1. Definitions

1. The ‘Owner’ is MicroMachine Hire.
2. The ‘User’ is the company, firm or person contracted to use the owner’s plant on hire and includes their successors, assignees or personal representatives.
3. The ‘Rental Equipment’ covers all types of plant, machinery, equipment, tools and accessories which the Owner agrees to rent to the User.
4. The ‘Rental Period’ shall commence from the time when the Rental Equipment is collected from the Owner’s depot or when the Rental Equipment is delivered to site by the Owner. The Rental Period will end when the Rental Equipment is delivered to the Owner’s depot or is collected from site by the Owner.

2. Extent of Contract

No conditions other than herein specifically set forth shall be implied or deemed to be incorporated in or form part of the contract.

3. Unloading and Loading

1. The User will be responsible for unobstructed access to the site and, unless otherwise agreed in writing, for the loading and unloading of the Rental Equipment. If damage occurs during this procedure then the User will be liable as per clause 6.
2. If the Owner supplies any personnel for loading and unloading then they will be under the direction of the User.

4. Maintenance

1. Unless notified in writing to the contrary is received by the Owner from the user within one day of the equipment being supplied the equipment shall be deemed to be in good order in accordance with the contract and to the User’s satisfaction.
2. The User shall be responsible for the safekeeping of the equipment and for its return on completion of the hire in equal good order (fair wear and tear excepted).
3. The User shall reimburse the Owner for any damage or missing items or cleaning costs in respect of putting the equipment into a fair and reasonable condition at the end of the hire period.
4. The User must ensure that the correct fuel is used in the equipment and shall be responsible for any damage caused by the use of the wrong fuel. A full tank of the correct fuel will be supplied with the equipment at the start of the hire period and the equipment should be returned with a full tank.

5. Breakdowns and Repairs

1. The User shall at all reasonable times allow the Owner access to the equipment for the purposes of inspection, testing, adjustment or repairs.
2. Any breakdown or unsatisfactory working of the equipment must be immediately notified to the Owner. Any claim for breakdown time can only be considered from the time of notification.
3. Unless otherwise agreed no attempt to repair the equipment shall be made by the User.
4. The User will be responsible for all expenses rising from any breakdown, loss or damage due to the User’s negligence or misuse of the equipment and for the payment of any loss of Owner’s revenue during the downtime period.

6. Loss and Damage

1. During the contact period the User shall make good to the Owner all loss or damage to the equipment from whatever cause (fair wear and tear excepted) and shall also indemnify the Owner in respect of all claims arising out of the use of the equipment by any person whatsoever for injury to persons or property caused by or in connection with or arising out of the use of the equipment and in respect of all costs and charges in connection therein arising under statute of common law.
2. The User shall be responsible for insuring the equipment under an All-Risks Physical Damage policy including theft of the equipment. The equipment shall be insured at full replacement value which can be advised by the Owner.
3. The User shall ensure that adequate public liability insurance is held to cover accidental misuse damage caused by the equipment.
4. The Owner will not be liable for any damage to or repair of any mains services or structures caused by misuse of the equipment.

Note – the equipment must be stored off street and the User shall take all reasonable steps to prevent damage or loss to the equipment.

7. Notice of Accidents

If the equipment is involved in any accident resulting in injury to persons or damage to property the User shall notify the Owner immediately by telephone and confirm in writing.

8. Sub-letting

The User shall not sub-let, lend or sell the equipment or attempt to do so.

9. Equipment Location

The User shall not move the equipment from the place to which it was delivered without prior consent from the Owner.

10. Operation

The User shall ensure that all users of the equipment are suitably qualified and are aware of the machine and its controls.

11. Charges

1. Charges shall apply from the time of unloading the equipment to the time of loading the equipment for return the Owner. Adequate notification (normally 12 hours) is required for termination of the contract period.
2. Any deposit paid to the Owner will be refunded to the Hirer in full or may be used in full or part payment for any costs or charges incurred by the Owner under the terms and conditions of this agreement.