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TERMS AND CONDITIONS OF HIRE

THE HIRER SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION.

In the following conditions, Setar Ltd, their sub-Contractors and Agents, are referred to as ‘SES’.

  • CONDITIONS. SES will submit a written quotation which the Hirer shall accept in writing; the absence of such written quotation of acceptance, however, shall not invalidate the contract, all work quoted for and undertaken by, or goods hired from SES shall be subject to these terms and conditions and the Hirer by authorising or allowing work to proceed or goods to be delivered, is deemed to have confirmed the contract and to have accepted these terms and conditions.
  • PERIOD OF HIRE. The period of hire is understood to mean a period of which the generators, space heaters or electrical equipment is required to be ready for use.
  • SITE. The hire charges are based on the assumption that the site is flat, level, firm ground with easy access for motor transport, with safe storage facilities for equipment hired overnight. The hire charges do not include any making good or repair of damage to site. Special rates will be chargeable for the hire of equipment on sites not conforming to the above requirements, or for delivery of goods other than on ground level. The Hirer shall provide the contractor with a plan (or photograph) showing the position in which the equipment is to be placed or shall have a representative on site for that purpose, and in the absence of both the contractor, having placed the equipment where he thinks fit, shall be deemed to have completed the contract.
  • HIRE CHARGES. SES reserves the right to vary the quoted hire charges in the event of any increase taking place before, or during, the period of hire in the cost of labour, materials or transport.
  • PAYMENT. All Hire charges are payable in full 7 days prior to delivery or strictly cash or proven bank transfer on delivery date unless otherwise agreed at the time a contract is made. SES reserves the right to charge a deposit to cover part or the whole of the value of the property and equipment hired. No receipt will be recognised unless on the SES official form. An agreed deposit will secure the Hire Order and confirmation will be issued to this nature.
  • LOSS OR DAMAGE. The Hirer will be responsible and will indemnify SES against any loss or damage whatsoever the cause. The Hirer will remain responsible and indemnify SES against any damage or loss caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the hired equipment by the Hirer. The Hirer accepts full liability to SES for the loss or any damage to the hire equipment for the duration of the hire contract. When the Plant is not returned or is returned incomplete the liability of the Hirer shall only cease when the Hirer pays to SES the manufacturer’s current list price for the missing or incomplete item of Plant. In the event that Plant is manufactured to SES’s design the cost of the missing or incomplete item is the current price charged by SES to a customer who wishes to purchase that item of Plant. The Hirer agrees to pay to SES all costs incurred by SES in rectifying the condition of the Plant if it is returned damaged, unclean or incomplete. Hire charges will continue until such rectification is complete.
  • LIABILITY TO THIRD PARTIES. The Hirer will indemnify SES against all claims for injury to persons or loss of, or damage to property howsoever caused, unless proof be provided that such injury or damage was caused by faulty materials or workmanship or negligence on the part of SES.
  • DELIVERY AND COLLECTION. SES shall use reasonable effort to deliver the equipment to the agreed delivery location(s) at the agreed time, on the date or within the period specified on the hire order. If SES is unable to deliver or collect equipment on arrival at the location(s) on the due date, additional delivery or collection charges may apply.
  • OPERATING EQUIPMENT. SES will provide instructions for operating the equipment and the cost thereof is included in the hire charges.
  • CONSEQUENTIAL LOSSES. SES shall not be liable for any consequential expenses, liabilities, losses, claims or proceedings whatsoever caused by, or arising out of, late delivery, non-delivery, unsuitability or repossession of the plant, or any breakdown or defect in the plant.
  • ATTENDANCE. The hire charges do not include attendance at the event by any employees of SES, except during the actual process of positioning and setting up equipment.
  • FORCE MAJEURE. While every effort will be made by SES to carry out any order accepted, the full performance of it is subject to variation or cancellation by SES consequent upon act of God, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions on the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of SES. In the event of frustration of the contract due to any of the above causes the contract shall be deemed to be complete and on SES giving notice to that effect the Hirer shall be liable to indemnify SES and pay them a sum equivalent to the aggregate of the costs incurred by SES in labour and materials sub-contracts and incidentals up to the date of the notice, plus 10%.
  • INSURANCE. The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the Plant, unless otherwise pre-arranged with SES. The Hirer shall produce on demand to SES a copy of the policy or policies. The Hirer shall hold on trust for SES all policy proceeds in or towards satisfaction of the Hirer’s obligations under paragraph 6 above. If the Plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to SES by telephone and confirmed in writing. The Hirer shall not admit any liability or compromise any claim relating to the Plant without the consent in writing of SES. Where insurance is arranged by SES, the Hirer shall remain responsible for any policy excess in the event of a claim.
  • CANCELLATION OR PREMATURE TERMINATION OF CONTRACT. If the Hirer cancels the booking within 3 weeks of the hire date the Hirer will be liable for the full amount of the hire charge. If the Hirer cancels before 3 weeks of the hire date, the deposit charge will be forfeited. In exceptional circumstances this amount may be varied at SES’ discretion.
  • RIGHT OF ACCESS. The hirer shall allow SES access to the plant at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.