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5.
Commencement & Termination of Hire
The date of commencement is the date on which the equipment is
booked for hire, or the date on which the plant leaves the Owner's
depot, whichever is first. The date of termination is the date on
which it is returned to the Owner's depot or equivalent. The Owner
does not guarantee to provide transport for delivery on-hire or
collection off-hire, and the responsibility for return off-hire
rests with the Hirer.
6.
Acceptance by Hirer
The Hirer's acceptance of delivery of the Plant shall be conclusive
evidence that the Hirer has examined the Plant and found it to be
complete, in accordance with the description given, in good order
and condition, fit for any purpose for which it may be required and
in every way satisfactory.
7.
Location and Use of Equipment
The Plant shall be located and used at the site designated on the
delivery note and shall not be removed there from without the prior
written consent of the Owner. The Hirer shall cause the Plant to be
operated properly and by competent employee's only, they must be
fully trained and inducted by a qualified member of Hydra-Capsule
Limited - Hydra House - Bishops Frome - Worcestershire - UK. Where
an Operator is provided with the Plant he shall work under the
supervision and direction of the Hirer or his Representatives and,
for the duration of the hire, the Operator shall be deemed to have
been the servant of the Hirer who shall be responsible for his
actions as if he were in the Hirer's direct employment and the Hirer
shall free and relieve the Owner of and from the consequence of all
liabilities arising there from. The Hirer shall not permit any other
person to operate the Plant without the Owner's prior consent in
writing. The Hirer shall not allow the Plant to be used beyond its
capacity or in a manner likely to result in undue deterioration, The
Hirer shall not sub-let the Plant or any part of it without prior
consent by the Owner in writing.
8.
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 causes whatsoever, or through
non-arrival from accident or breakdown during loading, unloading or
transportation of the Plant.
9.
Hirer's Responsibility for Loss or Damage
During the continuance of the Hire period the Hirer shall make good
to the Owner all loss or damage to the Plant from whatever cause the
same may arise, fair wear and tear excepted and shall also fully and
completely indemnify the Owner in respect of all claims by any
person whatsoever for injury or damage to property caused by or in
connection with or arising out of the use of the Plant and in
respect of all costs and charges in connection therewith however
arising. The Hirer shall also notify the Owner immediately of any
such loss or damage to the Plant.
10.
Servicing & Inspection
The Hirer shall at all reasonable times allow the Owner, or his
Agents or his insurers to have access to the Plant to inspect, test
adjust, repair or replace the same. So far as reasonably possible,
such work will be carried out at times to suit the convenience of
the Hirer.
11. Repairs
& Adjustments
Except in the case of repairs undertaken by the Owner's Operator or
driver, the Hirer shall not repair or attempt to repair the Plant
unless specifically authorised by the Owner. The Owner undertakes to
deal with all necessary repairs as quickly as reasonably possible.
12.
Protection of Owner's Rights
The Hirer shall not re-hire, sell, mortgage, charge, pledge, part
with possession of or otherwise deal with the Plant and shall
protect the same against distress, execution or seizure and shall
indemnify the Owner against all losses, damage, costs, charges and
expenses that may be occasioned by any failure to observe and
perform this condition, except in the event of Government
requisition. If the Hirer shall make default in punctual payment of
sums due to the Owner for Plant or other charges or shall fail to
observe and perform the terms and conditions of this contract, or if
the Hirer shall suffer any distress or execution to be levied
against him or make or propose to make any arrangement with his
creditors or being a Company, shall go into liquidation (other than
a member's voluntary liquidation) or shall do or shall cause to be
done or permit to suffer any act or thing whereby the Owner's rights
in the Plant may be prejudiced or put into jeopardy, this Agreement
shall forthwith be terminated (without any notice or other act on
part of the Owner and not with standing that the Owner may have
waived some pervious default or matter of the same or like nature),
and it shall thereupon be lawful for the Owner to retake possession
of the said Plant and for that purpose enter into or upon any
premises where the same may be and the determination of the hiring
under this condition, shall not effect the right of the Owner to
recover from the Hirer any money due to the Owner under the contract
or damages for breach thereof'
13.
Claims or Counterclaims
A claim or counterclaim shall not be made the reason for the Hirer
deferring or withholding payment of monies due to the Owner.
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