YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing. 8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. Subject to clauses 16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose. 8.3 You must: (a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions; (b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk work; (c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer; (d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol; (e) conduct a job safety analysis prior to using the Equipment; (f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and (g) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment. 8.4 You must: (a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost; (b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent; (c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment; (d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and (e) arrange for the emptying of any waste tanks and water carts. 8.5 At all times during the Hire Period, You must store the Equipment safely and securely. 8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period. 8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling. 8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent. 8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld. 8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment. 8.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment. 8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing. 8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”): (a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions; (b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator; (c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and (d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 3 contracts
Samples: Hire Agreement, Client Agreement, Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. Subject to clauses 16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 You must:
(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
; (e) conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(ge) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 You must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost;
(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;; and
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.;
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 8.10 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You you must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 8.11 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a8.11(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 2 contracts
Samples: Hire Agreement, Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and You must not allow allow, nor authorise authorise, any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. Subject to clauses 16.2 15.2 and 16.315.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 You must:
(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operating or erecting installing the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(g) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 You must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost;; [applicable?]
(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;; and
(d) not remove fuel or oil tank capsrefrigeration fittings, bund plugs or seals electrical parts from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.chiller;
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 8.9 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You you must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 8.10 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 2 contracts
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and so You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of accepting the Equipment, You have satisfied Yourself as to the suitability suitability, condition and condition fitness for purpose of the Equipment and You will ensure that the Equipment is used only for the purpose for which job You intend to use it was designed by the manufacturerfor. Subject to clauses 16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 To help You stay safe during the Hire Period, You and Your employees, agents and contractors must:
(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s 's instructions;
(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence Licence to perform high risk workPerform High Risk Work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(g) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 It is important to take care of the Equipment during the Hire Period. You must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s 's and Our instructions at Your own cost;
(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;; and
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must store the Equipment ABN 95 091 411 031 safely and securelysecurely and protected from theft, seizure, loss9. REMEMBER, WE OWN THE EQUIPMENT or damage.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may applyPeriod. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s 's guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 8.1. This Hire Agreement is personal to You toyou and You soyou must not allow nor authorise norauthorise any other person or entity to use, re-hire or have orhave possession of the Equipment ofthe equipment at any timeanytime, unless expressly agreed by Us in writingus inwriting.
8.2 8.2. You agree that before taking delivery of accepting the Equipmentequipment, You you have satisfied Yourself yourself as to the suitability tothe suitability, condition and condition of the Equipment and You will ensure that the Equipment is used only fitness for purpose ofthe equipment for the purpose for which job you intend to use it was designed by the manufacturerfor. Subject to clauses toclauses 16.2 and 16.3, We we make no representations Representations and give no guarantee or warranty noguarantee orwarranty that the Equipment equipment is suitable for Your your intended purpose.
8.3 8.3. To help you stay safe during the Hire Period, You and Your employees, agents and contractors must:
(a) operate Operate the Equipment equipment safely, strictly in accordance inaccordance with all laws, only for its intended use and in accordance inaccordance with the manufacturer’s 's instructions;
(b) ensure Ensure persons operating or erecting orerecting the Equipment equipment are suitably trained on its safe and proper use, qualified to use the Equipment equipment and where necessary, hold a current licence acurrent Licence to perform high risk workPerform High Risk Work;
(c) wear suitable Wearsuitable clothing and protective equipment when operating the Equipment equipment as required or recommended orrecommended by Us or the us orthe manufacturer;
(d) ensure Ensure that no persons operating the Equipment equipment are under the influence of drugs or alcoholofdrugs oralcohol;
(e) conduct a job Conduct ajob safety analysis prior to using the Equipmentequipment;
(f) ensure Ensure that no persons carry illegal, prohibited or dangerous ordangerous substances in or on the Equipment; andinoronthe equipment;
(g) display all safety Display allsafety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators byoperators of the Equipmentequipment.
8.4 8.4. It is important totake care of the equipment during the Hire Period. You must:
(a) cleanClean, fuel, lubricate and keep the Equipment in good equipment ingood condition and in accordance inaccordance with the manufacturer’s manufacturers and Our our instructions at Your your own cost;.
(b) not in any Not inany way alter, modify, tamper modify ortamper with, damage or repair the Equipment equipment without Our our prior written consent;
(c) not Not deface, remove, vary or erase orerase any identifying marks, plate, number, notices or safety orsafety information, on the Equipment;
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water cartsonthe equipment.
8.5 8.5. At all times during the Hire Period, You must store the Equipment equipment safely and securelysecurely and protected from theft, seizure, loss ordamage.
8.6 8.6. You will allow Us to enter Your ustoenter your premises and inspect and maintain the Equipment from time to time totime during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may applyPeriod. You can also request to conduct toconduct a joint inspection of the Equipment equipment with Us at the us atthe end of the ofthe Hire Period.
8.7 8.7. Whenever You you are moving the Equipmentequipment, You you must ensure the safe loading, securing and transporting of all Equipment andtransporting ofall equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You you engage) must observe any safety directions advised by Us us and/or the manufacturer of the Equipment to ensure ofthe equipment toensure its safe loading and handling.
8.8 8.8. You must not remove the Equipment equipment from the State or Territory in which You inwhich you hired it without Our written itwithout ourwritten consent.
8.9 8.9. You must not use the Equipment equipment off-shore, in a mineinamine, in an area where inan areawhere friable asbestos is present, or move ormove the Equipment over water equipment overwater without Our our prior written consent, which may be reasonably withheld.
8.10 You warrant 8.10. Youwarrant that You you will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipmentequipment.
8.11 8.11. You must use best endeavours to ensure toensure that the Equipment equipment is not contaminated with any hazardous substances (including asbestosAsbestos). Subject to clause toclause 8.9, You you must advise Us of any us ofany risks of hazardous ofhazardous substance contamination to the Equipment tothe equipment as soon as they asthey become apparent. Where Equipment equipment may have been subjected to contaminationtocontamination, You you must effectively decontaminate the Equipmentequipment, as well as provide Us us with written details of decontamination ofdecontamination processes applied. If, in Our inour opinion acting reasonably, the Equipment is equipment has not been properly decontaminated orisnot capable of being ofbeing decontaminated, You you will be charged for the forthe new replacement cost of the Equipmentofthe equipment.
8.12 8.12. Any electrical Equipment equipment provided by Us will be tested uswill betested and tagged before it is hired to Youtoyou, but during the Hire Period, You you are responsible for arranging the re-testing and re-tagging of any ofany electrical Equipment in accordance with the equipment inaccordance withthe manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your your cost. We are able to arrange abletoarrange for such re-testing and re-tagging of the ofthe electrical Equipment at Your equipment atyour cost. Except where We arrange wearrange for re-testing and re-tagging of the ofthe electrical Equipmentequipment, You will be liable for any damage caused to the Equipment tothe equipment resulting from incorrect testingtesting arranged byyou will be at your cost.
8.13 8.13. If, at Your your request, We we supply an operator to operate the Equipment equipment (“"Operator”):")
(a) the Operator The operator will be under Your your direction and control during the Hire Period and will comply with Your your reasonable directions;
(b) We will not, while the Operator is working operator isworking under Your your direction and control in accordance inaccordance with clause 8.13(a), seek to direct todirect or supervise any of the ofthe work undertaken by Operatorbyoperator;
(c) We will Wewill not be liable to You toyou for any acts or omissions of the Operator oromissions ofthe operator where they are acting areacting under your direction yourdirection and control during the Hire Period; and
(d) You will not allow any other person to operate tooperate the Equipment equipment without Our our prior written consent.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire re‐hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. Subject to clauses clauses
16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 You must:
(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence license to perform high risk work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(g) display all safety signs and instructions (as required by law), ) and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 You must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost;
(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shoreoff‐shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 You must use best endeavours endeavors to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing re‐testing and re-re‐ tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing re‐testing and re-tagging re‐tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing re‐testing and re-tagging re‐tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You you and You so you must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment equipment at any time, unless expressly agreed by Us us in writing.
8.2 You agree that before taking delivery of accepting the Equipmentequipment, You you have satisfied Yourself yourself as to the suitability suitability, condition and condition fitness for purpose of the Equipment and You will ensure that the Equipment is used only equipment for the purpose for which job you intend to use it was designed by the manufacturerfor. Subject to clauses 16.2 and 16.3, We we make no representations Representations and give no guarantee or warranty that the Equipment equipment is suitable for Your your intended purpose.
8.3 To help you stay safe during the Hire Period, You and Your employees, agents and contractors must:
(a) operate Operate the Equipment equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s 's instructions;
(b) ensure Ensure persons operating or erecting the Equipment equipment are suitably trained on its safe and proper use, qualified to use the Equipment equipment and where necessary, hold a current licence Licence to perform high risk workPerform High Risk Work;
(c) wear Wear suitable clothing and protective equipment when operating the Equipment equipment as required or recommended by Us us or the manufacturer;
(d) ensure Ensure that no persons operating the Equipment equipment are under the influence of drugs or alcohol;
(e) conduct Conduct a job safety analysis prior to using the Equipmentequipment;
(f) ensure Ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; andequipment;
(g) display Display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipmentequipment.
8.4 It is important to take care of the equipment during the Hire Period. You must:
(a) cleanClean, fuel, lubricate and keep the Equipment equipment in good condition and in accordance with the manufacturer’s manufacturers and Our our instructions at Your your own cost;.
(b) not Not in any way alter, modify, modify or tamper with, damage or repair the Equipment equipment without Our our prior written consent;
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. Subject to clauses 16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 You must:
(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(g) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 You must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost;
(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;; and
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and;
(e) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You you must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and so You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of accepting the Equipment, You You:
(a) have satisfied Yourself as to the suitability suitability, condition and condition fitness for purpose of the Equipment for the job You intend to use if for;
(b) You are aware of the design and You will ensure that performance specifications of the Equipment is used only for prior to entering into the purpose for which it was designed by Agreement; and
(c) You have had the manufactureropportunity to inspect the Equipment prior to entering into the Agreement. Subject to clauses 16.2 14.2 and 16.314.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purposepurposes.
8.3 To help You stay safe during the Hire Period, You and Your employees, agents and contractors must:
(a) set up and operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk workEquipment;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(ge) display all safety signs and instructions (as required by law), ) and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 It is important to take care of the Equipment during the Hire Period. You must:
(a) clean, fuel, lubricate maintain and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost;
(b) not in any way alter, modify, remove parts from, tamper with, damage or repair the Equipment without Our prior written consent;; and
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must must:
(a) store the Equipment safely and securelysecurely and protected from theft, seizure, loss or damage;
(b) insure the Equipment against theft or loss.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain and carry out Our PMP as we deem necessary on the Equipment during normal working hours, then additional charges may applyEquipment. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You you must ensure the safe loading, securing securing, and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You you engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You you must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment has not been properly decontaminated or is not capable of being decontaminated, You you will be charged for the new replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us 8.9 Where required, you will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing).
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal to You and You must not allow nor or authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of the Equipment, You have are satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturerEquipment. Subject to clauses 16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 If You find the Equipment is broken, damaged and/or defective, You must notify Us within 24 hours after You collect or receive the Equipment. If You do not notify Us within this time period, the Equipment You collected or received will be deemed to have been in good order and condition on collection or delivery (as applicable).
8.4 Without limiting Your obligations at clause 8.3, if we deliver Equipment to You in circumstances where no individual is present to accept the Equipment (Out of Hours Delivery) this will be noted on the Hire Form in the Special Conditions. In those circumstances You are required to inspect the Equipment on Your arrival to the site and provide written confirmation that the Equipment included in the Hire form has been received by 12:00pm on the day of delivery.
8.5 You must:
(a) operate ensure that the Equipment safely, strictly in accordance with all laws, is used only for its intended use the purpose for which it was designed by the manufacturer and in accordance with the manufacturer’s 's instructions;
(b) operate the Equipment safely and strictly in accordance with all applicable laws and ensure the Equipment is stored safely and securely at all times;
(c) ensure persons operating or erecting the Equipment Equipment: (i) are suitably trained on its safe and proper use, ; (ii) are appropriately qualified to use the Equipment and where necessarynecessary or applicable, hold a current licence and/or Licence to perform high risk work;
Perform High Risk Work (cas required by law) to operate the Equipment; (iii) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
; (div) ensure that no persons operating the Equipment are not under the influence of drugs or alcoholalcohol and do not carry illegal, prohibited or dangerous substances while in, on or around the Equipment;
(ed) to the extent required or recommended by Us, the manufacturer or applicable workplace, health and safety laws, conduct a job safety analysis prior to using the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(ge) display all safety signs and instructions (as required by law), ) and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 You must:;
(af) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s 's and Our instructions at Your own cost;
(bg) not arrange for the emptying of any waste tanks and water carts as required in accordance with the manufacturer’s instructions and prior to returning the Equipment to Us; and
(h) ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines.
8.6 You must not:
(a) in any way alter, modify, tamper with, damage or repair (or attempt to repair) the Equipment without Our prior written consent;
(cb) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
(dc) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and;
(ed) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 You must not remove the Equipment from the State or Territory in which You hired it without Our prior written consent.;
8.9 You must not (e) use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent;
8.7 You must allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during ordinary business hours. If We cannot inspect or maintain the Equipment during ordinary business hours, which then additional charges may be reasonably withheld.apply.
8.10 8.8 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the Your use of the Equipment.
8.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.Equipment.
Appears in 1 contract
Samples: Hire Agreement
YOUR OBLIGATIONS TO US. 8.1 This Hire Agreement is personal exclusive to You and so You must not allow nor authorise authorize any other person or entity to use, re-re- hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of by accepting the Equipment, You have satisfied Yourself made certain as to the suitability suitability, condition and condition correctness for the purpose of the Equipment and You will ensure that the Equipment is used only for the purpose for which job You intend to use it was designed by the manufacturerfor. Subject to clauses 16.2 and 16.3, We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 To help ensure the system runs as designed during the Hire Period, You mustand Your employees, agents and contractors must not relocate or lower the system. The Jobcam Systems can only be moved or adjusted by authorized Jobcam technicians.
8.4 It is important You take care of the Equipment during the Hire Period. Its advised you:
(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using keep the Equipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(g) display all safety signs and instructions (as required by law)at Your own cost, and ensure that all instructions and signs are observed by operators of the Equipment.
8.4 You must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance line with the manufacturer’s and Our instructions at Your own cost;and manufacturers recommendations.
(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;; and
(c) not deface, remove, vary vary, or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and
(e) arrange for the emptying of any waste tanks and water carts.
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 With adequate notice You will allow Us to enter Your premises site and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may applyPeriod. You can also request to conduct a joint inspection with us of the Equipment with Us at the end of the Hire Period.
8.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.8 8.6 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.11 8.7 You must use best endeavours endeavors to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination exposure to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You you must effectively decontaminate the Equipment, as well as provide Us with written details of the decontamination processes appliedprocess implemented. If, in Our opinion opinion, acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.
8.13 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;
(b) We will not, while the Operator is working under Your direction and control in accordance with clause 8.13(a), seek to direct or supervise any of the work undertaken by Operator;
(c) We will not be liable to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and
(d) You will not allow any other person to operate the Equipment without Our prior written consent.
Appears in 1 contract
Samples: Hire Agreement