General Terms and Conditions of hire – The Powerline (Entertainments) Limited
YOU THE HIRER MUST ENSURE THAT YOU ARE PROPERLY COVERED BY INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS CONTRACT
A “Owners” mean THE POWERLINE (ENTERTAINMENTS) Limited
B “Hirer” is the company, firm, person, corporation or public authority taking the Owners equipment on hire and includes their successors or personal representatives.
C “Plant” means Plant, machinery, equipment and accessories thereto which the Owners agree to hire to the Hirer under this contract.
D “Site” means the address of the Hirer or such other place specified by the Hirer at the time of hire.
E The “Hire Period” means the time from when the Plant leaves the Owners premises to when it is received back at the Owners premises.
2. EXTENT OF CONTRACT
No terms other than those expressly contained therin shall apply to or form part of the contract
3. DELIVERY IN GOOD ORDER
A. Plant supplied shall be in good working order and fit for the purpose for which the equipment of that kind is normally used.
B. The Owners do not warrant that the Plant supplied shall be fit for any special purpose.
C. The Hirer shall satisfy himself as to the condition of the Plant supplied at the time of acceptance of the Plant by the Hirer, his agent or employee.
D. Unless notice to the contrary is received by the Owners within 24 hours of the supply of the Plant then same shall be deemed to be supplied in good working order, except for defects which could not be discovered by reasonable examination.
4. TRANSPORTATION LOADING AND UNLOADING
A. The Hirer shall be responsible for collecting from and returning to the Owners premises.
B. When the Hirer requires the Owners to transport the Plant the transportation shall be at the Hirers expense.
C. The Hirer shall be responsible for loading and unloading at the time of collection from the Owners premises and at the time of delivery to the Owners premises on the termination of the hire period.
D. Any person supplied by the Owners to assist in the loading and unloading shall be deemed to be under the Hirers control and shall comply with all the directions of the Hirer who alone shall be responsible for any damage caused to the Plant as a result of such unloading and loading.
5. UNAUTHORISED CHANGE OF SITE
The Plant must not be removed from the site to which it was delivered, or specified by the Hirer on commencement of hire, without written authority of the Owners.
6 UNAUTHORISED RE-HIRING OF EQUIPMENT
The Plant or any part thereof shall not be re-hired, sublet, or lent to any third party without the written consent of the Owners.
7. MAINTENANCE OPERATION AND USE OF PLANT
The Hirer shall during the hire be responsible for the safe keeping and maintenance of the Plant, for lubricating as Instructed by the Owners and ensuring that the fuel level remains at level required for correct operation of the Plant. At no time shall the Hirer operate the Plant after it has become defective, damaged or in a dangerous state. Failure to observe the aforementioned will result in the Hirer being liable to the Owners for the cost of the repairs and also for the hire charges accruing whilst the Plant is Idle due to breakdown or damage whilst repairs are being progressed.
8. ACCESS BY OWNER FOR SERVICING AND INSPECTION OF PLANT
The Hirer shall permit the Owners or their agents access to Plant at reasonable times to adjust, inspect, service and maintain or repair same. Hirers must notify the Owners when the Plant has been operating for 350 hours without service and any necessary repairs.
A. In the event of breakdown of the Plant which is not readily repairable, the Owners shall be entitled to substitute Plant of a similar type. If the Owners are not able to do so, the hire shall be terminated as from the date of the notification of breakdown.
B. Where breakdown of the Plant arises from a cause other than through a development of a fault not discoverable by reasonable examination, all costs incurred by the Owners in repairing the Plant including transport costs, shall be chargeable to the Hirer.
10. NOTIFICATION OF ACCIDENTS
The Owners must be notified immediately of any accidents involving their Plant.
11. HIRERS LIABILITY
A. Responsibility for loss or damage to the Plant is accepted by the Hirer from the time the Plant is delivered to the site until it is removed from the site by, or on the instructions of the Owner. This responsibility will also apply whilst the Plant is on site during any period prior to the commencement of the hire period or after its termination whilst the Plant is awaiting collection.
B. During the continuance of the hire period, the Hirers shall be liable to the Owners for the cost of all loss or damage to Plant from any cause whatsoever, except for fair wear and tear.
C. In the event of loss or damage to the Plant, hire charges shall continue until such time and date as the Hirer pays for the cost incurred by the Owners in respect of such loss or damage.
12. HIRER TO INDEMNIFY OWNERS AGAINST THIRD PARTY CLAIMS
The Hirer shall at all times indemnify the Owners in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with or arising out of, the use of the Plant and in respect of all costs and charges in connection therewith.
13. CONSEQUENTIAL LOSS
The Owners shall not be liable for any consequential loss or damage arising from this contract.
14. RETURN OF PLANT ON COMPLETION OF HIRE
A. The Hirer shall be responsible for returning the Plant on completion of the hire in a condition equal to that as the commencement of the hire, fair wear and tear excepted.
B. When the Plant or part thereof cannot be returned to the Owners on completion of hire owing to the loss, destruction or theft of the Plant, (or such part), whether or not due to any fault of the Hirer, his agent, or employee, the Hirer shall pay to the Owners the manufacturer’s recommended selling price for that Plant (or that part of the Plant) or subsequent lost hire charge period.
15. PAYMENT OF HIRE CHARGES
The Hirer agrees to pay rentals in respect of the hire of the equipment as specified in the Owner’s invoice for the period of hire. Payments are due upon receipt of the said invoice. Where the equipment is hired by the Hirer for a period in excess of the period of hire, the Hirer agrees to pay rentals in respect thereof to the Owners at the Owners excess rate then prevailing. All invoices are due for settlement in full within thirty (30) days of its date.
16. CONSUMABLE ITEMS
Fuel, oil and grease shall, when supplied by the Owners, be charged at net cost and when supplied by the Hirer, shall be of a grade and type specified by the Owners.
17. OWNERS NAME PLATE
Hirers shall not remove, deface or cover up any name-plate or identification mark or number on the Plant, nor shall he put any mark on the Plant which might indicate or suggest that the Plant is not the property of the Owners.
18. HIRER NOT TO DISPOSE OF PLANT
The Hirer shall not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Plant except with the written consent of the Owners.
No variation of these conditions shall be effective unless agreed in writing by an authorised member of the Owners. No member below the rank of director is so authorised. The Owners reserve the right to vary the amount of rental payments upon giving one weeks written notice of such variation to the Hirer.
20. FORCE MAJEURE
The Owners shall not be responsible for an shall incur no liability as a result of any failure or delay caused by circumstances beyond its control.
No Forbearance, indulgence or relaxation on the part of the Owners shown or granted to the Hirer in respect of any of the provisions of this agreement shall in any way affect, diminish or prejudice the right or powers of the Owners under this agreement or operate as or be deemed to be a waiver of any breach by the Hirer of the terms and conditions of this agreement.
22. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the law of the European Community.