Conditions Of Hire
- The “Owner” is the Company, Firm or person letting the Plant on Hire and includes their successors, assigns or personal representatives.
- The “Hirer” is the Company, Firm, 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, tools, equipment and accessories therefore which the Owner agrees to Hire to the Hirer.
- A “day” shall be eight hours unless otherwise specified in the Contract.
- A “Week” shall be seven consecutive days.
- A “Working week” covers the period from starting time on Monday to finishing time on the following Friday.
- 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.
- EXTENT OF CONTRACT
No conditions or warranty other than herein specifically set fourth shall be implied or deemed to be incorporated in or to form part of the contract.
- AVAILABILITY OF PLANT
The Plant is offered subject to being available to the Owner when the Hirer’s acceptance of the contract is received by the Owner.
- LOADING AND UNLOADING
The Hirer shall be responsible for unloading and reloading the Plant at site. Any driver or other employee of the Owner who may help in unloading or reloading shall be deemed to be under the Hirer’s control.
DELIVERY IN GOOD ORDER AND MAINTENANCE (INSPECTION REPORTS)
- 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 an 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, provided that where Plant requires to be erected on site, the period above stated shall be calculated from date of erection of Plant instead of the date of delivery on site.
- The current Inspection Report required under the Factories Acts or a copy thereof shall be supplied by the Owner if required by the Hirer at the commencement of the hire period and returned on completion thereof.
- 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 and 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 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.
- MAINTENANCE OF PLANT
- 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 order (fair wear and tear expected).
- The Hirer shall take all reasonable steps to keep himself 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 there from.
- The Hirer shall regularly clean the Plant and return it in a perfectly clean condition. The Hirer shall be responsible for any expense involved in cleaning Plant incurred by the Owner.
- The Hirer shall at all reasonable times allow the Owner to have access of the Plant to inspect and service the same, however, the obligations of the Hirer under this contract shall in no way be diminished by the provisions of this sub-clause and there shall be no liability on the part of the Owner under the terms of this contract to carry out such inspection and servicing.
- Any breakdown or the unsatisfactory working of any part of the Plant must be notified immediately to the Owner. Any claim for breakdown time will only be considered from the time and date such breakdown is made known to the Owner.
- 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. The Hirer shall be responsible for all expenses involved arising from any breakdown, including punctures and tyre damage, and all loss or damage incurred by the Owner due to the Hirer’s negligence, misdirection or misuse of the Plant, whether by the Hirer or his servants, and for the payment of hire charges during the period the Plant is necessarily idle due to such breakdown.
- Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised in writing by the Owner. No allowances for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs have been authorised in writing by the Owner.
- 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 from soft ground.
- CONSEQUENTIAL LOSSES
The Owner accepts no liability nor responsibility for any consequential loss or damage 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 the loading, unloading or transport of the Plant or from any other cause beyond the Owner’s control.
- NON-RETURN, LOSS AND DAMAGE OF PLANT
- When Plant is reported lost, stolen, or is not returned when requested by the Owner, or at the end of the contract, or is returned damaged beyond economical repair, hire charges will continue until the Hirer pays to the Owner the replacement cost based on the manufacturer’s current price list or such lesser sum as the Owner may require. On receipt of such payment the Owner will terminate the hire and transfer ownership of the Plant to the Hirer.
- The Hirer agrees to pay the Owner all costs incurred in repairing damaged Plant from whatever cause the same may arise during the continuance of the hire, fair wear and tear excepted. The owner reserving the right to charge rent for the period the Plant is idle due to such damage.
- HIRER’S RESPONSIBILITY: THIRD PARTY
The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever (including the Hirer, his servants or employees) for death or personal injury or damage to 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 arising under statute or common law or otherwise. The Hirer should cover by insurance the indemnity given to the Owner in these clauses.
- USE OF PLANT
The Plant shall be used solely by the Hirer or his authorised representative and shall be only for purposes for which the said Plant was manufactured and intended and shall not be used elsewhere than the address designated by the Hirer, without prior consent of the Owner.
All Plant is tested and cleaned before each hire. The Hirer is responsible for ensuring that Plant is returned in the condition it was hired. Minimum cleaning and repair charges of £30 per hour or par thereof will be applied..
- BASIS OF CHARGING
- The Hirer shall render to the Owner for each working week an accurate statement of the number of hours the Plant has worked each day, and where the Plant is accompanied by the Owner’s driver or operator shall sign the Employee’s Time Record Sheets daily, or weekly, if so requested by the Owner. The signature of the Hirer or his representative shall bind the Hirer to accept the hours shown on the time Record Sheets. If the Hirer signs the Time Record Sheets showing hours engaged in excess of the machine hours worked plus allowed greasing time, the Hirer shall specify in detail how the extra hours are made up, otherwise the excess hours will be charged to the Hirer.
- Where breakdown time is referred to herein, all breakdown periods are covered which involve the Plant being inoperative through mechanical breakdown or absence of driver or operator supplied by the Owner, except where breakdown is due to the Hirer’s misuse, misdirection, or negligence. Breakdown time shall be allowed for not exceeding eight hours on Monday to Friday less the actual daily hours worked, provided that breakdown time shall not be allowed on Saturdays or Sundays.
- Plant shall be hired out as “per day” or “per hour” for a minimum period, for a day of eight hours, or for a week of forty 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.
- Stoppages due to changing tyres and repairs to punctures will be chargeable as working time up to a maximum of two hours for any one stoppage and any excess will be treated as breakdown time.
- In the case of Plant which requires to be dismantled for the purpose of transportation, if the Owner agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon completion of hire, such modification of the hire charge and the period for which it shall apply will be stated on the Hire contract.
Hire rates do not include carriage and any expense incurred by the Owner in delivering or recovering Plant will be charged to the Hirer. Not less than four hours notice must be given to the Owner if the Hirer wishes Plant to be collected.
- TRAVELLING TIME AND FARES
Reasonable daily travelling time and fares for operators similar expenses incurred at the beginning and end of the hire period, and where appropriate, the operator’s return fare to his home every six weeks will be charged at net cost. No charges will be made by the Owner for any such expenses incurred by other employees of the Owner for the purposes of servicing repair or Maintenance of Plant unless necessitated by the Hirer’s negligence, misdirection or misuse of the Plant.
- NOTICE OF TERMINATION OF CONTRACT
When the period of hire is indeterminate or having been defined becomes indeterminate the contract shall be determinable by seven days notice in writing given by either party to the other. In the event of the Hirer desiring to terminate the contract and failing to give such notice, hire for the period of seven days notice shall be chargeable at the Idle Time rate in lieu. Notice given by the Hirer to the Owner’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.
- SHARPENING OF DRILLS/STEELS
Where drills or road-breakers are included with Plant hired under the contract the Hire Rate is based upon the condition that the Hirer shall sharpen drills, steels or road-breakers as required at his own expense.
- CONSUMABLE STORES
Consumable stores will be charged at net cost or at an agreed estimate thereof.
The Hirer will be reasonable for compliance with all regulations issued by the Government or Local Authority including regulations under the Factories Acts, and observance of the Road Traffic Acts should they apply, including the cost of Road Fund licenses and any special additional insurance’s made necessary thereby, save that if and during such time as the Plant is travelling whether for full or part journey from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the Hirer shall be responsible as aforesaid.
- PROTECTION OF OWNER’S RIGHTS
- The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Plant, except as specifically provided for in this contract and shall protect the same against distress, execution, or seizure, and shall indemnify the Owner against all losses, damage, costs, charges and expenses that may be occasioned by any failure to observe and perform this condition.
- If the Hirer shall make 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 or shall do 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 this Agreement shall forthwith be terminated (without any notice or other act on the part of the Owner and not with standing 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 recover from the Hirer any monies due to the Owner under the contract or damages from breach thereof.
- MAXIMUM PERIOD OF CONTRACT
If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company, then the contract will terminate not later than three months from the commencing date. In which circumstances the Hirer shall ensure that the Plant is returned to the Owner not later than the evening of the last day of the said three months.