General terms and conditions: moh seng cranes pte. ltd. (1 july 2021)
1. All hiring are subject to the availability of equipment at time of confirmation of order.
2. All hiring of equipment supplied by Moh Seng to the Hirer or at the request of the Hirer shall be subject to these general terms and conditions, which the Hirer accepts as binding on them.
3. Equipment used for internal shifting of cargo within a worksite is subject to a daily rental price.
4. The basic rental rates are based on standard working hours from 0800 hours to 1700 hours. Work after 1700 hours and up to 2359 hours, shall be deemed as overtime work with the overtime rate stipulated in the quotation. All work carried out after 2359 hours and up to 0759 hours on the next day shall be charged at double the overtime rate or otherwise stated.
5. The Weekly and Monthly rental charges are based on standard working hours from Monday to Saturday or otherwise stated.
6. Work on Sunday and Public Holidays will be quoted seperately upon request.
7. The price quoted for Weekly and Monthtly rental charges does not include diesel supply or other otherwise stated.
8. All single trip rates are based on a minimum of 4 hours or 8 hours depending on the crane tonnage mentioned on our quotation and any subsequent hour or part thereof shall be charged as overtime according to the price schedule.
9. Moh Seng or the Hirer reserves the right to terminate the rental by giving at least two (2) days notice in writing for Weekly rental and seven (7) days notice in writing for Monthly rental.
10. For hiring cancellations not earlier than one (1) day prior to the mobilization of Moh Seng's equipment, a minimum charge of 50% of the rates quoted shall be imposed as a cancellation and administrative charge.
11. All rates quoted are subject to prevailing GST Rates.
Duration of Rental
12. Rental shall commence when the equipment and operator arrives at the worksite and shall cease on the agreed end date and time of the rental.
13. The rental duration shall be specified in the quotation. Moh Seng reserves the right to demobilize the equipment on the expiry date unless otherwise agreed.
14. All proposed extensions of the rental duration shall be requested by the Hirer in writing, at least seven (7) days prior to the commencement of the proposed extension. Any proposed extension is subject to Moh Seng's agreement.
15. The Hirer shall insure the equipment and operator for the duration of each rental, not limited to all risk insurance on goods being handled, third party and public liability, machinery, all other risks and workmen compensation.
16. The Hirer shall dischage all claims made by any person and/or entity in respect of any liability suffered by Moh Seng under this agreement and indemnify Moh Seng in full on demand for all losses and expenses incurred in relation to them.
Conditions of Rental
17. The prices quoted are based on equipment leased for use on firm and solid ground conditions. The equipment shall not be used onboard any barge, vessel or floating platform, unless otherwise stated and agreed upon by Moh Seng in advance.
18. The Hirer is required to submit and declare all request in writing to Moh Seng at least two (2) days before hiring begins, failing which, Moh Seng shall not be held responsible for any delay due to non-compliance with this condition.
19. If the cargo or load differs from the agreed declaration, Moh Seng reserves all rights to abort the operation, claim full costs or a minimum of 8 hours, whichever is greater, from the Hirer.
20. Upon the completion of the rental, Moh Seng reserves the right to conduct an "off-hire" survey of the equipment and shall the right to require the Hirer to compensate Moh Seng for any damage caused to the equipment used during the rental period and to reimburse Moh Seng for any cost of repair and replacement.
Safety and Risk
21. For the purpose of the use of the equipment hired from Moh Seng, the Hirer shall at his own expense:
(a) obtain all necessary consents, licenses, approval and/or permits from every competent authority;
(b) comply with all relevant statues, regulations and requirements, including but not limited to the Workplace Safety and Health Act, Codes of Practice, Traffic and Enviromental Regulations;
(c) produce to Moh Seng on demand evidence of his compliance with this clause;
(d) compensate Moh Seng in full on demand for all liability resulting from any failure by the Hirer to comply with any obligation under this clause.
22. It is the Hirer's responsibility to supervise and direct Moh Seng's Employees, servants and agents during the course of work, including the equipment operator, if any, and to provide a safe working enviroment at site, including but not limited to safe access and/or egress of the lifting equipment as well as firm and level ground for lifting works free of all hazards, unground or otherwise.
23. The Hirer shall provide all crew required by any regulatory agency for safe lifting works at site, including but not limited to lifting supervisor, signalman and riggerman.
24. All works carried out by Moh Seng's equipment and/or operator shall be at the Hirer's risk. All fines and/or penalities imposed as a result of such work shall be borne by the Hirer and in the event such fines and/or penalities are imposed on Moh Seng, the Hirer shall indemnify Moh Seng for the same.
Acts of God and Equipment Failure
25. Should there be any failure of the crane's load indicator during lifting works, the cost of part replacements are to be borne by the Hirer.
26. In the event of Moh Seng's equipment breakdown during the rental period, Moh Seng will make arrangements to repair the equipment within a reasonable time. No deduction of the rental rate will be allowed if the total downtime is less than 48 hours. If it exceeds 48 hours, the rental rate shall be reduced on a pro-rated basis.
27. If either party hereto is prevented in the performance of any act required hereunder by reason of act of God, fire, flood, or other natural disaster, health epidemic, malicious injury, strikes, lock-outs, or other labour troubles, riots, insurrection, war or other reason of like nature not the fault of the party in performing under this agreement, Moh Seng reserves the option to continue or terminate operations without liability and/or compensation to any party.
28. All quotations provided by Moh Seng are valid for 30 days from the date of quotation.
29. Payment shall be made to Moh Seng within 30 days of the invoice date.
30. If the Hirer fails to make payment to Moh Seng on or before due date, Moh Seng may charge interest at 1% per month or part thereof on the outstanding sum owned.
31. All payments shall be made in the form of a crosses cheque made payable to "Moh Seng Cranes Pte. Ltd" and/or via online bank transfer payment.
32. Moh Seng may consider and grant a credit limit to the Hirer. Upon reaching the credit limit or 30 days payment terms, whichever occurs earlier, the Hirer should make the payment due to Moh Seng. Moh Seng reserves the right to stop working immediately if this term is not complied with, and claim for the balance outstanding.
33. For payment on Cash Terms customers, payment has to be tendered on or before completion of the work. Moh Seng reserves the right to stop work immediately if this term is not compled with.
34. After the issuance of Moh Seng's cash terms invoice, payment has to be made within five (5) working days upon receipt of the invoice. Moh Seng reserves the right to stop the new crane order if this term is not complied with.
35. Subject to clause 36, both parties shall deem the quotation and these general terms and conditions as a valid and legally binding contractual agreement between Moh Seng and the Hirer upon acceptance of the terms and conditions by the execution of the respective parties in this document.
36. In the event that the Hirer does not sign the quotation, the Hirer's acceptance of equipment delivered shall be deemed as the Hirer's full confirmation and acceptance of Moh Seng's rates, terms and conditions stipulated in the quotation and these genreal terms and conditions.
37. The Hirer shall not assign or sub-let his agreement in whole or in part without obtaining Moh Seng's prior consent in writing and it shall be a condition that the Hirer shall:
(a) ensure and be responsible for the compliance by any sub-hirer with the terms and conditions of this agreement;
(b) include in the sub-hire contract provisions consistent with these terms and conditions for the benefit of and to be enforceable by Moh Seng, and;
(c) furnish Moh Seng with copies of any sub-hire contract upon Moh Seng's request at any time.
38. All terms and conditions stipulated in this agreement are valid unless they superseded by any specific exception clauses in the quotation.
39. The obligations and restrictions imposed by this agreement are in addition to and not in substitution for the obligations and restrictions imposed and implied by law.
40. This agreement shall be governed by and construed in accordance with Singapore law and shall be subject to the exclusive jurisdiction of the Singapore Courts.