GENERAL CONDITIONS OF HIRE AND DISCLAIMER:
1. Downing's Hiring Supply hires to the customer the equipment as set out in the written contract supplied in terms of these general conditions of hire. The parties elect their respective domicile for the purpose of notice and service of process and proceedings at the addresses supplied.
2. All equipment supplied in hire remains the property of Downing's Hiring Supply cc. Any equipment lost or damaged by the client will be charged for at a replacement price quoted by Downings Hiring Supply cc..
3. Use of Equipment
3.1. The customer acknowledges that he/she is aware of the purpose for which the equipment is intended, and shall use the equipment for such purpose;
3.2. The customer shall use the equipment at his/her own risk, and indemnifies the owner against any claim of any nature brought against it by the customer’s employees, agents, representatives, guests or any third parties arising out of the use of the equipment by the customer or while in the possession of the customer, or any other cause and all costs and expenses incurred by the owner on an attorney and own client scale in defending or setting such proceedings;
3.3. The customer shall have no claim of any nature against the owner for any loss suffered or damages sustained by the customer arising from any cause, including, without limitations, the installation, use or malfunction of the equipment or the provisions of these general conditions other than the specific remedies provided for.
4.1. The hire period commences when the equipment is delivered or collected, and, subject to 5, ends when the owner accepts return of the equipment.
4.2. The owner shall use reasonable endeavours to ensure that the equipment is delivered or available for collection at the agreed time of return, the customer shall be charged additional higher charges at the rates agreed upon and accepted by the customer until such time as the equipment is either returned or collected by the owner, as the case may be, in addition to a travelling charge at the owner’s standard rates should the owner collect the equipment.
4.3. Should the equipment not be returned to or be available for collection at the agreed time of return, the customer shall be charged additional hire charges at standard rates initially agreed upon by the customer until such time as the equipment is either returned to or collected by the owner, as the case may be, in addition to a charge at the owner’s standard rates should the owner collect the equipment.
5.1. Should the customer;
5.1.1. Fail to comply with any obligation imposed on the customer in terms hereof, all of which are deemed to be material, on due date, and persist in such failure for days after having been given written notice to remedy such default; or
5.1.2. Commit any act of insolvency, or to be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, the owner shall be entitled to terminate this agreement forthwith and enter on any premises of the customer and retake possession of the equipment.
5.2. The specific remedies which the owner has against the customer in terms of these General Conditions are without prejudice to any other remedies which the owner may have, including the right to claim all such consequential and other damages from the customer as the owner may have suffered as a result of the breach by the customer of any of his obligations.
5.3. The owner’s liability to the customer and all persons claiming under him arising from any cause whatsoever including the wilful default or negligence of the owner, its employees or agents, shall be limited to the specific remedies provided for herein.
Marquee Tents on Tennis Courts & Swimming Pool Covers
(a) We take no responsibility whatsoever for any damage which may be caused from the time of erecting until the equipment is completely removed from the tennis court or swimming pool, or to any damage to the surface or surrounding fencing and plants.
(b) All breakables and loose items must be removed by you prior to any work done, as we cannot be held responsible for any breakage or damages caused by our workmen. Although every reasonable precaution shall be taken, in the event of the breakables or loose items not being removed by you, and so therefore removed by our workmen, it will be done entirely at the owner’s risk.
Swimming Pools - Covering of Swimming Pools
We take no responsibility whatsoever for any damage to pool, surrounding, covering and the pool itself, while erecting any type of structure.
Underground Sprinkler Systems or Electric Cables
(c) We take no responsibility whatsoever for any damage, which may be caused while erecting or dismantling marquees even after being shown where cables or sprinklers run.
(d) Although every effort is made to supply all the equipment at time requested, no liability or responsibility can be accepted in respect of late or non-delivery, mechanical breakdown, or other circumstances beyond our control, such as stay-aways, strikes, boycotts etc.
Acceptance of your booking is an indication to us that you fully accept the terms and conditions under which our service is offered.
Downing's Hire Service will not be held responsible for any injury during construction, nor during the period of a function, nor during the dismantling and removal of any equipment to anybody of the public or whatever person. The hirer must ensure that adequate cover has been put in place for such occurrence.
This contract shall be valid even if not signed by the customer.