Terms and Conditions of Full-Hire Agreement

1. DEFINITIONS

In these terms and conditions of trade

(1a) "The Owner" means Smith Crane & Construction Ltd or any agents or employees thereof

(1b) "The Hirer" means any company, firm, person, corporation or other entity taking the owners crane or equipment on hire

(1c) "The crane or equipment" means the crane or equipment hired by the owner to the hirer as described and includes all accessories of the owner attached to the crane or to be used in connection therewith.

(1d) “The Services” means any services provided by the owner to the hirer in relation to the crane and equipment including, without limitation, any transport services, labour advice and any fee or charge associated with the supply of crane or equipment by the owner

(1e) “The Price” means the cost of the crane or equipment and service as agreed between the owner and hirer

2. ACCEPTANCE BY HIRER

Any instructions received by the owner from the hirer for the supply of a crane and/or equipment shall constitute a binding agreement and acceptance of the terms and conditions contained herein (this agreement)

No oral agreements, promise, collateral stipulation, representation, condition or warranty given or entered in to by the owner or by any agent or employee of the owner and not in conformity with these terms and conditions shall be binding upon the owner unless confirmed in writing by the owner.

The hire cost will exclude Traffic Management cost, port fees, statutory or regulatory authority fees,

Induction costs and any other incidental cost or charges unless otherwise agreed.

3. SITE CONDITIONS AND ACCESS

The hirer shall be responsible for ensuring that the ground at the site is adequate to support the cranes wheels, tracks and/or its outriggers.

The hirer shall ensure that the ground giving access to the site is stable and firm and of gradient no steeper than 1 in 10. The hirer will ensure that clearance of 4m is afforded in respect of an overhead wire and that footpath kerb and channels are suitably planked. Should the crane or equipment need to be towed into or out of a site the cost shall be additional to the rate quoted and will be to the hirers account.

4. USE AND HANDLING OF CRANE AND/OR EQUIPMENT

(4a) The crane operator shall be under the direction and control of the hirer and shall for all purposes be regarded as the servant or agent to the hirer. The Hirer alone shall be responsible for all claims arising in connection with the operation of the crane by the operator

(4b) The hirer shall not use the crane, or permit the crane to be used, to lift any load which is beyond the rated lifting capacity of the crane or for any purpose other than that for which it is expressly hired.

(4c) The hirer shall not require, permit or suffer the crane operator to do anything contrary to any act, regulation, by law requirement, code of practice or recognised convention, or allow any other person to operate the crane or equipment without first obtaining written consent from the owner

(4d) The hirer warrants that the weight of the object (or objects) to be lifted in any one lift and the radius of the proposed lift(measured from the radial point of the crane. both as stated overleaf, will not be exceeded in any event where the weight of the lift approximates the maximum lifting capacity of the crane. The owner reserves the right to have the weight of the proposed lift confirmed on a certified weighbridge with the costs being additional to the rate quoted and being for the hirers account

(4e) The owner reserves the right to provide a supervisor to the site if the owner in its sole discretion considers it necessary. If the owner does so the charges payable by the hirer shall be increased accordingly.

5. BREAKDOWN OR DAMAGE TO CRANE OR EQUIPMENT

The hirer shall be responsible for all loss or damage whatsoever including the cost of repairs suffered or incurred by the owner in consequence of any breakdown or damage to the crane where such breakdown or damage is caused by 'any negligent act or omission or misdirection or misuse of the crane on the part of the hirer or the hirers servants, agents, contractors or subcontractors and in particular shall be responsible for the payment of hire at the appropriate standby rate during the period the crane is necessarily idle as a result of any such negligent act or omission or misdirection or misuse of the crane as aforesaid.

6. 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 or any other property whatsoever by the use of the crane whilst on hire to the hirer including any damage caused by the crane whilst entering or leaving the site or manoeuvring whether on or off the site or otherwise howsoever.

7. RESPONSIBILITY FOR LOSS, INCLUDING CONSEQUENTIAL LOSS

Under no circumstances whatsoever shall the owner be liable whether in contract or tort or otherwise for any direct, indirect or consequential loss or damage arising out of any breakdown or stoppage of the crane or out of the delayed arrival or non-arrival of the crane at the job site or otherwise arising out of or in connection with the hiring of the crane to the hirer.

8. NOTICE OF ACCIDENT

If the crane or equipment is involved in any accident resulting in injury to any person or damage to property (including damage the crane itself) the hirer must give immediate notice of the accident to the owner by telephone and later provide details of the accident to the owner in writing

9. STOPPAGES

The owner shall not be responsible for any loss or damage arising out of any stoppage or delay occasioned by any cause beyond the owners control including but not limited to weather conditions, ground conditions, strikes and industrial disputes.

10. SLINGS

The owner will supply with the crane its standard selection of slings and lifting equipment, no responsibility is accepted by the owner for loss or delay if these are found to be unsuitable for the purpose required. The owner does not accept responsibility for the correct use of slings or for the method of slinging adopted by the hirer. If any slings or lifting equipment belonging to the owner is destroyed or damaged, the hirer shall pay to the owner the cost of replacement or repair (as the case may be) resulting from that destruction or damage

11. ADDITIONAL JIB SECTIONS AND CRANE EQUIPMENT

Where transport of additional jib sections and crane equipment is required, the cost thereof will be additional to the rates quoted overleaf and will be for the hirer's account, together with the cost of rigging and de rigging

12. SUB-LETTING

The hirer shall not sublet or otherwise part with possession of the crane or any part thereof to any third party without first obtaining the written consent of the owner. The hirer, at the hirers own expense, shall protect and defend the owner from all claims, liens and legal processes of creditors of the hirer and shall keep the crane and any part thereof free and clear of any such claims.

13. SITE ALLOWANCES AND OVERNIGHT ACCOMMODATION

Where site allowances are payable, these will be additional charges to the hirer. Where the site is at a distance from the depot so that overnight accommodation for the operator and any other accompanying personnel is necessary, the cost of the accommodation and meals will be to the hirer’s account

14. PERIOD OF HIRE

The hire period begins from the time the Crane leaves the owners depot and runs until the crane returns or is returned to the owner’s depot

15. OVERTIME AND EXTRA WORKING HOURS

Additional charges will be payable by the hirer in accordance with owners current hire price list for all work performed outside normal working hours and on Saturdays, Sundays or public holidays. A minimum charge of 8 hours for the operator applies to work carried out on public holidays or call back on public holidays

16. PAYMENT

Unless otherwise agreed, all payment shall be due in full no later than the 20th of the month following date of invoice. Interest will accrue on any invoice sum or part thereof not paid by that date at the rate of 2.5% per month until payment in full (including accrued interest) is received by the owner. Any amount becoming due and payable in terms of this paragraph shall be a liquidated debt and the owner shall be entitled at any time to commence proceedings against the hirer for payment of the debt including accrued interest and including also the owner's legal costs computed as between solicitor and own client.

17. QUOTATION

Where a written quote is given by the owner for the hire of a crane or equipment –

(17a) unless otherwise agreed the quotation is valid for sixty (60) days from the date of issue; and

(17b) the quotation shall be exclusive of Goods and Services Tax, Traffic Management costs, Port fees, induction costs or other incidental costs, unless specifically stated to the contrary; and

(17c) the owner reserves the right to alter the quotation because of circumstances beyond its control

18. INDEMNITY

The hirer shall indemnify the owner against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of the owner, brought by any person in connection with any matter, act, omission or error by the owner, its agents or employees in connection with the equipment and services

All the rights, powers and remedies of the owner shall remain in full force notwithstanding any neglect, forbearance or delay by the owner in the enforcement thereof.

19. 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, bylaws and codes of practice in force during the period of hire in relation to the work on which the Crane and Equipment is the be employed and in 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

20. LIABILITY

The Consumers Guarantees Act 1993, the Fair Trading Act 1986 and other statuses may imply warranties or conditions or impose obligations upon the owner which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the owner, the owner shall only apply to the minimum extent required by the relevant statute

21. ACKNOWLEDGEMENT

The hirer acknowledges that these terms and conditions of hire are the terms and conditions of the contract and are correctly stated both herein