Equipment, the Owner reserves the right to have the weight of the proposed lift confirmed on a certified weighing
1.1 “The Owner” shall mean Prestige Cranes Limited, or any agents or employees thereof. 1.2 “Hirer” shall mean any person or legal entity hiring Equipment and/or contracting services from the Owner, or any successor, administrator or assignee.
1.3 “Equipment” shall mean:
1.3.1 the equipment (including cranes, other vehicles, mobile and fixed assets) hired by the Owner to the Hirer (whether or not the equipment is owned by the Owner and whether the original equipment supplied or any substitute) and all accessories and other equipment of the Owner attached to the equipment or to be used in connection with the equipment; and
1.3.2 shall also mean all services provided by the Owner to the Hirer, including the provision of an operator, salvage work, pre-cast concrete placement, plant installation, relocation, transport and cartage services and all advice provided by the Owner to the Hirer; and
1.3.3 shall also mean all charges for time and attendances, hire charges, port fees, traffic management, statutory or regulatory authority fees, induction costs, or any fee /charge associated with the supply of Equipment to the Hirer. 1.4 “Site” shall mean the place or location where the Equipment is to be operated or used.
2. ACCEPTANCE BY THE HIRER
2.1 Any instructions received by the Owner from the Hirer for the hire of Equipment shall constitute a binding agreement and acceptance of the terms and conditions contained herein (“agreement”). Please read carefully.
2.2 The Hirer acknowledges that the Owner has entered into this agreement on the basis of the information supplied to the Owner by the Hirer and warrants that the information is accurate and reliable.
2.3 No oral agreement, promise, collateral stipulation, representation, condition or warranty given or entered into by the Owner or by any agent or employee of the Owner and not in conformity with this agreement shall be binding upon the Owner, unless confirmed in writing by the Owner.
2.4 Unless otherwise agreed this agreement is a full-hire contract. This means that the Owner provides the Equipment operator, fuel and oil for the Equipment and attends to every day running repairs.
3. COLLECTION AND USE OF INFORMATION
3.1 The Hirer authorises the Owner to collect, retain and use any information, including photos, about the Hirer, for the purpose of assessing the Hirer’s credit worthiness, enforcing any rights under this agreement, or marketing the hire of Equipment by the Owner to any other party. Such information will be accessible to the Hirer and subject to correction by contacting the Owner’s Chief Executive Officer at the Owner’s registered office address.
3.2 The Hirer authorises the Owner to disclose any information obtained to any person, for the purposes set out in clause 3.1, although such authorisation may be withdrawn by the Hirer at any time in writing.
3.3 Where the Hirer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4. HIRE PERIOD
4.1 The hire period begins from the time the Crane leaves the Owner’s depot and runs until the Owner’s returns or is returned to the Owner’s depot or this agreement is terminated pursuant to clause 14. The Owner’s sole determination of such times shall be conclusive and binding on the Hirer.
5. HIRE COST
5.1 Where no hire cost is stated in writing or agreed to orally, the Equipment shall be deemed to be hired at the current Standard Hourly rate applicable at the time of the contract for such Equipment as determined by the Owner (“the hire cost”).
5.2 The hire cost will exclude goods and services tax, traffic management costs, port fees, statutory or regulatory authority fees, induction costs and other incidental costs or charges, unless specifically stated in writing to be included. 5.3 Additional charges will be payable by the Hirer for any work performed outside normal business hours (6am to 6pm Monday to Friday) and on a Saturday, Sunday or a Public holiday. A minimum charge of 4 hours will apply to any “call outs” (jobs booked out side of normal hours) or weekend work and a minimum charge of 8 hours plus a “day in lieu” surcharge will apply for any work done on Statutory Public holiday.
6.1 Payment of the hire cost, including progress payments and progress claims made in accordance with the Construction Contracts Act 2002 (“payment claim”) shall be made in full on or before the 20th day of the month following the date of the invoice or the payment claim (“the due date”), unless agreed otherwise by the Owner in writing.
6.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 6.3 Any expenses, disbursements and costs, including any reasonable legal fees or debt collection agency costs, incurred by the Owner in the enforcement of any rights contained in this agreement shall be paid by the Hirer. 7. QUOTATION
7.1 Where a quotation is given by the Owner for the hire of Equipment:
7.1.1 unless otherwise agreed the quotation is valid for thirty (30) days from the date of issue; and 7.1.2 the quotation is exclusive of goods and services tax, traffic management costs, port fees, statutory or regulatory fees, induction costs or other incidental costs, unless specifically stated to the contrary; and
7.1.3 the Owner reserves the right to alter the quotation because of circumstances beyond its control. 8. LIABILITY AND RISK
8.1 The Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Owner which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the Owner, the Owner’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Hirer hires Equipment from the Owner for the purposes of a business in terms of that Act.
8.2 Subject to the provisions of clauses 8.1 and 8.4 together with the limitations of liability contained elsewhere in this agreement, the Owner shall not be liable for:
8.2.1 Any indirect or consequential loss or damage arising from the hire of Equipment by the Owner to the Hirer, 8.2.2 Loss or damage arising directly or indirectly from delay in supplying Equipment, breakdown or stoppage of the Equipment, weather conditions, ground conditions, access difficulties or other circumstances of an unforeseen nature;
8.2.3 Loss or damage to property, including personal property, land and buildings (whether such property is owned by the Hirer or a third party) or to goods being lifted or carried by Equipment, except to the extent that such loss or damage arises from negligence or breach of this agreement by the Owner.
8.3 The Hirer shall indemnify the Owner against claims and losses brought by any person or legal entity in connection with any matter, act or omission in connection with the hiring of the Equipment to the Hirer, except to the extent that such claims are caused by negligence or breach of this agreement by the Owner.
8.4 If contrary to the limitations or exclusions of liability contained in this agreement, the Owner is deemed liable to the Hire r, following and arising from the hire of Equipment by the Owner to the Hirer, then such liability is limited in its maximum aggregate to the hire cost.
8.5 Unless specified otherwise in writing all goods transported by road by the Owner (as carrier defined under the Carriage of Goods Act, 1979) are at Limited Carrier’s Risk. In the event of loss or damage to such goods the Owner is liable only up to the limit set in the Act.
9. USE AND HANDLING OF HIRED EQUIPMENT
9.1 Where an Equipment operator is provided by the Owner, the operator shall, for as long as the operator is on site, be under the direction and control of the Hirer and shall be regarded as a servant or agent of the Hirer. In such circumstances, the Hirer shall be liable for claims arising in connection with the operation of the Equipment by the operator.
9.2 The Hirer shall not:
9.2.1 require, permit or allow the Equipment operator to do anything contrary to any statute, regulation, by-law requirement,code of practice or recognised convention;
9.2.2 allow any other person to operate the Equipment without first obtaining the written consent of the Owner; 9.2.3 permit, facilitate or allow the operation or direction of the Equipment by any person while under the influence of alcohol or drugs; or
9.2.4 use or permit the use of the Equipment to lift any load which is beyond the rated lifting capacity of the Equipment or for any purpose other than for which it is designed for.
9.3 The Owner reserves the right to provide a supervisor, traffic management or other specialist service to the Site if the Owner in its sole discretion considers it necessary. If the Owner does so the charges payable by the Hirer shall be increased accordingly.
9.4 The Hirer warrants that the weight of the object or objects to be lifted in any one lift and the radius of the proposed lift (measured from the radial point of the Equipment) will not at any time exceed the maximum lifting capacity or working radius of the Equipment. Where the weight of the lift approximates the maximum lifting capacity of the
device with the associated costs being additional to the hire cost.