Common use of HIRER OBLIGATIONS Clause in Contracts

HIRER OBLIGATIONS. 7.1 During the HIRE PERIOD the HIRER shall, at its own expense: a. comply with all laws and regulations relating to the use of the EQUIPMENT including health and safety requirements and shall use the EQUIPMENT in accordance with all relevant operating and safety instructions; b. ensure that the EQUIPMENT is operated properly and safely with due care and skill at all times by suitably competent, qualified, experienced personnel and in accordance with all instructions given by the OWNER; c. fully acquaint itself with the appropriate manufacturer's guidelines and not use or permit the use of the EQUIPMENT for any purpose beyond its capacity or in a manner likely to result in excessive wear or strain; d. ensure the EQUIPMENT at all times remains safe, clean and well-maintained; e. ensure that, dependent on the type of EQUIPMENT hired, the correct levels of lubricants and other fluids are used and that all such lubricants and fluids used are of suitable grade and quality for use with the EQUIPMENT. 7.2 In addition to the obligations contained in clause 7.1 above, the HIRER shall: a. ensure that the intended place of operation or location is suitable for the positioning and/or operating of the EQUIPMENT; b. not make any alterations to the EQUIPMENT; c. ensure that when and if the EQUIPMENT requires the fitting or re-fitting of any accessory, that only accessories supplied or approved by the OWNER are utilised and that any such accessory is correctly fitted or re-fitted in a manner so as not to damage the EQUIPMENT; x. immediately notify the OWNER of any malfunctioning of the EQUIPMENT; e. not carry out any repair to the EQUIPMENT without obtaining prior written authorisation from the OWNER; x. immediately notify the OWNER if the EQUIPMENT is involved in any incident or accident resulting in damage to the EQUIPMENT or to other property or injury to any person and immediately cease using the EQUIPMENT if there is any possibility that the EQUIPMENT or any defect relating to it was the cause of such incident or accident; g. ensure that the OWNER, and any person authorised by it, shall at all reasonable times have full access to the EQUIPMENT and any related facilities for inspecting, testing, auditing, repairing or replacing the same; h. not remove, deface or cover up any name-plate or identification mark or number on the EQUIPMENT nor put any mark on the EQUIPMENT which might indicate or suggest that the EQUIPMENT is not the property of the OWNER; i. not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the EQUIPMENT except with the prior written consent of the OWNER; and x. protect the EQUIPMENT against and claims or seizure from any third parties. 7.3 The HIRER shall indemnify the OWNER against any loss or damage to the EQUIPMENT or otherwise which it may suffer as a result of the HIRER failing to comply with the provisions of this clause 7 (HIRER OBLIGATIONS).

HIRER OBLIGATIONS. 7.1 During the HIRE PERIOD the HIRER shall, at its own expense: a. comply with all laws and regulations relating to the use of the EQUIPMENT including health and safety requirements and shall use the EQUIPMENT in accordance with all relevant operating and safety instructions; b. ensure that the EQUIPMENT is operated properly and safely with due care and skill at all times by suitably competent, qualified, experienced personnel and in accordance with all instructions given by the OWNER; c. fully acquaint itself with the appropriate manufacturer's guidelines and not use or permit the use of the EQUIPMENT for any purpose beyond its capacity or in a manner likely to result in excessive wear or strain; d. ensure the EQUIPMENT at all times remains safe, clean and well-maintained; e. ensure that, dependent on the type of EQUIPMENT hired, the correct levels of lubricants and other fluids are used and that all such lubricants and fluids used are of suitable grade and quality for use with the EQUIPMENT. 7.2 In addition to the obligations contained in clause 7.1 above, the HIRER shall: a. ensure that the intended place of operation or location is suitable for the positioning and/or operating of the EQUIPMENT; b. not make any alterations to the EQUIPMENT; c. ensure that when and if the EQUIPMENT requires the fitting or re-fitting of any accessory, that only accessories supplied or approved by the OWNER are utilised and that any such accessory is correctly fitted or re-fitted in a manner so as not to damage the EQUIPMENT; x. d. immediately notify the OWNER of any malfunctioning of the EQUIPMENT; e. not carry out any repair to the EQUIPMENT without obtaining prior written authorisation from the OWNER; x. f. immediately notify the OWNER if the EQUIPMENT is involved in any incident or accident resulting in damage to the EQUIPMENT or to other property or injury to any person and immediately cease using the EQUIPMENT if there is any possibility that the EQUIPMENT or any defect relating to it was the cause of such incident or accident; g. ensure that the OWNER, and any person authorised by it, shall at all reasonable times have full access to the EQUIPMENT and any related facilities for inspecting, testing, auditing, repairing or replacing the same; h. not remove, deface or cover up any name-plate or identification mark or number on the EQUIPMENT nor put any mark on the EQUIPMENT which might indicate or suggest that the EQUIPMENT is not the property of the OWNER; i. not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the EQUIPMENT except with the prior written consent of the OWNER; and x. j. protect the EQUIPMENT against and claims or seizure from any third parties. 7.3 The HIRER shall indemnify the OWNER against any loss or damage to the EQUIPMENT or otherwise which it may suffer as a result of the HIRER failing to comply with the provisions of this clause 7 (HIRER OBLIGATIONS).