1. The hirer hereby expressly warrants that he / she is aware that it shall at all times remain his / her responsibility to ensure that the return of the equipment to the business
2. Interest at the rate of five (5%) percent per month or part thereof shall accrue on any monies due to the business of the hirer.
3. This agreement to hire may be terminated by the business at any time by notice in writing posted to the address of the hirer shown on the surface of this document. The business shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing in the event of cancellation of this agreement by the business pursuant to this paragraph, the company undertakes to refund, on a pro rata basis, such proportion of the periodic hire rate shall apply to the unused period of hire.
4. The business shall be entitled to retain out any deposit paid by the hirer such amounts as the business may, in its discretion, decide shall be sufficient to compensate the business for any loss, damage, or inconvenience occasioned to the equipment or the business pursuant to this agreement.
5. It is hereby agreed by the Hirer that if the business agrees to deliver the equipment to the Hirer at an agreed address that the delivery will be deemed to be completed when the equipment arrives at the external entrance to their delivery address. The business, its employees or agents may agree where practical and reasonable to assist to locate the equipment within the delivery address, however the hirer agrees to indemnify the business, its employees or agents from any claim of damages or injury that occurs to the premises, the Hirer or any other person involved in or incidental to the handling of the equipment or its subsequent use within the Hirer’s premises or any other location.
The hire acknowledges that:
The owner is not a general contractor but rather a hirer of equipment for reward and that agreement reflects that distinction;
This agreement comes into existence immediately upon and with effect from the hirer’s acceptance of the owner’s quotation for the charges but with retrospective effect from the quotation date.
QUOTATION
Quotations remain valid for thirty (30) days. The owner reserves the right to issue a new quotation or adjusted quoted price for any manifest error, and to make adjustment for any increase in cost of labour, materials or overheads after the expiration of thirty (30) days.
PERIOD
(1) Hire commences at the time, note by the owner, the Equipment departs the Owner’s ware house and ceases at the time, noted by the owner:
(2) The owner collects the Equipments; or the hirer delivery the Equipment to owner, and includes all time during that period including public, site non-working days and inclement weather or other events not due to the Owner’s default where equipment is unused.
(3) The hirer may terminate the hiring by so notifying the Owner’s office and obtaining from the owner a return instruction number. The owner’s records are deemed conclusive, in the absence of manifest error, as to the time of that notification, the details of the return instruction number and the time hire commence and concludes. The owner will issue an off hire receipt when the equipment is collected by the owner. The hirer should retain the receipt as evidence that the equipments has been returned. The hire authorizes the owner to deliver or collect the equipments and the hirer accepts the owner’s report as the quality and condition of the equipment delivered or returned.
(4) Ascend Access system scaffolding shall make every reasonable effort deliver the goods to the site at the specified time (if required) but shall not be liable to the hirer in any way for any delay in the delivery of goods
(5) The owner may terminate the hiring: Upon expiration of the initial hire period by giving three days notice; If the owner is to collect the equipment the hirer must: Give the owner 24 hours notice (before 4 pm Saturday to Thursday if an additional day’s hire is to avoid); Locate all the equipments in one secure location accessible to vehicles for collection. In order to calculate the charges: Part of a day is charged as full day; and A day is deemed to end at 4.00 p.m.
CHARGES
(1) The hirer must pay and agrees to pay: The charges; the cost of each call out to collect equipment from each location; for any damaged, lost, stolen or unreturned equipments ( whether or not resulting from the hirer’s or third party’s misuse or negligence ) until it is repaired and fit for rehire, or replaced , and for at the owner’s options, replacement cost. If the owner requires, the hirer must pay the owner’s estimate of reasonable repair costs prior to the repairs commencing;
Hire charges for lost goods continues until such time as the hirer notifies Ascend Access Scaffolding LLC that the goods or any part of it, is lost.
The hirer must pay all charges: with in 30 days of the owner’s invoice’s date, if the owner grants the hirer a credit account; or for the initial hire period:
HIRE’S OBLIGATION – THE HIRER
(1) Remains responsible for the equipment until collected by the owner.
(2) Must where the hirer erects the scaffolding warrant that the erection shall be carried out in accordance with the requirement of the law,
(3) Must pay ASCEND for any costs or damages which ASCEND may suffer or incur by reasons of the hirer’s failure to carry out his obligations here under;
– must ensure the foundation, or other surface, upon which the owner is asked to start erection are sufficiently firm and other wise suitable to carry safely equipment and any load to be put on it without subsidence and collapse;
-must use the equipment in a safe, proper way and ensure that equipment is used only by a person, or person qualified by law,
-must immediately notify the owner of any equipment damages, any defective operation of the equipment or any accident or event relating to the equipment, which may give rise to any claim for loss, damage or injury,
-must not in any way alter, add to, or tamper with, the equipment without, the owner’s prior written consent,
-must not shall, encumber, re-hire or deal with the equipment any manner, incorporate it into or make it a fixture to any building or move it from the site without the owner’s prior written consent, or in any way deny Ascend scaffold’s ownership of the goods.
EQUIPMENT
(1) All equipments remain the property of the owner and the hirer acknowledges that its use and possession of the goods is pursuant to these conditions.
(2)Risk in the goods passes to the hirer upon delivery from Ascend Scaffolds. The hirer acknowledges that the owner does not insure the equipment and that the hirer is solely responsible for theft or damage to the equipment and for third party loss or damage or injury resulting from the hirer’s fault.
(3) The hirer must fully and adequately insure the equipment in the joint names of the owners and the hirer against loss or damage and must effect and maintain any insurance necessary to insure full coverage against the other liabilities assumed by the hirer pursuant to this agreement. The hirer must provide to the owner proof of the currency of the insurance required to be affected by the hirer under this clause when requested to do so.
DEFAULT
The hirer acknowledges that the due and punctual payment of charges is a fundamental obligation of the hirer. If the hirer: fails to pay the charges by the payment date;
Breaches any provisions of this agreement;
Being an individual becomes bankrupt or being a corporation is subject to an order for winding up.
Ceases to be able to pay debts as they fall due, the hirer is deemed to be in default and hiring will terminate with immediate effect and hire here by authorizes Ascend scaffolds, its employees and agents to enter the hirer work place or premises to remove or recover the goods.
-the owner waivers of any default are not a waiver of any subsequent default. Terminations the hiring for default does not affect the owner’s right to recover from the hirer the charges or damages for breach for this agreement.
INDEMNITIES
The hirer indemnifies the owner against all actions, claims.
-demands, losses, damages, costs expenses which the owner may or but for this provision, would incur during or after the initial hire period or any subsequent hire period in respect of the provision of the equipment and the work by the owner, the owner entering the site; the hirer’s or any third parties use or misuse of the equipment; and breach by the hirer, its agents or employees of any provision of this agreement
HIRER AUTHORITIES
Any officer, employee or agent of the hirer who signs this agreement or any document in connection with it may be taken by the owner as having , and is deemed to have, full authority to so sign and binds the hirer accordingly. If the hirer is a corporation, any person signing this agreement warranty to the owner that he has hirer’s full authority to so sign.