The Equipment

Surrey Plant remains the owner of the Equipment. The Hirer acknowledges that the Equipment remains, at all times, the property of Surrey Plant. The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.

The Hirer will have quiet possession of the Equipment. Surrey Plant and the Supplier (as applicable) shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment during any Hire Period.

Hirer to notify Surrey Plant of issues with, or caused by the Equipment. The Hirer shall immediately notify Surrey Plant of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property.

Surrey Plant may access a Site to inspect and repair the Equipment. The Hirer shall grant (or shall procure that Surrey Plant, the Supplier or their authorised representatives are granted) access to the Site at all such reasonable times on reasonable notice to:

inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract; and/or

carry out any inspections or repairs of the Equipment.

The Hirer will replace any fuel in the Equipment. Where the Equipment is supplied with fuel, the Hirer shall return the Equipment with the same or a greater amount of fuel. Surrey Plant shall be entitled to charge the Hirer for any refuelling costs if the Hirer fails to comply with this clause 4.5, at such rates as may be notified to the Hirer from time to time.

Use and storage of the Equipment by Hirer. The Hirer:

shall keep the Equipment in good repair and condition, (fair wear and tear only excepted) but the Hirer shall not repair or allow any third party (other than the Supplier and only where directed by Surrey Plant) to repair the Equipment and shall notify Surrey Plant immediately if any repair is necessary;

shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used;

shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;

shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by Surrey Plant;

shall not make any alteration to the Equipment (including defacing or covering up any name plate or mark);

shall not without the prior written consent of Surrey Plant, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;

shall not, without the prior written consent of Surrey Plant, part with control of the Equipment;

shall not do or permit to be done anything which could invalidate Surrey Plant’ or the Supplier’s insurances;

is responsible for the security of the Equipment whilst in the Hirer’s possession; and

will take all appropriate measures to secure the Equipment at the Site, including when not in use.

Damage to or loss of Equipment. Subject to clause 7, the Hirer shall pay Surrey Plant:

all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by Surrey Plant, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and or cleaning have been completed; and

the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by Surrey Plant.

Consequences of expiry or cancellation of the Contract. On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to Surrey Plant or its nominated supplier..

Surrey Plant requires access to recover or substitute the Equipment. The Hirer will grant, and will ensure that the owner of any third party premises will grant to Surrey Plant or the Supplier, their agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this clause 4.9 are without prejudice to any rights and remedies of Surrey Plant.

Substitution of the Equipment. Surrey Plant may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. Surrey Plant will give you reasonable notice if it intends to do this.