Common use of Delivery in Good Order Clause in Contracts

Delivery in Good Order. 7.1 The Supplier shall supply the Plant to the Hirer in good order in conformity with the Technical Workscope, the manufacturer’s specifications, Group Standards and Network Rail Standards and in compliance with the provisions of this Agreement. 7.2 The Plant shall be deemed to be in good order in accordance with the terms of this Agreement, save for either an inherent fault or a fault not ascertainable by reasonable examination, unless written notification is provided within four working days from delivery to site. Where the Plant is required to be erected on site, the period shall be calculated from the date of the completed erection of the Plant. 7.3 The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and/or the Supplier’s recommendations, and making it available for collection on completion of the Hire Period in equal good order (fair wear and tear excepted). 7.4 The Hirer shall at all times when hiring Plant without the Supplier’s operator or driver take all reasonable steps to keep itself acquainted with the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising therefrom. 8 Ground and Site Conditions 8.1 The Hirer is deemed to have knowledge of the site or the property or land where the Plant is to be delivered and the Hirer warrants that the condition of the site or place of delivery of the Plant is suitable for the use of such Plant. 8.2 If, in the reasonable opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant to work on, travel over, be transported over, be erected or dismantled on without timbers or equivalent support, the Hirer shall supply and lay suitable timbers or equivalent support in a suitable position for the Plant to travel over, work on, be transported over, be erected or dismantled on, including for the purpose of delivery and collection. 8.3 Any timber or other material supplied by the Supplier is provided solely to assist the Hirer under their duties within clause 8.2 and expressly not to relieve it of its legal, regulatory or contractual obligations to ensure adequate stability of the Plant. 8.4 The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body.

Delivery in Good Order. 7.1 The Supplier shall supply the Plant to the Hirer in good order in conformity with the Technical Workscope, the manufacturer’s specifications, Group Standards and Network Rail Standards and in compliance with the provisions of this Agreement. 7.2 The Plant shall be deemed to be in good order in accordance with the terms of this Agreement, save for either an inherent fault or a fault not ascertainable by reasonable examination, unless written notification is provided within four working days from delivery to site. Where the Plant is required to be erected on site, the period shall be calculated from the date of the completed erection of the Plant. 7.3 The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and/or the Supplier’s recommendations, and making it available for collection on completion of the Hire Period in equal good order (fair wear and tear excepted). 7.4 The Hirer shall at all times when hiring Plant without the Supplier’s operator or driver take all reasonable steps to keep itself acquainted with the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising therefrom. 8 Ground and Site Conditions 8.1 The Hirer is deemed to have knowledge of the site or the property or land where the Plant is to be delivered and the Hirer warrants that the condition of the site or place of delivery of the Plant is suitable for the use of such Plant. 8.2 If, in the reasonable opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant to work on, travel over, be transported over, be erected or dismantled on without timbers or equivalent support, the Hirer shall supply and lay suitable timbers or equivalent support in a suitable position for the Plant to travel over, work on, be transported over, be erected or dismantled on, including for the purpose of delivery and collection. 8.3 Any timber or other material supplied by the Supplier is provided solely to assist the Hirer under their duties within clause 8.2 and expressly not to relieve it him of its his legal, regulatory or contractual obligations to ensure adequate stability of the Plant. 8.4 The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body.