Common use of Malfunction Clause in Contracts

Malfunction. 4.1. In the event of a Malfunction to Plant and Equipment, the Hirer shall immediately notify General Crane Services. Under no circumstances shall the Hirer commence any works to repair the Plant and Equipment without the written consent of General Crane Services. 4.2. On notifying General Crane Services of a Malfunction, the Hirer must secure and safeguard the Plant and Equipment and take all reasonable steps to prevent injury to any persons or damage to any property as a result of the condition of the Plant and Equipment. General Crane Services does not accept liability for expenses incurred in such prevention or safeguarding activities. The Hirer remains responsible for the security of the Plant and Equipment until such time as the Plant and Equipment is returned to General Crane Services’ physical possession or depot. 4.3. From the date on which the Hirer gives notice in 4.1 and subject to 4.4, the hire charge (including Plant and Equipment and General Crane Services Personnel) shall be suspended in full until the Plant and Equipment is replaced (at General Crane Services’ election) or returned to operating condition. 4.4. If the Hirer, its employees or agents has materially contributed to or caused the Malfunction (including by directions given to General Crane Services Personnel) through its misuse, accident, negligence, fraud, misconduct, breach of the Agreement failure to comply with relevant laws, failure to observe warning signs or directions, failure to observe safety systems or Manufacturer operations procedures, then the Hirer will continue to pay the hire charges until the Plant and Equipment is fit for return to service and in addition shall pay the reasonable costs of repair incurred by General ▇▇▇▇▇ Services or its appointed agent. 4.5. General Crane Services shall use its reasonable endeavours to replace the Plant and Equipment the subject of the Malfunction with Plant and Equipment of a similar type but is under no obligation to do so. 4.6. General Crane Services shall not be liable for any direct, indirect or consequential costs, losses or damages suffered by the Hirer or third parties in relation to a Malfunction.