11. Your obligations
11.1 You, at your own cost, will assume all responsibility for all conditions of the site above and below the surface including all environmental matters as may be applicable to the site.
11.2 You warrant that you have sought and obtained all necessary consents, licenses and approvals required for the delivery, collection, movement, loading, unloading, siting, installation and use of the Hired Equipment, and you will be deemed to have made all necessary due inspections, risk assessments, made all inquiries of all matters pertaining to the site and any access to the site required by us.
11.3 Unless otherwise expressly agreed in writing between the parties, you warrant that the works are capable of being performed on the site; and the site and site access (including ground conditions and weather conditions and vehicular access) are suitable for the safe and effective delivery, collection, movement, loading, unloading, siting, installation and operation of the Hired Equipment and performance of the Services and site works; and that any Hired Equipment shall be located within a maximum distance of 5 metres from a suitable vehicular access point.
11.4 You will at all times ensure that we have sufficient access to the site to do all things required to be done under the Agreement including delivery and unloading, of the Hired Equipment and any Sale Items, reloading and recovery of the Hired Equipment and performance of the Services. You will provide adequate facilities at the site including vehicular off loading, vehicular access within a maximum distance of 5 metres from the location or proposed location of the Hired Equipment, secure storage for our Hired Equipment and facilities to enable us to safely undertake the site works and the Services.
11.5 You will pay all costs (at our rates current from time to time) relating to the loading, transporting and unloading of the Hired Equipment and Sale Items upon delivery and collection of the Hired Equipment to and from your site or other place of delivery.
11.6 You will unless otherwise stated in sufficient time and at your own expense provide suitable foundations and ensure the site is levelled, graded, compacted and free from debris, structures and obstructions for the Hired Equipment, and such foundations will conform to any instruction, specification or drawing, which may be supplied by us.
11.7 Unless the parties agree otherwise in writing, you will be responsible for any personnel supplied by us who will be deemed to be acting as your agent and under your control.
11.8 Without prejudice to any other claim or remedy available to us, we will be entitled to be paid by you on demand for any costs, losses and expenses incurred by us as a result of your failure to comply with clause 11.1 to clause 11.6, including any overhead recovery, abortive suspension and delay costs and charges, and costs in relation to transport vehicular access labour storage and crane hire.
11.9 Unless we have agreed in writing to the contrary with you:
(a) we will not be under any obligation to provide any additional plant lifting gear or special apparatus, other than that carried by the delivery or collection vehicle, required for siting any Hired Equipment;
(b) we will not be under any obligation to provide power or labour, other than that carried by the delivery or collection vehicle;
(c) you warrant that any special appliances required for siting the Hired Equipment, which are not carried out by the delivery or collection vehicle, will be provided by you or on your behalf;
(d) we will be under no liability whatever to you for any damage whatever or however caused, if we are instructed to load or unload any Hired Equipment requiring special appliances, which in breach of the warranty in 11.9(b) above, have not been provided by you or on your behalf; and
(e) you will make available to us, upon provision of the vehicle, competent personnel to fully manage the lifting operation associated with the loading and unloading undertaken by the vehicle, having previously planned the predicted lifting operation in accordance with BS7121: Part 1:1989 and Part 4:1997.
11.10 You will bear the full cost of any additional plant lifting gear or special apparatus hired by us for the purpose of siting or removing the Hired Equipment.
11.11 We may provide additional plant lifting gear by entering into a contract under the Contractors Plant Association Model Conditions for the Hiring of Plant (or any other conditions reasonably acceptable to us) with a contractor (the Contractor) who will undertake the lifting operation on our behalf in accordance with BS 7121 – Safe Use Of Cranes, Part 1:1989 and Part 4:1997 where applicable, and you will indemnify us in full for all costs, damages, losses or liabilities arising out of or connected with the entering into and performance of the contract with the Contractor.
11.12 The Contractor will be responsible for the management and planning of the lifting operation notwithstanding your responsibilities under BS 7121.
11.13 Where, in our opinion, the ground in and around the site (including all private roadways accesses main pipes manholes weighbridges or approaches under through or over which we, our servants, agents or contractors might have to pass in the performance of any obligation) is soft or otherwise unsuitable you will in sufficient time and at your own expense supply and lay a surface in a suitable position for the Hired Equipment to travel over or stand on during the loading and unloading at the site.
11.14 You will be responsible for obtaining any necessary permissions, consents or authorisation from any owner or occupier of the site or any other land where access is required for the entry into the site and the siting of the Hired Equipment or Sale Item on the site.
11.15 You authorise us to accept the signature on delivery and collection of the Hired Equipment or Sale Item of any person reasonably holding themselves out to be your representative whether such person be so authorised or not.
11.16 You will indemnify us in full for all costs, damages, losses and liabilities incurred by us as a result of a claim made by any person firm or company (including us) arising out of or in connection with this clause 11, except where such costs, damages, losses and liabilities arise solely and directly from our negligent act or omission.