a) The ‘Owner’ is the company, firm or person letting the plant on hire and includes their successors, assigns or personal representatives.
b) The ‘Client’ is the company, firm, person, corporation or public authority taking the owner’s plant on hire and includes the successors or personal representatives and not necessarily the main contractor on site.
c) ‘Plant’ covers all classes of plant, machinery, equipment and accessories which the owner agrees to hire to the client.
d) A ‘Week’ is seven days.
e) The hire period commences from the time the plant is operational on the site. Client Responsibilities:
The following items are the responsibility of the client before and during the Erection/Dismantle. Failure to comply with them could result in down time and regrettably any associated costs would be forwarded to the client.
Adverse Weather Conditions:
The wind speed at which the mobile crane must cease operation is 30 mph, as outlined in the manufacturer’s manual. P.O.B. Crane & Plant Services & the client will obtain a weather report 48 hours prior to the operation and again, 24 hours before the operation. P.O.B. Crane & Plant Services will then liaise with the client to discuss the wind speed forecast. If high winds are forecasted P.O.B. Crane & Plant Services reserve the right to postpone the operation and rearrange. However, should the client still wish to proceed with the intended date they will be expected to instruct P.O.B. Crane & Plant Services, via email, to proceed accepting any associated costs should the operation be aborted due to the wind speed.
Method Statement Alterations / Revisions:
P.O.B. Crane & Plant Services Ltd reserves the right to change / alter the method statement at any point in time. However, if a client would like alterations to a method statement they must do so no less than 48 hours before the operation or P.O.B. Crane & Plant Services may postpone the operation. If a method statement needs altering by the
client on the day P.O.B. Crane & Plant Services reserve the right to abort the operation and all associated costs will be charged to the client.
Site Inspection Report:
During the initial site visit to discuss the tower crane Erection/Dismantle there might be some site specific instructions required to be carried out by the client prior to P.O.B. Crane & Plant Services’ arrival on the day of Erection/Dismantle. If these actions are ignored and as a result the operation is delayed regrettably all associated costs will be passed on to the client.
Prior to Erection/Dismantle the client should provide 415v power supply as specified in P.O.B. Crane & Plant Services contract. This supply is to be terminated in an enclosure with the provision of a lockable isolator within 2m of the base of the crane. Supply should have adjustable RCD protection and current limiting protection. An additional 110 volt supply will be required if tower lighting is applicable. Please speak with the operations department for characteristics. All ground connections must be carried out by site electricians and certified.
Base Verification Form:
The client must fax a signed copy of the base verification form to the office prior to the operation stating the base is sufficient to withstand all the tower crane loads, as per the manufacturer’s manual, and as per the base design characteristics. (Please see base verification form attached).
Access / Egress:
The client must provide suitable and safe access and egress to/from the area of operation and traffic management, including marshalling requirements from public roads for all vehicles. The client is to liaise with the adjoining property to ensure off-loading area is achievable on the day of the operation.
The client is to ensure an exclusion zone of 15 metres is positioned around the base of the tower crane being erected. The area of general work, i.e. off-loading / loading of components must also be designated as an exclusion zone using robust control barriers. A temporary exclusion zone should be installed under the jibs whilst being attached / removed from the tower crane. A 3.0m access will need to be maintained for emergency services into any adjacent properties.
Site Co-ordination / Co-operation:
The client is to co-ordinate all other activities on site so as not to impede the operation. All other site contractors are to be expected to co-operate whilst the operation takes place.
The client and not the owner shall be responsible for ensuring that the ground is level and suitable to withstand the loads imposed on it by the mobile crane(s) and transport involved in the Erection/Dismantle of the crane, and therefore, the client and not the owner shall be liable for all loss of or damage to the crane arising from any unsuitability of the ground conditions.
Testing of Crane:
The client needs to provide adequate access and room for the test weights to enable P.O.B Crane & Plant Services to test the tower crane.
Servicing & Inspections
The client shall at all reasonable times allow the owner, his agents or his insurers to have access to the plant to inspect, test, adjust or repair. So far as is reasonably possible such work will be carried out at times to suit the convenience of the client.
Should work continue near to or during the hours of darkness sufficient lighting must be provided by the client. P.O.B. Crane & Plant Services have the right to abort the operation if it becomes unsafe. P.O.B. Crane & Plant Services reserve the right to discontinue the operation if adequate lighting is not provided by the client, and will ensure that the tower crane is left in a safe configuration.
The client is to provide, where implemented, a site-specific safety induction (thirty minutes Max allowance) for all the P.O.B. Crane & Plant Services employees involved in the operation. This induction is to include emergency warning and evacuation procedures.
P.O.B. Crane & Plant Services will expect to have use of all site welfare facilities such as toilets, canteens and drying rooms.
The client is to provide adequate parking on site for at least 4 vehicles so P.O.B. Crane & Plant Services personnel can access their tools and manuals.
Notice of Accidents:
If the plant is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the owner by telephone and confirmed in writing to the owner’s office. And in respect of any claim not within the hirer’s agreement for indemnity no admission, offer, promise of payment or indemnity shall be made by the hirer without the owner’s consent in writing.
The plant or any part thereof shall not be re-hired, sublet or lent to any third party without the written permission of the owner.
Notice of Termination of Contract
Either party shall have the right to determine the contract at will by notice in writing or by telephone call communicated by wither party to the other (except in cases where the plant has been lost or damaged).
Protection of Owner’s Rights
a) The client shall not re-hire, sell, mortgage, charge, pledge, part with possession of and shall protect the same against distress, execution or seizure and shall indemnify the owner against all losses, damage, cost, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition.
b) If the client defaults in punctual payment of all sums due to the owner for hire of plant or other charges or shall fail to observe and perform the terms and conditions of this contract, or if the client shall suffer any distress or execution to be levied against him or made or propose to make any arrangement with his creditors or being a company, shall go into liquidation (other than a member’s voluntary liquidation) or if a receiver is appointed or manager or examiner of the client’s business or undertaking is appointed or possession taken by or on behalf of the holders of any debenture secured by a floating charge, or any property comprised in or subject to the floating charge or the client shall do or shall cause to be done or permit or suffer any act or thing whereby the owner’s
rights in the plant may be prejudiced or put into jeopardy, this agreement shall forthwith be terminated (without any notice or other act on the part of the owner and notwithstanding that the owner may have waived some previous default or matter of the same or a like mature), and it shall thereupon be lawful for the owner to retake possession
of the said plant for that purpose enter into or upon ay premises and / or incur interest charges upon unpaid monies, where the same may be and the determination of the hiring under this condition shall not affect the right of the owner to recover from the client any monies due to the owner under the contract or damages for breach thereof.
If during the continuance of the contract or at any time thereafter any dispute, difference or question shall arise between the owner and the client arising out of or in connection with the contract, such dispute, difference or question shall be referred pursuant to the Arbitration Act 1954 and 1980 or any statutory re-enactment or amendment thereof for the time being in force, to a Sole Arbitrator to be agreed upon by the owner and the client. If the parties fail to appoint and arbitrator within one calendar month of either party serving on the other party a written notice to concur in the appointment or an arbitrator the dispute shall be referred to a person to be
appointed on the application of either party by the President for the time being or the Institution of Engineers of Ireland. If an arbitrator declines the appointment or after appointment is removed by order of a competent court or is incapable or acting or dies and the parties do not within one calendar month of the vacancy arising fill the vacancy then either party may apply to the President for the time being of the Institution of Engineers or Ireland to appoint another arbitrator to fill the vacancy. In any case where the President for the time being of the Institute of
Engineers of Ireland is not able to exercise the functions conferred on him by this clause the said functions may be exercised on his behalf by the vice-president for the time being of the said institution.