Customer’s Responsibilities. 11.1 The Customer shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardis; (b) take such steps (including compliance with all safety and usage instructions provided by Tardis) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent; (e) Keep Tardis fully informed of all material matters relating to the Equipment. (f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent; (g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require; (i) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it; (j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal. (k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising) (l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment. (m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation. (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment. (q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7. (r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc. 11.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 9 contracts
Samples: Equipment Hire Agreement, Equipment Hire Agreement, Equipment Hire Agreement
Customer’s Responsibilities. 11.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardis;
(b) take such steps (including compliance with all safety and usage instructions provided by Tardis) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 6 contracts
Samples: Equipment Hire Agreement, Equipment Hire Agreement, Equipment Hire Agreement
Customer’s Responsibilities. 11.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisXxxxxx;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without TardisXxxxxx' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis Xxxxxx of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 2 contracts
Customer’s Responsibilities. 11.1 7.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, environment used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisAudioserv;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisAudioserv) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or Equipment without the prior written consent of Audioserv unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis Audioserv immediately upon installation; ;
(e) keep Audioserv fully informed of all material matters relating to the Equipment;
(f) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' Audioserv's prior written consent;
(g) permit Tardis Audioserv or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to TardisAudioserv, together with such additional information as Tardis Audioserv may reasonably require;
(i) Not not, without the prior written consent of TardisAudioserv, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(j) Not not without the prior written consent of TardisAudioserv, attach the Equipment to any land or building so as to cause the equipment Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis Audioserv against all Losseslosses, costs or expenses incurred as a result of such affixation or removal.;
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis Audioserv in the equipment Equipment and, where the Equipment has become affixed to any land or building, the customer Customer must take all necessary steps to ensure that Tardis Audioserv may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis Audioserv of any rights such person may have or acquire in the Equipment and a right for Tardis Audioserv to enter onto such land or building to remove the Equipment.;
(ml) Not not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer Customer shall notify Tardis Audioserv and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis Audioserv on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.;
(nm) not use the Equipment for any unlawful purpose;
(on) ensure that at all times the Equipment remains identifiable as being Tardis' Audioserv's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(po) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis Audioserv requires, or if necessary necessary, allow Tardis Audioserv or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.;
(p) inform Audioserv of all health and safety and security requirements that apply at any of the Customer’s premises;
(q) obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable Audioserv to perform its duties under this agreement, including in relation to the installation of Audioserv’s equipment;
(r) not do or permit to be done anything which could invalidate the insurances referred to in clause 76(Title, risk and insurance).
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 7.2 The Customer acknowledges that Tardis Audioserv shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer Customer undertakes to indemnify Tardis Audioserv on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreementagreement.
7.3 If Audioserv’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, Audioserv shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer.
Appears in 2 contracts
Samples: Terms of Hire & Production Services, Terms of Hire & Production Services
Customer’s Responsibilities. 11.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisXxxxxx;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep keep Tardis fully informed of all material matters relating to the Equipment.;
(f) Keep keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not not, without the prior written consent of Tardis, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(j) Not not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losseslosses, costs or expenses incurred as a result of such affixation or removal.;
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis in the equipment Equipment and, where the Equipment has become affixed to any land or building, the customer Customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove the Equipment.;
(m) Not not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer Customer shall notify Tardis and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.;
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.; and
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.in
11.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer Customer undertakes to indemnify Tardis on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreementagreement.
Appears in 2 contracts
Samples: Tardis Environmental Terms and Conditions, Tardis Environmental Terms and Conditions
Customer’s Responsibilities. 11.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisXxxxxx;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep keep Tardis fully informed of all material matters relating to the Equipment.;
(f) Keep keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not not, without the prior written consent of Tardis, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(j) Not not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losseslosses, costs or expenses incurred as a result of such affixation or removal.;
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis in the equipment Equipment and, where the Equipment has become affixed to any land or building, the customer Customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove the Equipment.;
(m) Not not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer Customer shall notify Tardis and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.;
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.; and
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.in
11.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer ver Customer undertakes to indemnify Tardis on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreementagreement.
Appears in 2 contracts
Samples: Tardis Environmental Terms and Conditions, Tardis Environmental Terms and Conditions
Customer’s Responsibilities. 11.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardis;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without TardisXxxxxx' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis Xxxxxx of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 1 contract
Samples: Equipment Hire Agreement
Customer’s Responsibilities. 11.1 7.1 The Customer shall during the term of this agreementRental Period:
(a) ensure that the Equipment BWC is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardisinstructions;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisPeoplesafe) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment BWC is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment BWC in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Delivery Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the EquipmentBWC;
(d) make no alteration to the Equipment BWC and shall not remove any existing component(scomponent (or components) from the BWC unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(scomponent (or components) is/are is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment BWC shall vest in Tardis Peoplesafe immediately upon on installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep Tardis keep Peoplesafe fully informed of all material matters relating to the Equipment.BWC;
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis Peoplesafe or its duly authorised representative to inspect the Equipment BWC at all reasonable times and for such purpose to enter upon on the Site site or any premises at which the Equipment BWC may be located, and shall grant reasonable access and facilities for such inspection;
(hg) maintain operating and maintenance records of the Equipment BWC and make copies of such records readily available to TardisPeoplesafe, together with such additional information as Tardis Peoplesafe may reasonably require;
(ih) Not not, without the prior written consent of TardisPeoplesafe, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment BWC or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(li) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or or interest of Tardis Peoplesafe in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.BWC;
(mj) Not not suffer or permit the Equipment BWC to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment BWC is so confiscated, seized or taken, the customer Customer shall notify Tardis Peoplesafe and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment BWC and shall indemnify Tardis Peoplesafe on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.;
(nk) not use the Equipment BWC for any unlawful purpose;
(ol) ensure that at all times the Equipment BWC remains identifiable as being Tardis' Peoplesafe's property and wherever possible shall ensure that a visible sign to that effect is attached to the EquipmentBWC;
(pm) deliver up the Equipment BWC at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis Peoplesafe requires, or if necessary necessary, allow Tardis Peoplesafe or its representatives access to the Site site or any premises where the Equipment BWC is located for the purpose of removing the Equipment.BWC; and
(qn) not do or permit to be done anything which could invalidate the insurances referred to in clause 7Paragraph 6 above.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 7.2 The Customer acknowledges that Tardis Peoplesafe shall not be responsible for any loss of or damage to the Equipment BWC arising out of or in connection with any negligence, misuse, mishandling of the Equipment BWC or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to Customer shall indemnify Tardis on demand the same, and Peoplesafe in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, liabilitiesloss of profit, claimsloss of reputation and all interest, damages, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or expenses of whatever nature otherwise incurred by Peoplesafe arising out of of, or in connection with any failure by the Customer to comply with the terms of and conditions given in this Agreement.
Appears in 1 contract
Samples: Standard Terms and Conditions
Customer’s Responsibilities. 11.1 9.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardis;
(b) take such steps (including compliance with all safety and usage instructions provided by Tardis) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment services at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment services may be located, and shall grant reasonable access and facilities for such inspection;
(hd) maintain operating and maintenance records of the any Equipment Tardis are required to work on and/or service, and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 9.2 The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 1 contract
Samples: General Terms and Conditions
Customer’s Responsibilities. 11.1 8.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisSixis;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisSixis) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(scomponent (or components) from the Equipment without the prior written consent of Sixis unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(scomponent (or components) is/are is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis Sixis immediately upon on installation; ;
(d) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of Sixis unless to comply with any mandatory modifications required by law or any regulatory authority or unless the component (or components) is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Sixis immediately on installation;
(e) keep Sixis fully informed of all material matters relating to the Equipment;
(f) keep the Equipment at all times at the Site Premises and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' Sixis’ prior written consent;
(g) permit Tardis Sixis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon on the Site Premises or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardisnot, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of TardisSixis, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(ji) Not not without the prior written consent of TardisSixis, attach the Equipment to any land or building so as to cause the equipment Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis Sixis against all Losseslosses, costs or expenses incurred as a result of such affixation or removal.;
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(lj) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or or interest of Tardis Sixis in the equipment Equipment and, where the Equipment has become affixed to any land or building, the customer Customer must take all necessary steps to ensure that Tardis Sixis may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis Xxxxx of any rights such person may have or acquire in the Equipment and a right for Tardis Sixis to enter onto such land or building to remove the Equipment.;
(mk) Not not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer Customer shall notify Tardis Sixis and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis Sixis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.;
(nl) not use the Equipment for any unlawful purpose;
(om) ensure that at all times the Equipment remains identifiable as being Tardis' Sixis's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(pn) if the parties have not agreed to any extended term at agreed rates at the time, deliver up the Equipment at the end of the Rental Subscription Period or on earlier termination of this agreement at such address as Tardis Sixis requires, or if necessary allow Tardis Sixis or its representatives access to the Site Premises or any premises where the Equipment is located for the purpose of removing the Equipment.; and
(qo) not do or permit to be done anything which could invalidate the insurances referred to in clause 76.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 8.2 The Customer acknowledges that Tardis Sixis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to Customer shall indemnify Tardis on demand the same, and Sixis in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, liabilitiesloss of profit, claimsloss of reputation and all interest, damages, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or expenses of whatever nature otherwise incurred by Sixis arising out of of, or in connection with any failure by the Customer to comply with the terms of this Agreementagreement.
8.3 Holsters and sensors may need to be replaced during the Subscription Period and this cost is included in the Subscription Payment. However, Sixis reserves the right to charge the full list price for any sensors or holsters that are not provided to Sixis at the mid-term exchange to reflect the fact that such Equipment cannot be refurbished and/or reused by Sixis and holsters and sensors damaged mid-term through negligence, misuse, mishandling will be charged at full list price.
8.4 The Customer acknowledges that Sixis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with the removal of holsters from the customers tools.
Appears in 1 contract
Samples: Hire Agreement
Customer’s Responsibilities. 11.1 7.1 The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff persons in accordance with any operating instructions provided by TardisBig Chief;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisBig Chief) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at workmaintained;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Delivery Date (fair wear and tear only tear, damage by Big Chief Tipi employees and / or damage caused by manufacturing design or design fault excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(sEquipment;
(e) is/are replaced immediately (or if removed in the ordinary course keep Big Chief fully informed of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or material matters relating to the Equipment shall vest in Tardis immediately upon installation; Equipment;
(f) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' Big Chief's prior written consent;
consent (e) Keep Tardis fully informed of all material matters relating this includes moving furniture from inside to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part outside of the Equipment to any other location without Tardis' prior written consenttipi structure);
(g) permit Tardis Big Chief or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardisnot, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of TardisBig Chief, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(ji) Not not without the prior written consent of TardisBig Chief, attach the Equipment to any land or building so as to cause the equipment Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.;
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(lj) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis Big Chief in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.;
(m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(nk) not use the Equipment for any unlawful purpose;
(ol) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the EquipmentBig Chief's property;
(pm) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requiresPeriod, or if necessary allow Tardis Big Chief or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.;
(qn) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.6;
(o) provide Big Chief with a Site Plan not less than 2 months prior to the Delivery Date;
(p) obtain such permits and consents from the relevant authorities (including the local planning authority, district surveyor, police, fire brigade and any similar organisations) as are necessary for the Equipment to be installed at the Site;
(q) obtain any and all required licenses as may be required by the local authority and notify Big Chief in writing of any requirements specified in such licences at least 14 days prior to the Delivery Date;
(r) Be not to enter the Equipment or any part of it whilst it is being installed or dismantled by Big Chief;
(s) ensure the Equipment is closed off securely and any door fastened when the Equipment is not in use in relation to the Event;
(t) not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of Big Chief;
(u) not interfere, tamper with or move any Third Party Equipment, including attempting to refuel any generators with a fuel not provided by the Third Party Supplier;
(v) not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of Big Chief;
(w) not to tamper with the structure of any part of the Equipment and not to affix or suspend from the Equipment any item whatsoever without Big Chief’s prior written consent;
(x) follow any instructions and guides provided by Big Chief and be responsible for any fines incurred on the site(smaintenance and safe custody of the Equipment during the Rental Period;
(y) be the dedicated health & safety officer for the Event or access nominate a third party for this role and provide Big Chief with the details of such nominee (H&O Officer). The Customer shall be responsible for ensuring the H&O Officer has received all documentation from Big Chief to site(s), in terms of PCN’s etcallow the H&O Officer to fulfil his/her duties fully; and
(z) arrange security for the Equipment during the Rental Period.
11.2 7.2 The Customer acknowledges that Tardis Big Chief shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer Customer, its guests or its officers, employees, agents and contractors, contractors and the customer undertakes to indemnify Tardis on demand the same, and against all Customer shall be responsible for any losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreementagreement.
7.3 In the event the Customer is unable to obtain the consents and permissions that may be required under clauses 7.1(p) and 7.1(q) the Customer shall notify Big Chief and Big Chief may terminate this agreement with immediate effect. The Customer shall be responsible for any losses or costs caused by the absence or misrepresentations of the consents and permissions required by clauses 7.1(p) and 7.1(q).
7.4 Before Big Chief can dismantle the Equipment following the Event, the Customer must clear the Equipment of all debris, rubbish, broken glass and personal belongings. If the Customer fails to clear the Equipment to Big Chief’s satisfaction, the Customer shall be liable to pay a £500 cleaning fee.
7.5 The Customer may zip open blanking panels subject to the prior written consent of Big Chief.
7.6 For the avoidance of doubt, the Customer is responsible for all loss or damage to the Equipment resulting from wilful neglect, malicious acts, failure to adhere to any special security arrangements as notified by Big Chief to the Customer from time to time and any breach of clause 7.1.
Appears in 1 contract
Samples: Terms and Conditions of Hire
Customer’s Responsibilities. 11.1 11.1. The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardis;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
a. where the item has been on hire for 24 months or longer, the customer shall pay all costs associated with exchanging the item, if to replace the item additional equipment is required, i.e. HIAB, Forklifts etc
(d) Any equipment supplied will be tested and compliant at the time of delivery, any repairs, maintenance, servicing or testing that is required while on hire is chargeable to the customer. This includes but is not limited to; servicing oils, filters, spark plugs, lifting certification, electrical testing, tyres and mechanical parts such as jockey wheels, handbrake cables, pull cords.
(e) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without TardisXxxxxx' prior written consent;
(ef) Keep Tardis fully informed of all material matters relating to the Equipment.
(fg) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(gh) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(hi) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(ij) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(jk) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(kl) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising);
(lm) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(mn) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(no) not use the Equipment for any unlawful purpose;
(op) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(pq) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(qr) not Not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(rs) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 (t) Full aborted charges will also apply should waste other than sewage be found in the waste tank, i.e. waste that is not generated from a toilet i.e. paints / oils / grease etc. This also includes sanitary products and plastic wet wipes. It’s the client’s responsibility to ensure the waste is pumpable non haz toilet waste only.
(u) If you require Tardis to provide the emptying service we strongly suggest that you return the waste declaration form prior to the hire, to enable us to source and agree a route for safe and legal disposal with a fully licensed disposal facility. It is the waste producer’s responsibility to classify the waste.
(v) If tanks are required without the waste declaration form being completed please be mindful this may cause delay in tipping, if we can’t source a safe and legal route for disposal. Therefore tanks would be placed back on hire until disposal is established.
11.2. The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 1 contract
Samples: Equipment Hire Agreement
Customer’s Responsibilities. 11.1 4.1 The Customer shall during the term of this agreementRental Period:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by Tardisthe e-Track;
(b) take such steps (including compliance with all safety and usage instructions provided by Tardisthe e-Track) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being setset up, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date delivery (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(scomponent (or components) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless Equipment without the component(s) is/are replaced immediately (or if removed in prior written consent of the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of ite-Track. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis the e-Track immediately upon on installation; ;
(e) keep the e-Track fully informed of all material matters relating to the Equipment;
(f) keep the Equipment at all times at the Site Customer’s premises as notified to the e-Track and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(the e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' -Track's prior written consent;
(g) permit Tardis the e-Track or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon on the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardisnot, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of Tardisthe e-Track, part with control of ( (including for the purpose purposes of repair or maintenance), sell or off offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge charge, lien or other security interested interest in respect of it;
(ji) Not not without the prior written consent of Tardisthe e-Track, attach the Equipment to any land or building so as to cause the equipment Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis the e-Track against all Losseslosses, costs or expenses incurred as a result of such affixation or removal.;
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising)
(lj) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or or interest of Tardis the e-Track in the equipment Equipment and, where the Equipment has become affixed to any land or building, the customer Customer must take all necessary steps to ensure that Tardis the e-Track may enter such land or building and recover the Equipment both during the term of this agreement Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis the e-Track of any rights such person may have or acquire in the Equipment and a right for Tardis the e-Track to enter onto such land or building to remove the Equipment.;
(mk) Not not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer Customer shall notify Tardis the e-Track and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis the e-Track on demand against all losses, costs, charges, damages and expenses reasonably incurred as a result of such confiscation.;
(nl) not use the Equipment for any unlawful purpose;; and
(om) ensure that at all times the Equipment remains identifiable as being Tardis' the e-Track's property and wherever possible shall ensure that a visible sign the sign/stickers supplied by the e-Track to that effect is remain visible and attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(q) not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 4.2 The Customer acknowledges that Tardis the e-Track shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 1 contract
Samples: Master Services Agreement
Customer’s Responsibilities. 11.1 11.1. The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisXxxxxx;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
a. where the item has been on hire for 24 months or longer, the customer shall pay all costs associated with exchanging the item, if to replace the item additional equipment is required, i.e. HIAB, Forklifts etc
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without TardisXxxxxx' prior written consent;
(e) Keep Tardis fully informed of all material matters relating to the Equipment.
(f) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(g) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(i) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(j) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(k) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising);
(l) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(m) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(n) not use the Equipment for any unlawful purpose;
(o) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(p) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(q) not Not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(r) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 (s) Full aborted charges will also apply should waste other than sewage be found in the waste tank, i.e. waste that is not generated from a toilet i.e. paints / oils / grease etc. This also includes sanitary products and plastic wet wipes. It’s the client’s responsibility to ensure the waste is pumpable non haz toilet waste only.
11.2. The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 1 contract
Samples: Equipment Hire Agreement
Customer’s Responsibilities. 11.1 11.1. The Customer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in Specific Terms for the Equipment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by TardisXxxxxx;
(b) take such steps (including compliance with all safety and usage instructions provided by TardisXxxxxx) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
a. where the item has been on hire for 24 months or longer, the customer shall pay all costs associated with exchanging the item, if to replace the item additional equipment is required, i.e. HIAB, Forklifts etc
(d) Any equipment supplied will be tested and compliant at the time of delivery, any repairs, maintenance, servicing or testing that is required while on hire is chargeable to the customer. This includes but is not limited to; servicing oils, filters, spark plugs, lifting certification, electrical testing, tyres and mechanical parts such as jokey wheels, handbrake cables, pull cords.
(e) make no alteration to the Equipment and shall not remove any existing component(s) from the unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in Tardis immediately upon installation; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without TardisXxxxxx' prior written consent;
(ef) Keep Tardis fully informed of all material matters relating to the Equipment.
(fg) Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Tardis' prior written consent;
(gh) permit Tardis or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(hi) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Tardis, together with such additional information as Tardis may reasonably require;
(ij) Not without the prior written consent of Tardis, part with control of ( including for the purpose of repair maintenance), sell or off for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge lien or other security interested in respect of it;
(jk) Not without the prior written consent of Tardis, attach the Equipment to any land or building so as to cause the equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Tardis against all Losses, costs or expenses incurred as a result of such affixation or removal.
(kl) ensure that Tardis is able to access the Equipment and remove it from site safely without damage to the land or surrounding buildings at the end of the Contract (howsoever arising);
(lm) not do or permit to be done any act or thing which will or may jeopardise the right, title and /or and/or interest of Tardis in the equipment and, where the Equipment has become affixed to any land or building, the customer must take all necessary steps to ensure that Tardis may enter such land or building and recover the Equipment both during the term of this agreement and for reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Tardis of any rights such person may have or acquire in the Equipment and a right for Tardis to enter onto such land or building to remove Equipment.
(mn) Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the customer shall notify Tardis and the shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Tardis on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
(no) not use the Equipment for any unlawful purpose;
(op) ensure that at all times the Equipment remains identifiable as being Tardis' property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(pq) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Tardis requires, or if necessary allow Tardis or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
(qr) not Not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
(rs) Be responsible for any fines incurred on the site(s) or access to site(s), in terms of PCN’s etc.
11.2 (t) Full aborted charges will also apply should waste other than sewage be found in the waste tank, i.e. waste that is not generated from a toilet i.e. paints / oils / grease etc. This also includes sanitary products and plastic wet wipes. It’s the client’s responsibility to ensure the waste is pumpable non haz toilet waste only.
11.2. The Customer acknowledges that Tardis shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the customer undertakes to indemnify Tardis on demand the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.
Appears in 1 contract
Samples: Equipment Hire Agreement
