Wet Hire. 31.1 In the event that the hire includes the hire of an operator to operate the Equipment, the Client acknowledges that:
(a) the operator who shall at all times remain an employee of Proquip;
(b) the operator will be under the Client’s direction and control and will comply with all reasonable and lawful directions of the Client;
(c) Proquip will not seek to direct or supervise any of the work being undertaken by the operator;
(d) Proquip will not be liable for any acts or omissions of the operator provided that the operator is acting under the Client’s direction and control; and
(e) the Client must not allow any other person to operate the Equipment without Proquip’s prior consent.
Wet Hire. 4.1 In the event of Wet Hire of the Equipment:
a. the Operator shall operate the Equipment in accordance with the Hirer’s lawful direction and
b. the Hirer shall provide amenities and first aid services to EMJC’s Operator of the Equipment in compliance with all relevant Health & Safety legislation;
c. subject to any applicable workplace, safety or other relevant laws, the fees applicable for the hire of an Operator shall be based on signed timesheets but will be no less than a minimum working day of ten (10) hours per day, allowing a thirty (30) minute unpaid lunch break. Additional charges
d. it is the Hirer’s responsibility to ensure that any required safety courses, medicals and inductions are attended or completed by the Operator of the Equipment and the Hirer agrees and acknowledges that any time taken to attend or complete such course shall be charged as per the normal Hire Fee rates;
e. EMJC and the Operator shall not be required to comply with any direction or instruction from the Hirer if it is unsafe, unlawful or unreasonable to do so.
Wet Hire. In relation to Wet Hire, General Crane Services is responsible for and must complete daily maintenance and servicing of the Plant and Equipment in accordance with Manufacturer maintenance manuals including to clean, maintain, lubricate and fuel the Plant and Equipment to the standard and level specified in the manual or as otherwise specified by General Crane Services and record such checks in the log book provided.
Wet Hire. Without prejudice to the generality of the Supplier’s statutory obligations under the relevant Health & Safety legislation, the Supplier shall complete a written risk assessment and shall provide the same to the BBC not less than a week before the Supplier commences performance of the services, or within such shorter period as may be agreed by the BBC.
Wet Hire. 30.1 In the event of “wet” hire of the Equipment the operator of the Equipment remains an employee of the Supplier and operates the Equipment in accordance with the Client’s instructions. As such the Supplier shall not be liable for any actions of the operator in following the Client’s instructions.
Wet Hire. 15.1 In the event of Wet Hire of the Equipment:
(a) the Supplier’s Personnel shall operate the Equipment in accordance with the Client’s instructions;
(b) The Client must consult with and fully instruct the Supplier’s Personnel on the proposed task, the site, and matters affecting the health and safety of the Supplier’s Personnel. The Supplier’s Personnel may request a lift study before commencing work and are entitled to refuse directions from the Client if they reasonably believe that such directions may adversely affect the Equipment, the Supplier’s Personnel, the Client’s personnel, the public, or property;
(c) The Client shall not permit any person other than the Supplier’s Personnel to operate the Equipment without the written consent of the Supplier;
(d) The Supplier must ensure that the Equipment is operated by the Supplier’s Personnel who are appropriately qualified, skilled and experienced personnel, and in a manner which complies with all laws and legislative requirements;
(e) The Supplier must do all things reasonably practicable to ensure that the Supplier’s Personnel: (i) Review operating manuals and take steps to be familiar with the safe operation of the Equipment;
Wet Hire. 15.1 Unless otherwise agreed to in writing between the parties, HMC Group Solutions shall not be deemed the principal contractor and shall not be obligated to maintain any contract works insurance cover or be responsible with regard to any work cover requirements (including, but not limited to, compliancy under any relevant legislation or policy, etc.).
15.2 The Client shall:
(a) be responsible for ensuring that HMC Group Solutions is notified of the location of any underground services on the Site; and
(b) provide amenities and first aid services to HMC Group Solutions’s employees in compliance with all applicable work health and safety legislation in operation in the state where the services are undertaken; and
(c) should it be necessary for the Equipment to be towed in, or out of the Site, then the Client shall be responsible for all damage and/or salvage costs involving the Equipment, and said costs shall be in addition to the Charges and either:
(i) charged to the Client’s account, plus a margin of ten percent (10%); or
(ii) payable direct to the salvage company by the Client. Terms of Hire - V1.0 03/2022 HMC Group Solutions Pty Ltd | 20624155086
(d) provide adequate security for any Equipment left at the Site overnight or during periods when the Site is left unattended, unless it has been otherwise agreed in writing that HMC Group Solutions arrange such security on the Client’s behalf.
15.3 HMC Group Solutions reserves the right not to enter the Site if HMC Group Solutions believes it unsafe, and the Client shall remain liable for the Charges payable until the issue is resolved.
15.4 Notwithstanding that the operator of the Equipment shall at all times remain an employee or representative of HMC Group Solutions and the operator shall operate the Equipment in accordance with the instructions of the Client, and accordingly, the Client shall be liable for all responsibility and costs incurred as a result of the actions of the operator whilst following the Client’s instructions.
15.5 In the event the Client requires an employee of HMC Group Solutions to undertake a recognised safety course or medical examination during working hours, the Client will be liable to pay the hourly hire Charges for that period, notwithstanding that the Equipment is not being operated during such time. If any course is undertaken outside of the Term then the Client shall be liable to pay HMC Group Solutions’s standard (and/or overtime, if applicable) hourly labour rate.
Wet Hire. 22.1 Notwithstanding that the operator of the Equipment is an employee or representative of the Supplier (“Personnel”), the Personnel shall operate the Equipment in accordance with the instructions of the Customer, and accordingly, the Customer shall be liable for all responsibility and costs incurred as a result of the actions of the operator whilst following the Customer’s instructions.
22.2 The Customer shall be responsible for:
(a) ensuring the Supplier has clear and free access and egress to the nominated worksite (including all necessary arrangements where any access is required through private property, and that a maximum clearance of three and a half metres (3.5m) is allowed in respect of overhead obstacles, tress or power lines), and in particular that the ground at the worksite is firm and stable (with adequate compaction to support the Equipment under its wheels, tracks or outriggers, including ensuring any footpaths, curbs and channels are suitably planked), and that the worksite does not have excessive slope. The Supplier reserves the right not to enter the worksite if the Supplier believes it unsafe, and the Customer shall remain liable for the costs payable until the issue is resolved; and
(b) ensuring that adequate lighting is provided during the provision of the Works, and that the Supplier is notified of the location of any underground services on the worksite;
(c) all damage and/or salvage costs involving the Equipment (and said costs shall be in addition to the Price) should it be necessary for the Equipment to be towed in, or out of the worksite;
(d) provide adequate security for any Equipment left at the worksite overnight or during periods when the worksite is left unattended, unless it has been otherwise agreed in writing that the Supplier arrange such security on the Customer’s behalf.
Wet Hire. 3.1 If A1 is providing Wet Hire services to the Client under the Agreement, this clause 3 shall apply.
3.2 Subject to these Terms and Conditions, the Client will hire the Equipment for the Hire Period only.
3.3 The Client agrees that during the Hire Period the Client will:
3.3.1 comply with all relevant Laws relating to the operation of the Equipment, including obtaining any necessary permits or consents required;
3.3.2 not modify, permit the modification of, conceal, alter, make any addition or alteration to, tamper with, interfere with, repair or attempt to repair any Equipment;
3.3.3 take all steps to secure and protect the Equipment including from damage, vandalism and theft;
3.3.4 not part with possession of the Equipment;
3.3.5 be responsible for all damage or loss to the Equipment caused by accident, theft, malicious damage, or any unlawful act that occurs throughout the Hire Period;
3.3.6 in the case of bad weather, provide suitable protection of the Equipment;
3.3.7 not permit any person other than the Operator to use or operate the Equipment.
3.4 At the end of the Hire Period, the Client must make available for A1’s collection or deliver up to A1 the Equipment.
3.5 In the event that the Equipment is lost, stolen, damaged, or vandalised during the Hire Period, the Client will be liable to A1 and will indemnify A1 for the full cost of replacing any lost or stolen Equipment, the repair of any damaged or vandalised Equipment, and the replacement of any Equipment that in the sole discretion of A1 is damaged or vandalised beyond repair.
3.6 In the event that the Equipment is not available for collection by A1 within 7 days of the expiry of the Hire Period then the Equipment will be deemed to have been lost, stolen, damaged, or vandalised, and the Client will be liable to A1 to pay the full amount of replacing the Equipment at retail value within 14 days of the expiry of the Hire Period.
Wet Hire. If this Agreement provides for the wet hire of Equipment, although the operator of the Equipment remains an employee of the Owner, the operator operates the Equipment in accordance with the sole instructions of the Customer and at the Customer’s sole risk. The Owner will not be liable for any acts or omissions of the Operator where the Operator is acting under the Customer’s direction and control in relation to the Equipment.
