Conditions of Hire

1. The hirer shall pay to the company’s address the rental computed from date upon which the company completes delivery of the equipment and continuing until either party shall give to the other notice terminating the hire. After the expiration of the initial hire period, rental shall be on a weekly basis.
2. All rental and other charges are strictly net and save as set out below are payable with fourteen days from the date of the invoice. If not paid within the period specified, the company may charge interest thereon at the rate of ten centum per annum computed from the date upon which the sum became due as aforesaid until payment of same, such interest being agreed liquidated damages by way of compensation for delay in payment and not by way of penalty.
3. Delivery of the equipment in clean and good condition and proper working order shall as against the hirer, be deemed to be as per order and invoice unless notice specifying any discrepancy or defect is given to the company within seven days of the date of invoice. The hirer shall keep the equipment in clean and good condition and proper working order and the company shall not be responsible at all in respect of any claims, demands or causes of action of whatsoever cause or nature which may arise out of the use of equipment or as a result of any defect therein or its being on site.
4. The hirer shall give precise instructions to the company as to the site and as to the location on site he requires the equipment to be installed. If the equipment is to be removed to another site or repositioned, this shall be carried out by the company at the hirer’s cost unless the hirer proves to the company satisfaction that the equipment was installed contrary to instructions. The hirer shall pay all charges due to any statutory body or authority incidental to any such removal or re-positioning.
5. The hirer shall not sell, offer for sale, assign, mortgage, pledge, under let, lend, permit any lien to exist over, encumber, charge or dispose of the equipment or his interest under this Contract in any way without the prior written consent of the owner. The hirer shall not remove or re-locate the equipment from or on the site without the prior written consent of the company.
6. So long as the equipment shall remain on site the hirer shall be liable for any damage to or loss of the equipment from any cause whatsoever including theft, storm, tempest, fire, act of God or other natural catastrophe but (save in the case of crossings) excepting fair wear and tear. Where the hirer is responsible for damage to equipment, the company may recover from the hirer as a debt due and payable the cost of repairing and/or replacing the same where this is, in the opinion of the company, necessary. The hirer shall further be liable to pay rental on a weekly basis until the equipment has been repaired and/or replaced.
7. The company may affix to the equipment, or any part thereof, such signs as he may desire indicating his ownership of the equipment. These shall not be removed, defaced, obliterated or covered over by the hirer and the company shall have free access at all times thereto for the purpose of maintaining same.
8. If any order be made for the sequestration of the hirer’s estate or if he shall enter into any composition or arrangement with his creditors, or being a company enter into liquidation (save for the purpose of re-construction and/or amalgamation) or in any way be in breach of the terms and conditions of this Contract on his part to be performed and observed the company may terminate this Contract at his option and re-take possession of all equipment hired and the hirer authorizes the company by his servants agents and employees to do all things and commit all acts which may be required for that purpose and that the company not be responsible for all or any claims, demands and causes of action of whatsoever kind or nature which may arise out of or as a result thereof. Any termination of this Contract shall be without prejudice to the rights of the company accrued prior to such termination.
9. Where the equipment comprises:-

A. Temporary electricity supply poles:

(i) the company shall-

1. make all necessary applications to the electricity supply authority to have electricity connected to site;
2. pay the said authority normal connection fee;
3. deliver, install and when required, remove the said poles;
4. pay on behalf of the hirer all charges made by the said authority for supplying electricity to site.

(ii) The hirer shall reimburse the company for all charges referred to in clause 9A(i)4 hereof within seven days from the date of invoice from the company to the hirer covering same.

(iii) The company shall not be liable for any act of default of the said supply authority nor shall he be under any responsibility to ensure that the meter readings made by the supply authority are correct and accurate.

B. Temporary sheds, toilets and ablution blocks

(i) The company shall deliver, install and remove same as required;

(i) The equipment will be delivered clean by the owner and the owner may charge the hirer a cleaning fee at the completion of the hire if the equipment is returned and requires cleaning.