CONDITIONS OF HIRE
1. The Hirer acknowledges that he has inspected the goods and is satisfied that the goods are in clean condition and in good and substantial order, repair and condition.
2. The Hirer hereby acknowledges that no warranty or condition express or implied is given by the owner as to the condition of the goods or as to the suitability or fitness of the goods for any purpose.
3. The Hirer will pay charges at the rate and in the manner specified from the commencement date of the hire until the goods are returned by the Hirer to the premises of the owner.
4. The hiring is personal to the Hirer and the rights of the Hirer are not assignable to any person, persons or company whatsoever.
5. Unless otherwise stated the words “the Hirer “include the servants, agents or contractors of the Hirer.
6. All accessories, equipment and replacement parts which may be attached to or supplied by the Owner to the Hirer for use on or in connection with the goods at any time during the hiring shall
become part thereof and the words “the goods” wherever herein used shall be deemed to include such accessories, equipment and replacement parts.
7. The Hirer will at his own expense keep and maintain the goods in a clean condition and good and substantial working order and repair.
8. In the event of breakdown or failure of the goods, the Hirer will not have any repairs effected thereto by any person other than as the owner may nominate.
9. If upon return of the goods to the owner they are found not to be in clean condition and/or not in good and substantial order and repair (fair wear and tear excepted) the Hirer shall pay to the owner
the cost and expenses of restoring the goods to clean condition and/or good and substantial order and repair.
10. The Hirer accepts full responsibility to compensate the owner for the value of goods or parts thereof which may be lost or stolen from the time of commencement of the hire or deliver, whichever is
earlier, until the goods are returned to the owner’s premises or collected by him. This right shall not be prejudged by or prejudice any other right under this agreement.
11.1 The Owner retains property in the Equipment nonetheless: all risk for the Equipment passes to the Hirer on delivery.
11.2 The Hirer accepts full responsibility for the safekeeping of the Equipment and Indemnifies the Owner for all loss theft or damage to the Equipment howsoever caused and without limiting
the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Hirer.
11.3 The Hirer will insure, or self-insure, the Owner’s interest in the Equipment against physical loss or damage including, but not limited to, the peril of accident, fire, theft and burglary and all
other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Hirer will not use the Equipment
nor permit it to be used in such a manner as would permit an insurer to decline any claim.
11.4 The Hirer accepts full responsibility for and shall keep the Owner indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any
injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising groom any negligence, failure or omission of
the Hirer or any other persons.
12.1 The Equipment is and will at all time remain the absolute property of the Owner.
12.2 If the Hirer fails to return the Equipment to the Owner then the Owner or the Owner’s agent may enter upon and into land and premises owner, occupied or used by the Hirer, or any
Premises where the Equipment is situated as the invitee of the Hirer and take possession of the Equipment, without being responsible for any damage thereby caused.
12.3 The Hirer is not authorised to pledge the Owner’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
The Hirer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Hirer by the Owner and
the Hirer acknowledges that the Equipment is bought relying solely upon the Hirer’s skill and judgment.