Common use of Delivery and Collection Clause in Contracts

Delivery and Collection. 5.1 Clauses 5.2 to 5.5 shall apply if the Owner is responsible for the delivery of the Equipment and clause 5.6 to 5.8 shall apply if the Hirer is responsible for the collection of the Equipment. 5.2 The Owner shall use all reasonable endeavours to effect Delivery of the Equipment to the Delivery Site on the Commencement Date and risk shall transfer in accordance with clause 6 of this Agreement. 5.3 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Delivery of the Equipment. Acceptance of Delivery by such representative shall constitute conclusive evidence that the Hirer has examined the Equipment and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by the Owner, the Hirer's duly authorised representative shall sign a receipt confirming such acceptance. 5.4 To facilitate Delivery, the Hirer shall at its sole expense provide all requisite materials, facilities, access and suitable working conditions to enable Delivery to be carried out safely and expeditiously. 5.5 In the event that the Owner is unable to effect Delivery of the Equipment on the Commencement Date due to the act or omission of the Hirer: 5.5.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding that the Hirer has failed to accept delivery of the Equipment; and 5.5.2 the Owner shall have no liability to the Hirer should there be a delay in making the Equipment available for re-delivery or collection on any other day other than the Commencement Date. 5.6 The Owner shall make the Equipment available to collect by the Hirer during normal business hours on the Commencement Date. 5.7 The Hirer shall collect the Equipment from the Owner during normal business hours on the Commencement Date and risk shall transfer in accordance with clause 6 of this Agreement. 5.8 In the event that the Hirer fails to collect the Equipment from the Owner on the Commencement Date: 5.8.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding that the Hirer has failed to collect the Equipment; and 5.8.2 the Owner shall have no liability to the Hirer should there be a delay in making the Equipment available for collection on any other day other than the Commencement Date.

Delivery and Collection. 5.1 Clauses 5.2 5.1. HSS shall use its reasonable endeavours to 5.5 shall apply if procure delivery by the Owner is responsible for Supplier of the Equipment to (the) agreed delivery location(s) during Working Hours on the date or within the period specified in the Purchase Order or Supplier Agreement. 5.2. Time of delivery of the Equipment and clause 5.6 and/or performance of the Services will not be of the essence. If, despite HSS’ reasonable endeavours, HSS is unable for any reason to 5.8 shall apply if procure any delivery or performance on the specified date, HSS will be deemed not to be in breach of the Agreement or any Contract, nor (for the avoidance of doubt) will HSS have any liability to the Hirer is responsible for the collection direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in delivery and/or performance except as set out in this clause. Any delay in delivery of the EquipmentEquipment and/or performance of the Services will not entitle the Hirer to cancel the Contract unless and until the Hirer has given 24 hours’ notice to HSS requiring the delivery and/or performance to be made and the delivery and/or performance has not occurred within that period. If the Hirer cancels the Contract in accordance with this clause 5.2, then: 5.2.1. HSS will refund to the Hirer any sums which the Hirer has paid to HSS in respect of that Contract or part of the Contract which has been cancelled less any sums which HSS has paid (or is obliged to pay) to the Supplier and is unable to recover from the Supplier; and 5.2.2. the Hirer will be under no liability to make any further payments in respect of that Contract or part of the Contract which has been cancelled. 5.2 5.3. The Owner Hirer shall use all reasonable endeavours at its sole expense provide sufficient, access to effect Delivery and from the Site, unloading space, materials, facilities and access to employees and contractors to enable the Supplier or HSS to carry out the Services, including delivery of the Equipment to the Delivery Site, in a safe manner. The Hirer shall ensure that the Site on where the Commencement Date Equipment is to be delivered and/or Services to be performed is, where necessary, cleared and risk prepared before delivery or the performance of the Services is to commence. It is the Hirer’s responsibility to ensure that the Supplier or HSS has sufficient access to be able to deliver the Equipment and HSS shall transfer not be in breach of the Agreement and/or any Contract if it is unable to procure delivery of the Equipment to the Site in a safe manner. Additional charges shall apply for any redelivery or attempted redelivery in such circumstances in accordance with clause 6 of this Agreement5.10. 5.3 5.4. Delivery shall include the off loading of Equipment from the Supplier’s delivery vehicle at the Site. The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Delivery delivery point of the Equipment. Acceptance of Delivery delivery of the Equipment by such representative shall constitute conclusive evidence that the Hirer has examined accepted such delivery. 5.5. Unless otherwise agreed by the parties in writing, risk in the Equipment shall pass to the Hirer on delivery in accordance with clause 5.3. Risk in the Equipment will return to the Supplier on the date of collection of the Equipment agreed between the Supplier or HSS and has found it the Hirer (provided that the Supplier or HSS (as applicable) is able to be in good condition, complete and fit in every way for collect the purpose for which it Equipment on that date) or the date the Equipment is intendedreturned to HSS. 5.6. If required by During the Owner, period when the Equipment is at the Hirer's duly authorised representative shall sign a receipt confirming such acceptance. 5.4 To facilitate Delivery’s risk as provided in clause 5.5, the Hirer shall at insure each item of Equipment to a value of no less than its sole expense provide all requisite materialsfull Replacement Cost against any loss, facilitiesdamage, access and suitable working conditions to enable Delivery to be carried out safely and expeditiously. 5.5 In the event that the Owner is unable to effect Delivery fire or theft of the Equipment and shall maintain appropriate public liability insurance. The insurance cover will be maintained with a reputable insurer. The Hirer shall, on the Commencement Date due request, provide confirmation to the act or omission of the Hirer: 5.5.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding HSS that the relevant insurance policies are in place. 5.7. The Hirer has failed to accept delivery of shall, if agreed between the Equipment; and 5.5.2 the Owner shall have no liability to the Hirer should there be a delay parties in making writing, make the Equipment available for re-delivery collection by the Supplier or collection HSS on any other day other than the Commencement Date. 5.6 The Owner shall make date and time agreed between the parties at the end of the Hire Period and/or if the Supplier or HSS requires the return of the Equipment available at any point during the Term to collect by carry out its obligations under the Hirer during normal business hours on the Commencement Date. 5.7 Agreement. The Hirer shall collect grant or procure the grant of access to the Site to the Supplier or HSS to allow the collection of the Equipment from the Owner during normal business hours on the Commencement Date and risk shall transfer comply with its obligations set out in accordance with clause 6 5.3 in respect of this Agreementsuch collection. 5.8 In the event that 5.8. If the Hirer fails to collect the Equipment from the Owner on the Commencement Date: 5.8.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding that the Hirer has failed to collect the Equipment; and 5.8.2 the Owner shall have no liability to the Hirer should there be a delay in making does not make the Equipment available for collection on the date for collection agreed between the Supplier or HSS and the Hirer or the Supplier or HSS is not able to ensure the safe collection of the Equipment due to the Hirer’s act or omission including the failure to comply with its obligations under any other day other than Contract and/ or the Commencement DateAgreement, the Hire Period shall be extended automatically until the Equipment is collected. The Charges and any Additional Charges shall continue to apply to such extended Hire Period. 5.9. If the Equipment is unavailable for inspection or collection within 5 days of the scheduled date for inspection or collection as agreed between HSS and the Supplier or Hirer, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment as set out in clause 10.2.2 and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of HSS. 5.10. If the Supplier or HSS is unable to deliver or collect the Equipment on the dates agreed it may charge the Hirer all such reasonable additional costs and expenses that it may incur in respect of such inability to deliver or collect including additional delivery charges for any re-delivery of the Equipment (including any third party costs) and any storage charges.

Delivery and Collection. 5.1 Clauses HSS shall use its reasonable endeavours to deliver the Equipment to (the) agreed delivery location(s) during Working Hours on the date or within the period specified in the Purchase Order or Supplier Agreement. 5.2 to 5.5 shall apply if the Owner is responsible for the Time of delivery of the Equipment and clause 5.6 and/or performance of the Services will not be of the essence. If, despite HSS’ reasonable endeavours, HSS is unable for any reason to 5.8 shall apply if fulfil any delivery or performance on the specified date, HSS will be deemed not to be in breach of the Agreement or any Contract, nor (for the avoidance of doubt) will HSS have any liability to the Hirer is responsible for the collection direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in delivery and/or performance except as set out in this clause. Any delay in delivery of the EquipmentEquipment and/or performance of the Services will not entitle the Hirer to cancel the Contract unless and until the Hirer has given 24 hours’ notice to HSS requiring the delivery and/or performance to be made and HSS has not fulfilled the delivery and/or performance within that period. If the Hirer cancels the Contract in accordance with this clause 5.2, then: 5.2.1 HSS will refund to the Hirer any sums which the Hirer has paid to HSS in respect of that Contract or part of the Contract which has been cancelled; and 5.2.2 the Hirer will be under no liability to make any further payments in respect of that Contract or part of the Contract which has been cancelled. 5.2 5.3 The Owner Hirer shall use all reasonable endeavours at its sole expense provide sufficient, access to effect Delivery and from the Site, unloading space, materials, facilities and access to employees and contractors to enable HSS to carry out the Services, including delivery of the Equipment to the Delivery Site, in a safe manner. The Hirer shall ensure that the Site on where the Commencement Date Equipment is to be delivered and/or Services to be performed is, where necessary, cleared and risk prepared before delivery or the performance of the Services is to commence. It is the Hirer’s responsibility to ensure that HSS has sufficient access to be able to deliver the Equipment and HSS shall transfer not be in breach of the Agreement and/or any Contract if it is unable to deliver the Equipment to the Site in a safe manner. Additional charges shall apply for any redelivery or attempted redelivery in such circumstances in accordance with clause 6 of this Agreement5.10. 5.3 5.4 Delivery shall include the off loading of Equipment from HSS’ or its carrier’s delivery vehicle at the Site. The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Delivery delivery point of the Equipment. Acceptance of Delivery delivery of the Equipment by such representative shall constitute conclusive evidence that the Hirer has examined accepted such delivery. 5.5 Unless otherwise agreed by the parties in writing, risk in the Equipment shall pass to the Hirer on delivery in accordance with clause 5.3. Risk in the Equipment will return to HSS on the date of collection of the Equipment agreed between HSS and has found it the Hirer (provided that HSS is able to be in good condition, complete and fit in every way for collect the purpose for which it Equipment on that date) or the date the Equipment is intended. If required by returned to HSS. 5.6 During the Owner, period when the Equipment is at the Hirer's duly authorised representative shall sign a receipt confirming such acceptance. 5.4 To facilitate Delivery’s risk as provided in clause 5.5, the Hirer shall at insure each item of Equipment to a value of no less than its sole expense provide all requisite materialsfull replacement value against any loss, facilitiesdamage, access and suitable working conditions to enable Delivery to be carried out safely and expeditiously. 5.5 In the event that the Owner is unable to effect Delivery fire or theft of the Equipment and shall maintain appropriate public liability insurance. The insurance cover will be maintained with a reputable insurer. The Hirer shall, on the Commencement Date due to the act or omission of the Hirer: 5.5.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding request, provide confirmation that the Hirer has failed to accept delivery of the Equipment; and 5.5.2 the Owner shall have no liability to the Hirer should there be a delay relevant insurance policies are in making the Equipment available for re-delivery or collection on any other day other than the Commencement Date. 5.6 The Owner shall make the Equipment available to collect by the Hirer during normal business hours on the Commencement Dateplace. 5.7 The Hirer shall collect shall, if agreed between the parties in writing, make the Equipment from the Owner during normal business hours available for collection by HSS on the Commencement Date date and risk time agreed between the parties at the end of the Hire Period and/or if HSS requires the return of the Equipment at any point during the Term to carry out its obligations under the Agreement. The Hirer shall transfer grant or procure the grant of access to the Site to HSS to allow the collection of the Equipment and shall comply with its obligations set out in accordance with clause 6 5.3 in respect of this Agreementsuch collection. 5.8 In the event that If the Hirer fails to collect the Equipment from the Owner on the Commencement Date: 5.8.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding that the Hirer has failed to collect the Equipment; and 5.8.2 the Owner shall have no liability to the Hirer should there be a delay in making does not make the Equipment available for collection on the date for collection agreed between HSS and the Hirer or HSS is not able to ensure the safe collection of the Equipment due to the Hirer’s act or omission including the failure to comply with its obligations under any other day other than Contract, the Commencement DateHire Period shall be extended automatically until the Equipment is collected. The Charges and any Additional Charges shall continue to apply to such extended Hire Period. 5.9 If the Equipment is unavailable for inspection or collection within 5 days of the scheduled date for collection as agreed between HSS and Hirer, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment as set out in clause 11.6.2 and the Charges and any Additional Charges will continue to apply until settlement is made. 5.10 If HSS is unable to deliver or collect the Equipment on the dates agreed it may charge the Hirer all such reasonable additional costs and expenses that it may incur in respect of such inability to deliver or collect including additional delivery charges for any re-delivery of the Equipment (including any third party costs) and any storage charges.