Hire Period. 5.1 The Hire Period in respect of a Container begins from the time Delivery occurs and continues until: (a) the date specified in this Hire Agreement or otherwise recorded in documentation provided by Container Works; or (b) the date the earliest of the following occurrences: (i) the date the Container is returned by the Hirer to the premises of Container Works, provided that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer and the Hirer is liable to pay the Hire Charge until the expiry date of that notice period; (ii) the expiry date of the notice period in clause 13.1 of the Hire Agreement being the date this Hire Agreement is cancelled; or (iii) the date the Container is removed by Container Works pursuant to clause 13.2, provided that in all instances Container Works reserves the Hire Period will not end until such time as the Container is available for hire to a third party. 5.2 The Hirer will, subject to clause 6.3, at expiry of the Hire Period: (a) with express agreement from Container Works, deliver the Container to Container Works premises (or to such other location as instructed by Container Works); (b) arrange for removal of the Container from the Hirer’s premises to Container Works’ premises (and otherwise in consultation with Container Works); (c) obtain Container Works’ written consent to the continuation of hire (in which case the Hirer shall pay additional hire charges, at a rate determined by Container Works, for such continued hire period). 5.3 If the Hirer fails to comply with clause 5.2, the Hirer will be liable for any additional charges or Service Charges (if applicable) as determined by Container Works, acting reasonably including without limitation, any charges payable as a result of the delay in the return of the Container.
Appears in 1 contract
Samples: Hire Agreement
Hire Period. 5.1 The 7.1 Hire Period in respect of a Container begins Charges shall commence from the time Delivery occurs the scaffolding is erected and continues untilthe Scaffolding Handover Certificate or green tag is first issued and/or from when the Scaffolding has started to be used legally and shall continue until the Client advises that the scaffold is “Off hired”. In the case where the Client revokes the off-hire notice or has continued to use the Scaffolding after the off hiring period has occurred then the hire Charges shall continue without interruption until the actual end of the Hire Period or until the expiry of the Minimum Hire Period, whichever last occurs.
7.2 All hire Charges are for a minimum of seven (7) days hire and thereafter hire is calculated on a daily basis at the weekly hire rate divided by seven (7) days.
7.3 Returns:
(a) The date upon which the date specified Client advises of such shall in this Hire Agreement or otherwise recorded in documentation provided by Container Works; orall cases be treated as a full day’s hire;
(b) the date the earliest of the following occurrences:
The Client must provide Scafit with two (i2) the date the Container is returned by the Hirer to the premises of Container Works, provided full working days’ notice that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer Scaffolding is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer and the Hirer is liable to pay the Hire Charge until the expiry date of that notice periodavailable for collection;
(iic) The Return to Scafit’s premises must be completed during normal business hours;
(d) In the expiry date event the Scaffolding is not returned to Scafit by the end of the notice period in clause 13.1 of specified hire period, the Hire Agreement being the date this Hire Agreement is cancelled; or
(iii) the date the Container is removed by Container Works pursuant to clause 13.2, provided that in all instances Container Works reserves the Hire Period Client will not end be charged at Scafit’s then current daily rate until such time as the Container Scaffolding is available for hire to a third party.
5.2 The Hirer will, subject to clause 6.3, at expiry of the Hire Period:
(a) with express agreement from Container Works, deliver the Container to Container Works premises (or to such other location as instructed by Container Works)returned;
(be) arrange The Client must not submit the Scaffolding for removal Return if it has not been cleaned (including all asbestos fibres and other hazardous particles or substances such as mortar, render, epoxy or other applied finishes, etc.).
7.4 No allowance whatever can be made for time during which the Scaffolding is not in use for any reason, unless Scafit confirms special prior arrangements in writing. In the event of Scaffolding breakdown provided the Container from Client notifies Scafit immediately, hiring Charges will not be payable during the Hirer’s premises time the Scaffolding is not working, unless the condition is due to Container Works’ premises (and otherwise in consultation with Container Works);
(c) obtain Container Works’ written consent negligence or misuse on the part of or attributable to the continuation of hire Client.
7.5 Scafit shall inspect the Scaffolding on a weekly basis, post any storm and/or adverse weather event (where in which case the Hirer shall pay additional hire charges, Scafit’s opinion an inspection is required) at a rate determined by Container Worksof fifty dollars ($50) per visit (unless otherwise stated at a different rate) charged additionally to the Client. Notwithstanding this clause, Scafit retains the right at all times during the hire period to inspect the Scaffolding.
7.6 Where the Client request Scafit to inspect the Scaffolding other than the initial or weekly inspection, the Client acknowledges and agrees that all associated costs for such continued hire period)Services shall be charged additional to the Client.
5.3 If the Hirer fails to comply with clause 5.2, the Hirer will be liable for any additional charges or Service Charges (if applicable) as determined by Container Works, acting reasonably including without limitation, any charges payable as a result of the delay in the return of the Container.
Appears in 1 contract
Samples: Scaffolding Hire Agreement
Hire Period. 5.1 The Hire Period begins on the Start Date stated in respect of a Container begins from the time Delivery occurs and continues untilHire Schedule upon the earlier of:
(a) the date specified time at which the Equipment is booked out of the Owner’s business premises as stated in this the Hire Agreement or otherwise recorded in documentation provided by Container Works; orSchedule;
(b) the date the earliest collection of the following occurrences:
(i) Equipment by or on behalf of the date Hirer from the Container is returned Owner’s business premises, or such other address as nominated by the Hirer to the premises of Container Works, provided that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer and the Hirer is liable to pay the Hire Charge until the expiry date of that notice period;
(ii) the expiry date of the notice period in clause 13.1 of the Hire Agreement being the date this Hire Agreement is cancelledOwner; or
(iiic) collection of the date Equipment by a carrier engaged by either the Container is removed by Container Works pursuant to clause 13.2, provided that in all instances Container Works reserves Hirer or the Hire Period will not end until such time as the Container is available for hire to a third partyOwner.
5.2 The Hirer will, subject to clause 6.3, at expiry Hire Period will end upon the return of the Equipment to the Owner’s business premises. If the Hire Period:
(a) with express agreement from Container WorksPeriod continues beyond 8.00 am the day following the Finish Date, deliver then an additional Hire Charge equivalent to one half day’s hire will be payable by the Container to Container Works premises (or to such other location as instructed by Container Works);
(b) arrange for removal Hirer. If the Hire Period extends beyond that time, then a further Hire Charge based on the full amount of time that the Container Equipment is away from the Owner’s business premises will be payable by the Hirer’s premises to Container Works’ premises (and otherwise in consultation with Container Works);
(c) obtain Container Works’ written consent to the continuation of hire (in which case the Hirer shall pay additional hire charges, at a rate determined by Container Works, for such continued hire period).
5.3 If the Hirer fails to comply with clause 5.2reports that the Equipment has broken down or become unserviceable for any reason apart from any act or omission on the part of the Hirer, then the Hirer Hire Period will be liable for any additional charges or Service Charges (if applicable) deemed to have ceased from the time of the breakdown as determined by Container Worksthe Owner, acting reasonably including without limitation, any charges payable as a result but will resume upon the Equipment again becoming serviceable at the Hiring Address.
5.4 If the Equipment becomes inoperative during the Hire Period due to the act or omission of the delay Hirer or any of its staff, contractors or personnel, the Hire Charge will continue to be charged and payable by the Hirer up to and including the time that the Equipment is repaired and/or replaced and returned to the Owner in proper working order and condition. Notwithstanding this continuing obligation, the return Hire Charge will be payable for a maximum period of thirty (30) weeks from the time that the Equipment became inoperative. The hiring will otherwise be deemed to have ceased before the expiration of the Containerthirty (30) weeks, if the Equipment is damaged beyond economic repair and the Owner’s insurer either replaces the Equipment or pays the Owner its full replacement value.
Appears in 1 contract
Samples: Equipment Hire Agreement
Hire Period. 5.1 The 8.1. All Hire Charges are for a minimum of seven (7) days of Hire, and thereafter Hire is calculated daily at the weekly Hire rate divided by seven (7) days.
8.2. Hire Charges shall commence when the Equipment is erected or from when the Equipment has started to be used and shall continue until you advise us that the Equipment is ready for removal from the Worksite. If you revoke the Off-Hire Notice or have continued to use the Equipment after the Off-Hire period has occurred, then the Hire Charges shall continue without interruption until the end of the Hire Period in respect or until the expiry of a Container begins from the time Delivery Minimum Hire Period (whichever occurs and continues untillast).
8.3. It is agreed by both parties that:
(a) the date specified in this Hire Agreement or otherwise recorded in documentation provided by Container Works; or
(b) the date the earliest any return of the following occurrences:
(i) the date the Container is returned by the Hirer Equipment to the our premises of Container Works, provided that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer must be completed during our regular business hours and the Hirer is liable to pay the Hire Charge until the expiry date of that notice period;
(ii) the expiry date of the notice period in clause 13.1 of the Hire Agreement being the date this Hire Agreement is cancelled; or
(iii) the date the Container is removed by Container Works pursuant to clause 13.2, provided that in all instances Container Works reserves the Hire Period will not end until such time as the Container is available for hire to a third party.
5.2 The Hirer will, subject to clause 6.3, at expiry of the Hire Period:
(a) with express agreement from Container Works, deliver the Container to Container Works premises (or to such other location as instructed by Container Works)while our staff are present;
(b) arrange for removal in the event the Equipment is not returned to us by the end of the Container from specified Hire period, you will be charged at our current daily rate until the Hirer’s premises to Container Works’ premises (and otherwise in consultation with Container Works);Equipment is returned; and
(c) obtain Container Works’ written consent to you must not submit the continuation Equipment for return if it has not been cleaned (including the removal of hire (in which case the Hirer shall pay additional hire chargesall asbestos fibres or other hazardous substances such as mortar, at a rate determined by Container Worksrender, for such continued hire periodepoxy, or other applied finish debris).
5.3 If 8.4. No allowance can be made for time during which the Hirer fails Equipment is not used for any reason unless we confirm special prior arrangements in writing. In the event of any Equipment malfunction (provided you notify us immediately), Hire Charges will not be payable during the time the Equipment is not working (unless the malfunction is due to comply negligence or misuse on your part or is attributable to your actions).
8.5. We retain the right at all times during the Hire Period to inspect the Equipment.
8.6. Where you request us to inspect the Equipment other than the initial or weekly inspection, you acknowledge and agree that all associated costs for such Services shall be charged additionally as a variation (in accordance with clause 5.27).
8.7. None of the Equipment shall be sublet or cross-hired by you, and you agree to not assign or transfer your interest in this Agreement, or part with possession of all, or any component of the Hirer Equipment, without our prior written consent (which may be withheld at our sole discretion).
8.8. Should the Hire of the Equipment exceed a twelve (12) month Hire Period (or a six (6) month Hire Period with the right of renewal), clause 21 shall apply and will be liable constitute a Security Agreement in the form of a lease for any additional charges or Service Charges a term of more than one (if applicable1) year (as determined by Container Worksdefined in Part 2, acting reasonably including without limitation, any charges payable section 16 of the PPSA). You agree that we may register a security interest as a result of Purchase Money Security Interest (PMSI) over the delay in Equipment supplied (the return of the Containercollateral).
Appears in 1 contract
Samples: Equipment Hire Agreement
Hire Period. 5.1 The Hire Period in respect of a Container begins from the time Delivery occurs and continues until:
(a) the date specified in this Hire Agreement or otherwise recorded in documentation provided by Container Works; or
(b) the date the earliest of the following occurrences:
(i) the date the Container is returned by the Hirer to the premises of Container Works, provided that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer and the Hirer is liable to pay the Hire Charge until the expiry date of that notice period;
(ii) the expiry date of the notice period in clause 13.1 of the Hire Agreement being the date this Hire Agreement is cancelled; or
or (iii) the date the Container is removed by Container Works pursuant to clause 13.2, provided that in all instances Container Works reserves the Hire Period will not end until such time as the Container is available for hire to a third party.
5.2 The Hirer will, subject to clause 6.3, at expiry of the Hire Period:
(a) with express agreement from Container Works, deliver the Container to Container Works premises (or to such other location as instructed by Container Works);
(b) arrange for removal of the Container from the Hirer’s premises to Container Works’ premises (and otherwise in consultation with Container Works);
(c) obtain Container Works’ written consent to the continuation of hire (in which case the Hirer shall pay additional hire charges, at a rate determined by Container Works, for such continued hire period).
5.3 If the Hirer fails to comply with clause 5.2, the Hirer will be liable for any additional charges or Service Charges (if applicable) as determined by Container Works, acting reasonably including without limitation, any charges payable as a result of the delay in the return of the Container.any
Appears in 1 contract
Samples: Hire Agreement