- A. S. Miller is the owner of the Plant and is hereinafter referred to as the Owner. The invoicee shown on the hire contract is herein after referred to as the Hirer. The Law of England shall govern the rights and obligations of the parties to this contract; the construction of the same; and, so far as possible, all other matters out of or connected with, the making, execution and termination of the same. Plant covers all classes of plant, machinery, 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 five working days. A working week covers the period from starting time on Monday to finishing time on Friday. The hire period shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back by the Owner’s named depot or equal. Minimum hire period is 1 day.
2.TERM OF CONTRACT. The contract commences at the date shown on the hire contract and terminates when a receipt for all the Plant is obtained from the Owner or when Clause 24 is invoked whichever is the earlier. The Plant is hired out subject to the terms overleaf and herin set out. All terms whatsoever other than those expressly set forth herein are hereby excluded.
3.RESPONSIBILITIES OF PERSON SIGNING. The person signing the contract warrants that he has authority of the Hirer to make his contract on Hirer’s behalf. The said person hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner if this is not so. The said person and the Hirer jointly and severally hereby undertake to ensure that no-one uses the Plant who is not properly instructed and shall not allow the Plant to be misused.
4.DELIVERY IN GOOD ORDER. The person singing the contract, having been afforded an opportunity to inspect the Plant, the Plant is hereby deemed to be in good working order and wholly free from damage at the time of delivery. The Hirer shall when hiring Plant without Owner’s operator or driver take all responsibility to keep him or her 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 wholly responsible for any damage, loss or accidents whether directly or indirectly arising therefrom.
5.THE HIRER SHALL BE RESPONSIBLE.
(a) Loading and Unloading the Plant at the address specified by the Hirer, and likewise at the Owners premises when transported by the Hirer, or his agent, and any person supplied by the Owner shall be deemed to be an employee of the Hirer at such times.
(b) The hirer’s responsibilities commence on receipt of the Plant or on delivery as requested and end when the Hirer is in possession of the Owner’s receipt for all the Plant. The Hirer agrees that he will not sell or otherwise part with possession and/or control of the Plant.
(c) Third Party. The Hirer shall at all times be responsible for comprehensively insuring the plant on a new for old basis and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim or proceeding whatsoever (including but without prejudice to the generality of the foregoing injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Plant) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, breakdown, return or non-return of the Plant or any part thereof.
6.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 and operators shall for all purposes in connection with their employment in the working of the Plant be regarded as the servants 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.
7.MAINTENANCE OF PLANT & BREAKDOWN PROCEDURES. The Hirer shall keep himself acquainted with the state and condition of the Plant and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised by the owner. Such Plant must be returned to the Owner’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner. When the plant is hired without Owner’s driver or operator any breakdown or the unsatisfactory working of any part of the Plant must be notified immediately to the Owner in writing. Any claim for breakdown time will only be considered from the time and dates so notified.
8.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 the Owner and confirmed in writing to the Owners 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.
9.SUB-LETTING. The Hirer shall not sub-let or lend the Plant or any part thereof to any third party without first receiving the written permission of the Owner.
10.CHANGE OF SITE. The Hirer shall not move the Plant form the site to which it was delivered or consigned unless prior consent is obtained from the Owner, such consent to be confirmed in writing.
11.BASIS OF CHARGING. The Hirer will pay the hire charges which will commence from the date shown on the hire contract and continue during the term until the Plant is returned to the Owner or is collected by the Owner’s transport, and a receipt is obtained. All charges are payable on demand. ALL time is chargeable, i.e. including Saturday, Sunday, Bank Holidays, etc. Minimum hire period is 1 day based on 8 working hours. VAT is payable at the appropriate rate.
13.CARRIAGE CHARGES. Hire charges do not include carriage and any expenses incurred by the Owner in delivering, recovering Plant or attempting same will be paid by the Hirer. Where the Owner quotes carriage charges, such charges will include a charge for a maximum of 15 minutes attendance by the Owner’s vehicle at the address specified by the Hirer. The Hirer will pay for further time.
14.PLANT SUPPLIED WITH AN OPERATOR. Will be subject to a minimum 1 day charge unless otherwise agreed in writing. If more that 8 hours are worked in any 1 day an extra charge to allow for operator?s overtime payments will be made. Operators’ travelling time will be charged in addition, minimum 1 hour per day.
15.TERMS OF PAYMENT. UNLESS agreed in writing, payment terms will be by credit or debit card. Valid credit / debit card details to be given before the hire commences. Payment will USUALLY be taken on completion of Hire. We reserve the right to take payment anytime, for the hire and any extra charges e.g. breakages etc. after the hire has been completed. An interest charge of 2% per calendar month will be made on overdue amounts.
All prices are excluding VAT at the current appropriate rate.
16.FUEL, OIL & GREASE. Fuel, oil and grease shall, when supplied by the Owner, be charged for, and when supplied by the Hirer, shall be of a grade or type specified by the manufacturers of the Plant.
17.ELECTRICAL EQUIPMENT. Where the Plant comprises electrical equipment in part or in whole the same must be connected to the correct supply by a qualified electrician. Under no circumstances should electrical plant be used without it being correctly earthed unless it is of double insulated construction.
18.SHARPENING OF DRILLS, BLADES ETC. Drills, road-breakers, mowers, chippers etc. the Hirer shall sharpen drills, road-breakers, mower blades etc. as required at his own expense or they will be charged for.
19.CONSUMABLE STORES. Consumable stores will be charged for e.g. auger edges and points, mower blades etc.
20.OWNER PLATES. The Owner may affix his plate or mark on the plate indicating that it is his property and the Hirer shall not remove, deface or cover up the same.
21.GOVERNMENT REGULATIONS. The Hirer shall be responsible for compliance with all regulations issued by the Government or Local Authorities including regulations under the Factories Act and observance of the Road Traffic Acts should they apply, including the cost of road fund licences and any special additional insurance made necessary thereby, save that if and during such time as the Plant is travelling whether for full or part journey form Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner shall be responsible as aforesaid.
22.PROTECTION OF OWNER’S RIGHTS.
(a) The Hirer shall not rehire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under Clause 9 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, cost, charges and expenses that may be occasioned by any failure to observe and perform this condition, except in the event of government requisition.
(b) If the Hirer shall make default in punctual payment of all sums due to the Owner for hire of Plant or other charges or 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 arrangement with his creditors or being a company, shall go into liquidation (other than a member’s voluntary 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 be terminated forthwith (without any notice or other action on the part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same or like nature) and it shall thereupon be lawful for the Owner to retake possession of the said Plant and for that purpose to enter into or upon any premises where the same may be and the determination of the hiring under this condition shall not affect the rights of the Owner to recover form the Hirer any monies due to the Owner under the contract or damages for breach thereof.
23.LOST, NON-RETURNED, DAMAGED OR UNCLEAN PLANT. When the Plant is reported lost or is not returned when the termination of the hire is requested by the Hirer, the hire will be deemed to end when the Hirer pays to the Owner the Manufacturer?s current list price. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of the Plant returned damaged or unclean. Hire charges will continue until such rectification is complete.
24.TERMINATION OF HIRE. The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and to re-possess the Plant or any part thereof.
25.RIGHTS OF ACCESS. The Hirer hereby authorises the Owner (upon production of this document) to enter upon any premises wherein the Owner reasonably believes any Plant, or any part thereof to be, and if, and in so far as, the Owner is his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
26.INVALIDATION. Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms. CM 2015