TERMS
AND CONDITIONS
Model Conditions For
The Hiring of Plant
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1. DEFINITIONS
(a) The “Owner” is the Company, firm or
person letting the plant on hire and includes their successors, assigns or personal
representatives.
(b) The “Hirer” is the Company, firm, person, Corporation
or public authority taking the owner’s plant on hire and includes their
successors or personal representatives.
(c) “Plant ” covers all classes of plant, machinery,
vehicles, equipment and accessories therefor, which the Owner agrees to hire
to the Hirer.
(d) A “day” shall be 8 hours or if the day is a
Friday it shall be 7 hours, unless otherwise specified in the Contract.
(e) A “working week” covers the period from starting
time on Monday to finishing time on Friday.
(f) The “hire period ” shall commence from the time
when the plant leaves the Owner’s depot or place where last employed and
shall continue until the plant is received back at the Owner’s named depot
or other agreed location.
(g) A “Consumer Contract” is a contract entered
into with a person acting in his own capacity and not for or on behalf of any
business or trade entity.
2. EXTENT OF CONTRACT
No conditions other than specifically set forth in the Offer and Acceptance and
herein shall be deemed to be incorporated in or to form part of the Contract
or shall otherwise govern the relationship between the Owner and the Hirer in
relation to the hire of any particular plant pursuant to the Offer and Acceptance.
The Contract does not create any right enforceable by or purport to confer any
benefit on any person not a party to it except that a person who is a successor
to or an assignee of the rights of the Owner is deemed to become a party to the
Contract after the date of succession or assignment (as the case may be).
3. ACCEPTANCE OF PLANT
Acceptance of the plant on site implies acceptance of all terms and
conditions herein unless otherwise agreed in writing.
4. UNLOADING AND LOADING
The Hirer shall be responsible for the unobstructed access and, unless
otherwise agreed in writing, for unloading and loading of the plant at the site,
and any personnel supplied by the Owner for such unloading and/or loading shall
be deemed to be under the direction and control of the Hirer. Such personnel
shall for all purposes in connection with their employment in the unloading and/or
loading of the plant be regarded as the servants or agents of the Hirer (but
without prejudice to any of the provisions of Clause 13) who alone shall be responsible
for all claims arising in connection with unloading and or loading of the plant
by, or with the assistance of, such personnel.
5. DELIVERY IN GOOD ORDER AND
MAINTENANCE: INSPECTION REPORTS
(a) Unless
notification in writing to the contrary is received by the Owner from the Hirer
in the case of plant supplied with an operator within four working days, and
in the case of plant supplied without, an operator within three working days,
of the plant being delivered to the site, the plant shall be deemed to be in
good order, save for either an inherent fault or a fault not ascertainable by
reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where plant requires to be erected
on site, the periods above stated shall be calculated from the date of completed
erection of plant. The Hirer shall be responsible for its safe keeping, use in
a workmanlike manner within the manufacturer’s rated capacity and return
on the completion of the hire in equal good order (fair wear and tear excepted).
(b) The Hirer shall when hiring plant without Owner’s operator or driver
take all reasonable steps to keep himselfacquainted with the state and condition
of the plant. If such plant be continued at work or in use in an unsafe and unsatisfactory
state or environment, the Hirer shall be solely responsible for any damage, loss
or accidents whether directly or indirectly arising therefrom.
(c) The current Inspection Report required under the relevant legislation, or
a copy thereof, shall be supplied by theOwner if requested by the Hirer and returned
on completion of hire.
6. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Owner, 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.
7. TIMBER MATS OR EQUIVALENT
(a) If the ground (including any private access road or track) is soft
or unsuitable for the plant to work on, travel, or betransported over without
timbers or equivalents the Hirer shall supply and lay suitable timbers or equivalents
in a suitable position for the plant to travel over, work on, or be transported
over, including for the purpose of delivery and collection.
(b) Where the hire is for lifting equipment, any sound timber or other material
supplied by the Owner for use withoutriggers/stabilisers is provided solely to
assist the Hirer and expressly not to relieve him of his legal, regulatory or
contractual obligations to ensure adequate stability of the lifting equipment
under the imposed loading.
8. HANDLING OF PLANT
When a driver or operator or any person is supplied by the Owner with
the plant, the Owner shall supply a person competent in operating the plant or
for such purpose for which the person is supplied and such person shall be under
the direction and control of the Hirer. Such drivers or operators or persons
shall for all purposes in connection with their employment in the working of
the plant be regarded as the servants or agents of the Hirer (but without prejudice
to any of the provisions of Clause 13) who also shall be responsible for all
claims arising in connection with the operation of the plant by the said drivers/operators/persons.
The Hirer shall not allow any other person to operate such plant without the
Owner’s previous consent to be confirmed in writing.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) When the plant is hired without the Owner’s driver or operator any
breakdown or the unsatisfactory working of anypart of the plant must be notified
immediately to the Owner. Any claim for breakdown time will only be considered
from the time and date of notification.
(b) Full allowance for the hire charges and for the reasonable cost of repairs
that have been authorised by the Owner willbe made to the Hirer for any stoppage
due to breakdown of plant caused by the development of either an inherent fault
or a fault not ascertainable by reasonable examination or fair wear and tear
and for all stoppages for normal running repairs in accordance with the terms
of the Contract.
(c) The Hirer shall not, except for the changing of any tyre and repair of punctures,
repair the plant without the writtenauthority of the Owner. The changing of any
tyre and repair of punctures are however the responsibility of the Hirer who
should arrange for them to be changed/repaired without awaiting authorisation
from the Owner. The Hirer is responsible for all costs incurred in the changing
or replacement of any tyre and the repair of any puncture.
(d) The Hirer shall be responsible for all expense involved arising from any
breakdown and all loss or damage incurredby the Owner due to the Hirer’s
negligence, misdirection or misuse of the plant, whether by the Hirer or his
servants, and for the payment of hire at the idle time rate as defined in Clause
25 during the period the plant is necessarily idle due to such breakdown, loss
or damage. The Hirer is responsible for the cost of spares and/or repairs due
to theft, loss or vandalism of the plant. The Owner will be responsible for the
cost of repairs, inclusive of the cost of spares, to the plant involved in breakdown
from all other causes.
10. OTHER STOPPAGES
No claims will be admitted (other than those allowed for under “Breakdown ” or
for “Idle Time ”, as herein provided), for stoppages through causes
outside the Owner’s control, including bad weather or ground conditions
nor shall the Owner be responsible for the cost or expense of recovering any
plant from soft ground.
11. LOSS OF OTHER PLANT DUE TO
BREAKDOWN
Each item of plant specified in the Contract is hired as a separate
unit and the breakdown or stoppage of one or more units or vehicles (whether
the property of the Owner or otherwise) through any cause whatsoever, shall not
entitle the Hirer to compensation or allowance for the loss of working time by
any other unit or units of plant working in conjunction therewith, provided that
where two or more items of plant are expressly hired together as a unit, such
items shall be deemed a unit for the purpose of breakdown.
12. LIMITATION OF LIABILITY
Except for liability on the part of the Owner which is expressly provided
for in the Contract (including these Clauses):
(a) the Owner shall have no liability or responsibility for any loss or damage
of whatever nature due to or arising through any cause beyond his reasonable
control;
(b) the Owner shall have no liability or responsibility, whether by way of indemnity
or by reason of any breach of the Contract, breach of statutory duty or misrepresentation
or by reason of the commission of any tort (including but not limited to negligence)
in connection with the hire, for any of the Hirer’s loss of profit, loss
of use of the plant or any other asset or facility, loss of production or productivity,
loss of contracts with any third party, liabilities of whatever nature to any
third party, and/or any other financial or economic loss or indirect or consequential
loss or damage of whatever nature; and (c) whenever the Contract (including these
Clauses) provides that any allowance is to be made against hire charges, such
allowance shall be the Hirer’s sole and exclusive remedy in respect of
the circumstances giving rise to the allowance, and such remedy shall be limited
to the amount of hire charges which would otherwise be or become due if the allowance
in question had not been made.
13. HIRER’S RESPONSIBILITY
FOR LOSS AND DAMAGE
(a) For the avoidance of doubt it is hereby declared and agreed that nothing
in this Clause affects the operation of Clauses4, 5, 8 and 9 of this Agreement.
(b) During the continuance of the hire period the Hirer shall subject to the
provisions referred to in sub paragraph (a)make good to the Owner all loss of
or damage to the plant from whatever cause the same may arise, fair wear and
tear excepted, and except as provided in Clause 9 herein, and shall also fully
and completely indemnify the Owner in respect of all claims by any person whatsoever
for injury to person or property caused by or in connection with or arising out
of the storage, transit, transport, unloading, loading or use of the plant during
the continuance of the hire period, and in respect of all costs and charges in
connection therewith whether arising under statute or common law. In the event
of loss of or damage to the plant, hire charges shall be continued at idle time
rates as defined in Clause 25 until settlement has been effected.
(c) Notwithstanding the above the Hirer shall not be responsible for damage,
loss or injury due to or arising:
(i) prior to delivery of any plant to the site
(or, where the site is not immediately adjacent to a highway maintainable at
the public expense, prior to its leaving such highway) where the plant is in
transit by transport of the Owner or as otherwise arranged by the Owner,
(ii) during the erection and/or dismantling of any plant where such plant requires
to be completely erected/dismantled on site, always provided that such erection/dismantling
is under the exclusive control of the Owner or his Agent,
(iii) after the plant has been removed from the site and is in transit on a highway
maintainable at the public expense (or where the site is not immediately adjacent
to a highway maintainable at the public expense after it has joined such highway)
to the Owner by transport of the Owner or as otherwise arranged by the Owner,
(iv) where plant is travelling to or from a site on a highway maintainable at
the public expense (or, where the site is not immediately adjacent to a highway
maintainable at the public expense, prior to its leaving or after its joining
such highway) under its own power with a driver supplied by the Owner.
14. NOTICE OF ACCIDENTS
If the plant is involved in any accident resulting in injury to persons
or damage to property, immediate notice must be given to the Owner by telephone
and confirmed in writing to the Owner’s office. In relation to any claim
in respect of which the Hirer is not bound fully to indemnify the Owner, no admission,
offer, promise of payment or indemnity shall be made by the Hirer without the
Owner’s consent in writing.
15. RE-HIRING ETC.
The plant or any part thereof shall not be re-hired, sub-let, or lent
to any third party without the written permission of the Owner.
16. CHANGE OF SITE
The plant shall not be moved from the site to which it was delivered
or consigned without the written permission of the Owner.
17. RETURN OF PLANT FOR REPAIRS
If during the hire period the Owner decides that urgent repairs to the
plant are necessary he may arrange for such repairs to be carried out on site
or at any location of his nomination. In that event the Owner shall be obliged
to replace the plant with similar plant if available, the Owner (but without
prejudice to any of the provisions of Clauses 9 and/or 13) paying all transport
charges involved. In the event of the Owner being unable to replace the plant
he shall be entitled to determine the Contract forthwith (but without prejudice
to any of the provisions of Clauses 9 and/or 13) by giving written notice to
the Hirer. If such determination occurs:
(a) within three months from the commencement of hire, the Owner (but without
prejudice to any of the provisions of Clauses 9 and/or 13) shall pay all transport
charges involved, or,
(b) more than three months from the commencement of hire, the Owner (but without
prejudice to any of the provisions of Clauses 9 and/or 13) shall be liable only
for the cost of reloading and return transport.
18. BASIS OF CHARGING
(a) The Hirer shall render to the Owner for each week an accurate statement
of the number of hours the plant has workedeach day. Where the plant is accompanied
by the Owner’s driver or operator, the Hirer shall sign the employee’s
Time Record Sheets. The signature of the Hirer’s representative shall bind
the Hirer to accept the hours shown on the Time Record Sheets.
(b) Full allowance will be made for breakdown periods resulting from mechanical
or electrical faults or absence of driveror operator supplied by the Owner except
where breakdown is due to acts or omissions of third parties and/or the Hirer’s
misuse, misdirection or negligence, subject however to the provisions of Clause
8 of this Agreement.
(c) Breakdown time in respect of such periods shall be allowed for not more than
8 hours Monday to Thursday and not more than 7 hours on Friday less the actual
hours worked.
(d) Plant shall be hired out either
(i) for a stated minimum number of hours per
day or per week or,
(ii) without any qualification as to minimum hours. Odd days at the beginning
and at the end of the hire period shall be charged pro rata.
(e) Stoppages due to changing of tyres
and repairs to punctures will be chargeable as working time up to a maximum of
2hours for any one stoppage and any excess will be charged for at the appropriate
idle time rates.
(f) In the case of plant which requires to be dismantled for the purpose of transportation,
if the Owner agrees to a modification of the hire charge for the period required
for assembling on site and dismantling upon completion of hire, such modification
of the hire charge and the period for which it shall apply shall be stated on
the Hire Contract.
19. PLANT HIRED ON A DAILY BASIS
WITHOUT QUALIFICATION AS TO HOURS
The full daily rate will be charged on a daily basis irrespective of
the hours worked except in the case of breakdown for which the Owner is responsible,
when the actual hours worked will be charged pro rata of the average working
day. No hire charge shall be made for Saturday and/or Sunday unless the plant
is actually worked.
20. PLANT HIRED BY THE WEEK OR
MONTH WITHOUT QUALIFICATION AS TO HOURS
The weekly or monthly rate shall be charged irrespective of the number
of hours worked, except in the case of breakdown for which the Owner is responsible
when an allowance pro rata of the agreed weekly rate or pro rata of the agreed
monthly rate will be made for each full working day broken down calculated to
the nearest half working day.
21. PLANT HIRED BY THE WEEK OR
THE HOUR FOR A MINIMUM OF 39 HOURS PER WEEK
If no breakdown occurs, the full hire for the minimum period in the
Contract will be charged and an additional pro rata charge will be made for hours
worked in excess of such minimum period. Allowance will be made for breakdowns
up to 8 hours except on Fridays when the allowance will be up to 7 hours providing
always that where the actual hours worked are in excess of the minimum period
less breakdown time, the actual hours worked shall be chargeable. Idle time for
this purpose shall be treated as actual working time. The minimum week of 39
hours shall be reduced by 8 hours Monday to Thursday and 7 hours Friday for each
day’s statutory holiday occurring in such week, provided that the plant
does not work on the holiday.
22. “ALL-IN” RATES
Where “All-In ” rates are charged by agreement the minimum
period shall be as defined in the Contract and in accordance with the hire rates
and terms contained therein, subject to the provisions of Clause 26.
23. COMMENCEMENT AND TERMINATION
OF HIRE (TRANSPORT OF PLANT)
(a) The hire period shall commence from the time when the plant leaves
the Owner’s depot or place where last employed and shall continue until
the plant is received back at the Owner’s named depot or other agreed location
but an allowance shall be made of not more than one day’s hire charge each
way for travelling time. If the plant be used on day of travelling, full hire
rates shall be paid for the period of use on that day. If more than one day be
properly and unavoidably occupied in transporting the plant, a hire charge at
idle time rates shall be payable for such extra time, provided that where plant
is hired for a total period of less than one week, the full hire rate shall be
paid from the date of despatch to the date of return to the Owner’s named
depot or other agreed location.
(b) An allowance of not more than one day’s travelling time shall be allowed
when the plant is travelling to a site other than that specified in the Contract
provided that:
(i) consent to such transfer has been given by
the Owner under Clause 16, and,
(ii) the plant is moved by means other
than under its own power, and,
(iii) the plant shall have been on the
site specified in the Contract or on any other site to which consent to transfer
has been given under Clause 16 for a period of at least 14 days.
24. NOTICE OF TERMINATION OF CONTRACT
Where the period of hire is indeterminate or having been defined becomes
indeterminate the Contract shall be determinable by seven days notice in writing
given by either party to the other except in cases where the plant has been lost
or damaged. Notwithstanding that the Owner may have agreed to accept less than
7 days notice of termination, the Hirer’s obligations under Clause 13 shall
continue until the plant is returned to the Owner in accordance with Clause 31
or until the Owner has collected the plant within the 7 days following the acceptance
of short notice. Oral notice given by the Hirer to the Owner’s driver or
operator shall not be deemed to constitute compliance with the provisions of
this Clause.
25. IDLE TIME
When the plant is prevented by prolonged inclement weather from working
for a complete week, the charge shall be two thirds of the hire rate or such
other idle time rate as is stated in the Offer. If the plant works for any time
during the guaranteed hire period then the whole of that guaranteed minimum period
shall be charged as working time. In any case no period less than one day shall
be reckoned as idle time save for as provided for in clause 18(e). Where an “All-In ” rate
is charged, idle time is charged on the machine element only. Full rate will
be charged for the operator.
26. WAGES AND OTHER CHARGEABLE
ITEMS RELATING TO DRIVERS AND OPERATORS OF PLANT
All chargeable items shall be paid by the Hirer at the rates contracted
save that any subsequent increases before and/or during the hire period arising
from awards under any wage agreements and/or from increases in the employer’s
statutory contribution shall be charged as additions at cost by the Owner and
shall be admitted and paid by the Hirer.
27. TRAVELLING TIME AND FARES
Travelling time and fares for drivers, operators and any person supplied
by the Owner, similar expenses incurred at the beginning and end of the hire
period and where appropriate return fare of the driver, operator and any person
supplied by the Owner to his home will be chargeable at cost. No charge shall
be made by the Owner for any such expenses incurred by other employees of the
Owner for the purpose of servicing, repair or maintenance of plant, unless necessitated
by the Hirer’s negligence, misdirection or misuse of the plant.
28. FUEL, OIL AND GREASE
Fuel, oil and grease shall, when supplied by the Owner, be charged at
net cost or an agreed estimate of net cost, and when supplied by the Hirer, shall
be of a grade or type specified by the Owner.
29. SHARPENING OF DRILLS/STEELS
ETC.
The cost of re-sharpening shall be borne by the Hirer.
30. OWNER’S NAME PLATES
The Hirer shall not remove, deface or cover up the Owner’s name
plate or mark on the plant indicating that it is his property.
31. TRANSPORT
The Hirer shall pay the cost of and if required by the Owner, arrange transport
of, the plant from the Owner’s depot or other agreed location to the site
and return to named depot or other agreed location on completion of the hire
period.
32. GOVERNMENT REGULATIONS
The Hirer will be responsible for compliance with relevant regulations
issued by the Government or Local Authorities, including regulations under the
Factories Acts, Health and Safety at Work Act etc and observance of the Road
Traffic Acts should they apply, including the cost of Road Fund Licences and
any insurances made necessary thereby, save that if and during such time as the
plant is travelling, whether for full or part journey from Owner to site and
site to Owner under its own power with a driver supplied by the Owner, the Owner
and not the Hirer shall be responsible as aforesaid.
33. PROTECTION OF OWNER’S
RIGHTS
(a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part
with possession of or otherwise deal with the plant except as provided under
Clause 15 and shall protect the same against distress, execution or seizure and
shall indemnify the Owner against all losses, damage, costs, charges and expenses
arising as a direct result of any failure to observe and perform this condition
except in the event of Government requisition.
(b) If the Hirer make default in punctual payment of any sum due to the Owner
for hire of 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 becomes insolvent within the meaning of Section 113 of
the Housing Grants, Construction and Regeneration Act 1996 or any amendment or
reenactment thereof for the time being in force; or shall do or cause to be done
or permit or suffer any act or thing whereby the Owner’s rights in the
plant may be prejudiced or put into jeopardy, this Contract may forthwith be
determined by notice from the Owner to the Hirer (notwithstanding that the Owner
may have waived some previous default or matter of the same or a like nature).
The Contract shall thereupon be deemed determined by reason of the Hirer’s
breach and it shall 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 affect
the right of the Owner to recover from the Hirer any monies due to the Owner
under the Contract or any of the Owner’s rights and remedies. In particular,
without limitation, the Owner shall be entitled to claim the hire charges outstanding
as at the date of determination of the hire under this clause, return transport
charges under clause 31, and damages for the Hirer’s actual or deemed breach
of the Contract under this Clause.
34. CHANGES IN NORMAL WORKING
WEEK
The foregoing provisions have been framed upon the basis of the Hirer
working a 5-day week of 39 hours; it is hereby agreed that in the event of:
(a) there being any change in the normal weekly hours in the industry in which
the Hirer is engaged or,
(b) the Contract being made with reference to a 5 day week of other than 39 hours.
Clauses 1(d) and (e), 18(c) and (d), 20 and (in regard to breakdown allowance
and reduction for statutory holidays) 21 shall be deemed to be modified conformably
and in the event of an alteration in the normal weekly working hours in the said
industry the “Hire Rates and Terms ” of plant hired for a minimum
weekly or daily period shall be varied pro rata.
35. DISPUTE RESOLUTION
(a) If the original site is in England or Wales, the proper law of the
Contract shall be English law. If the original site is in Scotland, the Contract
shall in all respects be construed and operated as a Scottish contract, and shall
be interpreted in accordance with Scots law. If the original site is in Northern
Ireland, the proper law of the Contract shall be Northern Ireland law.
(b) The Scheme for Construction Contracts contained in the Scheme for Construction
Contracts (England and Wales)Regulations 1998, or any amendment or re-enactment
thereof for the time being in force, shall apply to the Contract. The person
(if any) specified in the Contract to act as adjudicator may be named in the
Offer. The specified nominating body to select adjudicators shall be the Construction
Plant Hire Association acting by its President or Chief Executive for the time
being. In paragraph 21 of the Scheme “this paragraph ” shall be deleted
and “paragraph 20 ” substituted.
(c) The Owner and the Hirer shall comply forthwith with any decision of the adjudicator;
and shall submit to summary judgment and enforcement (and/or, under Scots law,
shall consent to a motion for summary decree and submit to enforcement) in respect
of all such decisions; in each case, without any defence, set-off, counterclaim,
abatement or deduction. Where, under Scots law, the Owner, the Hirer, or the
adjudicator, wishes to register a decision of the adjudicator for execution in
the Books of Council and Session, any other party shall, on being requested to
do so, forthwith consent to such registration by subscribing the decision before
a witness.
SUPPLEMENTARY CONDITIONS APPLICABLE
TO MOBILE AND CRAWLER CRANES TO BE READ IN CONJUNCTION WITH THE CPA MODEL CONDITIONS
FOR THE HIRING OF PLANT
EXPLANATORY NOTE: The
purpose of these Supplementary Conditions is, partly, to raise awareness of the
Hirer's responsibilities under B S Code of Practice 7121 for the Safe Use of
Cranes and partly to define contractually the extent of the Owner's and Hirer's
responsibilities as between themselves. BS 7121 makes it clear that the Hirer
is in overall control of the lifting operation and has responsibility for providing
a suitably trained and experienced "appointed person" to ensure adequate
supervision of the operation. The Owner's responsibility is limited to providing
a competent driver and a crane that is properly maintained, inspected, tested
where necessary, examined and certificated. It is a specific recommendation
of BS 7121 that where the Hirer does not have the expertise
to carry out the lifting operation he should employ the Owner or another competent
organisation to undertake the work on a "Contract Lift" basis.
1. DEFINITIONS AND PRIMACY
1.1 These Supplementary Conditions Applicable to Mobile and Crawler
Cranes shall be referred to as the "Crane Supplementary Conditions" and
the CPA Model Conditions for the Hiring of Plant 2001 shall be referred to as
the "CPA Conditions".
1.2 Unless the context suggests otherwise words and terms in the Supplementary
Conditions shall have the same meaning as in the CPA Conditions.
2. PLANNING, SUPERVISING,
SLINGING, HANDLING
2.1 In order to comply with the requirements of the Lifting Operations
and Lifting Equipment Regulations 1998 (SI 1998 No. 2307) and BS 7121 the Hirer
is responsible for planning, supervising and controlling the lifting operations,
including the preparation and distribution of risk assessments, method statements
and for the safe slinging of the goods to be lifted or handled.
2.2 If advice or information is sought from and given by any person supplied
by the Owner, the Hirer understands and accepts that such advice or information
is given without responsibility and not to relieve or reduce the Hirer's requirement
to make his own independent assessment as outlined above.
3. INSURANCE
3.1 The Hirer shall take out and maintain insurance against any and
all liabilities the Hirer might incur under the Contract provided the same is
commercially available. The Owner reserves the right to require confirmation
that the Hirer is complying with its insurance obligations.
3.2 Without prejudice to the Hirer's insurance obligations, the Owner and
the Hirer may agree that the Owner shall insure against certain specified liabilities
or losses of the Hirer in which case the Owner shall be entitled to charge the
Hirer. Such insurance shall be subject to exclusions and excesses.
4. LIMITATION OF LIABILITY
4.1 Without prejudice to the terms of clause 12 of the CPA Conditions,
the Owner shall have no liability in respect of any damage including but not
limited to:
• any goods or other thing lifted or to
be lifted;
• any surface or subsurface features
such as underground services;
• any above ground structures, including
any overhead cables, overhanging or protruding things which might result from
the travelling, positioning or working of the crane or of any support vehicle.
5. CRANE CAPACITY
5.1 In the event that the Contract specifies a particular type of crane
or support vehicle the Owner reserves the right to supply a suitable alternative
crane or support vehicle to that specified. Acceptance of the crane or support
vehicle on site shall be acceptance of the variation of the Contract in respect
of the crane or support vehicle supplied.
6. PROVISION OF LIFTING GEAR
6.1 If requested and specified by the Hirer in advance, the crane will
be provided with specific certificated lifting gear, subject to availability
and at additional cost. The Owner accepts no responsibility for loss or delay
should the lifting gear prove unsuitable.
7. GROUND CONDITIONS
7.1 Without prejudice to the terms of Clause 7 of the CPA Conditions
the Hirer shall be entirely responsible for the preparation and maintenance of
any ground upon which the crane or support vehicles will travel over or from
which they will operate. The Hirer shall be fully liable to the Owner for any
damage to the crane or support vehicle caused by ground conditions and shall
indemnify the Owner and hold the Owner harmless against any liability, expense,
loss or damage caused by ground conditions.
8. TRAVELLING, ERECTION AND DISMANTLING
8.1 Any time spent setting up, transporting and moving the crane and
support vehicles, erecting and dismantling the jibs and transporting additional
jibs sections or ballast is payable by the Hirer to the Owner at the rate specified
in the Contract. The Hirer shall also allow the Owner, or any representative
of the Owner, free and unrestricted access to the crane and support vehicles
and to all areas of their operation.
8.2 Insofar as the Hirer's use of the crane will require any licence, permission
or authorisation from any private or public body or government or Local Authority
or the giving of notice to any such body, Government or Authority then the obtaining
of any such licence, permission or authorisation, or the giving of any such notice,
shall be the entire responsibility of the Hirer, who must ensure that sufficient
notice is given to the owner to guarantee compliance with Movement Regulations.
This responsibility extends to ensuring that the site is clear of all obstructions
and that traffic management arrangements are set up and operated correctly. Where
the Owner is required to obtain such licence, permission or authorisation or
to supply traffic management on the Hirer's behalf a charge will be added.
8.3 Subject to Clause 25 of the CPA Conditions the Hirer shall be liable to the
Owner for the agreed fees and charges regardless of any change in the Hirer's
circumstances or the circumstances affecting the use to which the Hirer intends
or intended to put the crane or support vehicle and any decision to accept a
cancellation or variation of the Contract in any respect shall be at the Owner's
full and entire discretion.
COMPETENCE AND NEGLIGENCE
9.1 For the avoidance of doubt, the reference to "a person competent
in operating the plant" at Clause 8 of CPA Conditions is to a person who
has appropriate qualifications, training and experience to operate the plant.
Whilst a careless act or omission on that person's part may indicate negligence
it does not of itself constitute incompetence. Incompetence arises only if that
person is not aware of the consequences of their behavior.
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