|
GENERAL TERMS AND CONDITIONS OF HIRE
1. DEFINITIONS
(a) The Company firm or person letting the Plant on hire is hereinafter
referred to as the “Owner” and this expression includes
his successors.
(b) The “Hirer” is the Company firm or person taking
the Owner’s Plant on hire and this expression includes his
successors or personal representatives.
(c) “Plant” shall include any machine or part thereof
and any attachments or fittings or replacements or any other thing
hired under this Contract.
(d) “Regulations” means any Act of Parliament, Order,
regulation, bye-law or other similar instrument whether national
or local, including any amendment thereto or re-enactment or replacement
thereof.
(e) “Hire Rate” shall be the rate of hire for the Plant
as provided overleaf and subject to the provisions of these General
Terms and Conditions of Hire.
2. ACCEPTANCE
(a) Unless otherwise agreed, the Hirer’s order, whether oral
or in writing, for the supply of Plant shall be construed as an
expressed acceptance of these General Terms and Conditions of Hire,
and in so far as any provision of the Hirer’s said order be
inconsistent therewith, these General Terms and Conditions of Hire
shall be deemed to prevail.
(b) Any variations or purported variations of these General Terms
and Conditions shall be deemed to be of no effect unless otherwise
agreed in writing signed by 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 Plant
being delivered 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 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).
3. COMMENCEMENT OF HIRE
Subject to the provisions of this Contract, the Owner shall supply
the Plant on the delivery date and at the site stated on the contract.
The period of hire.
shall start on such delivery
Hire charges shall commence on delivery unless otherwise stated
the Contract.
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 will also apply whilst the Plant is on site
during any period prior to the commencement of the hire period or
after its termination whilst the Plant is awaiting collection.
4. GRANT
The Hirer undertakes that where the purpose for which the Plant
shall be utilised shall be one which qualifies the Owner to obtain
the appropriate Government Grant or any similar grant, the Hirer
agrees that he will not take any action which may disqualify the
Owner from obtaining such Grant 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 as a result of any such disqualification.
5. MAINTENANCE AND REPAIR
Owner’s Obligations
(a) The Owner shall ensure that at commencement of the hire Plant
shall be of sound construction and in 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 replacements 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 repair all punctures and replace all damaged
tyres at his own expense. Should the truck be on hire for a period
longer than four weeks. The hirer shall replace the tyres at his
own expense subject to a discount. Should the truck be on hire for
a period longer than six months, the full cost for replacement tyres
shall be met by the hirer, 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 brakes
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 insurers 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 be properly charged, must at no time be operated
in a discharged condition and must be allowed to cool for at least
half an hour before use.
(ii) Battery must be must 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 charger must be switched
off manually after four (4) hours as the charge termination automatic
relay only operates in the “normal” charge position
on the charging apparatus. (Serious battery damage will occur if
these points are not supervised.)
(f) Vehicle Lighting and Accessories are wholly the hirers responsibility
and may only be fitted with written consent from A.M. Forktrucks
Limited. If when the hire commences the truck(s) are fitted with
vehicle lighting warning devices cab and cab equipment and any other
device deemed as an accessory these too become the hirers responsibility
to both repair and replace where necessary. All charges to repair
or replace any vehicle lighting or accessories will be borne solely
by the hirer.
(g) Any damage or misuse to the truck will also be charged to the
hirer. The truck must be returned by the hirer in the same condition
as the hirer received the truck. All repairs and replacements will
be charged to the hirer.
6. HIRER’S 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 to
the Owner for the safekeeping of the Plant and its return in equal
order to 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 fully and completely indemnify the Owner against,
all third party claims and losses howsoever arising in respect of
damage to or loss or destruction of any property or in respect of
the personal injury or death of anybody in any way caused by or
relating the Plant or its use (including but not limited to the
payment of all damages 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 Owner shall not be liable to the Hirer in respect of any
damage to or loss or destruction of the property of the Hirer nor
in respect of the personal injury or death of the Hirer or his employees
or contractors or other person in any way caused by or relating
to the Plant or its use except insofar as any such damage loss destruction
injury or death directly results from the negligence of the Owners
its employees or agents.
7. PAYMENT
(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(c) 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 by bankers order
(b) Immediately upon the hiring being terminated by the Owner in
accordance with sub-Clause 13(b) hereof the Hirer shall pay to the
Owner (in addition to any compensation payable hereunder) all moneys
then 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 proviso
to paragraph (a) of the Owners obligations) under Clause 5 hereof.
8. VARIATION IN HIRE RATES
(a) The Owner reserves the right to increase the Hire Rate quoted
by the proportional difference between the Retail Price Index most
recently 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 Hire is based on the use of the Plant for up to 40 hours
in any week. If the Plant is used for over 40 hours in any week
then the Hire Rate for that week shall be increased by £3.00
per hour for each hour over 40 hours.
9. SUBLETTING
The Hirer shall not without consent of the Owner assign, sub-let,
mortgage, charge, pledge, part with possession of or otherwise deal
with 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 safe 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 or 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
licence 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, at his own expense, insure the Plant in accordance
with the requirements of the Road Traffic Act.
(d) 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. CHANGES 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 Hire.
13. TERMINATION OF HIRE
(a) Except in the case of a fixed long-term contract the hire of
the Plant may be terminated by either party giving to the other
party not less than seven days notice for a contract period of up
to 6 weeks, 21 days for a contract period of up to 3 months, 30
days for a contract period of up to 1 year and 90 days for a contract
period over 12 months.
(b) 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 this Contract, or
(iii) do or cause to be done or permit or suffer anything whereby
the Owner’s rights in the Plant are prejudiced or put into
jeopardy, or
(iv) Commit any 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) At the end of a fixed long- term contract the hire of the plant
maybe terminated by
either party, giving to the other party not less than thirty days
notice unless otherwise stated in the contract terms and conditions.
(d) 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 this Contract until it is so collected.
14. ALLOWANCE AND LIABILITY
(a) Without prejudice to the provisions for payment 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 caused, provided always that
nothing in this sub-clause shall protect the Owner 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 the Owner by the Hirer under Clause 5 hereof.
(e) The Hirer shall be liable for hire charges at the “Hire
Rate” in respect of any period after the termination of this
Agreement during which the Plant or any part thereof cannot be removed
from the 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, inrespect 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 on 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.
|
