Our Responsibilities
Terms and Conditions
1 DEFINITIONS
In this Hire Agreement (the “Agreement”),
1.1 “Hire Charges” means all the charges, operator costs, charged to you by us in respect of the hire of the Plant and Equipment.
1.2 “Operator” means the operator provided by us to you with the Plant and Equipment to operate the Plant and Equipment.
1.3 “Plant and Equipment” means the plant and equipment hired to you by us, including any substitutions, replacements and additions made in accordance with the terms of this
Agreement and any manuals, accessories or other items supplied with the Plant and Equipment.
1.4 “Site” means the location where the Plant and Equipment is intended to be used.
1.5 “we”, “us”, “our” means the owner of the Plant and Equipment & its employees and agents.
1.6 “you”, “your” means the hirer (or hirers) of the Plant and Equipment.
2 LIABILITY
2.1 If either you or we are in breach of any term of this Agreement, neither of us will be responsible for any losses that the other suffers as a result except those losses, which are a
foreseeable consequence of the breach.
2.2 If a third party makes a claim against us in relation to any loss or damage caused by the Plant and Equipment as a result of your breach of any term of this Agreement, you will
indemnify us in full for all costs and/or losses suffered by us as result thereof including but not limited to payment of compensation (including interest where applicable) to the third
party, our reasonable legal and other fees incurred as a result of any legal action resulting from the claim. You will not be responsible for such a claim to the extent that the loss or
damage results from our negligence
2.3 Our liability is limited as follows:
2.3.1 Our liability for loss, destruction or damage to goods or property (other than goods being lifted by crane which is covered in 2.3.2 below) is limited to a total of £5 million due to our
negligence in whole or in part. Our insurance coverage for death or personal injury caused by our negligence is also £5 million. There is however no limit on the amount of our
liability for such claims.
2.3.2 If we are undertaking a lifting operation our liability for loss, destruction or damage to the goods being lifted is limited to a total of £25,000 whether due to our breach of contract
or negligence.
We are not able to accept liability above these figures
2.4 If you think that there is a possibility that goods or property could be damaged which have a value of more than these limits, then you must notify us in writing before the Plant and
Equipment arrives to the Site. On receipt of such notification, we may choose to make additional coverage available and this will involve an increase in the Hire Charges.
3 DAMAGE TO SITE AND/OR ACCESS
3.1 You acknowledge that the Plant and Equipment you have chosen to hire may cause superficial damage to the ground, particularly in wet weather (for example, ruts may be created
or paving stones may be cracked). You further acknowledge that the Plant and Equipment may also cause damage to underground services such as drains and sewers. Our
delivery driver and/or operator will do their best to limit any such damage, but we cannot be held responsible for any damage of this sort. You are responsible for making good any
damage caused to your property or adjoining land in obtaining access.
3.2 If you are particularly concerned to avoid superficial damage to the ground you must let us know as soon as possible. We may be able to provide extra protection, although there
will be an additional cost in doing so, which we will pass on to you.
4 SITE AND ACCESS
4.1 While we do not expect you to have any technical knowledge of the Plant and Equipment you are hiring, it is your obligation to inform us of any visible access or Site restrictions,
which you think may cause difficulty. For example, restricted access, limited working space, or overhead obstructions.
4.2 We may carry out a Site inspection; if we do we will check both the means of access and the place(s) where you require the work to be carried out. It is your responsibility to
undertake any Site preparation that we ask (for example, removing any goods or materials that might hinder the job). We shall not be responsible for lost work time if the Operator
is unable to commence or continue work as a result of your failure to complete Site preparation as requested by us.
4.3 You must immediately notify us of any change in Site conditions prior to the hire which might affect the safe use of the Plant and Equipment.
4.4 Whether or not we carry out an inspection, we may need to ask you for information about such things as the location of cesspits, drains and sewers. You must make every effort to
ensure that the information you give us is accurate.
4.5 Where access is required over land you do not own, you undertake that you will obtain consent from the respective owners and to pay any charges they may make.
5 PLANT AND EQUIPMENT AND THE OPERATOR
5.1 It is your responsibility to give the Operator of the Plant and Equipment clear instructions regarding the job you wish to be undertaken. You must provide any further information or
explanation the Operator asks you for.
5.2 We will ensure that the Operator is competent and qualified to operate the Plant and Equipment.
5.3 We will ensure that the Plant and Equipment hired by you is in good working order and is fit for the purpose for which it is normally used.
5.4 The Operator’s responsibility is generally limited to operating the Plant and Equipment competently and safely to complete the job that you have instructed him to undertake.
5.5 The Operator will use his best endeavours to complete the job you instruct him to undertake as expeditiously as possible.
6 SAFETY
6.1 You must not operate the Plant and Equipment yourself.
6.2 We will be responsible for the safe operation of the Plant and Equipment by our Operator.
6.3 You must follow any safety instructions given by our Operator. You must also take your own sensible safety precautions (for example, you must take all reasonable measures to
prevent children from playing on or near the equipment at any time, particularly when the equipment is parked up for the night and our Operator is not able to oversee it).
6.4 Whilst we will be responsible for the safe operation of the Plant and Equipment, you must ensure that the Site itself is safe and secure.
7 NOTIFICATION OF ACCIDENTS
7.1 You must notify us immediately if there is any accident involving the Plant and Equipment which results in damage to the Plant and Equipment or to other property or injury to or the
death of any person.
8 GENERAL
8.1 If any provision of this Agreement is held to be unlawful, void or unenforceable then that provision will be deemed severable and will not affect the validity and enforceability of the
remaining provisions, to the extent permitted by law.
8.2 Notices from you to us should be sent to us at our office address. Notices from us to you will be sent to the address provided to us by you or to any other address which you have
notified to us in writing. You will notify us immediately in writing of any change to your address.
8.3 This Agreement incorporates all of the terms agreed between you and us. It cannot be varied except by a document signed by you and us on or after the date of this Agreement.
8.4 A party who is not a party to this Agreement shall have no right to enforce any term of this Agreement under the Contracts (Rights of Third) Parties Act 1999.
8.5 If any amount is payable to you by us under this Agreement, we may withhold from those monies an amount equal to the total monies you owe us under this Agreement.
8.6 If the Site is situated within the United Kingdom, then the court whose jurisdiction covers the Site will have exclusive jurisdiction and interpretation of the law for this Contract. If the
original Site is not situated within the United Kingdom, then the relevant jurisdiction and interpretation of the law of the Contract will be governed by the country where our head
office is located
- Provide a spider crane that has been properly maintained, Loler tested and certified.
- Provide a certified operator.
- Ensure the crane hired is of suitable type and capacity for the lift
- Provide insurance for the crane, all personnel and goods being lifted.
- Protect all driveways, lawns and pathways with 10 tonne rated protection matting
- Use adequate outrigger pads to stabilise the crane
- Only operate the crane in safe weather conditions (under 22mph winds)
- Use correct slings and chains for the weight lifted
Terms and Conditions
1 DEFINITIONS
In this Hire Agreement (the “Agreement”),
1.1 “Hire Charges” means all the charges, operator costs, charged to you by us in respect of the hire of the Plant and Equipment.
1.2 “Operator” means the operator provided by us to you with the Plant and Equipment to operate the Plant and Equipment.
1.3 “Plant and Equipment” means the plant and equipment hired to you by us, including any substitutions, replacements and additions made in accordance with the terms of this
Agreement and any manuals, accessories or other items supplied with the Plant and Equipment.
1.4 “Site” means the location where the Plant and Equipment is intended to be used.
1.5 “we”, “us”, “our” means the owner of the Plant and Equipment & its employees and agents.
1.6 “you”, “your” means the hirer (or hirers) of the Plant and Equipment.
2 LIABILITY
2.1 If either you or we are in breach of any term of this Agreement, neither of us will be responsible for any losses that the other suffers as a result except those losses, which are a
foreseeable consequence of the breach.
2.2 If a third party makes a claim against us in relation to any loss or damage caused by the Plant and Equipment as a result of your breach of any term of this Agreement, you will
indemnify us in full for all costs and/or losses suffered by us as result thereof including but not limited to payment of compensation (including interest where applicable) to the third
party, our reasonable legal and other fees incurred as a result of any legal action resulting from the claim. You will not be responsible for such a claim to the extent that the loss or
damage results from our negligence
2.3 Our liability is limited as follows:
2.3.1 Our liability for loss, destruction or damage to goods or property (other than goods being lifted by crane which is covered in 2.3.2 below) is limited to a total of £5 million due to our
negligence in whole or in part. Our insurance coverage for death or personal injury caused by our negligence is also £5 million. There is however no limit on the amount of our
liability for such claims.
2.3.2 If we are undertaking a lifting operation our liability for loss, destruction or damage to the goods being lifted is limited to a total of £25,000 whether due to our breach of contract
or negligence.
We are not able to accept liability above these figures
2.4 If you think that there is a possibility that goods or property could be damaged which have a value of more than these limits, then you must notify us in writing before the Plant and
Equipment arrives to the Site. On receipt of such notification, we may choose to make additional coverage available and this will involve an increase in the Hire Charges.
3 DAMAGE TO SITE AND/OR ACCESS
3.1 You acknowledge that the Plant and Equipment you have chosen to hire may cause superficial damage to the ground, particularly in wet weather (for example, ruts may be created
or paving stones may be cracked). You further acknowledge that the Plant and Equipment may also cause damage to underground services such as drains and sewers. Our
delivery driver and/or operator will do their best to limit any such damage, but we cannot be held responsible for any damage of this sort. You are responsible for making good any
damage caused to your property or adjoining land in obtaining access.
3.2 If you are particularly concerned to avoid superficial damage to the ground you must let us know as soon as possible. We may be able to provide extra protection, although there
will be an additional cost in doing so, which we will pass on to you.
4 SITE AND ACCESS
4.1 While we do not expect you to have any technical knowledge of the Plant and Equipment you are hiring, it is your obligation to inform us of any visible access or Site restrictions,
which you think may cause difficulty. For example, restricted access, limited working space, or overhead obstructions.
4.2 We may carry out a Site inspection; if we do we will check both the means of access and the place(s) where you require the work to be carried out. It is your responsibility to
undertake any Site preparation that we ask (for example, removing any goods or materials that might hinder the job). We shall not be responsible for lost work time if the Operator
is unable to commence or continue work as a result of your failure to complete Site preparation as requested by us.
4.3 You must immediately notify us of any change in Site conditions prior to the hire which might affect the safe use of the Plant and Equipment.
4.4 Whether or not we carry out an inspection, we may need to ask you for information about such things as the location of cesspits, drains and sewers. You must make every effort to
ensure that the information you give us is accurate.
4.5 Where access is required over land you do not own, you undertake that you will obtain consent from the respective owners and to pay any charges they may make.
5 PLANT AND EQUIPMENT AND THE OPERATOR
5.1 It is your responsibility to give the Operator of the Plant and Equipment clear instructions regarding the job you wish to be undertaken. You must provide any further information or
explanation the Operator asks you for.
5.2 We will ensure that the Operator is competent and qualified to operate the Plant and Equipment.
5.3 We will ensure that the Plant and Equipment hired by you is in good working order and is fit for the purpose for which it is normally used.
5.4 The Operator’s responsibility is generally limited to operating the Plant and Equipment competently and safely to complete the job that you have instructed him to undertake.
5.5 The Operator will use his best endeavours to complete the job you instruct him to undertake as expeditiously as possible.
6 SAFETY
6.1 You must not operate the Plant and Equipment yourself.
6.2 We will be responsible for the safe operation of the Plant and Equipment by our Operator.
6.3 You must follow any safety instructions given by our Operator. You must also take your own sensible safety precautions (for example, you must take all reasonable measures to
prevent children from playing on or near the equipment at any time, particularly when the equipment is parked up for the night and our Operator is not able to oversee it).
6.4 Whilst we will be responsible for the safe operation of the Plant and Equipment, you must ensure that the Site itself is safe and secure.
7 NOTIFICATION OF ACCIDENTS
7.1 You must notify us immediately if there is any accident involving the Plant and Equipment which results in damage to the Plant and Equipment or to other property or injury to or the
death of any person.
8 GENERAL
8.1 If any provision of this Agreement is held to be unlawful, void or unenforceable then that provision will be deemed severable and will not affect the validity and enforceability of the
remaining provisions, to the extent permitted by law.
8.2 Notices from you to us should be sent to us at our office address. Notices from us to you will be sent to the address provided to us by you or to any other address which you have
notified to us in writing. You will notify us immediately in writing of any change to your address.
8.3 This Agreement incorporates all of the terms agreed between you and us. It cannot be varied except by a document signed by you and us on or after the date of this Agreement.
8.4 A party who is not a party to this Agreement shall have no right to enforce any term of this Agreement under the Contracts (Rights of Third) Parties Act 1999.
8.5 If any amount is payable to you by us under this Agreement, we may withhold from those monies an amount equal to the total monies you owe us under this Agreement.
8.6 If the Site is situated within the United Kingdom, then the court whose jurisdiction covers the Site will have exclusive jurisdiction and interpretation of the law for this Contract. If the
original Site is not situated within the United Kingdom, then the relevant jurisdiction and interpretation of the law of the Contract will be governed by the country where our head
office is located
