Page 375 - Full GAP Catalogue 2022

Terms & Conditions / 373

effective until immediately after the physical handover. occurring and including but not being limited to any leaks or emissions
stemming from the Equipment. You will keep us indemnified from
11. RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY) any claims made against us by third parties relating to environmental
contamination or emissions or any other environmental issue caused by
(i) You will be responsible for the loading and unloading of the Equipment the Equipment during your period of hire.
at the address specified by you. You will also be responsible for the loading
and unloading of the Equipment at our premises when the Equipment is 13. ELECTRICAL EQUIPMENT
transported by you or your agent. If we supply any person to assist you, he
will be under your control at such times. Where any part of the Equipment is electrical it should normally be
used with plugs and/or sockets as fitted but if temporarily fitted with
(ii) Your responsibility for the Equipment begins when you or your agent other suitable plugs or sockets, this must be carried out by a competent
receive the Equipment. If it is delivered to you your responsibility begins person who must also return it to its original condition. It will be your
on delivery. Your responsibilities include safekeeping of the Equipment, responsibility at all times to arrange a suitable supply of electricity for use
and protection against the elements, theft, vandalism or improper use. with the Equipment. Under no circumstances should electrical Equipment
You are responsible for the return of the Equipment or making clear be used without it being correctly earthed unless it is of double insulated
arrangements with us for the collection of the Equipment at the end of specification. You will be responsible for complying with the requirements
hire. Your responsibility ends only when the Equipment has been returned of the Electricity at Work Regulations 1989 and any relevant subsequent
or collected and you have our unqualified receipt for all of the Equipment. regulations during the period of your responsibility for the Equipment.
You must not sell or otherwise part with control of the Equipment.
14. MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES AND
(iii) For the purposes of smoke free legislation you control and manage the ACCIDENT REPORTING
Equipment under these terms and conditions, you must comply with the
smoke free legislation. You will indemnify us for any loss or damage caused You must throughout the period of the Contract take good care of the
by you failing to comply with the smoke free legislation. Equipment and keep yourself acquainted with the state and condition of
the Equipment, ensuring that it remains safe, serviceable and clean; carry
(iv) You will indemnify us against any and every expense, liability, financial out all User Routine Maintenance; order and pay for such consumable
loss, claim or proceedings whatsoever, and in respect of any death or items as you shall require to operate and use the Equipment; and under
personal injury whatsoever or damage to or loss of property whatsoever no circumstances must you make or endeavour to make any repairs,
(other than the Equipment itself, which is governed by Conditions 19 and alterations or additions to the Equipment or any part thereof nor permit any
20) arising out of the delivery, use, non-use, repossession, collection or other person to do so without our prior written consent. Any breakdown
return of the Equipment or any part of it. or any unsatisfactory working of Equipment must be immediately notified
to us. The Equipment must be returned to our premises for examination
(v) You should not remove, deface or cover up the name plates or marks except where examination elsewhere has been mutually agreed upon. You
which we have placed on Equipment, which indicates that it is the property must notify us immediately if the Equipment is involved in any accident
that belongs to us. Nor will you deface, alter or cover up any notices giving resulting in damage to the Equipment or to other property, or injury to
warnings, information or instructions about the use of the Equipment. any person. No allowance for the hire charges or for the cost of repair
You must take all reasonable, adequate and proper measures to protect will be made by us to you unless they have been specifically authorised
the Equipment from vandalism and any other damage including, but not in writing by us to carry out the repair. You will be responsible for the
limited to, damage caused by adverse weather conditions such as frost. expense arising from any breakdown of the Equipment unless it is deemed
(vi) All components are to be returned in the exact dimensions supplied. by us to have been caused by an inherent fault in the Equipment, normal
Only Equipment provided by us and identified by us as such will be running repairs or fair wear and tear. You shall be responsible for all loss
accepted at the end of the hire period. and damage incurred by us including but not limited to that caused by your
negligent misdirection or misuse of the Equipment whether by you or your
(vii) You will be responsible for the equipment used for the loading and employees or agents. You shall be responsible for all hire fees during such
unloading of trenching and shoring equipment, including any lifting or time as the Equipment is idle due to such a breakdown.
other accessories used.
15. PROVISIONS RELATING TO WELFARE EQUIPMENT
12. ENVIRONMENTAL
(i) You will be responsible for ensuring that the site to which we deliver is
You are responsible for all environmental consequences and environmental firm and level and there will be free and unrestricted access for our delivery
impact caused as a result of your use of the Equipment, however so and/or service vehicle. You should ensure that use of the Equipment is