Wallington's WRG Conditions of Hire

Conditions of Hire

  • The Hirer agrees to pay all hire charges as Invoiced by the Owner until goods are returned to the premises listed above and signed for.
  • The Hirer shall not hold the Owner liable in any way for any injury to any persons or damage to property arising from the use of the equipment however caused.
  • Failure by the Hirer to meet any of the above conditions, the Owner has the right to terminate the hire and recover the equipment hired.

Late Return of Equipment

  • If the Hirer returns the Equipment to the Owner’s premises after the end of the Hire Period, the Customer will be charged a minimum of an additional half day hire or an additional full day hire, depending upon the time of return. The Customer will remain liable to be charged for the Equipment until it is returned to the Owner.  

Customer’s Hire Obligations

  • Possession and Use by Customer: The Hire Agreement is personal to the Customer and the Customer will not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time during the Hire Period.
  • Suitability: The Customer agrees that before accepting the Equipment it has satisfied itself as to the suitability, condition and fitness for purpose of the Equipment.
  • Operation of Equipment: The customer warrants that at all times it will:
    • operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturers instructions;
    • ensure persons operating or erecting the Equipment are suitably instructed / trained in its safe and proper use and where necessary hold a current Certificate of Competency and be licensed to use it;
    • return the Equipment to the Owner in the same good and clean condition in was in when the Customer received it, ordinary fair wear and tear are excluded. If the Customer fails to clean the Equipment, the Owner will charge the cleaning cost to the customer;
    • display, maintain all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment;ensure all persons operating the Equipment wear suitable clothing and protective equipment as required or recommended by the manufacturer or by the Owner;
    • ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
    • conduct a job safety analysis prior to using the Equipment at a site;
    • accept responsibility for the safe-keeping of and insuring the Equipment during the Hire Period;
    • comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.

Operator

  • If the Owner supplies an operator to operate the Equipment (“Operator”), the Operator will be under the sole direction and control of the Customer and will during the Hire Period be deemed to be the employee of the Customer and the Customer will not allow any other person to operate the Equipment without the Owner’s prior written consent.

Cleaning and Maintenance:

The Customer must:

  1. clean, fuel, lubricate and maintain the Equipment in good condition and in accordance with the manufacturer’s and the Owner’s instructions at the Customer’s cost, and
  2. not in any way alter, modify, tamper with, or repair the Equipment without the Owner’s written consent.

Safekeeping

  • The Customer must ensure that during the Hire Period the Equipment is stored safely and securely and is protected from theft, seizure or damage.

Alteration and Identifying Marks

  • The Customer must not alter, deface, remove or erase any notices, safety information, identifying mark, plate or number on the Equipment.

Safe Loading and Transport

  • The Customer will ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. The Customer and any transporting contractor will observe any safety directions advised by the Owner and/or manufacturer of the Equipment for its loading and safe handling.

Equipment Breakdown

Obligations of Customer: In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period the Customer will:

  1. immediately stop using the Equipment and notify the Owner;
  2. take all steps necessary to prevent any further damage to the Equipment, and
  3. not repair or attempt to repair the Equipment without the Owners written consent.

Obligations of the Owner: In the event that the Equipment breaks down or becomes unsafe to use through no fault, negligence, recklessness or misuse  by the Customer, the Owner will:

  1. take all steps necessary to repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by the Customer;
  2. not impose a hire charge for that portion of the Hire Period for which the Equipment was broken down or unsafe, nor the costs associated with any repair or replacement of the Equipment, and
  3. not be liable for any expenditure, damages, loss or inconvenience incurred by the Customer arising from a break down of Equipment, however so caused.

Lost, Stolen or Damaged Equipment

The Customer is responsible for the Equipment and its attached tools and accessories whilst on hire until the Equipment is collected by the Owner, or returned to the Owner by the Customer. If the Equipment is lost, stolen or damaged during the Hire Period the Customer will be liable for:

  1. any costs incurred by the Owner in repairing or the new replacement cost of the Equipment, and
  2. any other costs whatsoever incurred by the Owner as a result of the loss, theft or damage to the Equipment, including the continuation of hire charges when the damages were caused by the negligence or act or omission of the Customer.