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 owners 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.
The plant is and shall at all times be and remain the sole and exclusive property of the owner, and the hirer shall have no right, title or interest thereto except as expressly set forth in these conditions.
The hirer will pay the hire charges at the times and rates as agreed between the owner and the hirer. All charges are payable on demand. If any time is due under the contract between the owner and the hirer and shall be outstanding for more than 30 days from the date when due, the owner shall be entitled to charge interest (whether before or after any judgment), at the rate of 12 per cent per annum on all monies so due.
Hire charges do not include carriage and any expenses incurred by the owner in delivering, recovering plant or attempting same shall be paid by the hirer. Where carriage charges are quoted by the owner, such charges will include a charge for a minimum of 15 minutes attendance by the owner’s vehicle at the address specified by the hirer. Further time will be paid tor by the hirer.
(a) The hirer shall be responsible for ensuring that the plant is used and operated only by .competent persons properly instructed in the operation and use of the plant and shall indemnify the owner against all costs and claims that may be incurred by the owner if this is not so.
(b) The hirer shall be responsible for ensuring that the plant is not misused and shall indemnify the owner against all losses costs and claims that may be incurred by the owner if this is not so.
The hirer 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. Delivery will be made to the nearest point in all cases.
Loading and unloading The hirer shall be responsible for loading and unloading the plant at the address specified by the hirer, and likewise at the owner’s premises when transported by the hirer, or is agent, and any persons supplied by the owner shall be deemed to be an employee of the hirer at such times.
The hirer’s responsibility commences on receipt of the plant or on delivery as requested and ends when the hirer is in possession of the owner’s receipt for all plant. The hirer agrees that he will not sell or otherwise part with possession and/or control of the plant.
The hirer shall at all times and in all respects indemnify the owner against and from any and every expense liability loss claim or proceeding whatsoever in respect of any personal injury 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, return or non-return of the plant or any part thereof.
Where the plant comprises electrical equipment in part of 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.
Plant must not be removed without the authority of the owner from the site specified by the hirer when the plant was collected from any subsequently authorised site or from the address to which the owner delivered the plant.
The owner shall not be liable for any consequential expense, liability, loss claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability or repossession of the plant or any part thereof or any breakdown or stoppage of same.
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 manufacturers 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.
The owner shall be entitled to enter upon any premises wherein the owner reasonably believes any plant or any part thereof to be and if so and insofar as the owner in his absolute discretion deems necessary to inspect, test, repair, replace of repossess the same.
Should any of these Conditions be held to be invalid such invalidation will not affect the validity of the remaining Conditions.
Any breakdown of 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 the owner is so notified. The hirer shall be responsible for all expenses, loss or damage arising from any breakdown and for all expenses, loss or damage occurred by the owner due to the negligence, misdirection or misuse of the plant by the hirer or by his servants or by his agents and for payment of the hire charges during the period when the plant is unable to be used 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 allowance for hire charges or for the cost of the repairs will be made by the owner to the hirer unless such repairs have been authorised in writing by the owner. Plant should be returned to the owners depots for replacement and/or repair or alternatively the hirer shall deliver a replacement item, but in this case carriage will be charged at the owner’s normal rates.
No claim will be admitted other than those allowed under breakdown, as herein provided for stoppages through causes outside the owners control. The hirer shall be responsible for any expenses incurred by the owner involved in recovering the plant form soft ground, floods or any ground made in anyway difficult and/or dangerous owing to adverse weather conditions or for any other reason.
The owner accepts no liability nor responsibility for any consequential loss or damage to or arising from the breakdown or stoppage of plant through any use whatsoever or through non-arrival arising from accident, breakdown or other causes during loading, unloading or transport of the plant or any cause whatsoever after the plant has left the premises of the owner.
The owner reserves the right to retain any deposit paid by the hirer if plant is not returned or is returned damaged or dirty.
Hire fees continue until the plant is returned to one of the owner’s depots. Prompt return saves you money. If collection is required the hirer shall give the owner not less than 12 hours notice.
The owner makes every effort to ensure that the equipment offered for hire is mechanically and technically sound and complies with the general conditions of the above Act. Technical and operational instructions are readily available at all our depots. However, the hirer is also responsible for acquainting himself with the Act and the owner requires the hirer to completely indemnify him against any claims for personal injury or consequential loss resulting from any misuse or breach of the above Act by the hirer.
Hirer’s are responsible for acquainting themselves with all the regulations regarding the correct use of any heater hired from the owner. Technical information regarding each type of heater is available at all the owner’s depots on request. The hirer shall completely indemnify the owner against all claims and loss arising from any misuse of the above mentioned heaters.
The owner regrets that is is unable to state a specific time of delivery during a contracted day and only undertakes to deliver a.m. or p.m. The hirer is requested to ensure attendance on dates contracted tor delivery as wasted journeys are chargeable.
The user of any grinding machine who wishes to change an abrasive wheel must by law have taken a course in the mounting of abrasive wheels as required in the Health and Safety at Work (etc) Act 1974.
Responsibility of the Hirer.