GTC Machine Hire & Marine Civil Engineering

GENERAL TERMS & CONDITIONS FOR MACHINE HIRE AND MARINE CIVIL ENGINEERING SERVICES

(ed. 06-Oct-2024)

1. Definitions

1.1 "Owner" refers to Totoka Islands Ltd, the owner, operator, and service provider of the Machines and Marine Civil Engineering services.

1.2 "Client" refers to the customer or company engaging the Owner for Machine Hire or for Marine Civil Engineering services.

1.3 "Machine" refers to any equipment provided for hire by the Owner, including but not limited to mobile cranes, excavators, trucks, and trailers.

1.4 "Marine Civil Engineering Services" refers to the design, construction, and installation of marine infrastructure, including but not limited to moorings, floating docks, breakwaters, and harbor facilities.

1.5 "Hire Period" (for Machine Hire) refers to the period during which the Client is entitled to use the Machine as specified in the hire agreement.

1.6 "Project Period" (for Marine Civil Engineering Services) refers to the duration of the agreed project for the provision of marine civil engineering works.

1.7 "Manifest/Scope of Work" refers to the document provided by the Client detailing equipment requirements, project specifications, timelines, and the responsibilities of the parties.

1.8 "Gross Negligence" refers to an intentional or reckless disregard of reasonable standards of care that results in damage or loss.

2. Application

2.1 These General Terms & Conditions (GTC) apply to all hire agreements and service contracts for Machine Hire and Marine Civil Engineering Services between the Owner and the Client, unless otherwise explicitly agreed in writing.

3. Charges and Payment

3.1 For Machine Hire, the hire rate is as specified in the individual hire agreement.

3.2 For Marine Civil Engineering Services, service fees shall be as outlined in the respective service contract.

3.3 Payments shall be made in accordance with the payment schedule outlined in the applicable agreement.

3.4 Late payments may incur additional charges as specified in the respective agreement.

4. Operations and Services

4.1 Machine Hire

4.1.1 The Machines shall be operated solely by the Owner’s qualified operators, unless otherwise agreed in writing.

4.1.2 The Client shall provide a detailed Manifest outlining the intended use, project schedule, and any specific equipment requirements.

4.2 Marine Civil Engineering Services

4.2.1 The Owner shall provide the necessary engineering expertise, equipment, and project management for the agreed marine infrastructure works.

4.2.2 The Client shall supply a detailed Scope of Work, including site details, project timelines, and any required local permits or approvals.

4.2.3 The Owner reserves the right to modify the project schedule or scope if unforeseen conditions arise that affect operational safety or regulatory compliance.

5. Liabilities and Indemnities

5.1 The Owner shall not be liable for any loss, damage, delay, or expenses arising from the engagement of Machine Hire or Marine Civil Engineering Services, except in cases of the Owner’s gross negligence or intentional misconduct.

5.2 The Owner’s liability for any claims arising under or in connection with the agreements shall in no case exceed the total charges paid by the Client.

5.3 The Owner shall not be liable for:

  • a) Mechanical breakdowns or delays caused by unforeseen technical issues with the Machines.
  • b) Delays due to adverse weather conditions, regulatory changes, or acts of God.
  • c) Losses incurred due to idle time during repairs, maintenance, or project modifications.

5.4 The Client agrees to indemnify and hold the Owner harmless from any claims, liabilities, or damages arising from the use of the Machines or the execution of Marine Civil Engineering Services, except where caused by the Owner’s gross negligence or intentional misconduct.

6. Equipment, Project Specifications, and Site Conditions

6.1 For Machine Hire, the Client shall provide a detailed plan outlining the intended use of the equipment, the schedule for its usage, and the responsibilities regarding its setup, safe operation, and return.

6.2 For Marine Civil Engineering Services, the Client must ensure that the project site is safe, accessible, and free of obstructions that could hinder the construction and installation of marine infrastructure.

6.3 The Client is responsible for ensuring that all equipment, cargo, and project details comply with relevant safety and regulatory standards.

6.4 In the event of unsafe or unsuitable conditions at the project site, the Owner reserves the right to suspend work until such conditions are remedied, with any resultant delays charged to the Client as agreed in the contract.

7. Force Majeure

7.1 The Owner shall not be liable for any failure to perform or delays in performing its obligations under these agreements due to circumstances beyond its reasonable control, including but not limited to natural disasters, wars, government actions, strikes, or unforeseen equipment failure.

7.2 In the event of force majeure, the relevant Hire Period or Project Period may be suspended or terminated without any liability on the part of the Owner.

8. Insurance

8.1 The Owner shall maintain insurance coverage for the Machines and, where applicable, for the marine civil engineering projects.

8.2 The Client shall ensure that any equipment, cargo, or project is adequately insured. The Owner shall not be liable for loss or damage resulting from insufficient insurance coverage by the Client.

9. Termination

9.1 The Owner reserves the right to terminate any agreement with immediate effect if the Client breaches any terms of the agreement or if project conditions are deemed unsafe or non-compliant with regulations.

9.2 In the event of termination due to the Client’s breach, the Owner is entitled to retain any payments made and to claim for any additional losses incurred.

10. Governing Law and Jurisdiction

10.1 These General Terms & Conditions and any disputes arising under them shall be governed by and construed in accordance with the laws of the Republic of Fiji.

10.2 Any disputes that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of the Republic of Fiji.

Acceptance of Terms

By engaging the services of Totoka Islands Ltd for Machine Hire or Marine Civil Engineering Services, the Client acknowledges and accepts these General Terms & Conditions.