Hirer’s responsibilities. 6.1 The Hirer shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and constructed in a proper manner in accordance with any operating instructions provided by the Owner which are displayed clearly on the Equipment; (b) take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 up, used, cleaned, maintained or put to use of any kind by any person; (c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period. (d) 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 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; (e) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment; (f) keep the Owner fully informed of all material matters relating to the Equipment; (g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner; (h) at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location; (i) 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 the Lessor's prior written consent;# (j) permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (k) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require; (l) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (m) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal; (n) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment; (o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment; (p) 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (q) not use the Equipment for any unlawful purpose; (r) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (s) deliver up the Equipment at the end of the Hire Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the Equipment; and (t) not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title, risk and insurance). 6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same. 6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment. 6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines. 6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent. 6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner. 6.7 The Hirer acknowledges that the Owner 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 Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreement. 6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise. 6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Hire Agreement
Hirer’s responsibilities.
6.1 7.1 The Hirer shall during the term of this agreementAgreement:
(a) 7.1.1 ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and constructed operated in a skilful and proper manner in accordance with any operating instructions provided by trained competent staff who hold all licences qualifications necessary for the Owner which are displayed clearly on operation of the EquipmentEquipment in accordance with all relevant regulations;
(b) 7.1.2 take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 upset, used, cleaned, cleaned or maintained or put to use of any kind by any persona person at work;
(c) 7.1.3 ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.remains safe, serviceable and clean;
(d) 7.1.4 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 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;
(e) 7.1.5 make no alteration to the Equipment and shall not remove any existing component(s) from the EquipmentEquipment without the prior written consent of the Owner 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 the Owner immediately upon installation;
(f) 7.1.6 keep the Owner fully informed of all material matters relating to the Equipment, including immediately notifying the Owner of any breakdown or unsatisfactory working of the Equipment;
(g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(h) 7.1.7 at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location;
(i) 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 the Lessor's prior written consent;#
(j) 7.1.8 permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(k) 7.1.9 maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(l) 7.1.10 not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(m) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(n) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(p) 7.1.11 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(q) 7.1.12 not use the Equipment for any unlawful purpose;
(r) 7.1.13 ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(s) 7.1.14 deliver up the Equipment at the end of the Hire Rental Period or on earlier termination of this agreement Agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the Equipment; and
(t) 7.1.15 not do or permit to be done anything which could invalidate the insurances (whether in the name of the Hirer or the Owner) referred to in clause 5(Title6;
7.1.16 if responsible for making payment of vehicle tax and road fund licence, risk procure that vehicle tax and insurance)road fund licences are paid in full and on time.
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 7.2 The Hirer acknowledges that the Owner 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 Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreementAgreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Equipment Hire Agreement
Hirer’s responsibilities.
6.1 The Hirer shall during the term of this agreementshall:
(a) ensure that Determine the condition and suitability of the Equipment is kept and operated in a suitable environment, used only for the purposes purpose required. Subsequent exchange of Equipment shall entail additional charges. The Equipment does not purport to be new stock or equal to new, but all Equipment is understood to be in good order for which it normal full load working at the stated capacity under ordinary conditions.
(b) Notify Verge immediately by telephone of any mechanical breakdown or accident and the circumstances surrounding this. The Hirer is designed, not absolved from the requirement to safeguard the Equipment by giving such notification.
(c) Use the Equipment safely and constructed in a proper manner properly and in accordance with any operating instructions provided supplied by the Owner which are displayed clearly on Verge, acknowledging that Verge gives no warranty as to the Equipment;
(b) take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 up, used, cleaned, maintained or put to use of any kind by any person;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period's capacity.
(d) maintain at Pay to Verge all hire and related charges and other costs, including delivery to and from Verge’s premises if applicable.
(e) Ensure only competent and qualified drivers, operators and erectors are given charge of the Equipment while in the Hirer's possession.
(f) Be responsible for all cleaning, lubrication and operating adjustments and for any damage occurring due to overloading mistakes or neglect in handling operation, etc, during the hire period.
(g) At its own expense expense, clean and keep the Equipment in good and substantial repair and condition and proper working order ,and pay all costs for replacements or repair required due to fire, theft, accident, loss or otherwise during the hire period, provided the Hirer shall not undertake any repair or servicing and if any repair or servicing appears desirable shall notify Verge immediately.
(h) Return the Equipment complete with all parts and accessories clean and in good order to keep it in as good an operating condition as it was on the Commencement Date (delivered, fair wear and tear only exceptedexcepted to Verge. The Hirer is not authorised to pledge Verge’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
(i) including replacement Keep the Equipment in its own possession and control at all times during the hire period.
(j) Accept full responsibility for the safekeeping of wornthe Equipment and indemnify Verge for all loss, damaged and lost parts, and shall make good any theft or damage to the Equipment;Equipment howsoever caused, and without limiting the generality of the foregoing, whether or not such loss theft or damage is attributable to any negligence, failure or omission of the Hirer.
(ek) Insure the Equipment against loss and damage during the hire period, and provide evidence of such insurance to Verge upon request.
(l) Accept full responsibility for and indemnify Verge against all claims in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising, whether from the negligence of the Hirer or any other persons including, but without limitation, where the Equipment is being operated for any reason by Verge, its servants or agents.
(m) Not alter or make no alteration any additions to the Equipment and shall not remove including, but without limitation, altering, make any existing component(s) from additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;.
(fn) keep Upon request by Xxxxx advise Verge of the Owner fully informed whereabouts of all material matters relating the Equipment and allow Verge, its agents or servants, reasonable time to inspect and test the Equipment;
(g) not. For such purposes the Hirer hereby gives irrevocable leave and licence to Verge, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(h) at all times keep its agents and servants to take possession and remove the Equipment in the possession or control and to enter upon any premises of the Hirer and keep as the Owner informed of its location;
(i) keep the Equipment at all times at the Site and shall not move or attempt to move any part agent of the Equipment to any other location without the Lessor's prior written consent;#
(j) permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to Hirer enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(k) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(l) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(m) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(n) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(p) 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(q) not use the Equipment for any unlawful purpose;
(r) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(s) deliver up the Equipment at the end of the Hire Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for or any of the purpose of removing the Equipment; andsame or any part thereof may be.
(to) not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title, risk and insurance).
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to Employ the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address solely in its own work and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 The Hirer acknowledges that the Owner 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 permit the Equipment or otherwise caused any part thereof to be used by the Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible other party for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arisework.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Terms and Conditions
Hirer’s responsibilities.
6.1 7.1 The Hirer shall during the term of this agreement:
(a) 7.1.1 ensure that the Equipment is kept and operated used in a suitable environmentenvironment at the Site, used only for the purposes for which it is designed, and constructed maintained in a proper manner by trained competent staff in accordance with any operating instructions provided by the Owner which are displayed clearly on the EquipmentOwner;
(b) 7.1.2 take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 upset, used, cleaned, cleaned or maintained or put to use of any kind by any persona person at work;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.
(d) 7.1.3 maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating a condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, removal and cleaning of any graffiti, defacement or other lack of cleanliness, and shall make good any damage to the Equipment;
7.1.4 provide full and safe access to the Equipment in order to enable the Owner to perform any of its obligations under this agreement, including the provision of lifting and other equipment (ee.g. scissor lifts) – it being acknowledged by the hirer that it shall be a failure to comply with this clause 7.1.4 if the Hirer is unable to provide the Owner with full specifications, certification and instruction manuals for such equipment upon the Owner’s request;
7.1.5 make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment;
(f) 7.1.6 keep the Owner fully informed of all material matters relating to the Equipment;
(g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(h) at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location;
(i) 7.1.7 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 the LessorOwner's prior written consent;#
(j) 7.1.8 permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(k) 7.1.9 maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(l) 7.1.10 not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(m) 7.1.11 not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(n) 7.1.12 not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(p) 7.1.13 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(q) 7.1.14 not use the Equipment for any unlawful purposepurpose or for the storage of any materials which may corrode, oxidise, dent, contaminate, puncture, stain or damage the Equipment;
7.1.15 not subject the Equipment to an abnormal load (rwhich shall include any load in excess of either (i) the Owner’s written and oral instructions, and (ii) any markings on the Equipment or in the documents supplied with the Equipment;
7.1.16 ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the EquipmentEquipment (and shall ensure that no existing marks or signage is altered, defaced or obscured);
(s) 7.1.17 deliver up the Equipment at the end of the Hire Rental Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the Equipment; and;
(t) 7.1.18 not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title6; and
7.1.19 in relation to Refrigerated Units only:
7.1.19.1 any produce to be stored in the Refrigerated Unit must be at the temperature to which the Refrigerated Unit is set before it is placed in the Refrigerated Unit;
7.1.19.2 produce must not be stored underneath the Cooling Equipment;
7.1.19.3 the temperature of the Refrigerated Unit must be monitored (and a log of such monitoring kept by the Hirer) at a frequency of not less than once every 6 hours;
7.1.19.4 the exterior wall of the Refrigerated Unit to which the Cooling Equipment is attached must have clearance along its full length and height of not less than 10 feet at all times;
7.1.19.5 the Refrigerated Unit must be cleaned at intervals of not more than every 14 days (or, risk where applicable laws or regulations set a shorter period, such period). Such cleaning must include as a minimum: high-pressure hot water steam cleaning with a non-contaminating and insurance)non-corrosive detergent; removal of all debris, bags, dunnage, rubbish, produce and ice; cleaning out of and removal of ice from floor drains, compressor coils and air ducts.
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 7.2 The Hirer acknowledges that the Owner 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 Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Equipment Hire Agreement
Hirer’s responsibilities.
6.1 The Hirer 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 agreed hereto, used only for the purposes for which it is designed, and constructed operated in a proper manner in accordance with any operating instructions provided by the Owner which are displayed clearly on the Equipment;
(b) Operator; take such steps (including compliance with all safety and usage instructions provided by the OwnerOwner Operator) 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 upset, used, cleaned, cleaned or maintained or put to use of any kind by any person;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety a person at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.
(d) work; 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 Commencement Date (fair wear and tear only excepted) including where appropriate and outside the scope of any rental terms replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(e) ; make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment;
Equipment unless the component(s) is/are replaced immediately (for 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 the Owner Operator immediately upon installation; keep the Owner Operator fully informed of all material matters relating to the Equipment;
(g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(h) at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location;
(i) 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 the Lessor's prior written consent;#
(j) whilst on hire; permit the Owner Operator or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address Equipment or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(k) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(l) ; not, without the prior written consent of the OwnerOwner Operator, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(m) ; not without the prior written consent of the OwnerOwner Operator, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner Operator against all losses, costs or expenses incurred as a result of such affixation or removal;
(n) ; not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner Operator in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner Operator 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 the Owner Operator of any rights such person may have or acquire in the Equipment and a right for the Owner Operator to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(p) ; 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 Hirer shall notify the Owner Operator and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner Operator on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(q) ; not use the Equipment for any unlawful purpose;
(r) ; ensure that at all times the Equipment remains identifiable as being the OwnerOwner Operator's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(s) ; deliver up the Equipment at the end of the Hire Rental Period or on earlier termination of this agreement at such address as the Owner Operator requires, or if necessary allow the Owner Operator or its representatives access to the Site Address Equipment or any premises where the Equipment is located for the purpose of removing the Equipment; and
(t) and not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title, risk and insurance).
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 this agreement The Hirer acknowledges that the Owner Operator 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 Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner Operator 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 Hirer to comply with the terms of this agreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Hire Agreement
Hirer’s responsibilities.
6.1 The Hirer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and constructed operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Owner which are displayed clearly on the Equipment;
(b) take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 upset, used, cleaned, cleaned or maintained or put to use of any kind by any persona person at work;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.
(d) 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 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;
(e) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment;
(f) keep the Owner fully informed of all material matters relating to the Equipment;
(g) not, without the prior written consent of the Owner, replace or use any parts of re-fuel the marquee that have machine with fuel which has not been provided by the Owner;
(h) at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location;
(i) 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 the Lessor's prior written consent;#
(j) permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(kj) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(lk) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(ml) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(nm) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(pn) 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(qo) not use the Equipment for any unlawful purpose;
(rp) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(sq) deliver up the Equipment at the end of the Hire Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the Equipment; and
(tr) not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title, risk and insurance).
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct operate the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 The Hirer acknowledges that the Owner 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 Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
6.9 Unless provided for otherwise in the Invoice, the Hirer is not to refuel the Equipment without express agreement from the Owner.
6.10 The Hirer undertakes to pay a fee of £25.00 to the Owner in the event they lose the keys to the Equipment.
Appears in 1 contract
Samples: Hire Agreement
Hirer’s responsibilities.
6.1 8.1 The Hirer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and constructed operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Owner which are displayed clearly on the Equipmentinstructions;
(b) take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 upset, used, cleaned, cleaned or maintained by a person at work in accordance with any statutory obligations or put to use of any kind by any personotherwise;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.
(d) 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 Commencement Date (fair wear and tear only excepted) preserving any identification number or xxxx or any nameplate of the Owner or manufacturer on the Equipment and including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(ed) make no alteration to the Equipment and shall not remove any existing component(s) from the EquipmentEquipment without the prior written consent of the Owner 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 the Owner immediately upon installation;
(fe) keep the Owner fully informed of all material matters relating to the Equipment;
(g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(h) at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location;
(if) 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 the LessorOwner's prior written consent;#
(jg) permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(kh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(li) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(mj) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(nk) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(pl) 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(qm) not use the Equipment for any unlawful purpose;
(rn) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(so) deliver up the Equipment at the end of the Hire Rental Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the EquipmentEquipment which needs to be easily accessed by road, manned at all hours and available during normal business hours of 9am-5pm Monday to Friday; and
(tp) not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title6 (Title, risk and insurance).
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 8.2 The Hirer acknowledges that the Owner 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 Hirer or its officers, employees, agents and contractorscontractors or any third parties, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreement.
6.8 8.3 The Hirer acknowledges that the Owner continuity of this agreement shall be deemed not to be affected by and the Hirer shall not be responsible for entitled to any damage however so caused to the site as a result compensation or damages in respect of any part or all of the equipment Equipment being placed on put out of the site. It is the Hirers responsibility to ensure that the Site is suitable for possession or use of the EquipmentHirer for the purposes of maintenance, this includes ensuring repair or replacement by the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could ariseOwner as aforesaid for a period not exceeding five Business Days excluding transportation time.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Terms and Conditions of Hire
Hirer’s responsibilities.
6.1 The Hirer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and constructed operated in a proper manner in accordance with any operating instructions provided by the Owner which are displayed clearly on the EquipmentNidderdale Cycles;
(b) take such steps (including compliance with all safety and usage instructions provided by the OwnerNidderdale Cycles) 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 up, used, cleaned, maintained or put to use of any kind by any person;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.
(d) 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 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;
(e) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment;
(fd) keep the Owner Nidderdale Cycles fully informed of all material matters relating to the EquipmentEquipment or to the health of anyone using the Equipment which may affect their ability to use the Equipment safely;
(g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(he) at all times keep the Equipment in the possession or control of the Hirer and keep or to secure it using the Owner informed lock to an immovable object if left unattended for any period of its locationtime;
(if) 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 the Lessor's prior written consent;#
(j) permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(k) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(l) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet sale or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(m) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(n) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(pg) 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 Hirer shall notify the Owner Nidderdale Cycles and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner Nidderdale Cycles on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(qh) not use the Equipment for any unlawful purpose;
(ri) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the EquipmentNidderdale Cycles' property;
(sj) deliver up the Equipment at the end of the Hire Rental Period or on earlier termination of this agreement at such address as the Owner Nidderdale Cycles requires, or if necessary allow the Owner Nidderdale Cycles or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the Equipment; and
(t) not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title, risk and insurance).
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 The Hirer acknowledges that the Owner Nidderdale Cycles 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 Hirer or its officers, employees, agents and contractorsHirer, and the Hirer undertakes to indemnify the Owner Nidderdale Cycles 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 Hirer to comply with the terms of this agreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
Appears in 1 contract
Samples: Hire Agreement
Hirer’s responsibilities.
6.1 8.1 The Hirer shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and constructed operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Owner which are displayed clearly on the Equipmentinstructions;
(b) take such steps (including compliance with all safety and usage instructions provided by the Owner) 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 upset, used, cleaned, cleaned or maintained or put to use of any kind by any persona person at work;
(c) ensure compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environment Acts, Factories Acts, Health and Safety at Work etc Act and observance of the Road Traffic Acts should they apply, including the cost or road fund licences and any insurances made necessary. The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Equipment during the Hire Period.
(d) 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 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;
(ed) make no alteration to the Equipment and shall not remove any existing component(s) from the EquipmentEquipment 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 the Owner immediately upon installation;
(fe) keep the Owner fully informed of all material matters relating to the Equipment;
(g) not, without the prior written consent of the Owner, replace or use any parts of the marquee that have not been provided by the Owner;
(h) at all times keep the Equipment in the possession or control of the Hirer and keep the Owner informed of its location;
(if) keep the Equipment at all times at the Site Delivery Address or the address given for the Hirer and shall not move or attempt to move any part of the Equipment to any other location without the LessorOwner's prior written consent;#
(jg) permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(kh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
(li) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(mj) not without the prior written consent of the Owner, 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 Hirer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(nk) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(o) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Owner in the Equipment and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner (or their representatives) 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 the Owner of any rights such person may have or acquire in the Equipment and a right for the Owner to enter onto such land or building to remove the Equipment;
(pl) 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 Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(qm) not use the Equipment for any unlawful purpose;
(rn) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(so) deliver up the Equipment at the end of the Hire Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Site Address or any premises where the Equipment is located for the purpose of removing the Equipment; and
(tp) not do or permit to be done anything which could invalidate the insurances referred to in clause 5(Title7 (Title, risk and insurance).
6.2 The Hirer shall at all reasonable times allow the Owner, his agents or insurers to have access to the Equipment to inspect, test, adjust, repair or replace the same.
6.3 The Hirer is deemed to have knowledge of the Site Address and the Hirer warrants that the condition of the Site Address is suitable for the Equipment.
6.4 The Hirer is responsible for the protection of, and liable for any damage to the Site Address ground including above, surface and underground services and utilities including but not limited to cables, ducts, water pipes and gas lines.
6.5 The Hirer shall not allow any other person to construct the Equipment without the Owner’s written consent.
6.6 The Equipment shall not be moved from the Site Address without prior written permission of the Owner.
6.7 8.2 The Hirer acknowledges that the Owner 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 Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the Owner 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 Hirer to comply with the terms of this agreement.
6.8 The Hirer acknowledges that the Owner shall not be responsible for any damage however so caused to the site as a result of the equipment being placed on the site. It is the Hirers responsibility to ensure that the Site is suitable for use of the Equipment, this includes ensuring the land is flat, there are suitable water entrenchments surrounding the site and that the equipment is protected from any other damage which could arise.
6.9 Upon completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Equipment.
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Samples: Equipment Hire Agreement
