Definitions
“Supplier” means Leasium Ltd and includes its successors and assigns.
“Hirer” means the company, firm, business, person, corporation or public authority taking equipment on hire from the Supplier and includes their successors and assigns.
When the Contract Comes Into Being
The Contract shall come into being between the Hirer and the Supplier when the Hirer has placed an order that details their requirements and thereby agrees to be bound by these Conditions, and the Supplier has received or accepted the order. Placing an order may be verbal, written, signed or unsigned and may include the provision of the Hirer’s purchase order number.
Responsibilities of the Hirer and Person Making the Contract
The person making the Contract (the “agent”) warrants that they have the authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred if this is not the case.
The agent and Hirer jointly and severally undertake to ensure that no one uses the Equipment who is not properly instructed in its safe and proper operation, and to ensure that every user is in possession of any instructional material supplied by the Supplier. The Equipment must not be misused.
Basis of Charging
The Hirer will pay the hire charges and any other charges set out in the Contract in accordance with the stated payment terms. Hire charges commence from the time or events stated in the Contract and continue during the hire period until the Equipment is treated as off-hire, pending collection by the Supplier or until returned in a clean and serviceable condition with a receipt from the Supplier.
Unless otherwise agreed, all time is chargeable, including weekends and bank holidays.
When Signature for Receipt of Equipment Becomes Effective
Where the Hirer or their agent signs for receipt of Equipment before the Equipment is physically handed over (for administrative convenience), the signature becomes effective only immediately after the physical handover and inspection of the Equipment.
Responsibility of the Hirer
The Hirer’s responsibility for the Equipment starts upon receipt by the Hirer or their agent or, in their absence, upon delivery as requested. This responsibility ends only when the Supplier issues an unqualified receipt for all Equipment.
Personnel Supplied
When a driver, operator, or other personnel is supplied by the Supplier:
The person will be competent in operating the plant or task as identified by the Hirer prior to the date of the contract.
Such persons are under the sole direction and control of the Hirer at all times.
The Hirer is responsible for providing and maintaining all necessary Risk Assessments and Method Statements.
Personnel must not operate any plant other than what was identified by the Hirer, unless the Supplier gives written permission.
For all purposes in connection with their work, these persons are deemed to be servants or agents of the Hirer, who is responsible for any claims arising from their work.
Insurance & Responsibility for Lost, Stolen or Damaged Equipment
The Hirer agrees to:
Pay the full replacement cost of any Equipment that is lost, stolen, or damaged beyond economic repair.
Insure the Equipment on this basis and produce evidence of insurance if required by the contract.
All monies received from insurance claims or other sources related to Equipment loss, theft, or damage must be held in trust by the Hirer and paid to the Supplier upon request.
Delays or issues with the Hirer’s insurance policy will not affect the Supplier’s right to full replacement value.
Non-Returned, Lost, Stolen, Damaged or Unclean Equipment
The Hirer accepts full responsibility for the care, safekeeping, and return of the Equipment in good order.
The Hirer will:
Pay all costs incurred by the Supplier for rectifying damaged, unclean, or not properly dismantled Equipment.
Pay a charge equating to lost earnings (“idle time”) while the Equipment is out of service. This is calculated at two-thirds of the weekly hire rate or another agreed idle time rate.
Rights of Access
The Hirer authorises the Supplier to enter any land or premises where the Equipment is located, to inspect, test, repair, replace, or repossess the Equipment as the Supplier deems necessary.
Rights Reserved
Failure by the Supplier to enforce any or all of these Conditions shall not be construed as a waiver of any of the Supplier’s rights.
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