Definitions and Law - "Owner" means *Christian Faversham Limited. "Hirer" is the company, firm, person, corporation taking the Owners equipment or “Generator” on hire and includes their successors or personal representatives. “Plant” means machinery, equipment thereto which the Owners agree to hire to the Hirer under this contract. “Site” means the address of the Hirer or such place specified by the Hirer at the time of hire. “Generator” means any mechanical power unit or engine or Power Take Off (PTO) driving an alternator to produce electricity with voltages between 110v to 415v. The “Hire Period” means the time the “Plant” leaves the Owner’s premises to when it is received back at the “Owner’s” premises. “Appliances” mean any electrical device connected to or likely to be connected to “Plant” or “Generators”. “Lighting” means any electrical device producing light either fixed to a Generator or supplied with electricity via a suitable cable.
Extent of Contract - No terms other than those expressly contained therein shall apply to or form part of the contract.
Delivery in Good Order - Plant, Generators and Lighting supplied shall be in good working order and fit for the purpose for which the equipment of that kind is normally used. The Owners do not warrant that the Plant supplied shall be fit for any special purpose. The Hirer shall satisfy himself as to the condition of the Plant supplied at the time of acceptance of the Plant by the Hirer, his agent or employee. Unless notice to the contrary is received by the Owners within 24 hours of the supply of the Plant then same shall be deemed to be supplied in good working order, except for defects which could not have been discovered by reasonable examination.
The Owner shall supply the Plant based on information received from the Hirer. In the case of Generator Plant the Hirer will furnish in writing (either electronically or not) the Owner with accurate peak loading of all electrical devices which will or likely to be connected the Plant. In addition to supplying the amps or kilowatts of all Appliances
Transportation Loading and Unloading - The Hirer takes responsibility of providing a suitable level, accessible Site. If ground is unstable, the Hirer should provide suitable trackway and ground protection. Road tow Generators are Sited with standard road delivery vehicles. In wet or muddy conditions Hirer is responsible for providing suitable 4 x 4 vehicle or tractor for siting and off siting equipment.
Unauthorised change of Site or movement - The Plant must not be removed or removed from the Site to which it was delivered, or specified by the Hirer on commencement of hire, without written authority of the Owners.
Unauthorised re-hiring or cross hiring of equipment - The Plant or any part thereof shall not be re-hired, sublet, or lent to any third party without the consent of the Owners.
Maintenance operation and use of Plant - The Hirer shall during the hire be responsible for the safekeeping and maintenance of the Plant for hire periods longer than one week. For lubricating as instructed by the Owners and ensuring that the fuel level remains at level required for correct operation of the Plant. At no time shall the Hirer operate the Plant after it has become defective, damaged or in a dangerous state. Failure to observe the aforementioned will result in the Hirer being liable to the Owners for the cost of repairs and also for the hire charges accruing whilst the Plant is idle due to breakdown or damage whilst repairs are being progressed.
Access by Owner for servicing and inspection of Plant - The Hirer shall permit the Owners of their agents unrestricted access to Plant to adjust, inspect, service and maintain or repair same. During working hours no charge will be made to Hirers for routine work. If Hirers only make Plant available outside of working hours then the Owners reserve the right to charge the Hirer overtime costs. Hirers must notify the Owners when the Plant has been operating for 350 hours without service. Failure to do so will result in Owners charging for service and any necessary repairs.
Breakdowns - In the event of breakdown or diagnostic fault of the Plant, the Owners shall be entitled to substitute Plant for a similar type. If the Owners are not able to do so, the hire shall be terminated as from the date of the notification of breakdown.
Notification of accident or incident - The Owners must be notified immediately of any accidents involving their Plant.
Hirers Liability - Responsibility for loss or damage to the Plant is accepted by the Hirer from the time the Plant is delivered to the Site until it is removed from the Site by, or on the instructions of the Owner. This responsibility will also apply whilst the Plant is on Site during any period prior to the commencement of the hire period or after its termination whilst the Plant is awaiting collection. During the continuance of the hire period, the Hirers shall be liable to the Owners for the cost of all loss or damage to Plant from any cause whatsoever, except for fair wear and tear. In the event of loss or damage to the Plant, hire charges shall continue until such time and date as the Hirer pays for the cost occurred by the Owners in respect of such loss or damage.
Hirer to indemnify Owners against third party claims - The Hirer shall at all times exclude public and guests from access and indemnity the Owners in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with or arising out of, the use of the Plant and in respect of all costs and charges in connection therewith.
Consequential Loss - The Owners shall not be liable for any consequential loss or damage arising from this contract.
Return of Plant on completion of hire - The Hirer shall be responsible for returning the Plant on completion of the hire in a condition equal to that at the commencement of the hire, fair wear and tear excepted. When the Plant is returned in an unclean condition, a charge shall be made for the cleaning and restoration of the Plant to its condition as at the commencement of hire. When the Plant or part thereof cannot be returned to the Owners on completion of hire owing to the loss, destruction. Or theft of the Plant, (or such part), whether or not due to any fault of the Hirer, his agent, or employee, the Hirer shall pay to the Owners the manufacturer’s or distributors recommended replacement price for that Plant (or that part of the Plant).
Payment for Hire Charges - Hire charges are due prior to delivery unless account facilities are agreed.
Payment of Fuel is pay as you go (PAYG). On return of the Plant any fuel used will be replaced and rounded up to the nearest whole number, i.e. 18 litres becomes 20 litres. The cost of fuel is between wholesale per litre price and retail pump prices.
No fuel other than fuel supplied by the Owner may be used in any Plant without the express written permission. Filtered fuel, clean fuel cans and bunded fuel bowsers are available for hire by prior arrangement.
The Hirer is responsible for ensuring Plant and Generators are situated at Site above flood plains. The Hirer is responsible to ensure that Lighting is retracted and stored away from Site winds or gusts in excess of 60mph.
The Hirer must not affix any adhesive tape or disassemble any part of the Plant, Generator or Lighting for any reason without the express written permission of the Owner.
*Event-Generator-4-Hire is a trading name of Christian Faversham Limited.
Registered address: The White House 2 Meadrow, Godalming, Surrey, GU7 3HN
Registration number 8946564