1. AGREEMENT FOR HIRE

Uptop Access Sdn. Bhd. (“the Owner”) will let and the Hirer will take on a hire the equipment set out in the Schedule (“the Equipment”) upon the terms and conditions hereinafter set out and the Owner may on request, provide a person or persons to operate the Equipment (‘the Operator”) at such additional charges as may be determined by the Owner and such additional charges shall be paid together with the Rental Charges.

2. RENTAL PERIOD

2.1 The hiring shall commence on the date of the Equipment is delivered and shall continue until determined by notice in writing.

2.2 No allowance will be made for Sundays, public holidays or time in transit or for any period of the time the Equipment may not be in actual use while the same is in Hirer’s possession.

3. PAYMENT

3.1 The Rental Rate specified in the Schedule is for use of the Equipment for one-shift only (between 9am to 5pm). If the Equipment is used in excess of one-shift, the Hirer shall pay excess usage charge on a pro-rated basis at one-half the stipulated Rental Rate for one-shift (This Clause does not apply to Scaffold Tower)

3.2 Punctual payment of each instalment of rental shall be of the essence in this Contract and the Hirer shall be deemed to have repudiated this Contract if any instalment or part thereof remain unpaid for more than two (2) days after becoming due and thereafter all overdue payments shall be payable with interest at the rate of 1.5% per month until full payment thereof, such interest to run from day to day.

3.3 All surns payable to the Owner under this Contract shall be paid at the abovementioned address of the Owner or such other address as the Owner may have from time to time specified in writing and all payments made by post shall be at the risk of the Hirer until received by the Owner.

4. DELIVERY

4.1 In the event the Equipment is at any time not available for hire or delivery for any reason whatsoever, the Owner may, at its discretion, deliver to the Hirer another equipment of similar capacity and function. The Hirer has inspected the Equipment and is satisfied with its condition at the time of signing this Contract.

4.2 In the event the Equipment delivered is deemed unsuitable for use due to reasons not attributable to the Owner, the Hirer shall be liable for one (1) day of rental charges in addition to transport charges incurred. The determination of suitability shall be at the sole discretion of the Owner, and the Hirer acknowledges that all reasonable efforts have been made to deliver Equipment in accordance with the agreed specifications.

5. INSURANCE

5.1 The Hirer shall effect at his own expense public liability insurance cover for the use and operation of the Equipment. The Hirer shall at the request of the Owner, furnish to the Owner copies of all premium receipts and such insurance policy.

5.2 Without prejudice to Clause 13 herein, in the event of any loss or damage of the Equipment caused by accident or any other reason whatsoever the Hirer shall pay to the Owner the excess applicable in any relevant insurance policy taken out by the Owner to cover such loss or damage within fourteen (14) days of the Owner’s notice.

6. UNDERTAKING BY THE HIRER

6.1 During the continuance of the hiring the Hirer shall: 

(a) permit only persons qualified or licensed to use or operate the Equipment excluding re-hiring by the Hirer to any third party without the Owner’s consent;

(b) keep the Equipment at all times in his possession and control and not to remove the same without Owner’s written consent;

(c) indemnify the Owner against all loss of or damage to the Equipment or any part thereof from whatever cause arising and whether or not such loss or damage results from the negligence of the Hirer;

(d) immediately notify the Owner by telephone or in writing of any accident involving the Equipment and shall not remove the Equipment from the scene of the accident without the consent of the Owner or the police. 

(e) obtain at his own expense all necessary licenses, permits and permissions for the use of the Equipment and shall use the Equipment in accordance with any applicable law or regulation for the time being in force.

7. TERMINATION BY OWNER

If the hirer shall make default in payment of any of the sums payable hereunder or shall fail to observe or perform any of the terms and conditions of this Contract whether express or implied the Owner may, without prejudice to any pre-existing liability of the Hirer to the Owner, by a fourteen (14) days notice in writing determine this Contract.

8. AUTOMATIC TERMINATION

If the Hirer shall commit an act of bankruptcy or being a company enters into liquidation whether voluntary or compulsory or if distress or execution shall be levied or threatened upon any of the Hirer’s property or any judgment against the Hirer shall remain unsatisfied for more than fourteen (14) days or if the Hirer shall abandon the Equipment then this Contract shall automatically and without notice determine.

9. REPOSSESSION

Upon the termination of this Contract pursuant to clauses 7 or 8 hereof the Owner may without notice retake possession of the Equipment and may for that purpose by himself servants or agents without previous notice enter upon any land or premises on or in which the Equipment or any of them are or are believed by the Owner to be situated and until Equipment is repossessed by the Owner, the Hirer shall continue to pay the Owner the full rental on the Equipment.

10. RETURN OF EQUIPMENT

The Hirer shall be responsible for the safekeeping of the Equipment and shall upon the termination of this Contract, return the Equipment to the Owner in good and substantial repair and condition (fair wear and tear only excepted). In the event the Equipment is retured to the Owner damaged or in an excessively worn condition, the Hirer shall pay the Owner the reasonable cost of repair and shall continue to pay rental on the Equipment on a pro-rated basis at one-half the stipulated rental rate until the repairs are completed. Additional charges may result from debris and stains such as paint plaster, cement, glue, oil, etc, not removed from the returned Equipment.

11. OWNERSHIP

The Equipment shall remain the property of the Owner and nothing contained in this Contract shall confer or be deemed to confer any interest in the Equipment in the Hirer.

12. EXCLUSION OF LIABILITY FOR DEFECTS AND CONSEQUENTIAL LOSSES

12.1 No Liability shall attach to the Owner either in contract or tort for loss injury or damage sustained by reason of any defect in the Equipment whether such defect be latent or apparent on examination.

12.2 The Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the Equipment through any cause whatsoever, or through replacement or substitution of the Equipment for any reason whatsoever.

12.3 The Owner shall not be liable for any loss, injury or damage including any consequential loss or damage due to or arising from any act, omission or negligence on the part of the Operator.

13. INDEMNITY

The Hirer shall and does hereby indemnify and hold harmless the Owner from and against all actions, claims, demands, losses, damages, penalties, fines, costs and expenses for which the Owner shall or may be or become liable in respect of and to the extent that they arise them:

(a) the negligent use, misuse or abuse by the Hirer or any of its employee of the Equipment;

(b) the loss, damage or injury to property or person caused or contributed to by the use or operation of the Equipment by the Hirer or any of its employee, 

(c) the loss, damage or injury to property or person occasioned or contributed to by any act, omission, neglect, breach, or default of the Hirer or any of its employee. 

(d) the violation of any applicable law or regulation by the Hirer or any of its employee in the use or operation of the Equipment.

14. NOTICE

Any notice to be given under this Contract shall be sent by telefacsimile telex or letter to the abovementioned address and telefacsimile telex number of the parties or advised from time to time in writing and shall be deemed to have been received, if by telefacsimile or telex, the day after despatch and if by registered post, in due course of posting.

15. GOVERNING LAW

This Contract shall be governed by and construed in accordance with the laws of Malaysia.

16. DEFINITIONS 

(a) The expression “the Owner” shall include his successor and assigns. 

(b) The expression “the Hirer” means the company, firm or person whose name appears in the Schedule who is taking Equipment on hire and includes their successors or personal representatives.