the
To download the Terms and Conditions of hire click here
(316kb Microsoft Word Document)
TERMS AND CONDITIONS OF HIRE
1.
DEFINITIONS
(a) “the Company” is the Company named
in the Hire Contract.
(b) “the Hirer” is the firm company
person or public authority (and their respective successors)
named in the Hire Contract who hires the Equipment from the
Company.
(c) “the
Equipment” is the Equipment specified or referred to in the
Hire Contract.
(d) “the
Hire Rate” means the rate charged for each calendar day or
part of a day during which the Hirer hires the Equipment.
(e) “Hire
Charges” means the total amount due to the Company including
charges in respect of delivery, assembly, installation,
operation or disassembly or collection of the Equipment and
the deposit.
(f)
“the Hire
Period” means the period set out in the Hire Contract or any
other agreed
period or agreed extension
thereof.
(g)
“Hire
Contract” means the information appearing on the front of
this document and
these Terms and Conditions.
2. PAYMENT
(a)
The Hirer
shall pay to the Company the Hire Charges at commencement of
the Hire
Period or at such other time as
shall be agreed in writing by the Company.
(b)
Payment of any
sums not due at commencement of the Hire Period shall be
made by
the Hirer to the Company within
thirty days from the issue of the Company’s invoice.
(c) The
Hirer shall pay to the Company interest on any monies due to
the Company and unpaid after thirty days at the rate of 3%
over the base rate of Midland Bank Plc.
(d) The
Company reserves the right to carry the Hire Rate in the
event of increase in the cost of labour materials or
transport.
(e) Special
Hire Rates will be payable to the Company for delivery or
installation or use of the Equipment on sites which do not
conform to the requirements of the Company.
(f) Payment
in respect of labour or other service provided by the
Company shall be charged on a day-work basis at the
appropriate rate.
3. NO TITLE
TO HIRER
The Equipment is hired by the
Company to the Hirer for the Hire Period at the Hire Rate
set out in the Hire Contract and the Hirer shall be a mere
bailee of the Equipment and no interest or title in the
Equipment shall pass to the Hirer. This Agreement is
personal to the Hirer and is not capable of assignment nor
Sub-Hire nor may the Hirer part with possession of the
Equipment.
4. DEPOSIT
The Hirer shall pay prior to
the commencement of the Hire Period any deposit specified in
the Hire Contract. The Company shall retain from such
deposit the cost of the Company of making good any loss or
damage for the Hirer is responsible under these terms and
conditions together with any interest to which the Company
becomes entitled under Condition (2) above.
5. THESE
TERMS AND CONDITIONS TO PREVAIL
If these Terms and Conditions
shall be at variance or inconsistent with any printed
conditions attached to the Hirers order then these terms and
conditions shall prevail.
6. COMMENCEMENT OF HIRE PERIOD
The Hire Period shall commence
from the time when the Equipment leaves the depot of the
Company for delivery to the Hirer.
7. TERMINATION OF HIRE PERIOD
The Hire period shall determine
and the Company shall be entitled to immediate recovery of
the Equipment in the following events:
(a) Expiry
of the Hire Period specified in the Hire Contract, or
(b) immediately upon the
breach by the Hirer of these terms and conditions of Hire,
or
(c)
pursuant to
Condition 9 or Condition 10 hereof, or
(d)
by agreement
to be confirmed in writing, or
(e)
in the event
of loss or damage of the Equipment upon such date as the
Company agrees
to accept from the Hirer the
equipment in its then state and condition and compensation
in accordance with these terms and conditions of Hire.
8.
CANCELLATION BY HIRER
In the event that the Hirer
shall cancel the Hire Contract before the commencement of
the Hire Period the Hirer shall pay to the Company
immediately upon such cancellation by way of liquidated or
agreed damages a sum equivalent to ¼ of the Hire Charges.
In the event that the Hirer shall terminate or cancel the
Hire Contract after commencement of the Hire Period the
Hirer shall pay to the Company the Hire Charge in full.
9.
DELIVERY OF
EQUIPMENT
The Company shall not be liable
to the Hirer for any delay in delivery of the Equipment. If
the Equipment is not delivered within 24 hours of the date
specified in the Hire Contract the Hirer may by notice in
writing to the Company rescind the Hire Contract and recover
all monies paid there under.
10.
FORCE MAJEURE
The performance of the
Company’s obligations hereunder is subject to variation or
cancellation consequent upon Act of God, war, strikes,
riots, lock-outs or other labour disturbances, fire, flood,
restrictions on the use of transport, fuel or power or any
other cause beyond the control of the Company. In the event
of frustration of the Agreement due to any of the above
causes the Contract shall be deemed to be complete and upon
written notice by the Company to the Hirer to that effect
the Company shall refund to the Hirer any monies received in
respect of the Hire Contract less 10% which shall be
retained by the Company in respect of its costs and
expenses.
11.
NOTICE OF
ACCIDENTS
If the Equipment is involved in
any accident resulting in injury to persons or damage to
property the Hirers will give the Company immediate notice
by telephone to be confirmed in writing by the Hirer.
12.
REPAIRS
(i) The
Hirer shall not interfere with or adjust the Equipment in
any way whatsoever other
than in accordance with the
Company’s written service instructions and will not under
any
circumstances give any
instructions for any repair to the Equipment or for the
replacement of any parts unless such spares have been
provided to it by the Company for that purpose and Hirer
shall immediately inform the Company in writing which so far
as it is able shall repair or replace the Equipment.
(ii)
If during the
Hire Period the Company decides that urgent repairs to the
Equipment are
necessary it may arrange for
such repairs to be carried out on site or at any location of
its nomination. In the event that the Company removes the
Equipment for such purpose the Company shall replace the
Equipment with similar equipment if available.
(iii)
If the Company
shall in its opinion be unable to repair or replace the
Equipment in accordance with sub clause (i) or (iii) of this
condition then provided the Company returns to the Hirer any
monies paid by the Hirer to the Company in respect of the
unexpired part of the Hire Period the Company shall be under
no further obligation or liability to the Hirer whatsoever.
PROVIDED THAT nothing in this Agreement shall oblige the
Company to repair or make good any loss or damage to the
Equipment caused by any act or default of the Hirer or its
invitees (fair wear and tear expected).
13.
COMPLIANCE
WITH STATUTE AND COMPETENT OPERATION
During the Hire Period the
Hirer shall be responsible for and shall indemnify the
Company against liability for:
(a)
Ensuring that
the Equipment and any ancillary items used therewith are
operated,
handled, used and serviced only
by competent operators and personnel and in accordance with
the requirements of Statutory or other competent Authorities
and instruction manual or operating guide supplied by the
Company and the Hirer shall have no claim against the
Company for the failure of defective or deficient
performance of the Equipment which arises either directly or
indirectly from lack of competence of those operating the
Equipment or from any lack of proper instruction or the
contents of any instruction manual or operating guide.
(b)
Obtaining and
thereafter maintaining all consents, licenses or permits
required in
connection with the use of the
Equipment under Statute Bylaw or regulation from time to
time in force shall produce to the Company on demand all
such consents licences or permits.
(c)
Supplying and maintaining any warning lamps and warning
notices that may be required.
14. NO PARTING WITH
POSSESSION
The Hirer shall not sell or
offer for sale, pledge, underlet or assign, encumber or
otherwise deal or part with possession of the equipment.
15. INSPECTION
The Hirer shall permit any
person authorised by the Company at all reasonable times to
enter upon the premises upon which the Equipment is for the
time being placed or kept for the purpose of inspecting and
examining the condition of the Equipment.
16.
ADDRESS AT WHICH EQUIPMENT WILL BE KEPT
The Hirer shall prior to the
commencement of the Hire Period inform the Company in
writing of the address or addresses at which the Equipment
is to be stored and used and shall not without the written
consent of the Company transfer the Equipment or any part
thereof to any other address nor allow it to be used for any
abnormal or hazardous purpose and the Hirer will keep a
notice showing ownership of the Equipment uncovered and
visible.
17.
EXCLUSIONS/INDEMNITIES
1. Subject only to
the provisions of these conditions no statement undertaking
warranty or condition express or implied by law, trade,
custom or otherwise shall apply to this Agreement.
2. The Company
shall not be liable for any loss, injury or damage of
whatsoever kind arising directly or indirectly from the hire
of the Equipment (except in respect of loss, damage or
injury which is incapable of exclusion under the terms of
the Unfair Contract Terms Act 1977) whether consequential or
otherwise and whether or not caused by the negligence of the
Company, its servants or agents.
3. The Hirer shall
use the Equipment in a careful and proper manner and shall
indemnify the Company.
(a) Against all
loss suffered by the Company in consequence of the
destruction loss, theft or damage of or to the Equipment
prior to the Equipment being returned to the Company and it
is hereby agreed that if the Equipment or any part thereof
is in the Company’s opinion lost or damaged beyond repair
the loss to the Company shall be the cost of buying new, the
same or a comparable items of equipment irrespective of the
age of the Equipment so lost or damaged.
(b) In respect of
all actions, costs, charges, claims, demands, proceedings or
penalties made or bought against the Company by any third
part in respect of alleged injury, loss or damage or expense
arising out of or in connection with the use by the Hirer or
any person authorised by the Hirer of the Equipment.
(c) In respect of
loss caused to the Company by cancellation of the Hire
Contract by the Hirer whether before or after the
commencement of the Hire Period in particular Hire Charges
shall be continued at the Hire Rate until settlement has
been effected.
18. COMPANY’S RIGHT
TO DETERMINE
(a) If the Hirer
shall fail to observe or perform any of the Terms and
Conditions of Hire hereof whether express or implied the
Company may without prejudice to its rights and remedies
hereunder by notice in writing to the Hirer sent to his
address set out in the Hire Contract determine this
Agreement and upon such notice being so sent this Agreement
and the hiring thereby constituted shall for all purposes
determine and thereafter the Hirer shall no longer be in
possession of the Equipment with the Company’s consent.
(b) If the Hirer
shall commit an act of bankruptcy or have a receiver
appointed or shall make any arrangement or assignment with
or for the benefit of his creditors or if any resolution is
passed for the winding up of the Hirer (if a Company) save
for the purpose of reconstruction or amalgamation this
agreement shall automatically and without notice determine
and thereupon the Hirer shall cease to be in possession of
the Equipment with the Company’s consent.
19. COMPANY’S RIGHT
ON TERMINATION
(a)
Upon
termination of this Agreement pursuant to clause 18 hereof
the Company shall be
entitled without notice to
take possession of the Equipment and without prejudice to
its other rights and remedies hereunder and for that purpose
by itself its servants or agents enter upon any land or
premises on or in which the Equipment is believed by the
Company to be situated and the Hirer hereby authorises the
Company to enter upon its said land for this purpose and the
Hirer shall upon such termination return to the Company all
instruction manuals and operating guides relating to the
Equipment.
(b)
No
relaxation, forbearance, delay, waiver of breach or
indulgence by the Company in
enforcing any of the terms and
conditions of this Agreement whether express or implied
shall prejudice, affect or restrict the rights and powers of
the Company hereunder.
20.
INSURANCE
Unless otherwise agreed in
writing by the Company the Hirer shall prior to taking
possession of the Equipment enter into a contract of
insurance with respect to the same for the full replacement
value of the Equipment under an all risks policy subject
only to normal market restrictions and excesses with the
name of the Company endorsed thereon as the owner and joint
insured in respect of the Hire Period. The Hirer shall do
everything necessary to maintain the said policy in full
effect and not do anything whereby the policy will or may be
vitiated.
21.
CHEMICAL TOILETS
When chemical toilets are
comprised in the Equipment an initial supply of fluid is
included in the Hire Charge but the Company shall not be
responsible for provision of further supplies nor for
emptying and cleaning the toilets after use, which must be
carried out by the Hirer.
22.
PROVISION OF LABOUR AND SERVICES BY THE COMPANY
(a)
If the
Company is required to provide supervision, labour or staff
in connection with
installation, delivery or use
of the Equipment the Hire Charges are calculated on the
basis that all relevant information has been supplied by the
Hirer and that nothing unforeseen becomes apparent on
delivery or installation or use of the Equipment and the
Hirer confirms the following as may be appropriate to the
particular Equipment the subject of the Hire Order.
(1)
that
the site is of firm level ground with access for motor
transport and that no drains, pipes, cables or other
services are concealed.
(2) that (if
appropriate) the Hirer shall provide to the Company a plan
showing the position for installation of the Equipment or
shall have a representative on the site for that purpose but
in the absence of such plan or representative the Company
will deliver and install the Equipment where it thinks
appropriate and shall be deemed to have completed its
obligations in relation to delivery and installation herein
contained when it has complied with the said plan or
instructions of the Hirer’s representative or installed the
Equipment as it considers appropriate.
(3) that the Hirer
has produced the provision of an earthed supply of electric
power if necessary.
(b)
The
Hire Charge does not include any making good or repair of
damage to the site.
23. IF THE EQUIPMENT
CONSISTS IN WHOLE OR IN PART OF SCAFFOLDING
(a) The Company
will use its reasonable endeavours to ensure that the
Equipment is adequately constructed for the purpose notified
by the Hirer to the Company and that when constructed the
structure will comply with any Act of Parliament Byelaw or
Regulations from time to time in force which affect the
erection or use of scaffolding.
(b) Any additions,
alternations, adaptations or variations to the Equipment
will be carried out by the Company only upon receipt of
written instruction from the Hirer and at the Hirer’s
expense.
(c) In the event
that the Hirer has at any time entered into a contract for
building or other works in connection with which the Hirer
uses the Equipment the Hirer will immediately inform the
Employer under such contract of the provisions of clause 3
of these Terms and Conditions and shall notify the Company
of the terms of any such contract to which the Hirer is
party.
24. Where two or more persons
constitute the Hirer then all obligations entered into by
such persons under the Hire Contract shall be joint and
several and all words importing the singular shall include
the plural.
25. SEE ALSO – Supplementary Conditions of Hire
relating to Catering Equipment and Furniture.
|
Want
to see your advert "HERE"? ..... Send an e-mail to us via the contact page
below! 
