TERMS & CONDITIONS
from the Owner . The Hirer is responsible for all costs incurred in the changing or replacement of any tyre and the repair of any puncture .
( d ) The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner due to the Hirer ’ s negligence , misdirection or misuse of the plant , whether by the Hirer or his servants , and for the payment of hire at the idle time rate as defined in Clause 25 during the period the plant is necessarily idle due to such breakdown , loss or damage . The Hirer is responsible for the cost of spares and / or repairs due to theft , loss or vandalism of the plant . The Owner will be responsible for the cost of repairs , inclusive of the cost of spares , to the plant involved in breakdown from all other causes .
10 . OTHER STOPPAGES No claims will be admitted ( other than those allowed for under “ Breakdown ” or for “ Idle Time ”, as herein provided ), for stoppages through causes outside the Owner ’ s control , including bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any plant from soft ground .
11 . LOSS OF OTHER PLANT DUE TO BREAKDOWN Each item of plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles ( whether the property of the Owner or otherwise ) through any cause whatsoever , shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of plant working in conjunction therewith , provided that where two or more items of plant are expressly hired together as a unit , such items shall be deemed a unit for the purpose of breakdown .
12 . LIMITATION OF LIABILITY Except for liability on the part of the Owner which is expressly provided for in the Contract ( including these Clauses ):
( a ) the Owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond his reasonable control ;
( b ) the Owner shall have no liability or responsibility , whether by way of indemnity or by reason of any breach of the Contract , breach of statutory duty or misrepresentation or by reason of the commission of any tort ( including but not limited to negligence ) in connection with the hire , for any of the Hirer ’ s loss of profit , loss of use of the plant or any other asset or facility , loss of production or productivity , loss of contracts with any third party , liabilities of whatever nature to any third party , and / or any other financial or economic loss or indirect or consequential loss or damage of whatever nature ; and
( c ) whenever the Contract ( including these Clauses ) provides that any allowance is to be made against hire charges , such allowance shall be the Hirer ’ s sole and exclusive remedy in respect of the circumstances giving rise to the allowance , and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made .
13 . HIRER ’ S RESPONSIBILITY FOR LOSS AND DAMAGE
( a ) For the avoidance of doubt it is hereby declared and agreed that nothing in this Clause affects the operation of Clauses 4 , 5 , 8 and 9 of this Agreement .
( b ) During the continuance of the hire period the Hirer shall subject to the provisions referred to in sub paragraph ( a ) make good to the Owner all loss of or damage to the plant from whatever cause the same may arise , fair wear and tear excepted , and
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