TERMINATION OF HIRE. 9.1 The Owner may at any time and in its unfettered discretion terminate the hire of the Equipment to the Hirer where upon the Hirer shall immediately attend to any of the obligations remaining under this agreement and make the Equipment available for collection. 9.2 The Hirer may terminate the hire of the Equipment by: (a) delivering the Equipment to the Owner at a time acceptable to the Owner during normal working hours; or (b) notifying the Owner that the Equipment is ready for collection The Hirer must obtain an "Off Hire" number, failing which the Hirer will not be deemed to have notified the Owner that the Equipment is ready for collection and the Hire will incur charges until this number has been obtained. 9.3 Subject only to clause 5.5 if the Equipment is returned to or collected by the Owner in a state which is unsatisfactory or in breach of the terms of this agreement then the hire period will be deemed to continue until the Equipment is in a state which is satisfactory to the Owner, or any breach of this agreement has been remedied (whichever is the later). The Owner undertakes to take all reasonable steps to put the Equipment into a satisfactory state as soon as is reasonably possible after the return or collection of the Equipment. 9.4 Upon termination of hire, the Owner is entitled to take possession of the Equipment and for this purpose the Hirer irrevocably appoints the Owner as his agent and authorises and licences the Owner to: (a) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated; (b) disconnect, dismantle and remove the Equipment whether or not it is affixed to the land or the premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner. 9.5 The Hirer releases the Owner from and indemnifies the Owner against any claims arising from removal and collection of the Equipment in accordance with this clause. Should the Equipment contain any property not owned by the Owner, the Owner shall store that property for a period of 14 days from the termination of hire. The Owner may charge the Hirer reasonable storage fees for the storage of that property. Should the property not be collected at the expiration of 14 days after the termination of the hire of the Equipment the Owner may sell the property and the Hirer releases the Owner from and indemnifies the Owner against any claims which any person may have directly or indirectly arising from the sale of the property or whether through negligence, sale at under value, sale of property owned by a third party or howsoever. 9.6 After termination of hire, and until the Equipment has been collected by the Owner, the Equipment shall remain at the sole risk of the Hirer, and the Hirer will indemnify the Owner in respect of any loss of or damage to the Equipment those circumstances and where an off hire number has been obtained but the Owner has not collected the Equipment. 9.7 If the hire is prematurely terminated, the Owner may apply hiring charges from the day the Equipment is prematurely off hired until the end of the hire term as indicated in the Hire Schedule.
Appears in 3 contracts
Samples: Master Equipment Hire Agreement, Master Equipment Hire Agreement, Terms & Conditions of Hire
TERMINATION OF HIRE. 9.1 (a) The Owner may at any time and in its unfettered discretion terminate the hire of the Equipment a Hire to the Hirer where upon whereupon the Hirer shall must immediately attend to any of the obligations remaining under this agreement and make the Equipment available for collection.
9.2 (b) The Hirer may terminate the hire of the Equipment by:
(ai) delivering the Equipment to the Owner at a time acceptable to the Owner during normal working hoursworkinghours; or
(bii) notifying the Owner that the Equipment is ready for collection collection. The Hirer must obtain an "Off Hire" number, failing which the Hirer will not be deemed to have notified the Owner that the Equipment is ready for collection and the Hire will incur charges until this number thisnumber has been obtained.
9.3 (c) Subject only to clause 5.5 5(e), if the Equipment is returned to or collected by the Owner in a state which is unsatisfactory or in breach of the terms of this agreement then the hire period Hire Period will be deemed to continue until the Equipment is in a state which is satisfactory to the Owner, or any breach of this agreement has been remedied (whichever is the later). The Owner undertakes to take all reasonable steps to put the Equipment into a satisfactory state as soon as is reasonably possible after the return or collection of the Equipment.
9.4 (d) Upon termination of hirea Hire, the Owner is entitled to take possession of the Equipment and for this purpose the Hirer theHirer irrevocably appoints the Owner as his agent and authorises and licences the Owner to:
(ai) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated;; and
(bii) disconnect, dismantle and remove the Equipment whether or not it is affixed to the land or the premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other anyother person or containing property not owned by the Owner.
9.5 (e) The Hirer releases the Owner from and indemnifies the Owner against any claims arising from removal and collection of the Equipment in accordance with this clause. Should the Equipment contain any property not owned by the Owner, the Owner shall store that property for a period of 14 days from the termination of hireHire. The Owner may charge the Hirer reasonable storage fees for the storage of that property. Should the property not be collected at the expiration of 14 days after the termination of the hire of the Equipment Hire the Owner may sell the property and the Hirer releases the Owner from and indemnifies the Owner against any claims which any person may have directly or indirectly arising from the sale of the property or whether through negligence, sale at under value, sale of property owned by a third party or howsoever.
9.6 (f) After termination of hireHire, and until the Equipment has been collected by the Owner, the Equipment shall remain at the sole risk of the Hirer, and the Hirer will indemnify the Owner in respect of any loss of or damage to the Equipment those circumstances and where an off hire number has been obtained but the Owner has not collected the Equipment.
9.7 (g) If the hire Hire is prematurely terminated, the Owner may apply hiring charges Hire Charges from the day the Equipment is prematurely isprematurely off hired until the end of the hire term as indicated Hire Period stated in the Hire Schedule.
Appears in 1 contract
Samples: Master Equipment Hire Agreement
TERMINATION OF HIRE. 9.1 The Owner may at any time and in its unfettered discretion terminate the hire of the Equipment to the Hirer where upon the Hirer shall immediately attend to any of the obligations remaining under this agreement Agreement and make the Equipment available for collection.
9.2 The Hirer may terminate the hire of the Equipment by:
(a) delivering the Equipment to the Owner at a time acceptable to the Owner during normal working hours; or
(b) notifying the Owner that the Equipment is ready for collection The collection.
9.3 When the Hirer, wants to Off Hire Equipment, the Hirer must obtain an "Off Hire" number, failing which the Hirer will not be deemed to have notified the Owner that the Equipment is ready for collection and the Hire will incur charges until this number has been obtained.
9.3 9.4 Subject only to clause 5.5 if the Equipment is returned to or collected by the Owner in a state which is unsatisfactory the Owner (acting reasonably) deems unsatisfactory, or in breach of the terms of this agreement Agreement, then the hire period will be deemed to continue until the Equipment is in a state which is satisfactory to the Owner, or any breach of this agreement Agreement has been remedied (whichever is the later). The Owner undertakes to take all reasonable steps to put the Equipment into a satisfactory state as soon as is reasonably possible after the return or collection of the Equipment.
9.4 9.5 Upon termination of hire, the Owner is entitled to take possession of the Equipment and for this purpose the Hirer irrevocably appoints the Owner as his agent and authorises and licences the Owner to:
(a) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated;
(b) disconnect, dismantle and remove the Equipment whether or not it is affixed to the land or the premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner.
9.5 9.6 The Hirer releases the Owner from and indemnifies the Owner against any claims arising from removal and collection of the Equipment in accordance with this clause. Should the Equipment contain any property not owned by the Owner, the Owner shall store that property for a period of 14 days from the termination of hire. The Owner may charge the Hirer reasonable storage fees for the storage of that property. Should the property not be collected at the expiration of 14 days after the termination of the hire of the Equipment the Owner may sell the property and the Hirer releases the Owner from and indemnifies the Owner against any claims which any person may have directly or indirectly arising from the sale of the property or whether through negligence, sale at under value, sale of property owned by a third party or howsoever.
9.6 9.7 After termination of hire, and until the Equipment has been collected by the Owner, the Equipment shall remain at the sole risk of the Hirer, and the Hirer will indemnify the Owner in respect of any loss of or damage to the Equipment those circumstances and where an off hire Off Hire number has been obtained but the Owner has not collected the Equipment.
9.7 9.8 If the hire is prematurely terminated, the Owner may apply hiring charges from the day the Equipment is prematurely off hired Off Hired until the end of the hire term as indicated in the Hire Schedule.
Appears in 1 contract
Samples: Dry Hire Agreement
TERMINATION OF HIRE. 9.1 The Owner a) We may at any time and in its unfettered Our sole discretion immediately terminate the hire of the Equipment to the Hirer where upon the Hirer Hire Period either verbally or in writing whereupon You shall immediately attend to any of the obligations remaining under this agreement and make the Equipment available to Us for collection.
9.2 The Hirer b) You may terminate the Hire Period by:
i) Delivering the Equipment during normal working hours to Our Branch from which the hire originated.
ii) Notifying Us that the Equipment is available for collection, provided that You keep the Equipment safe and secure until collection by Us, and You must pay the charges on the Invoice for transportation of the Equipment by:
(a) delivering the Equipment back to the Owner at a time acceptable to the Owner during normal working hours; or
(b) Our branch. When notifying the Owner Us that the Equipment is ready for collection The Hirer You must obtain an "Off Hire" “off hire” number, failing which You will be taken not to have notified Us that the Hirer Equipment was ready for collection, Hire Charges will not continue to accrue (until either We do in fact provide You with an “off hire number” or pick up the Equipment, whichever is the earlier) and you will be liable to pay these charges.
c) Subject only to Clause 11(e) of these conditions, if at the time of return by You or collection by Us the Equipment is in an unsatisfactory state in breach of these conditions, the Hire Period shall be deemed to have notified continue, and Hire Charges at the Owner that the Equipment is ready for collection and the Hire will incur charges until this number has been obtained.
9.3 Subject only to clause 5.5 if the Equipment is returned to or collected by the Owner in a state which is unsatisfactory or in breach of the terms of this agreement then the hire period pre-existing rate will be deemed charged to continue You, until the Equipment is in a state which that is reasonably satisfactory to the Owner, or any breach of this agreement has been remedied (whichever is the later)Us. The Owner undertakes to We will at Your expense take all reasonable steps to put the Equipment into a satisfactory state as soon as is reasonably possible practicable after the return or collection of the Equipmentcollection.
9.4 d) Upon termination of hire, the Owner is entitled to Hire Period We may take possession of the Equipment and for this purpose the Hirer You irrevocably appoints the Owner appoint Us as his Your agent and authorises and licences the Owner to:
(a) authorise Us to enter upon any land or premises upon which where the Equipment is situated or where the Owner has We have any reason to believe that the Equipment may be situated;
(b) situated and to disconnect, dismantle and remove the Equipment whether or not it is affixed to the land or the premises, connected to property or equipment Equipment not owned by the OwnerUs, in use by the Hirer You or any other person or containing property not owned by the Owner.
9.5 The Hirer releases the Owner from and indemnifies the Owner against any claims arising from removal and collection of Us. If the Equipment in accordance with this clause. Should the Equipment contain contains any property not owned by the OwnerUs, the Owner We shall store that property for a period of 14 days from the termination of hire. The Owner may charge the Hirer Hire Period and You will be liable for reasonable storage fees for the storage of that propertyfees. Should If the property is not be collected at the expiration expiry of 14 days after the termination of the hire of the Equipment the Owner may Hire Period, You irrevocably appoint Us Your agent and authorise Us to sell the property and the Hirer releases the Owner from and indemnifies the Owner against any claims which any person may have directly or indirectly arising from the sale of the property or whether through negligence, sale at under value, sale of property owned by a third party or howsoeverif We wish.
9.6 After termination of hire, and until the Equipment has been collected by the Owner, the Equipment shall remain at the sole risk of the Hirer, and the Hirer will indemnify the Owner in respect of any loss of or damage to the Equipment those circumstances and where an off hire number has been obtained but the Owner has not collected the Equipment.
9.7 If the hire is prematurely terminated, the Owner may apply hiring charges from the day the Equipment is prematurely off hired until the end of the hire term as indicated in the Hire Schedule.
Appears in 1 contract
Samples: Hire Agreement
TERMINATION OF HIRE. 9.1 (a) The Owner may at any time and in its unfettered discretion terminate the hire of the Equipment a Hire to the Hirer where upon whereupon the Hirer shall must immediately attend to any of the obligations remaining under this agreement and make the Equipment available for collection.
9.2 (b) The Hirer may terminate the hire of the Equipment by:
(ai) delivering the Equipment to the Owner at a time acceptable to the Owner during normal working hoursworkinghours; or
(bii) notifying the Owner that the Equipment is ready for collection collection. The Hirer must obtain an "Off Hire" number, failing which the Hirer will not be deemed to have notified the Owner that the Equipment is ready for collection and the Hire will incur charges until this number thisnumber has been obtained.
9.3 (c) Subject only to clause 5.5 5(e), if the Equipment is returned to or collected by the Owner in a state which is unsatisfactory or in breach of the terms of this agreement then the hire period Hire Period will be deemed to continue until the Equipment is in a state which is satisfactory to the Owner, or any breach of this agreement has been remedied (whichever is the later). The Owner undertakes to take all reasonable steps to put the Equipment into a satisfactory state as soon as is reasonably possible after the return or collection of the Equipment.
9.4 (d) Upon termination of hirea Hire, the Owner is entitled to take possession of the Equipment and for this purpose the Hirer theHirer irrevocably appoints the Owner as his agent and authorises and licences the Owner to:
(ai) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated;; and
(bii) disconnect, dismantle and remove the Equipment whether or not it is affixed to the land or the premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner.
9.5 (e) The Hirer releases the Owner from and indemnifies the Owner against any claims arising from removal and collection of the Equipment in accordance with this clause. Should the Equipment contain any property not owned by the Owner, the Owner shall store that property for a period of 14 days from the termination of hireHire. The Owner may charge the Hirer reasonable storage fees for the storage of that property. Should the property not be collected at the expiration of 14 days after the termination of the hire of the Equipment Hire the Owner may sell the property and the Hirer releases the Owner from and indemnifies the Owner against any claims which any person may have directly or indirectly arising from the sale of the property or whether through negligence, sale at under value, sale of property owned by a third party or howsoever.
9.6 (f) After termination of hireHire, and until the Equipment has been collected by the Owner, the Equipment shall remain at the sole risk of the Hirer, and the Hirer will indemnify the Owner in respect of any loss of or damage to the Equipment those circumstances and where an off hire Off Hire number has been obtained but the Owner has not collected the Equipment.
9.7 (g) If the hire Hire is prematurely terminated, the Owner may apply hiring charges Hire Charges from the day the Equipment is prematurely off hired isprematurely Off Hired until the end of the hire term as indicated Hire Period stated in the Hire Schedule.
Appears in 1 contract
Samples: Master Equipment Hire Agreement
TERMINATION OF HIRE. 9.1 13.1 The Owner may at any time and in its unfettered discretion terminate the hire of the Equipment to the Hirer where upon whereupon the Hirer shall immediately attend to any of the obligations remaining under this agreement and make the Equipment available for collection.
9.2 13.2 The Hirer may terminate the hire of the Equipment by:
(a) delivering the Equipment to the Owner at a time acceptable to the Owner during normal working hours; or
(b) notifying the Owner that the Equipment is ready for collection The collection, provided that the Hirer keeps the Equipment safe and secure until collection. When notifying the Owner that the Equipment is ready for collection, the Hirer must obtain an "Off Hire" “off hire” number, failing which the Hirer will not be deemed to have notified the Owner that the Equipment is ready for collection and the Hire will incur charges until this number has been obtainedcollection.
9.3 Subject only to clause 5.5 if 13.3 If the Equipment is returned retuned to or collected by the Owner in a state which is unsatisfactory or in breach of the terms of this agreement Terms then the hire period will be deemed to continue until the Equipment is in a state which is satisfactory to the Owner, or any breach of this agreement has been remedied (whichever is the later). The Owner undertakes to take all reasonable steps to put the Equipment into a satisfactory state as soon as is reasonably possible after the return or collection of the Equipment.
9.4 13.4 Upon termination of hire, the Owner is entitled to take possession of the Equipment and for this purpose the Hirer irrevocably appoints the Owner as his agent and authorises authorizes and licences the Owner to:
(a) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated;
(b) disconnect, dismantle and remove the Equipment whether or not it is affixed to the land or the premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner.
9.5 13.5 The Hirer releases the Owner from and indemnifies the Owner against any claims arising from removal and collection of the Equipment in accordance with this the clause. Should the Equipment contain any property not owned by the Owner, the Owner shall store that property for a period of 14 days from the termination of hire. The Owner may charge the Hirer reasonable storage fees for the storage of that property. Should the property not be collected at the expiration expiry of 14 days after the termination of the hire of the Equipment the Owner may sell the property property, and the Hirer releases the Owner from and indemnifies the Owner against any claims which any person may have directly or indirectly arising from the sale of the property or whether through negligence, sale at under value, sale of property owned by a third party or howsoever.
9.6 13.6 After termination of hire, and until the Equipment has been collected by the Owner, the Equipment shall remain at the sole risk of the Hirer, and the Hirer will indemnify the Owner in respect of any loss of or damage to the Equipment in those circumstances and where an off hire number has been obtained but the Owner has not collected the Equipment.
9.7 If the hire is prematurely terminated, the Owner may apply hiring charges from the day the Equipment is prematurely off hired until the end of the hire term as indicated in the Hire Schedule.
Appears in 1 contract