1. DEFINITIONS:
‘The Company’ shall mean db Tec ltd.
‘The Customer’ shall mean the party shown in the particulars of contract overleaf.
‘The Plant’ shall mean such plant and equipment as shown in the particulars of contract overleaf.
‘The Period of Hire’ such period of duration of this contract as set out in the Particulars of Contract overleaf.
2. CONTRACT:
The terms of Contract are set out in the Particulars of Contract overleaf and shall be read in conjunction with the Conditions of Hire herein which shall apply to the Contract unaltered and unvaried. These Conditions of Contract shall be exclusive and shall supersede or override any of the Customer’s Normal Terms of Contract.
3. JURISDICTION:
This Contract is made subject to English Law.
4. HIRE:
The Period of Hire shall commence when the Plant leaves the Company’s premises.
The Company’s records as to times of commencement and ending of the hire shall be conclusive.
5. EXPENSES:
The Customer shall be responsible for all expenses incurred by the Company in relation to the hire of the Plant including fuel, oil, grease and the repair of the Plant from breakdown made on site and all loss or damage where incurred as a result of any negligent act or omission on the part of the Customer or any of its agents or employees. The Period of Hire will not be suspended during any repair necessitated by the above.
6. INSURANCE:
The Customer shall insure the Plant during such part of the period of hire as the Plant is on the premises owned by the Customer or used by it under lease or license.
7. DAMAGE:
Any damage to the Plant whilst on the premises owned by the Customer or used by it under lease or license shall be the Customer’s responsibility whether such damage be caused by the Customer or any other third party and the Company should be notified immediately of any such damage.
8. STOPPAGES:
The charges for hire shall be abated where the plant breaks down, but only where such breakdown is not as a result of any act or omission on the part of the Customer. The charges will not be abated where stoppage is due to any cause outside the Company’s control including bad weather or ground conditions or industrial action.
9. SITEING:
The Customer shall be responsible for ensuring that the site on which the Plant is to work is suitable and if not that suitable arrangements are made to enable the Plant to work and move around the site safely. If the Plant becomes stuck in bad conditions the Customer shall be responsible for all recovery costs and in such circumstances there will be no abatement of charges for hire whilst the Plant is being fully recovered.
10. OVERNIGHT HIRING:
If the plant is left on site during the night without prejudice to the Company’s rights and liabilities under clauses 5, 6 and 7 hereof the customer shall take all steps to ensure that the Plant is secured from damage by any party and shall bear the costs of remedial work occasioned by any damage so sustained. In addition the Customer shall pay the cost of the Company’s employees or agents travelling or overnight accommodation and subsistence incurred as a result of the overnight hiring.
11. PUBLIC LIABILITY:
The Company shall not be responsible for any loss or damage to any person or property whatsoever during the period of Hire whether or not such loss or damage is occasioned by any negligent act or omission of any employee or agent of the Company. The Customer is advised to take out appropriate insurance against all risks contemplated under the clause.
12. HANDLING AND SUPERVISION:
The Customer is responsible for the handling of goods or machines. Any loss, damage or accidents caused by faulty handling will not incur any liability upon the Company. Any advice given by any employee of the Company as to handling shall be gratuitous only and shall involve the Company in no liability.
13. SUBLETTING:
The Customer shall not sublet or sub hire any Plant supplied under this Contract.
14. DETERMINATION:
The Company may terminate this Contract by seven days’ notice in writing and the Customer accepts that on such termination it shall have no right to damages for any losses occasioned by such termination.
15. OWNERSHIP
The Plant shall at all times remain the property of the Company or in the case of Plant hired from other companies remain in the care of the Company and the Customer shall not sell, charge, pledge, mortgage or otherwise deal with the Plant (including the creation of a lien) in any way contrary to the Company’s title to it or right to possession of it.
16. INSOLVENCY:
In circumstances as outlined in clause 15 hereof this Contract shall immediately determine without prejudice to the Company’s rights hereunder.
17. VARIATION:
There shall be no variation of this Contract unless in writing and signed by both the Company and the Customer.
18. REGULATIONS:
The Customer shall be responsible for compliance with any Government or Local Authority regulations covering the maintenance, operation, storage of the Plant and any systems relating to such operation including compliance with all regulations under the Health and Safety at Work legislation.
19. TIMES OF WORK:
The Company will use its best endeavors to ensure that the Plant is in use during all normal working hours throughout the period of hire but shall not be responsible if for any reason beyond its control the Plant cannot be used during those times. The rate of rebate shown on the Particulars of Contract shall apply to any stoppages during normal working hours which are the responsibility of the Company (see clauses 3 and 8 for definition of stoppages not the responsibility of the Company-such clauses however not to be regarded as exhaustive).
20. ARBITRATION:
Any dispute covering this contract or the effects interpretation or consequences of it shall be referred to Arbitration under the terms of Arbitration Act 1950 to the president of the institute of Mechanical Engineers whose decision shall be final and binding on both parties.
