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Terms and Conditions of Hire

FORKTRUCK HIRE CONTRACT

DEFINITIONS

1. The company, Dewars Forktrucks Limited, letting the plant on hire is hereafter referred to as the "Owner" and this term includes its successors.
2. The company, firm, organisation or individual taking the Owners Plant on hire is hereafter referred to as the "Hirer" and this term includes the company, firm,orgainsation or individual or the successors and personal representatives or employee's of the company, firm organisation or individual.
3. "Plant" shall include any machine or part thereof, any attachments or fittings or any other thing hired under this hire contract.
4. "Regulations" means any Act of Parliament, order, regulation, by-law or similar instrument whether local or national, including any amendment thereto or re-enactment or replacement thereof.
5. "Hire Rate"shall be the rate quoted for Daily, Weekly, Monthly or Long Term Hire (usually 3 to 5 years) and specified in the Hire Contract (acceptance)  attached to this contract.

ACCEPTANCE

6. The Hirer's order, whether oral or in writing, for the supply of Plant shall be construed as an expressed acceptance of the Terms & Conditions of Hire and insofar as any provision of the Hirer's said order be inconsistant therewith, these Terms & Conditions of Hire shall be deemed to prevail.
7. Any variations in this Contract shall be in writing.
8 The Hirer warrants to the Owner that no representations have been made to the Hirer concerning the Plant and in particular concerning the suitability of the Plant for any particular purposes or for work in any particular place and that in entering into this Contract the Hirer does not rely upon any such representation and that the Hirer has satisfied himself independently upon all such matters.

COMMENCEMENT OF HIRE

9. Subject to the other provisions of this Contract the Owner shall supply the Plant on the delivery date specified in the Hire Contract (acceptance) and to the address or site specified inthe Hire Contract (acceptance) . The period of hire shall start on such delivery. Hire charges shall commence on this delivery date unless specified in the Hire Contract (acceptance).
10. On commencement of hire the Hirer shall put into effect "all risks" insurance of the Plant to the full replacement value of the Plant. The Hirer accepts responsibility for loss or damage to the Plant 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.The responsibility will also apply whilst the Plant is on site during any period prior to the commencement of the hire period or after the termination whilst the Plant is awaiting collection.

MAINTENANCE & REPAIR

Owners Obligations
11. The Owner shall ensure that at the commencement of the hire period the Plant shall be of sound construction, in good working order and properly maintained and that at the time of hire all Regulations regarding construction, maintenance, testing and inspection applicable to the Plant have been complied with.
12. Provided that, unless the Owner to the contrary in writing receives notification within 48 hours of delivery to the site, the Plant shall be deemed to have been delivered in good working order.
13. The Owner shall (save as hereinafter provided) carry out all necessary repairs and replacements as quickly as reasonably possible and, so far as reasonably possible during normal working hours at times to suit the convenience of the Hirer.

Hirers Obligations
14. The Hirer shall repair all punctures and replace all damaged tyres at tjhe Hirer's expense, but save as aforesaid he shall not repair the Plant or make replacements or alterations to the Plant unless authorised to do so in writing by the Owner.
15. The Hirer shall forthwith notify the Owner if the Plant breaks down or fails to work properly, or if any repairs or replacements (other than to or of damaged or punctured tyres) become necessary.
16. The Hirer shall at reasonable times allow the Owner or the Owners accredited representative or the Owners insurers representatives have access to the Plant to inspect, test, adjust or replace any part or parts that may be required.
17. Other than on Daily Hire the Hirer shall provide fuel, oil, grease and distilled waterand shall carry out daily checks to ensure that the correct engine, hydraulic and cooling systems levels are fully maintained, and shall take steps to ensure the protection of the Plant from damage by frost, including the provision and use of suitable anti-freeze mixture in the proportions specified by the makers of the Plant.
18. Regular cleaning, the maintenance of the correct tyre pressures and the tightening of wheel nuts. Without prejuduce to the generality of the foregoing the Hirer shall cause the following steps to be taken to maintain any traction battery-forming pan of the plant:
(a) Battery must be properly charged and must at no time be operated in a discharged condition and must be allowed to cool for at least half an hour before use after charging has taken place.
(b) Battery must be checked daily to ensure the correct level of distilled water is maintained.
(c) An equalising charge must be carried out every four weeks. when an equalising charge is given the charger must be switched off manually after four (4) hours as the charge termiation automatic relay only operates in the "normal" position.

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