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CRANE HIRE (WET HIRE) TERMS AND CONDITIONS
M2 CRANES & RIGGING PTY LTD

Definitions

1.   In these conditions M2 Cranes & Rigging Pty Ltd is hereinafter referred to as the “Contractor”, and this expression includes its employees, subcontractors and agents. The “Customer” means the person or entity shown on the delivery docket requiring the service. The “Equipment” means any crane, lifting appliance, rigging gear, vehicle or associated plant supplied by the Contractor. The “Goods” means any wares, merchandise, plant, machinery, structures or items of any kind, including crates, cases and their contents.

2.   All hire provided by the Contractor is wet hire only, meaning the Equipment is supplied with skilled, licensed operators and riggers employed or engaged by the Contractor. Under no circumstances shall the Customer or its personnel operate the Equipment.

3.   The Contractor is not a common carrier and does not accept the obligations or liabilities of a common carrier. The Contractor may refuse the handling, lifting or carriage of any Goods at its discretion and without being bound to give any reason.

4.   All work is undertaken entirely at the Customer’s risk. The Contractor shall not be responsible for any accident, injury, loss or damage arising from the use or operation of the Equipment, including damage caused by defects in the Equipment or negligence of the Contractor, its employees, agents or subcontractors.

5.   All Goods are handled, lifted and/or carried at the Customer’s risk, and the Customer indemnifies the Contractor against any loss, damage or claim arising from the lifting, handling or movement of the Goods.

6.   The Contractor may subcontract any part of its obligations under this agreement without reference to the Customer.

7.   The Customer shall declare the correct weight of all Goods. The Contractor is entitled to rely on the declared weight when arranging the lift. The Customer shall be responsible for all extra cost, risk or damage incurred by reliance on an incorrect declared weight.

8.   The Customer shall fully disclose the nature of all Goods, including the contents of crates, packages or concealed items, and shall ensure the Goods are suitable for lifting.

9.   The Customer acknowledges that crane setup may occur on driveways, footpaths, slabs, soil, grass, fill or uneven ground, and accepts full responsibility for ensuring all ground conditions are safe, stable and capable of supporting the crane and outrigger loads.

10.   The Customer accepts responsibility for any damage to ground surfaces, including cracking, subsidence, breakage or failure of concrete, asphalt, pavers, landscaping or underground services caused by crane access, setup or operation.

Hire, charges and insurance

11.   The Contractor maintains insurance for motor vehicle third party, workers compensation, public liability and limited liability for Goods handled. Insurance for Goods will not be affected for the Customer unless expressly instructed in writing and at the Customer’s expense. The Contractor requires accurate descriptions, values and adequate time to arrange such insurance.

12..   Unless otherwise agreed in writing, the Customer will pay service charges at the Contractor’s current price list rate, calculated from the time the Equipment leaves the Contractor’s depot until its return.

13.   The Contractor may charge at the usual rate for any delays in travelling to, from, or at the Customer’s site, where such delays result from causes beyond the Contractor’s reasonable control.

14.   The Customer shall be responsible for all delays caused by instructions given by the Customer, including delays due to bogging, unsafe ground conditions, access issues or breakdowns resulting from such instructions. These delays shall be charged at the Contractor’s usual rate.

15.   The cost of delivery of the Equipment to the Customer’s site and return to the Contractor’s depot shall be borne by the Customer at the agreed rate.

16.   The Customer shall be responsible for any loss or damage to the Equipment, excepting fair wear and tear, while the Equipment is on or accessing the Customer’s site.

Site control, equipment and safety responsibilities

17.   The Contractor’s operators and riggers shall have full control of the Equipment at all times. The Customer shall provide competent personnel to direct the lift, including load preparation, rigging suitability, exclusion zones, landing areas and site control.

18.   The Customer agrees not to remove, deface or obscure any identification, ownership markings or registration numbers on the Equipment.

19.   The Customer agrees to notify the Contractor immediately of any incident, damage, breakdown or accident involving the Equipment and to provide details of the suspected cause.

20.   The Customer agrees to comply with all relevant WHS legislation, regulations, codes of practice and site safety requirements, and shall ensure compliance by its employees, agents and subcontractors.

21.   Any loss of any part of the Equipment occurring while on the Customer’s site, whether due to theft or any other cause, shall be the responsibility of the Customer.

22.   The Customer shall ensure the Equipment is not used to lift any load beyond its rated capacity, and shall indemnify the Contractor against all claims, actions or damages arising  from misuse, overloading or unsafe lifting practices.

23.   The Customer agrees to notify the Contractor of any loss or damage to any part of the Equipment, including any defect that may affect compliance with statutory regulations or safe operation.

24.   The Customer acknowledges that no passengers are permitted to travel on the Equipment.

25.   The Customer shall ensure safe access for the Equipment, including adequate clearance, firm ground, suitable gradients and safe approach paths. Any damage caused by unsafe access conditions shall be the Customer’s responsibility.

26.   The Customer shall be responsible for any accidental damage to the Equipment, any injuries sustained by persons assisting with the lift, and any damage to other property caused by the Equipment while on the Customer’s site.

Indemnities and exclusions of liability

27.   In the event of any accident or breakdown of the Equipment, the Customer shall not make any claim against the Contractor for damages, delay or loss of time resulting from such accident or breakdown.

28.   The Customer agrees to indemnify and hold harmless the Contractor from any claim, cost, damage or liability arising from:

  • unsafe or unsuitable ground conditions

  • incorrect information provided by the Customer

  • damage to underground services

  • damage to structures, pavements or property

  • unsafe rigging or load preparation

  • directions given to the Contractor’s operator

  • failure to comply with WHS requirements

  • delays caused by the Customer or other contractors

29.      By signing the docket, the Customer acknowledges and accepts these Terms & Conditions and assumes full responsibility for ground conditions, load safety, site control and all associated risks.

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