Hire Terms

1. Definitions

In these terms: “Owner” means NLS Nile Corporation; “Hirer” means the person or company hiring the Equipment; “Equipment” means any plant, machine, vehicle, attachment or accessory supplied by the Owner; “Hire Period” means the period from delivery (or agreed collection) of the Equipment until it is off-hired and collected or returned; and “Site” means the location where the Equipment is used. Where the Hirer buys goods through our online shop, section 13 also applies.

2. Quotations and Acceptance

Quotations are valid for 30 days from issue unless stated otherwise, and are based on the machine, duration, Site and terms (operated/bare, wet/dry) described in them. A binding hire contract is formed when the Hirer accepts a quotation in writing (including by email or purchase order) or pays the booking deposit, whichever happens first. If the job facts change materially — different ground conditions, access, distances or working hours — the Owner may re-quote before mobilising.

3. Hire Period and Rates

The Hire Period starts when the Equipment leaves the Owner’s yard for delivery (or is collected by the Hirer) and ends when it is off-hired by confirmed notice and collected by the Owner, or returned to the yard. A hire day is a calendar day or eight machine hours, whichever comes first; additional hours are charged pro-rata and part-days as a full day. Unless the quotation says otherwise, rates are dry (the Hirer supplies fuel), exclude mobilisation and demobilisation, and include an operator only where the quotation states operated hire. Equipment retained on Site but not worked at the Hirer’s instruction is charged at the standby rate stated in the quotation (or 50% of the day rate if none is stated); no hire is charged for downtime caused by mechanical breakdown after it has been reported to the Owner. Weekends and public holidays falling within the Hire Period are chargeable while the Equipment remains on Site.

4. Delivery, Collection and Access

The Owner will arrange transport where agreed and will use reasonable efforts to meet the agreed mobilisation window. The Hirer must provide safe, firm and legal access for delivery vehicles (including lowbeds), obtain any permits or consents needed for access, and warn the Owner of overhead cables, load-limited structures and underground services within the Site. Delivery and collection inspections are recorded on delivery notes signed by both parties; discrepancies must be raised at hand-over. Waiting time caused by the Site not being ready may be charged at the applicable hourly rate.

5. Use of the Equipment

The Equipment must be used only for its intended purpose, within its rated capacity, and in accordance with applicable law (including the Occupational Safety and Health Act and NEMA requirements). On operated hire, only the Owner’s operator may operate the Equipment, working under the Hirer’s site direction. On bare hire, only operators whose competency evidence has been accepted by the Owner in advance may operate it. The Hirer must not sub-hire, lend, relocate the Equipment from the Site, or remove any identification or tracking device without the Owner’s prior written consent, and must carry out (or allow the operator to carry out) daily checks of fluids, tyres/tracks and safety devices.

6. Maintenance and Breakdowns

The Owner is responsible for scheduled servicing and fair wear and tear, and will service Equipment on long hires at agreed intervals with reasonable notice. The Hirer must report any fault, damage or unusual noise immediately and stop using the Equipment where continued use would be unsafe or worsen the damage. The Owner will respond to mechanical breakdowns as described in the quotation/FAQs and may repair on Site or substitute equivalent Equipment. Costs arising from misuse, overloading, incorrect fuel or fluids, unauthorised repairs or operation, and punctures/tyre damage on bare hire, are for the Hirer’s account.

7. Loss, Damage and Insurance

From delivery until collection, the Equipment is at the Hirer’s risk while on Site. The Hirer must keep it secure, use it with reasonable care, and notify the Owner and (where relevant) the police immediately of any theft, loss or damage. The Owner arranges insurance over its plant and vehicles; the Hirer is responsible for the policy excess per incident, for any loss not covered due to the Hirer’s breach of these terms, and for its own works and liability insurances. The Hirer indemnifies the Owner against claims arising from the Hirer’s use, direction or overload of the Equipment, except to the extent caused by the Owner’s negligence or mechanical defect latent at delivery.

8. Payment Terms

A booking deposit is payable as stated in the quotation and is allocated against hire charges. Invoices are issued weekly in arrears (or on completion for short hires) and are payable within seven days of issue unless written account terms state otherwise. Payment may be made by M-Pesa or bank transfer; cheque payments are accepted from account clients and hire continues at the Hirer’s risk until cleared. Overdue amounts accrue interest at 1.5% per month (or the maximum lawful rate, if lower). The Owner may suspend or recover Equipment where payment is overdue, without prejudice to accrued charges. Prices are exclusive of VAT unless the quotation expressly states otherwise; shop prices shown to retail customers are inclusive of VAT as marked.

9. Off-Hire, Termination and Recovery

The Hirer may off-hire Equipment by confirmed notice to the hire desk; hire charges run until collection, which the Owner will arrange within one working day within Nairobi (longer upcountry by agreement). The Owner may terminate a hire and recover the Equipment immediately where payment is overdue, the Equipment is misused, relocated or sub-hired without consent, or the Hirer becomes insolvent. The Hirer grants the Owner (and its agents) access to the Site to inspect, service or recover the Equipment during site working hours. Early off-hire does not entitle the Hirer to a refund of any minimum-period charges stated in the quotation.

10. Liability

To the maximum extent permitted by Kenyan law, the Owner’s aggregate liability arising from a hire is limited to the hire charges paid for the Equipment concerned during that hire, and the Owner is not liable for indirect or consequential loss (including loss of profit, programme delay costs or liquidated damages) except where caused by its wilful misconduct. Nothing in these terms excludes liability for death or personal injury caused by negligence, or any liability that cannot lawfully be excluded. The Hirer remains responsible for the works themselves, including setting out, ground conditions and protection of underground and overhead services.

11. Force Majeure

Neither party is liable for delay or failure to perform (other than to pay amounts already due) caused by events beyond its reasonable control, including extreme weather, flooding, civil unrest, fuel shortages, road closures or government action. The Hire Period and charges continue while Equipment remains on Site unless otherwise agreed in writing.

12. Governing Law and Disputes

These terms are governed by the laws of Kenya. The parties will first attempt to resolve any dispute by good-faith negotiation, then by mediation in Nairobi, before either party begins court proceedings in the courts of Kenya, whose jurisdiction both parties accept.

13. Equipment Sales (Online Shop)

Orders placed through the online shop are offers to buy at the prices shown (inclusive of VAT as marked). An order is confirmed only when payment is confirmed to us by Safaricom (for M-Pesa) or cleared funds are received (for bank transfer) — the order-tracking page shows the authoritative status, including the M-Pesa receipt number. Risk passes on delivery or collection; title passes on full payment. Delivery is charged at cost where applicable and is arranged after payment; collection from our Nairobi yard is free. Goods that are unused and in original packaging may be returned within seven days of delivery for refund or exchange (delivery costs non-refundable); this does not affect your rights in respect of defective goods. Manufacturer warranties apply as stated for each product and are administered through us. If an item is unavailable after payment, we will offer a substitute of equal or better specification or a full refund to the paying M-Pesa number/bank account.