TERMS OF HIRE
1. Except where otherwise agreed in writing, the hirer shall at all times keep the goods at the agreed location.
2. The hirer shall ensure that the goods are used solely for the purpose(s) for which they were manufactured and in accordance with the manufacturer’s recommendation and in a careful and skilful manner.
3. The hirer shall provide his/her own suitably skilled operator(s) to operate the goods and ensure that such person(s) are familiar with all instructions relating to the goods and are competent to operate the goods.
4. The hirer shall at his/her own expense each day during the hire period properly maintain and service the goods (and in particular check the engine oil, coolant and fuel levels, tighten wheel bolts and nuts, check tyre pressures and condition of hydraulic connections and hoses for leaks and grease and lubricate all necessary parts) and shall keep the goods clean and safe to use in good working order. The hirer shall immediately notify the company of all damage caused by the goods (including tyre punctures) during the hire period and any excessive wear or repairs necessary due to the incompetent and/or negligent use or maintenance of the goods, make the goods available to the company for the company to repair the same and pay the company on demand the cost and expenses incurred by the company of the defects in question and the company shall repair the same or replace the goods at its discretion or cost.
5. The hirer shall at all times during the hire period (which shall included a period of transit of the goods by the hirer) keep the goods insured for their full replacement value as noted above under a comprehensive policy without restriction or excess against loss or damage and note on the policy the company’s interest. The hirer shall punctually pay the premiums in respect of such policy and should do all the things necessary to keep such policy valid and enforced and shall produce evidence of this effect as the company may from time to time require and in default the company may insure the good itself and recover the premiums as rental due hereunder.
6. Any sums recoverable in respect of the goods under such insurance company shall be paid to the company who may apply the same at its opinion after meeting any incidental costs/losses either in making good the damage done or in replacing the goods by goods of similar description or towards payment of the obligations of the hirer as if this agreement has been terminated.
7. The hirer agrees to indemnify the company from and against all actions, costs, claims, demands, proceedings, losses and liability howsoever arising out of the hirers use and possession of the goods and to maintain adequate current insurance against third party risks arising from its use of the goods.
8. Save for any liability for death or personal injury caused to any person by the company’s negligence, the company shall have no liability for any consequential loss howsoever arising, or other losses or damage due to late delivery or breakdown save as specified herein.
9. Where the goods are lost, stolen or damaged beyond repair during the hire period, the hirer shall immediately notify the company and shall forthwith pay to the company by way of compensation the full replacement value thereof as shown on the face of this agreement without prejudice to any other liability of the hirer to the company. The company shall reimburse to the hirer such value (if any) as the company may realise on return of the goods or otherwise in respect of the loss or damage of the goods.