Conditions of Hire

1.    In  these  Conditions  Structural  Cranes  Pty  Ltd  is  hereinafter  referred  to  as  The  Contractor  and  includes  any  Sub-Contractors,   Servants  and/or  Agents  of  the  said Structural Cranes Pty Ltd. The Hirer means and includes The Person shown on the face hereof as being the hirer of The Crane and includes such Persons, Contractors, Servants, Agents, and/or other Persons claiming through under or in trust for such person. “The Goods” means all Wares, Merchandise, Plant, Machinery, Articles of every kind and description and includes Packages, Crates, Cases and Contents thereof of whatsoever kind.
2.    The Contractor is not a Common Carrier and does not accept the obligations or liability of Common Carriers. The Contractor may refuse the handling, lifting and/or carriage of goods for any person or of any class of goods at its discretion and without being bound to give any reason for such a refusal.
3.    The Contractor shall not be liable for any loss, not for consequential loss or damage of any kind whatsoever caused to The Hirer or to the Property and/or Goods of The Hirer whether such loss or damage was caused by any Acts Defaults or Negligence on the part of The Contractor or otherwise. All Goods are Handled, Lifted and/or Carried entirely at Owner’s risk.
4.    The Contractor shall have full liberty to arrange with any other Person, Persons or Corporation to undertake The Contractor’s obligations under this agreement. For such time and on such conditions as The Contractor thinks fit and any such other Person, Persons or Corporation shall as against The Hirer be entitled to the benefit of these conditions to the same extent as The Contractor.
5.    The Hirer shall declare the weight of the goods and The Contractor will rely on such declared weight when arranging for handling, therefore The Hirer shall be responsible for all extra cost and risk incurred by The Contractor and for any and all damage sustained by reliance on the declared weight. The Hirer shall disclose to The Contractor the nature of the goods to be handled, lifted and/or carried.
6.    Insurance of the goods will not be affected by The Contractor for the benefit of The Hirer except on the express written instructions of the Client and then only at his expense.
7.    Unless otherwise agreed in writing to the contrary, The Hirer will pay the hiring charges at the rate referred to in The Contractor’s pricelist current at the time at which the hiring commences, calculated on the time from which the said crane leaves The Contractor’s depot until it returns to such depot.
8.    The Contractor shall not be responsible for any delays inconvenience or loss of any kind whatsoever incurred by The Hirer due to any accident breakdown or defect in the crane or any part thereof or from any other cause whatsoever.
9.    The Contractor shall be entitled to charge hiring charges at the usual pricelist rate for any time during which the crane is delayed either in travelling to or from or at the site at which The Hirer desires the crane to operate so long as such delays result from any cause beyond reasonable control of The Contractor.
10.    The Hirer shall be responsible to pay for all delays caused by The Contractor obeying any Instructions given by The Hirer including delays caused by any bogging or breaking down of the crane resulting from such instructions - such delays shall be charged for by The Contractor as a hiring charge at the usual pricelists hire rate.
11.    The Hirer shall indemnify and keep indemnified The Contractor against all Actions, Demands, Claims, Suits, loss and/or damages sustained by The Contractor as a result of any damage caused to the person or property of any person other than The Hirer as a result of The Contractor carrying out this contract whether caused by any acts, defaults or negligence of The Contractor or otherwise.
12.    LOADING AND UNLOADING
The Hirer shall be responsible for unloading and reloading the plant at site and any driver, operator or flagman supplied by the owner shall be deemed to be under The Hirer’s control.
13.    BREAKDOWN
(a)  When the Plant is hired without Owner’s Driver or Operator any breakdown or the unsatisfactory working of any part of the Plant must be notified immediately to the Owner by telegram. Any claim for breakdown time will only be considered from the time and date shown on the telegram.
(b)  Full allowance will be made to The Hirer for any stoppage due to breakdown of Plant caused by the development of any inherent fault or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the contract.
The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner due to The Hirer’s negligence, misdirection or misuse of the Plant, whether by The Hirer or his servants, and for the payment of hire at the appropriate idle time rate during the period the Plant is necessarily idle due to such breakdown. The Owner will be responsible for the cost of repairs to the Plant involved in breakdowns from all other causes and will bear the cost of providing spare parts.
14.    HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
During  the continuance of the hire period The Hirer shall make good to the Owner all loss of or damage to the Plant from whatever cause the same may arise, fair wear and tear excepted and except as provided in Clause 9 herein and shall also fully and completely indemnify the Owner 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 whether arising under statute or common law.
15.    COMMENCEMENT AND TERMINATION OF HIRE (Transport of Plant)
(a)  The hire period shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back at the Owner’s named depot or equal, but an allowance shall be made of not more than one day’s hire charge each way for travelling time. If the Plant be used on day of travelling full hire rates shall be paid for the period of use on that day. If more than one day be properly and unavoidably occupied in transporting the Plant, a Hire Charge at Idle Times rates shall be payable for such extra time, provided that where Plant is hired for a total period of less than one week, the full Hire Rate shall be paid from the date of dispatch to the date of return to the Owner’s named depot or equal.
(b)  Idle Time rates shall be paid for the time spent in travelling to a site other than that specified in the contract where consent to such transfer has been given by the Owner under Clause 16 provided that the Plant is moved by means other than under its own power.
(c)   Where a road roller or other Plant travels under its own power, time properly and unavoidably spent in travelling shall be paid for as working time at full Hire Rates.