GENERAL CONDITIONS FOR THE HIRING OF PLANT
- The “owner” is the company; Clemas & Co Ltd and includes their successors, assignees or personal representatives.
- The “hirer” is you; the company, firm or person, corporation or public authority taking the owner’s plant on hire and includes their successors or personal representatives.
- “Plant” covers all classes of plant, machinery, equipment and accessories therefore which the owner agrees to hire to the hirer.
- “day” shall be 7 hours unless otherwise specified in the contract.
- A “working week” covers the period from starting time on Monday to finishing time on Friday, taking into account appropriate time for travelling.
- Terms appearing in these conditions which also appear in any statutory instrument controlling rates of hire of plant shall have the same meaning as in such instrument whether remaining in operation or not.
- These conditions override any terms and conditions you may have put forward unless we have agreed to any other conditions in writing.
2. EXTENT OF CONTRACT
No conditions or warranty other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the contract.
3. GENERAL CONDITIONS OF HIRE
Plant shall be hired at the hire charges or hire rates, so far as the same apply to plant included in the contract subject to the conditions of hiring provided by any statutory instrument controlling rates of hire of plant and subject to the following further conditions where not inconsistent therewith.
4. LOADING AND UNLOADING
The hirer shall be responsible for any on site transportation or movement of hired plant.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE (INSPECTION REPORTS)
(i) Unless notification in writing to the contrary is received by the owner from the hirer in the case of plant supplied with an operator within four working days and in the case of plant supplied without operator, within three working days of the plant being delivered to the site, the plant shall be deemed to be in good order in accordance with the terms of contract and to the hirer’s satisfaction. The hirer shall be responsible for its safekeeping, use in a workmanlike manner within the manufacturer’s rated capacity and return on the completion of the hire in equal good order (fair wear and tear excepted).
(ii) The hirer shall when hiring plant without owner’s operator or driver take all reasonable steps to keep him/herself acquainted with the state and condition of the plant. If plant be continued at work or in use in an unsafe and unsatisfactory state, the hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising therefrom.
6. SAFETY AND INSTRUCTIONS
It is your responsibility to make sure that all people who use the equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You must ensure that the equipment is not misused.
7. HANDLING OF PLANT
When a driver or operator is supplied by the owner to work the plant, he shall be under the direction and control of the hirer. Such drivers or operators shall for all purposes in connection with their employment in the working of the plant be regarded as the servants or agents of the hirer who alone shall be responsible for all claims arising in connection with the operation of the plant by the said drivers or operators. The hirer shall not allow any other person to operate such plant without the owner’s previous consent to be confirmed in writing.
8. BREAKDOWN, REPAIRS & ADJUSTMENT
- Any breakdown or plant fault must be notified immediately by telephone and confirmed by fax, e-mail or by letter sent 1st class post. Any claim for breakdown time will only be considered from the time and date shown on the fax, e-mail or letter.
- Full allowance will be made to the hirer for any stoppage due to breakdown of plant caused by the development of an inherent fault or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the contract.
- If during the hire period the Owner decides that urgent repairs to the plant are necessary, he may arrange for such repairs to be carried out on site or at any location of his nomination. In that event the owner shall be obliged to replace the plant with similar plant if available. In the event of the Owner being unable to replace the plant he shall be entitled to determine the contract forthwith by giving written notice to the hirer.
- The hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the owner due to the hirer’s negligence misdirection or misuse of plant, whether by the hirer or his servants, and for the payment of hire at the appropriate rate during the period the plant is necessarily idle due to such breakdown. The owner will be responsible for the cost of repairs to the plant involved in breakdowns from all other causes and will bear the cost of providing spare parts.
9. OTHER STOPPAGES
No claims will be admitted (other than those allowed for under breakdown or for idle time as herein provided), for stoppages through causes outside the owner’s control, including bad weather or ground conditions nor shall the owner be responsible for the cost or expense of recovering any machine.
10. LOSS OF USE OF OTHER PLANT DUE TO BREAKDOWN
Each item of the plant specified in the contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the owner or otherwise) through any cause whatsoever, shall not entitle the hirer to compensation or allowance for the loss of working time by any other unit or units of plant working in conjunction therewith, provided that where two or more items of plant are hired together as a unit, such items shall be deemed a unit for the purpose of breakdown.
11. CONSEQUENTIAL LOSSES
The owner accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the plant through any cause whatsoever or through non-arrival arising from accident or breakdown during loading, unloading or transport of the plant.
12. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE OR UNCLEAN HIRED GOODS
During the continuance of the hire period the hirer shall make good to the owner all loss of or damage to the plant from whatever cause the same may arise, fair wear and tear excepted and except as provided in clause 8 herein, and shall also fully and completely indemnify the owner in respect of all claims by any person whatsover for injury to person or property caused by or in connection with or arising out of the use of the plant and in respect of all costs and charges in connection therewith whether arising under statute or common law. You must return this machine in a clean condition, failure to comply will result in a cleaning charge of £70 + VAT.
13. NOTICE OF ACCIDENTS
If the plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to Clemas & Co Ltd. by telephone, fax or e-mail and confirmed in writing to our office, and in respect of any claim not within the hirer’s agreement for indemnity, no admission, offer promise of payment or indemnity shall be made by the hirer without the owner’s consent in writing.
Plant or any part thereof shall not be re-hired, sub-let or lent to any third party without first receiving the written permission of the owner.
15. CHANGE OF SITE
The hirer shall not move the plant from the site to which it was delivered or consigned unless prior consent be obtained from the owner, such consent to be confirmed in writing.
16. SERVICING, INSPECTION AND OUR RIGHTS OF ACCESS
The hirer shall at all reasonable times allow the owner, his agents or his insurers to have access to the plant to inspect, test, adjust, repair or replace the same. So far as reasonably possible, such work will be carried out at times to suit the convenience of the hirer. We may enter any land or premises where we reasonably believe the goods are. We may do this at any times and after giving reasonable notice. We can have this access if we need to inspect, test, repair, service, replace or repossess the goods.
17. REPAIRS AND ADJUSTMENTS
You must make sure the goods remain safe, clean and in working order. If the goods break down or are not working properly you must report this to us immediately. You must not repair the goods unless you are authorised by us. You must return the goods for us to examine them unless we have agreed otherwise. You must tell us immediately if the goods are involved in any accident resulting in damage to the goods or to other property, or injury to any person. You must take all necessary steps to make the goods safe and to protect them against theft or damage.
18. RETURN OF PLANT FOR REPAIRS
If during the hire period we decide that urgent repairs to the plant are necessary, we may arrange for such repairs to be carried out on site or at any location of his nomination. In that event the owner shall be obliged to replace the plant with similar plant if available. In the event of the owner being unable to replace the plant he shall be entitled to determine the contract forthwith by giving written notice to the hirer.
19. BASIS OF CHARGING
- Hire charges will begin when you take delivery of the plant and will continue during the period of hire until we have given you a collection or off-hire number, or until you have restored the equipment to us in a clean and serviceable condition and we have given you a receipt for it. All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate of National Westminster Bank PLC calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have. You will also pay us any charges we reasonably incur in the recovery from you of money or equipment.
- Breakdown time shall be allowed for not exceeding 8 hours on Monday to Friday only.
- Plant shall be hired out at “per day” or “per week” for a minimum period, for a day of 7 hours or for a week of 39 hours or such other period as may be mutually agreed between the owner and the hirer. In the case of plant hired “per week” for a minimum period, odd days at the beginning and at the end of the hire period shall be charged pro rata.
- Full allowance shall be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by the owner, except where breakdown is due to the hirer’s misuse, misdirection or negligence, subject however to the provisions of clause 7 of this agreement.
- Hire charges do not include carriage. You will pay us any agreed charges for delivering or collecting equipment. Where we quote carriage charges, these include only for the time required to load or unload alongside our vehicle at the address you have specified. You will pay extra for any further time or attendance including any attempt by us to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions.
20. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
- The replacement cost of any equipment that is lost or stolen or damaged beyond economic repair, must be paid for. You are advised to insure the equipment on this basis. You must pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the equipment. You must not compromise any claim without our agreement.
21. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
- You have full responsibility for the care and safekeeping and return in good order of the equipment.
- You will pay to us all costs we incur in rectifying any equipment returned damaged or unclean and will pay for our financial loss until such rectification is complete.
- Where equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights.
22. PLANT HIRED ON A DAILY BASIS WITHOUT QUALIFICATIONS AS TO HOURS
The full daily rate will be charged on a daily basis irrespective of the hours worked except in the case of breakdown, for which the owner is responsible when the actual hours worked will be charged pro rata to the average working day. No hire charge shall be made for Saturday and/or Sunday unless the plant is actually worked.
23. PLANT HIRED BY THE WEEK OR MONTH WITHOUT QUALIFICATIONS AS TO HOURS
The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of breakdown for which the owner is responsible when an allowance at the rate of one fifth of the agreed weekly rate or one twenty-second of the agreed monthly rate will be made for each full working day broken down calculated to the nearest half working day. No allowance will be made for breakdowns at weekends.
24. COMMENCEMENT AND TERMINATION OF HIRE
The period over which you, the hirer, hire the equipment from us, the owner, commences when you take delivery of the equipment even if it has not been at that time fully installed and will continue until:
We have given you a collection or off-hire number or you have returned the goods to us in a clean and usable condition and we have given you a receipt for them, whichever is earlier.
Where payment has not been received at the due time, the hirer can at any time thereafter regard the contract as being terminated. For charging purposes the date of collection or return of the hired equipment shall be the date applicable.
25. NOTICE OF TERMINATION OF CONTRACT
The hirer shall give notice to the owner to terminate the contract before 3pm on the off hire day with the hire continuing to the end of the day on which notice is given. If notice is not given before 3pm on the ‘off-hire’ day, hire will continue to the end of the following day. If the contract is a monthly hire we require 1 months notice to terminate. Notice must be by fax or telephone provided written confirmation is sent immediately by first class post with the notice date being shown on the fax, e-mail or letter post mark.
26. OWNER’S NAME PLATES
The hirer shall not remove, deface or cover up the owner’s name plate or mark on the plant indicating that it is his property.
The hirer shall pay the cost of and if required by the owner arrange transport of the plant, from the owner’s depot or equal to the site and return to named depot or equal on completion of the hire period.
28. PROTECTION OF OWNER’S RIGHTS
If the hirer makes default in punctual payment of all sums due to the owner for hire of plant or other charges or shall fail to observe and perform the terms and conditions of this contract, or if the hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or being a Company, shall go into liquidation (other than a member’s voluntary liquidation) or shall cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the plant may be prejudiced or put into jeopardy, his agreement shall forthwith be terminated (without any notice or other act on the part of the owner and notwithstanding that the owner may have waived some previous default or matter of the same or a like nature) and it shall thereupon be lawful for the Owner to retake possession of the said plant and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under the condition shall not effect the right of the Owner to recover from the hirer any monies due to the Owner under the contract or damages for breach thereof.
29. LIMITS OF LIABILITY
All the times we quote for delivering or collecting the goods are approximate. We will not be liable for any delays caused by circumstances beyond our reasonable control. If the goods break down or stop working properly, we will try to replace them or repair the fault as soon as possible after you have reported it to us. If you hire or buy the goods for use in a business, we will not be liable for any indirect loss or any loss of business or profits, savings you expected to make, wages, fees or expenses caused by the goods or any part of them breaking down or stopping working properly.
30. OUR RIGHTS OF ACCESS
We may enter any land or premises where we reasonably believe the goods are. We may do this at reasonable times and after giving reasonable notice. We can only have this access if we need to inspect test, repair, service, replace or repossess the goods. The only proof of equipment being returned to the supplier will be an official “Returns Note” number and the only proof of collection instructions will be an official “Collect Note” number.
31. OWNERSHIP OF AND RESPONSIBILITY FOR THE GOODS YOU BUY
If you buy any equipment from us, you will become responsible for loss or damage as soon as the goods are delivered to you. We own the goods until you have, paid in full for all the goods we have supplied. Until we have received full payment for the goods you will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours to recover our goods.