Terms & Conditions
Terms & Conditions of Hire
1. Definition
In these terms and conditions:
(a) "Agreement" means the Agreement overleaf and incorporates these Terms and Conditions of Hire.
(b) "Crane" means the Crane hired by the Owner to the Hirer (whether the original crane or any substitute) and includes all accessories and other equipment of the Owner attached to the Crane or to be used in connection with it. For the purpose of this agreement the Crane shall be deemed to be the property of the Owner whether such is the fact or not.
(c) "Hirer" means any person, corporation or other entity hiring Equipment and Services, their agents and employees, successors, assigns or any person acting on behalf of that person, corporation or entity.
(d) "Owner" means Atlas Cranes Northland Limited and includes its successors and assigns.
(e) "Services" means the supply of services, equipment or advice by the Owner to the Hirer including, without limitation, the hire of Cranes, transport, labour hire, and any fee or expense associated with the supply of such services.
(f) "Site"means the place or area where the crane is to be operated for the purposes of this agreement.
2. Warranty and Acceptance
The Hirer acknowledges that the Owner has entered into this Agreement on the basis of information supplied to the Owner by the Hirer and warrants that this information is accurate. Acceptance by the Hirer of the Crane shall be deemed to be acceptance of the terms of this agreement.
3. Full Hire
Subject to any provision to the contrary in this Agreement or in writing signed by both parties this Agreement is a full-hire agreement. This means that the Owner provides the Crane operator, fuel and oil for the Crane and attends to everyday running repairs.
4. Slings
The Owner will supply its standard selection of slings and lifting equipment but accepts no responsibility for loss or delay if these are found to be unsuitable for the purpose required. All slings and ancillary equipment shall be used by the Hirer at the sole risk of the Hirer. The Owner does not accept responsibility for the correct use of slings or lifting equipment or for the method of slinging. If any slings or lifting equipment being the property of the Owner shall be destroyed or damaged, the Hirer shall pay to the Owner the costs of replacement or repair (as the case may be) resulting from that destruction or damage.
5. Site Conditions and Access
(a) The Hirer will ensure:
(i) That the ground at the Site is adequate to support the Crane under its wheels, tracks and/or outriggers.
(ii) That the ground giving access to the Site is stable and firm and of a gradient no steeper than 1 in 10.
(iii) That clearance of 4 metres is afforded in respect of all overhead wires and that footpaths, kerbs and channels are suitably planked.
(b) Should the crane need to be towed into or out of the Site, the cost shall be additional to the rate quoted and will be to the Hirer's account.
6. Use and handling of Crane
(a) Notwithstanding Clause 3 above, and whilst on Site, the Crane operator shall be under the sole direction and absolute control of the Hirer who shall be responsible for all of the operator’s acts or omissions and, the Operator shall for all purposes of this agreement and the provision of the Services be regarded as the servant or agent of the Hirer.
(b) The hirer shall not:
(i) Require, permit or suffer the Crane operator to do anything contrary to any Act, regulation by-law, requirement code of practice or recognised convention or that would breach this Agreement, the Crane operator's employment duties, or that would pose any sort of danger to people or property on or around the Site.
(ii) Allow any other person to operate the Crane without first obtaining the written consent of the Owner.
(iii) Permit or suffer the operation or direction of the Crane by any person who by reason of intake of drink or drugs has his or her faculties impaired.
(iv) Use or permit the use of the crane to lift any load which is beyond the rated lifting capacity of the crane or for any purpose other than for which it is hired pursuant to this Agreement.
(c) The Owner reserves the right to provide a supervisor to the Site if the Owner in its sole discretion considers it necessary. If the Owner does so the charges payable by the Hirer shall be increased accordingly.
(d) The Hirer warrants that the weight of the object or objects to be lifted in any one lift and the radius of the proposed lift (measured from the radial point of the Crane) will not be exceeded at any time. Where the weight of the lift approximates the maximum lifting capacity of the Crane, the Owner reserves the right to have the weight of the proposed load confirmed on a certified weighbridge with the associated costs being additional to the rate quoted and being to the Hirer’s account.
(e) Where the Hirer has understated the weight or dimensions of the goods to be lifted by the crane and the Owner has relied on the weight, dimensions or the working radius stated, the Hirer shall be responsible for all extra cost and risk incurred by the Owner by reason of the Owner’s reliance upon such stated weight, dimensions or working radius.
(f) The Hirer shall be responsible for all loss or damage whatsoever caused while the Crane is entering, leaving or on the Site, including the cost of repairs suffered or incurred by the Owner in consequence of any breakdown or damage to the crane where such breakdown or damage is caused by any negligent act or omission or misdirection or misuse of the Crane on the part of the Hirer or the Hire’s servants, agents, contractors or subcontractors and in particular shall be responsible for the payment of hire at the appropriate negotiated rate during the period the Crane is necessarily idle as a result of any such negligent act or omission or misdirection of misuse of the Crane.
(g) The Hirer will provide the Crane operator clear and unanbiogious instructions and directions for all services provided by the Crane operator while the Crane is being used on the Site.
(h) While the Crane is on site, the Owner shall not be liable to the Hirer for the Crane operator’s acts or omissions, nor shall the Owner be liable for any damages whether direct, indirect or consequential of whatever nature caused to the Hirer or any other third party caused by the Crane operator’s acts or omissions.
(i) The Hirer acknowledges that the Owner shall not be liable or responsible to the Hirer, the Hirer’s agents, principal, or any third party for any direct or consequential loss or damage suffered by the Hirer or any other party due to the stoppage or delay by a cause beyong the Owners control, including withoutlimiation, weather conditions, ground suitability, and strikes, regardless of the cause. The Hirer agrees to indemnify and hold the Owner harmless against any claims made by third parties arising from the hire and use of the Crane.
(j) The Crane operator may refuse to operate the Crane if they believe any directions or control requested by the Hirer may affect the safety of people, property or the Crane.
7. Limitation of Liability
(a) The Owner accepts no responsibility for loss or damage to goods being handled by the Crane or damaged by the Crane however caused during the period of hire except for the loss damage arising out of any negligent act or default by the Owner.
(b) Where the Hirer is in trade (as defined in the Consumer Guarantees Act 1993) the Hirer agrees that it is acquring the Services in trade and that the provisions of the Consumer Guarantees 1993 do not apply to this Agreement nor the provision of the Services by the Owner.
(c) the Hirer is in trade (as defined in the Fair Trading Act 1986) the Hirer agrees that it is acquring the Services in trade and the parties contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986.
(d) Notwithstanding anything else expressed or implied in this Agreement and except where a statute requires otherwise, the Owner shall not be liable to the Hirer for:
(i) any injury to persons or damage to property arising out of or resulting from the use of the Crane whether directly or indirectly; or
(ii) any direct, indirect, consequential, financial or economic loss or damage to property arising out of or resulting from the use of the Crane whether directly or indirectly; or
(iii) any direct, indirect, consequential, financial or economic loss or damage in contract or in tort such as, but not limited to, loss of profits, costs of capital arising in any way whether as a resultof negligence on the part of the Owner or its employees, agents or contractor or otherwise arising out of or resulting from the use of the Crane whether directly or indirectly.
(e) To the extent that the Owner is liable for any reason for any loss suffered or liability incurred by the Hirer arising from any breach of this Agreement or for any other reason, such liability is to the maxiumum extent permitted by law limited to the price of the Services concerned.
(f) The Owner does not guarantee that the Crane or any other equipment supplied by the Owner is fit for purpose, appropriate or adequate for any job requested by the Hirer.
8. Damage to Services and Property
The Hirer shall be solely responsible (as between the Hirer and the Owner) for all damage to the Site or any property located on the Site, including without limitation, cracking or damage to concrete driveways, carpakrs, footpaths, grass areas, overhamging tress,underground and overhead services,, fences, structures, vehicles or any other property whatsoever caused by the Hirer or the Crane during the period of the hire and the Hirer will indemnify the Owner against any liability that the Owner incurs or suffers in relation to the same.
9. Risk
The Hirer shall not do or permit or suffer to be done anything in connection with the Crane or its use whereby any policy or policies of insurance affected in connection with the Crane or its use may become void or voidable or whereby the premiums thereon may be increased.