9. RENT AND OTHER PAYMENTS
a) The Hirer shall (except where agreed by the Owner) pay the deposit specified in the Schedule hereunto as security for safe
custody and proper use of the equipment.
b) On collection of the equipment by the Owner or return by the Hirer (as the case may be) the Hirer shall pay the Owner (without any deduction in respect of any deposit held) the total hire charge at the weekly rate specified in the Schedule hereto or proportionate part thereof.
10. RESPONSIBILITY OF HIRER
a) You will be responsible for the loading and unloading of the Equipment at the address specified by you. You will also be responsible for the loading and unloading of the Equipment at our premises when the Equipment is transported by you or your agent. If we supply any person to assist you, he/she will be under your control at such time.
b) Your responsibility for the equipment begins when you or your agent receive the Equipment if it is delivered to you, your responsibility begins on delivery. Your responsibilities include
safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of the hire. Your responsibility ends only when the Equipment has been returned or collected and you have our unqualified receipt for all of the Equipment.
c) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever (other than the Equipment itself, which governed by conditions 13 and 14) arising out of the delivery, use, non use, repossession, collection or return of the Equipment or any part of it. The indemnity will be reduced in
proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss property is due to our proven negligence.
d) Unless expressly agreed in writing, the Owner is not responsible for the upkeep/cosmetic cleanliness and restocking of any equipment on hire;
e) The Owner will not accept any liability for any claim in any way caused by or resulting from Coronavirus COVID 19.
f) The Hirer shall return the Plant to the Owner at the time and date shown on the contract unless an extension of the hire has been agreed to by the Owner, prior to that time and date.
g) In case of a malfunction, the owner reserves the right to charge a call out fee in order to investigate the fault. If the fault is due to failure of the equipment through misuse (defined as anything at all being thrown into the equipment other than water and natural waste, or paper in such large quantities so as to cause a blockage) then the charge will be upheld. If the fault is a technical failure of the kit, then no charge will be levied.
h) This cause is equally relevant to liability at events where we are onsite; no responsibility shall be accepted for failure of any equipment through use that is not deemed as normal.
a) Any breakdown or the unsatisfactory working of any part or the Plant must be
immediately notified to the owner.
b) Full allowance will be made to the Hirer for any stoppage due to breakdown of Plant caused by the development of an inherent fault or fair wear and tear for all stoppages for normal repairs in accordance with the terms of the contract. The Hirer shall be responsible for all expenses involved arising from any breakdown and loss or damage incurred by the Owner due to the Hirers negligence, misdirection or misuse of the Plant, whether by the Hirer or by his/her servants and for the payment of the hire charges during the period the Plant is necessarily idle due to such breakdown.
c) Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised in writing by the Owner. No allowance for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs have been authorised in writing by the Owner.
12. OTHER STOPPAGES
No claims will be submitted other than those allowed for under Breakdown, as herein provided, for stoppages through causes outside the Owner’s control, including bad weather or ground conditions.
13. CONSEQUENTIAL LOSSES
The Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the Plant through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the Plant or from any other beyond the Owner’s control.