Terms & Conditions

  1. AGREEMENT
    The owner, in consideration of the payment or an undertaking by the hirer to pay the amount if the hire charges calculated in terms of the hire rates set out overleaf, lets to the hirer and the hirer hires, the crane described overleaf. The conditions of hire set out in this document take precedence over any other conditions which may have been included in the hirer’s offer to hire and signature by the
    Hirer of this contract constitutes a cancellation of any prior conditions. This agreement records the whole agreement between the owner and the hirer and overrides all other agreements, terms or conditions purporting to relate to the hire of the crane and collateral verbal agreements are expressly excluded. No conditions terms or representation not expressed herein shall be binding on the owner
    Hirer and no variation shall be binding on either of the parties unless reduced to writing and agreed to by the owner and the hirer.
  2. PERIOD OF HIRE AND TERMINATION

2.1) If the hire is for a definite period and it the hirer does not return the crane to the owner at the expiration of such period then the hire of the crane will thereafter continue upon the same terms and conditions as are set out herein for an indefinite period,
Subject to either party being entitled to give the other not less than 24 (twenty-four) hours written notice of termination. After termination of this agreement, the owner shall be entitled to retake possession of the crane without prejudice to any other rights which it may have against the hirer. Notice of termination to the owner’s operator shall not constitute valid notice of termination of the agreement of hire.
2.2) If hire specified overleaf is for an indefinite or an estimated hire period it will be deemed to be automatically extended at the end of such period for additional periods of 24 (twenty-four) continuous hours upon the same terms and conditions as are set out
Herein and upon payment by the hirer to the owner of hire rates specified overleaf until terminated by either party in writing on 24 (twenty-four) hours’ notice.
2.3) When the crane is required to be transported by low bed or by any other means of transport, then, unless otherwise specified overleaf the hire period shall he deemed to commence when the crane leaves the owner’s depot or nominated site.

  1. NO CESSION OR SUBLETTING

The hirer shall not cede or assign this agreement nor sublet, mortgage, pledge or in any way encumber the crane, or part with possession thereof and shall be obliged to retain the crane on the site, and save for the purpose of returning it to the owner, shall neither remove nor allow it to be removed from the site without first obtaining the written consent of the owner.

  1. ACCESS AND SITE CONDITIONS

4.1) The owner or its duly authorized representative shall at all times be entitled to have access to the site and to inspect the crane.
4.2) Where the ground or surface at the site is soft or unsuitable for the safe traveling or operation of the crane, the hirer shall be obliged to, at its own cost, to provide and lay suitable materials for the crane to travel or work on site. Failure by the hirer to comply with this obligation will constitute a breach of a material term of the agreement entitling the owner to cancel the agreement alternatively excusing the owner from performance of its obligations until such time as the hirer has provided and laid suitable materials.

  1. DEFECTS AND BREAKDOWN REPORT

5.1) The hirer shall be obliged to notify the owner of any defects or deficiencies in the crane which are, or which become apparent, and/or are notified to the hirer by the operator, immediately by the quickest practical method. In such event, the hire shall cease using the crane forthwith failing which the hirer shall be liable for the agreed hire rate and for alt loss or damage, including consequential loss or damage, sustained by the owner arising out of such continued use of the crane.
5.2) Any breakdown of the crane shall be reported immediately by the quickest practical means by the hirer to the owner and such report shall be confirmed in writing forthwith. If the hirer fails to notify the owner of any breakdown to the crane caused by a defect in the crane in terms of this clause then the hirer shall not be entitled to any reduction in the hire rate.

  1. RATED CAPACITY AND USE OF CRANE

6.1) The owner undertakes that the crane will perform substantially in accordance with the manufacturer’s rated capacity and specifications and shall be serviced and maintained by it. The hirer acknowledges that the owner has tendered to the hirer the manufacturers rated capacity and specifications of the crane. Signature of the daily lime sheets shall be deemed to be acceptance by the hirer that the crane has performed satisfactorily or when no operator has been supplied, signature by the hirer of the delivery note shall be deemed to by acceptance by the hirer that having regard to the manufacturer’s rated capacity and specifications, the crane is fit for the purpose for which it has been hired.
6.2) The hirer undertakes that it will use or permit the crane to be used only in a responsible manner and undertakes not to perform any lifts beyond the crane’s rated capacity and specification, nor to perform any tandem multiple lifts without the written consent of the owner first being obtained.
6.3) During the period of hire the hirer undertakes and warrants that it will use or permit the crane to be used only for the purpose for which it was hired.

  1. HIRER’S SUPERVISION OF OPERATOR

Whilst on-site the operator shall be under the sole and absolute control and supervision of the hirer who shall be responsible for all of the operator’s acts or omissions. The hirer warrants and undertakes that it will give to the operator clear arid specific instructions and directions for all work to be performed by the operator and the crane on site. The hirer shall be obliged and warrant that, it will supervise or will provide responsible and competent supervision for the operator whilst the crane is on site during the period of hire.

  1. OPERATOR’S ACCOMMODATION

Where it is necessary for the operator to reside on or near the site during the period of this agreement and where it is agreed that the hirer shall supply accommodation, this shall be specified overleaf and throughout such period the hirer shall be obliged to provide reasonable accommodation of a standard appropriate to the operator and transport to and from such accommodation to the site.

  1. RISK

9.1) Subject to the provisions of sub-clause 9.2, the risk of any loss of or damage to the crane and/or to property and/or injury to persons, passes to the hirer on arrival of the crane on site. Such risk remains with the hirer until the crane leaves the site.
9.2) Where the crane is required to be transported by low bed or by any other means & transport, excluding self-propulsion, which is provided or arranged by the hirer the risk of loss or damage to the crane whilst in transit or being handled, loaded or offloaded at any place shall be assumed by and shall pass to the hirer at the commencement of the loading operation at the owner’s depot or nominated site and shall remain with the hirer until the crane has been returned to the owner for off-loading by it at its depot or nominated site. In any case where transport is provided or arranged by the hirer whether on commencement or termination of the hire period the hirer indemnifies the owner against any loss or damage to any property whatsoever or arising from injury to or death of any person caused or occurring whilst the crane is in transit or being loaded, handled or offloaded.

  1. INEMNITY BY THE HIRER AND OF OWNERS LIABILITY

10.1) While the crane is at the risk of hirer the owner shall not be responsible or liable to the hirer or to any other person for any acts or omissions on the part of the owner’s operator (or on the part of the hirer’s servants or employees or contractors) nor shall the owner be liable for any damages whether direct or consequential of- whatsoever nature arid howsoever arising occasioned to the hirer or to any other person or property The hirer indemnifies and holds the owner harmless against all such claims including the cost of defending any such claims or action. Without limiting the generality of this sub-clause, the indemnity and exclusion of liability provided herein shall specifically apply to damage or goods on the hook and surrounding property.
10.2) The owner shall not be liable or responsible to the hirer, the hire’s principal or to anyone else for any director consequential loss or damage suffered by the hirer or to any other person arising out of stoppage of the crane through any cause whatsoever, non-arrival of the crane or any accident or breakdown of the crane at any time. The hirer hereby indemnifies and holds the owner harmless is respect of any such claim made by any other person against the owner arising out of the hire of the crane or from any cause aforesaid.

  1. DOWNTIME

The hire shall be liable for ongoing hire charges calculated at the rates specified overleaf not withstanding that the crane is idle as a result of inclement weather normal running repairs including refueling changing tyres and repairing punctures, or as a result of any other factor beyond the owner s control. The hirer shall not be liable for hire charges when the crane is idle due to unavailability of the operator due to breakdown of the crane caused by defect in the crane subject to compliance by the hirer with the terms or clauses.

  1. HIRER’S LIABILITY FOR DIRECT AND CONSEQUENTAL LOSS

12.1) The hirer shall be liable for all loss or damage suffered by the owner as a result of accident or breakdown whilst the crane is at the hirer’s risk including the cost and expenses of recovering the crane and including the traveling and subsistence expenses of the owner or its nominee incurred as a direct result of any accident or breakdown.
12.2) The hirer shall be responsible for any consequential loss suffered by the owner as a result of any accident. or breakdown whilst the crane is at the hirer’s risk such loss not being restricted to hire charges for the unexpired period of hire but extending to and including loss of income suffered by the owner for such period as is reasonably required to repair or replace the crane
12.3) The provision of sub-clauses 1 and 2 above shall not apply to breakdown of the crane caused by inherent defect in the crane or by the owners failure to maintain the crane, subject always to compliance by the hirer with the provision clause 5.

  1. INSURANCE

Insurance of the crane and loss or damage to property or persons arising from the use of the crane during the hire is the responsibility of the hirer.

  1. BREACH

If the hirer commits any breach of the conditions of this agreement including failure to pay any amount due by the hirer to the owner or if any judgment obtained against the hirer, or the hirer commits an act of insolvency, or is placed under judicial management or ceases or carry on business then the owner shall be entitled forthwith without notice to the hirer to cancel this agreement and take possession of the crane and the hirer shall immediately restore and give possession of the crane to the owner. Notwithstanding the cancellation of this agreement by the owner or the taking of possession by the owner of the crane, the owner shall be entitled to recover from the hirer all monies due or become due in terms of this agreement for the full and unexpired hire period including any extension thereof together with all costs expenses and payments including legal costs, incurred or made by the owner in connection with the cancellation of the agreement and/or obtaining-possession of the crane.

  1. TIME SHEETS

15.1) Unless stated to the contrary overleaf hire charges payable by the hirer are based on the hours or days reflected on the timesheets. The operator shall during the period of hire retain in his possession a pad of unsigned me sheets According to whether the hire as stated overleaf is for a period of days or weeks the operator shall present to the hirer daily or weekly timesheets for signature by or on behalf of the hirer in the event that the hirer disputes the’ content of the daily or weekly timesheets and/or refuse to -sign any times sheets, he. Shall within 24 (twenty-four) hours of presentation of the timesheet notify the owner of the fact of his refusal and the grounds therefore. In this regard notification to the operator shall riot constitute notification to the owner.
15.2) Timesheets duly completed by the operator shall be prima facie evidence of the correctness of the content of the timesheet.
15.3) Signature of any timesheet by or on behalf of the hirer constitutes acceptance by the hirer of the correctness of the content of the timesheet.
15.4) The hirer warrants, and this agreement is entered into on the strength of such warranty, that whoever signs timesheets on behalf of the hirer will be duly authorized by the hirer to do so.

  1. SLINGS AND RIGGING

There shall be no obligation upon the owner to supply slings but in the event that the owner agrees to supply its selection of slings, it gives no warranties that the said slings will be suitable for the hirer’s purposes or for any lift to be performed by the crane described overleaf at the hirer’s instance and all directions and/or instructions for rigging and methods of slipping shall be the sole and absolute responsibility of the hirer who indemnifies and holds harmless the Owner against all claims for loss or damage of any nature whatsoever whether consequential or otherwise arising out of the use of the said slings by the hirer, the rigging and the methods of rigging.

  1. TYRES AND TUBES – HIRER’S RESPONSIBILITY

The owner hereby warrants that the tyres on the crane supplied will be in good condition. The hirer shall however be liable and responsible for all repairs or the cost of repairing all tyres and tube punctures or other damage to tyres during the period of hire and shall be responsible for all cuts and abrasions of tyres and tubes and the replacement thereof during the period of hire. Unless the hirer notifies the owner in writing to the contrary within 24 (twenty-four) continues hours of delivery of the crane to the site, the tyres on the crane shall be deemed to be in good condition. Should the hirer object to the conditions of the tyres in terms of this clause and the dispute arise as to such condition then the dispute shall be referred to a representative appointed by the company which supplied the tyres whose decision shall be final and binding on both parties.

  1. RETURN OF CRANES FOR REPAIRS

If at any time after the date of delivery, the crane is in the opinion of the owner in need of repairs, it may stop the further use thereof until such repairs have been carried out on-site or the owner may arrange for such crane to be sent to a depot and in the latter event the owner shall be entitled to replace such cranes forthwith with similar crane, the owner paying all costs of transport involved in the removal of such cranes to the owner’s depot or site nominated by it for the repair arid delivery of the substitute crane and the agreement shall continue as if the substitute crane had been the subject thereof alternatively the owner shall after consultation with the hirer be entitled to terminate the agreement forthwith in relation to the crane by giving written notice to the hirer Should the hirer insist that the operation continue despite apparent faults, the hirer shall take full responsibility for any damages which may result from its continued operation.

  1. PAYMENT – NO SET OFF

19.1) Payments of the amount shown as due by the hirer on the owner’s invoice shall be made to the owner within 30 (thirty) days of the date of invoice. And free of exchange at the place indicated on the invoice.
19.2) Interest on overdue accounts will accrue at the prime overdraft rates charged by the owner’s bankers.
19.3) The hirer shallot be entitled to claim set-off in respect of any amount owing or alleged to be owing to the hirer under any circumstances whatsoever.

  1. WAIVER

Any act of relaxation, indulgence or grace granted by the owner to the hirer shall not operate as or be deemed to be waiver by the owner of his rights hereunder or as a novation of this agreement.

  1. OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

21.1) Acceptance of these Conditions of Hire constitutes a written undertaking by the hirer to ensure the safe use of the crane as envisaged by Section 10(4) of the Occupational Health and Safety Act 85 of 1993.
21.2) In the event that the hirer believes he or it does not have the competence to ensure the safe use of the crane, the hirer shall notify the owner of that belief in writing on signature of this hire contract.

  1. HEADINGS TO CLAUSES

The headings in this agreement are intended to facilitate easy reference and shall not affect the interpretation of the provisions of the agreement.