Recitals:
R1 The owners is the proprietor of the Plant/ equipment/ Vehicles listed in the schedule to this agreement.
R2 The hirer will hire the equipment/ Vehicle specified in the schedule from the owner upon the terms and conditions in the agreement.
Operative Part:
1. Hire of Plant and equipment:
1.1 The hiring of the equipment will commence from the commencement date specified in the schedule.
1.2 The hirer is entitled to use the equipment for the hire period and for any agreed extension period.
1.3 The hirer agrees to return the goods to the address of the owner on or before the end of the hire period, unless prior consent from the owner is agreed.
2. Payment for rental:
2.1 The hire fee must be paid to the owner prior to or on the commencement date of the hire period, unless prior consent from the owner is agreed.
3. Use, Operation and maintenance:
3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks. 3.2 The equipment shall not be used by anyone other then the hirer without expressed permission of the owner.
3.3 The hirer agrees to comply with all occupational health and safely laws relating to the use of the equipment and related operations. 3.4 The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter.
3.5 Fuel tanks on any equipment shall be full of fuel upon return.
In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
4. Hirer’s Warranties:
4.1 The hirer warrants that the equipment will be used in accordance with the conditions outlined in the schedule.
4.2 The equipment will not be used for any illegal purpose.
4.3 The hirer will not, without prior consent of the owner, modify, or permit any modification of the equipment in any way.
5. Loss, Damage or breakdown of plant and equipment:
5.1 The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear expected) during the hire period.
5.2 If there is a breakdown or failure of the equipment then the hirer shall return the equipment to the owner, and the hirer shall not attempt to repair the equipment
6. Liability:
6.1 The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to properly howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
7. Disclaimer:
7.1 To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
8. Title to equipment:
8.1 The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment.
8.2 The hirer agrees not to agree, offer, purport to sell, sub-let, lend, pledge, mortgage let, hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment and not to conceal, alter the equipment or make any alterations or alterations to, or repair of, the equipment.
9. Repossession:
9.1 The owner may retake possession of the equipment if the hirer breaches any provision of this agreement.
9.2 If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
10. Completion of the hire period:
10.1 The hire period is completed when the equipment has been returned to the owner in the same condition as when it was hired, and by the date and time outlined in the schedule or agreed extension period.
10.2 All hire equipment must be returned during opening hours. If returned out of hours the equipment remains the responsibility of the hirer including theft and damage unless prior permission of the owner.