The conditions on which Ijanaposa hires out equipment and supplies operators in Uganda: site and ground, breakdown, damage, insurance and off-hire.
These are the conditions on which Ijanaposa Company Limited hires out equipment and supplies operators and crews in Uganda. They sit behind every quotation we issue. Rates, hire periods, payment terms and anything else with a figure attached are in the quotation itself, not here.
In these terms, we, us and the Owner mean Ijanaposa Company Limited. You and the Hirer mean the person or company named on the quotation. The Equipment means every machine, vehicle, trailer, attachment, lifting accessory and item of plant listed on the quotation or delivery note. The Crew means any operator, driver, rigger, banksman, supervisor, technician or other person we supply with or without the Equipment. The Site means the place the Equipment is delivered to and worked on.
Where the quotation and these terms disagree, the quotation wins.
These terms apply to every hire unless we have signed a separate written contract with you that says otherwise. They apply from the moment you accept a quotation, issue a purchase order against one, or accept the Equipment on site, whichever happens first. A purchase order, a framework agreement or a set of standard conditions of your own does not replace these terms unless one of our directors has agreed to it in writing.
Nothing in these terms takes away a right you have under the Contracts Act, 2010 or the Sale of Goods and Supply of Services Act, 2017 that cannot be contracted out of.
Lifting work is contracted in one of two ways, and they put the responsibility for the lift in different places.
You hire the machine. If you take an operator with it, the operator is competent to run that machine, but works under your direction and control. You plan the lift, decide what is lifted and where it goes, appoint the competent person who supervises the lifting operation, provide the slinging and signalling, and carry responsibility for the lifting operation itself. Our responsibility is to deliver a machine in good working order with valid examination records, and a competent operator.
We plan and run the lift. We appoint the lift planner and the supervisor, we produce the lift plan and the risk assessment, we select the machine, and we take responsibility for the lifting operation from arrival to departure. You give us accurate information about the load, the site and the ground, and you keep the area clear.
The quotation says which of the two you are buying. If it does not, ask before the machine leaves our yard.
Lifting and rigging · Lifting and rigging, our contract lift service
Lifting appliances and lifting machines used at a workplace in Uganda must be thoroughly examined by an authorised person at the intervals the Occupational Safety and Health Act, 2006 sets, and the particulars entered in the register that Act requires. We keep those records for the Equipment we own and we will show them to you, your client or an inspector.
Unless the quotation says we are providing it:
If you ask our people to help with loading, unloading or slinging, they do that work under your direction, and you carry responsibility for it.
You know your Site and we do not. You confirm that the Site, the access road and the standing position are suitable for the Equipment, and you remain responsible for that assessment throughout the hire.
If the ground is soft, made up, backfilled, waterlogged or otherwise unsuitable, you supply and lay the timbers, mats or other support the machine needs, in the right position, before it arrives. If we supply timbers or mats, that is to help you do it. It does not move the responsibility for the stability of the machine onto us.
You are responsible for protecting, and liable for damage to, anything underground, at ground level or overhead on or beside the Site: cables, water and gas lines, ducts, drains, septic systems, kerbs, paving, culverts, bridges and power lines. Ugandan sites routinely turn out to have services that appear on no drawing. Tell us what you know and mark what you can.
If a machine has to be recovered from soft or unsuitable ground, or from a hazardous position, the cost of recovery is yours.
Our operator or supervisor may refuse to work, or stop work, where the ground, the access, the weather, the wind, the lighting or the conduct of others on Site makes the operation unsafe. That is not a breach of these terms. Hire charges continue while the Equipment stands idle for a reason outside our control.
Everyone we supply is vetted, and their identity, licences and competence checked before they reach your Site.
On an equipment hire, the operator or crew works under your direction and control for the duration of the hire. They are competent on the machine, but the decisions about what is lifted, moved or placed, and how the work is sequenced, are yours.
On a contract lift, our supervisor directs the lifting operation and our people work under our control.
In both cases:
You may not offer employment to a member of our crew, directly or through another company, during the hire or for a period afterwards, without our written agreement.
Outstanding: whether this non-solicitation clause is wanted at all, and for what period. The period is a commercial decision as much as a legal one, and it is left blank until the client and the lawyer fix it.
Check the Equipment when it arrives. If there is anything wrong with it, tell us in writing straight away and before it is put to work. If you do not, the Equipment is taken to have arrived in good order and in the condition the quotation describes, apart from a fault that was inherent or that a reasonable inspection would not have found.
Where a machine has to be erected on Site, the check period runs from the completion of erection.
If you continue to use a machine that is in an unsafe or unsatisfactory condition, or in an unsafe environment, what follows is yours.
Tell us about a breakdown, a fault or damage as soon as it happens, by phone, and confirm it in writing. A claim for breakdown time runs from the point we receive the written notification, not from the point the machine stopped.
If we decide urgent repairs are needed, we may take the Equipment away to carry them out, and we will replace it with a similar machine where one is available.
From the moment the Equipment reaches your Site until we collect it, you are responsible for it and you make good to us all loss of or damage to it, whatever the cause, apart from fair wear and tear and the breakdowns covered in the section above.
You are not responsible for loss or damage:
Hire charges continue at the idle rate set out in the quotation until a settlement for the loss or damage is agreed.
We insure the Equipment we own, and we carry the employer’s liability and public liability cover a company in this business is expected to carry. Ask and we will send you the certificates.
For the duration of the hire you must hold, and show us on request, insurance covering:
Your insurance does not reduce what you owe us under the loss and damage section. Where your insurer settles part of a loss, the balance remains yours.
Outstanding: which policies the company actually holds, with the insurer and the class of cover, so this section states the real position rather than the expected one. It also has to be decided whether the hirer will be required to name Ijanaposa on their own policy, which is common practice and a commercial call.
If the Equipment or our crew is involved in an accident causing injury to anyone or damage to property, phone us immediately and confirm it in writing without delay. Do not admit liability, offer a settlement or promise a payment on our behalf.
Keep the scene as it is until we or an inspector have seen it, unless leaving it creates further danger. We will cooperate fully with any investigation by your client, your insurer, the Police, or the Department of Occupational Safety and Health.
The quotation says whether fuel is supplied by us or by you. Where you supply it, use the grade and type we specify, and anything that goes wrong from using the wrong fuel, oil or lubricant is yours. Where we supply it, it is charged as the quotation sets out.
Consumables and wearing parts used in your work, including cutting and drilling items, slings and shackles damaged in service, and filters replaced early because of Site conditions, are chargeable to you.
The hire period runs from the time the Equipment leaves our yard or the place it was last working, and it ends when the Equipment is back at our yard or another agreed place. The quotation sets out the travelling allowance, the charging basis and the idle rate.
Unless the quotation says otherwise, you pay the cost of transporting the Equipment to the Site and back.
Off-hire. The hire does not end because you have stopped using the machine. It ends when you give us written notice and we are able to collect. Telling our driver or operator is not notice. Ask us for an off-hire reference, and keep it: it is the record of when charging stopped.
If the Equipment is not available for collection when we come for it, it goes back on hire from that moment, you remain responsible for it under the loss and damage section, and the cost of the attempted collection is yours.
Where the hire period is open-ended, either of us can end it by written notice. The notice period is in the quotation.
If you cancel before the hire starts, you cover the costs we have already incurred or committed to.
You are responsible for compliance with the law that applies to the work on your Site, including the Occupational Safety and Health Act, 2006, environmental law, and the permits and notifications your project requires. You indemnify us against fines and charges that fall on us because of how the Equipment was used during the hire.
Where the job involves an abnormal or oversize load on a public road, a special load permit is required under Uganda’s road traffic legislation before the load moves. The quotation says whether we are obtaining it or you are. A load does not leave the Site without one.
Where the Equipment travels on a public road under its own power with a driver we supply, road traffic compliance for that journey is ours.
Rates, the charging basis, the invoicing cycle, the payment period and any deposit are in the quotation. Invoices are payable in full by the date on the invoice, without set-off or deduction.
If an invoice is not paid when it is due, we may suspend the hire after giving you written notice and stating why, and we may charge interest on the overdue amount at the rate the quotation sets. Suspension does not end the hire, and charges continue.
We may end the hire immediately by written notice if you fail to pay, break these terms, become insolvent, or do anything that puts our ownership of the Equipment at risk. If we do, you give us immediate and unobstructed access to collect the Equipment, and the outstanding hire and return transport become payable at once.
We are not liable for loss of profit, loss of production, loss of use, delay costs, loss of contract, or any indirect or consequential loss, however it arises.
Where these terms provide for an allowance against hire charges, that allowance is your only remedy for the circumstances that produced it.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited or excluded.
Drawings, scopes of work, method statements and site information you send us are used for your job and are not shared outside the people working on it. Personal data in an enquiry, a hire file or a crew record is handled as set out in our Privacy Policy.
These terms and every hire under them are governed by the laws of Uganda.
If something goes wrong, tell us and we will try to settle it by discussion first.
Where a dispute cannot be settled that way, it is referred to arbitration by a single arbitrator under the Arbitration and Conciliation Act, with the seat in Kampala and the proceedings in English. The courts of Uganda have jurisdiction over anything that is not referred to arbitration, and over the enforcement of an award.
Outstanding: whether disputes should go to arbitration at all, or straight to the courts of Uganda. Arbitration suits oil and gas and international contractor clients, who often insist on it, and it costs more than a small claim is worth. This is a commercial decision for the client, taken with the lawyer reviewing this page.
We may change these terms. The version that applies to your hire is the version in force on the date of your quotation, and it is the version attached to it. Changes do not apply to a hire already under way.
If anything here does not match what you were told, or does not fit how your project contracts lifting work, say so before the Equipment moves.
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Phone +256 760 364 921 · info@ijanaposa.com
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