Terms and Conditions
In these terms and conditions
(a) “Agreement” means the agreement between the Hirer and the Owner to hire the crane and incorporates these Terms and Conditions of Hire. (b) “Crane” means the Crane hired by the Owner to the Hirer (whether the original crane or any substitute) and includes all accessories and other equipment of the Owner attached to the Crane or to be used in connection with it. For the purpose of this Agreement the Crane shall be deemed to be the property of the Owner whether such is the fact or not. (c) “Hirer” includes the hire’s successors or personal representatives. (d) “Owner” means Hi Lift Limited and includes its successors and assigns. (e) “Site” means the place or area where the Crane is to be operated for the purposes of this Agreement.
2. Warranty and Acceptance
The Hirer acknowledges that the Owner has entered into this Agreement on the basis of information supplied to the Owner by the Hirer and warrants that the information is accurate. Acceptance by the Hirer of the Crane shall be deemed to be acceptance of the terms of this Agreement.
3. Full Hire
Subject to any provisions to the contrary in this Agreement or in writing signed by both parties, this Agreement is a Full- Hire Agreement. This means that the Owner provides the Crane Operator, fuel and oil for the Crane and attends to everyday running repairs.
The Owner will supply its standard selection of slings and lifting equipment but accepts no responsibility for loss or delay if these are found to be unsuitable for the purpose required. All slings and ancillary equipment shall be used by the Hirer at the sole risk of the Hirer. The Owner does not accept responsibility for the correct use of slings or lifting equipment or for the method of slinging. If any slings or lifting equipment being the property of the Owner shall be destroyed or damaged, the Hirer shall pay to the Owner the costs of replacement or repair (as the case may be) resulting from that destruction or damage.
5. Site Conditions and Access
(a) The Hirer will ensure:
(i) That the ground at the site is adequate to support the Crane under its wheels, tracks and/or outriggers.
(ii) That the ground giving access to the site is stable and firm and of a gradient no steeper than 1 in 10.
(iii) That clearance of 4 metres is afforded in respect of all overhead wires and that footpaths, kerbs and channels are suitably planked.
(b) Should the crane need to be towed into or out of the site, the cost shall be additional to the rate quoted and will be to the Hirer’s account.
6. Use and Handling of Crane
(a) Notwithstanding Clause 3 above, the Crane Operator shall be under the direction and control of the Hirer and shall for all purposes of this Agreement be regarded as the servant or agent of the Hirer.
(b) The Hirer shall not:
(i) Require, permit or suffer the Crane Operator to do anything contrary to any Act, Regulation, Code of Practice or recognized convention.
(ii) Allow any other person to operate the Crane without first obtaining the written consent of the Owner.
(c) Where the Hirer has understated the weights or dimensions of the goods to be lifted by the Crane and the Owner has relied on the weight, dimensions or working radius stated, the Hirer shall be responsible for all extra cost and risk incurred by the Owner by reason of the Owners reliance upon such stated weight, dimensions or working radius.
(d) The Hirer shall be responsible for all loss or damage whatsoever caused while the crane is entering, leaving or on the site, including the cost of repairs suffered or incurred by the Owner in consequence of any breakdown or damage to the Crane where damage is caused by any negligent act or omission or misdirection or misuse of the Crane on the part of the Hirer or the Hirer’s servants or agents.
7. Damage to Goods
The Owner accepts no responsibility for loss or damage to goods being handled by the Crane or damaged by the Crane however caused during the period of hire except for loss or damage arising out of any negligent act or default of the Owner.
8. Damage to Services and Property
The Hirer shall be solely responsible for all damage which may be caused to underground and overhead services, footpaths, driveways, grounds, lawns, fences, structures, vehicles or any property whatsoever caused by the Hirer or the Crane during the period of hire.
The Hirer shall not do or permit anything in connection with the Crane or its use whereby any policy or policies of insurance effected in connection with the Crane or its use may become void or voidable.
10. Responsibility for Loss
Under no circumstances shall the Owner be liable for any direct, indirect or consequential loss or damage arising out of any breakdown.
The Owner shall not be responsible for any loss or damage arising out of any stoppage or delay occasioned by a cause beyond the Owner’s control including but not limited to weather conditions, ground conditions, strikes and industrial disputes.
12. Notice of Accident
If the crane is involved in any accident resulting in injury to any person or damage to any property, immediate notice must be given by the Hirer to the Owner by telephone and confirmed by letter or facsimile to the Owner’s principle office.
The Hirer shall not sublet or otherwise part with possession of the Crane or any part thereof to any Third Party without first obtaining written consent of the Owner.
14. Period of Hire
The period of hire shall be calculated on a depot to depot basis.
15. Additional Crane Equipment
Where the transport of additional Crane Equipment is required, the cost of it will be additional to the hire rates quoted.
Our regular hours of work are between 7.00am and 5.30pm, Monday to Friday. These hours will be charged at the standard crane hire rate.
Overtime charges of $30.00 per person per hour will be payable by the Hirer for all work/travel outside of these hours except for Sundays and Public Holidays, when a rate of $70.00 per person per hour will be payable.
17. Site Allowances
Where site allowances are payable these will be an additional charge.
18. Oral Agreements and Stipulations
No oral agreement, promise, collateral stipulation, representation, condition or warranty given or entered into by the Owner or by an agent or employee of the Owner and not in conformity with this Agreement shall be binding upon the Owner unless confirmed in writing by the Owner.
All rights, powers or remedies of the Owner shall remain in full force notwithstanding any neglect, forbearance or delay by the Owner in the enforcement of them.
20. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. The Hirer shall observe and comply with the provisions of all Acts, Regulations, By-laws and Codes of Practice in force during the period of hire in relation to the work on which the Crane is to be employed and the manner of performance of that work and in relation to the Site and with all orders and directions lawfully given by any competent authority.
If during the continuance of the hire or at any time thereafter any dispute, difference or question shall arise between the Owner and the Hirer in regard to the hire or to the construction of this Agreement or the rights or liabilities of the Owner or the Hirer, that dispute, difference or question shall be referred to.
22. Contracting Out
This Agreement contains the whole of the terms of the contract between the parties and all other terms, conditions and warranties which might otherwise have been implied or have any implication are hereby to the extent permitted by law expressly excluded.
23. Additional Driver Travel
If a Crane Operator is required to travel to and from site (Crane is left on site) a travel fee of $60.00 each way may apply.
The cost of additional Council, Local Body or Utility permits which may be required are not included in the hire rates quoted and will be additional to the Hirers account.
25. Payment Terms
(a) Monthly payments by the end of each month for previous months work.
(b) No retentions to be held.