Hire Terms and Conditions
1.DEFINITIONS
(a) The Company, firm or person letting the plant on hire is hereafter referred to as the “Owner” and the expression includes its successors.
(b) The “Hirer” is the Company, firm or person taking the Owner’s plant on hire and this expression includes their successors or personal representatives.
(c) “Plant” shall include any machine or part thereof and any attachments, fittings, replacements or any other item hired under this contract.
(d) “Regulations” means any act of Parliament, Order, Regulations byelaw or other similar instrument whether national or local, including any amendment, re-enactment or replacement thereof.
(e) “Hire Rate” shall be the rate of hire for the plant as provided on the hire document and is subject to the provisions of these General Terms & Conditions of Hire.
2. ACCEPTANCE
(a) Unless otherwise agreed, the hirers order, whether oral or in writing, for the supply of plant shall be construed as an expressed acceptance of these terms and conditions, and in so far as any provision of the hirer’s said order be inconsistent therewith, these terms and conditions shall be deemed to prevail.
(b) Any variations or purported variations of these terms and conditions shall be deemed to be of no effect unless agreed in writing & signed by a director or principal of the owner.
(c) Unless notification in writing to the contrary is received by the owner from the hirer within three working days of the contract or delivery to the site, the plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with the terms of the contract and to the hirer’s satisfaction. The hirer shall be responsible for its safe keeping, use in a workmanlike manner within the manufacturer’s rated capacity and return, on completion of the hire, in equal good order (fair wear & tear expected).
3.COMMENCEMENT OF HIRE
Subject to the other provisions of this contract, the owner shall supply the plant on the delivery date and at the site stated on the hire document. The period of hire shall start on such delivery.
Hire charges shall commence on the date of delivery unless otherwise stated on the hire document.
Responsibility for loss or damage to the plant is accepted by the hirer from the time the plant is delivered to the site until it is removed from the site by, or on the instructions of, the owner. This responsibility also applies while the plant is on site during any period prior to the commencement of the hire period or after its termination while the plant is awaiting collection.
4.The Hirer undertakes that where the purpose for which the Plant shall be utilised shall be one which qualities the Owner to obtain the appropriate Government Grant or any similar grant, the Hirer agrees that they will not take any action which may disqualify the Owner from obtaining such Grant or similar grant and will compensate the Owner to the full extent of any refund which the Owner is required to make to the Department of Trade and Industry as a result of any such disqualification.
5. MAINTANCE AND REPAIR
Owners Obligations
(a) The owner shall ensure that at commencement of the hire the Plant shall be of sound construction and good working order and properly maintained and that at that time all Regulations regarding construction, maintenance testing and inspection applicable to the Plant have been complied with.
(b) The Owner shall (save as hereinafter provided) carry out and provide all necessary repairs and replacement as quickly as reasonably possible, and (so far as reasonably possible and during normal working hours) at times to suit the convenience of the Hirer.
HIRER’S OBLIGATIONS
(a) The Hirer shall be responsible for puncture repairs and replacement of tyres at their own expense, but save as aforesaid he shall not repair the Plant or make replacements or alterations, unless authorised to do so by the Owner. Any replacements by the Hirer shall forthwith become the property of the Owner, and part of the Plant unless otherwise agreed in Writing.
(b) The Hirer shall forthwith notify the Owner if the Plant breaks down or fails to work properly, or if any repairs or replacements (other than to or of damaged or punctured tyres) are necessary.
(c) The Hirer shall at all reasonable times allow the Owner or its accredited representative or its insures representatives to have access to the Plant to inspect, test, adjust, repair, or replace the same.
(d) The Hirer shall provide fuel, oil and grease and shall carry out a daily check to ensure that the correct engine, hydraulic and cooling system levels are maintained, and shall take steps to ensure the protection of the Plant from damage by frost, including the use of a suitable anti-freeze mixture in the proportion specified by the makers of the Plant, regular cleaning, the maintenance of the correct tyre pressures and the tightening of wheelnuts.
(e) Without prejudice to the generality of the foregoing the Hirer shall cause the following steps to be taken to maintain any traction battery forming part of the Plant.
(i) Battery must properly charged, must at no time be operated in a discharged condition and must be allowed to cool for at least half hour before use.
(ii) Battery must be checked daily to ensure the correct level of distilled water is maintained.
(iii) An equalising charge must be carried out every four weeks. When an equalising charge is given the charge must be switched off manually after four (4) hours as the charge termination automatic replay only operates in the ‘normal’ charge position on the charging apparatus. (Serious battery damage will occur if these points are not supervised).
6. HIRERS LIABILITY FOR LOSS OR DAMAGE
(a) The Hirer accepts full responsibility to the Owner for loss or damage to or destruction of the Plant suffered during the period of hire from whatever cause the same may arise (fair wear and tear or Owner’s negligence excepted) and is fully responsible for the Owner for the safekeeping of the Plant and its return in equal order the Owner at the end of the hire (fair wear and tear excepted).
(b) The Hirer accepts all liability and responsibility in respect of and shall full completely indemnify the Owner against, all third party claims and losses however arising in respect of damage to or costs and charges in connection therewith, except insofar as the damage, loss, destruction, injury or death directly results from the negligence of the Owner its employees or agents.
(c) The Hirer shall pay the Owner forthwith for all repairs and replacements to the Plant, except insofar as any such damage, loss, destruction, Injury or death results from the negligence of the Owner its employees or agents.
7. PAYMENTS
(a) Unless otherwise set out overleaf the Owner shall render invoices (to include where applicable the price of transport to and from the site and insurance and licensing effected by the Owner pursuant to Clause 10 © hereof) at the end of each month for Plant on hire during that month, the Hirer shall pay by the end of the month following presentation of invoices or bakers’ order as stated overleaf.
(b) Immediately upon the hiring being terminated by the Owner in accordance with sub-clause 13(b) hereof the Hirer shall pay the Owner (in addition to any compensation payable hereunder) all moneys the accrued due under this Contract and any moneys which the Owner may be liable to pay to any third party by reason of any seizure and removal.
(c) The Hirer shall pay the Owner forthwith for all repairs and replacements to the Plant, except for repairs and replacements arising from fair wear and tear or from notification (given under the provision to paragraph (a) of the Owners obligations) under Clause 5 hereof.
8. VARIATION IN HIRE RATES
(a) The Owner reserve the right to increase the Hire Rate quoted by the proportional difference between the Retail Price Index most published by the Department of Trade and Industry (or any successor, Ministries or Departments) prior to the date of this Quotation/Contract and the Retail Price Index published in the month of delivery of the equipment and thereafter at twelve monthly intervals.
(b) The Hirer is based on the use of the Plant for up to 40 hours in any week. If the Plant is used over 40 hours in any week then the Hire Rate for that week shall be increased by the following percentages: -
Number of Hours used in any week Percentage increase on Hire Rate
41 hours – 50 hours
51 hours – 60 hours
61 hours – 70 hours
71 hours – 100 hours
9. SUBLETTING
The Hirer shall not without the consent of the Owner assign, sub-let, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant.
10. HANDLING OF PLANT
(a) The plant shall remain the property of the Owner but shall at all times after delivery to the site be under the direction or control of the Hirer only. The Hirer is fully responsible to the Owner for the use of the Plant only for purposes and in places for which it is suitable and for his own business and in a skilful sage and workmanlike manner and in accordance with the Regulations. If the Plant should become bogged down, or should for any other reason require recovery, then the Hirer shall be responsible for all costs incurred.
(b) The Hirer shall employ a driver who has received proper training (not being less than 18 years of age) to operate the Plant in a safe and proper manner. Where however the Owner provides the services of a driver with the Plant, such driver will be competent and shall work under the supervision and instruction of the Hirer of the Hirer’s representative. For the duration of the hire the driver shall be deemed to be a servant of the Hirer, who alone shall be responsible for his actions as though he were in the Hirer’s direct employ. The Hirer shall not allow any person other than the driver provided by the Hirer or the Owner to operate the Plant without the Owner’s prior consent in writing.
(c) The Hirer shall not use or cause or permit any other person to use the Plant on any public road without having first obtained the consent in writing of the Owner and where such consent is given the Hirer shall ensure that the driver holds a current British driving license applicable to the Plant, the Owner shall, on or before giving such consent, license the Plant at the Hirer’s expense and the Hirer shall notify the Owner immediately in the event of any accident loss or damage arising and in any way caused by or relating to the use of the Plant howsoever caused. Oral notification shall be confirmed in writing to the Owner as soon as reasonably possible.
11. CHANGING OF SITE
The Hirer shall not move nor permit the Plant to be moved from the site specified overleaf without the Owner’s prior consent in writing. Any consent given by the Owner is without prejudice to all the other obligations of the Hirer under this contract.
12. OWNER PLATES
These may be affixed or marked on the Plant by the Owner and shall not be removed, mutilated or obliterated by the Hirer.
13. TERMINATION OF HIRE
(a) Without prejudice to the other provisions of this Contract, should the Hirer:-
(i) Withhold payment of the hire charges for fourteen days, or
(ii) Fail to observe and perform any of the other Terms and Conditions of the Contract, or
(iii) Do or cause to be done or permit or suffer anything whereby the Owner’s rights, in the Plant are prejudice or put into jeopardy, or
(iv) Commit an act of bankruptcy or have a receiver appointed or make any arrangement or composition with his creditors or being a company go into liquidation whether
Compulsory or voluntary (except for reconstruction or amalgamation only) or
(v) Suffer any distress or execution upon his property, then and in any such case the Owner may determine the hiring and seize and remove the Plant for which purpose it shall be lawful for the Owner to enter into or upon any premises or site where the Plant may be.
(c) When the hire is terminated it shall be the responsibility of the Owner to collect the Plant from the site: but if the Plant is not collected at the termination of the hire the Hirer shall continue to accept full responsibility and liability as set out in Clause 6 of the Contract until it is so collected.
14. ALLOWANCES AND LIABILITY
(a) Without prejudice to the provisions for payments hereinbefore set out, the Hirer shall be fully liable to the Owner for damages for any breach of this Contract.
(b) Without prejudice to any liability assumed under Clause 2(c) and 6(c), the Owner shall not be liable to the Hirer for any consequential or indirect loss or damage (including loss of profits) arising out of any accident or damages howsoever cause, provided always that nothing in this sub-clause shall protect the Hirer against liability arising from a fundamental breach of contract on its part.
(c) The Owner shall not be liable to the Hirer for any loss or damage caused by delay in delivery or non-delivery of the Plant or by delay in repairing or replacing the Plant if such delay or non-delivery is caused by an industrial dispute (including but not limited to strikes and lockouts), by force majeure, by non-availability of spare parts or by other circumstances beyond the Owner’s control.
(d) Hire charges shall continue during any stoppage whether or not the Plant is returned to the Hirer’s Works and whether or not a replacement of the Plant is supplied for the period of the stoppage save that by agreement with the Hirer the Owner may give credit against hire charges for any stoppage due to a breakdown of the Plant caused by an inherent fault or fair wear and tear notified to site to the Owner’s depot owing to an industrial dispute (including but not limited to strikes or lockouts) affecting the Hirer or the site.
15. INSURANCE
(a) The Hirer shall at the Hirer’s expense fully insure with a reputable insurance office.
(i)The Plant as described overleaf for the value shown, against loss or damage or destruction howsoever arising
(ii) In respect of all the Hirer’s liability (or responsibility and indemnity) to the Owner within sub-Clause 6(b) above and
(iii) Subject to Clause 10(c) above, in respect of the Hirer’s liability to third parties relating to the Plant or its use.
(b) The Hirer shall
(i) Produce the policy or policies effected hereunder for inspection by the Owner demand and
(ii) Hold the proceeds of any claim under sub-Clause (i) above in trust for the Owner.
16. TIME OR INDULGENCE
Any time or other indulgence granted by the Owner shall not affect the strict rights of the Owner under this Contract.
N.B. Clause headings are included for ease of reference only.