Terms & Conditions
(a) The “Contract” is the Contract between the Owner and the Hirer for the hire of
Plant, which incorporates the Offer and is governed by these conditions.
(b) The “Hire Period” shall commence when either the Plant leaves the Owner’s
depot or place where last employed; and shall continue until the Plant is
received back at the Owner’s named depot or other agreed location. For
the avoidance of doubt the Hire Period includes any time the Plant is being
transported to or from site; or is left on site during evenings, nights, weekends,
or any Holiday Period.
(c) 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.
(d) “Holiday Period” covers any cessation of work over Easter, Christmas, and the
New Year, as well as any other Bank or Public holidays.
(e) “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include
details of the Plant to be hired, the Hire Period, relevant hire rates and charges
and any supplementary conditions to be incorporated into the Contract.
(f) The “Owner” is the Company, firm or person letting the Plant on hire and
includes their successors, assignees, or personal representatives.
(g) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles,
equipment, accessories, and any ancillary items, welfare units, accommodation,
vehicles,or equipment therefor, which the Owner agrees to hire to the Hirer
including any personnel, or anything which is supplied by the Owner to effect
the hire, and anything supplied by the Owner for the safe operation and routine
inspection and maintenance of the Plant.
(h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday,
and 8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day,
unless otherwise specified in the Contract.
(i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on
Friday, unless otherwise specified in the Contract.
2. EXTENT OF CONTRACT
No terms, conditions, or warranties other than as specifically set forth in the Offer
shall be deemed to be incorporated or to form part of the Contract or shall otherwise
govern the relationship between the Owner and the Hirer in relation to the hire of any
particular Plant pursuant to the Offer. This excludes all other terms or conditions which
the Hirer may seek to apply under any order or acknowledgement or acceptance or
similar document and supersedes all prior negotiations, representations, or agreements,
whether written or oral unless and to the extent that they are expressly accepted in
writing and signed by the Owner. The Owner and the Hirer do not intend that any of
the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third
Parties) Act 1999 by any person not a party to the Contract, except that a person who is
a successor to or an assignee of the rights of the Owner is deemed to become a party to
the Contract after the date of succession or assignment (as the case may be).
3. ACCEPTANCE OF PLANT
Acceptance of the Plant or any personnel supplied by the Owner on site implies
acceptance of all terms and conditions herein unless otherwise previously agreed in
4. UNLOADING AND LOADING
The Hirer shall be responsible for the unobstructed access and egress to the site, and
where applicable any access road to the site and, unless otherwise agreed in writing, for
unloading and loading of the Plant at the site or on the access road; and any personnel
supplied by the Owner for such unloading and/or loading shall be deemed to be under
the direction and control of the Hirer. Such personnel shall for all purposes in connection
with their employment in the unloading and/or loading of the Plant be regarded as the
servants or agents of the Hirer (but without prejudice to any of the provisions of clause
13) who shall be solely responsible for all claims arising in connection with unloading
and/or loading of the Plant by, or with the assistance of, such personnel.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE:
(a) Unless written notification is received by the Owner within 24 hours from
the commencement of the Hire from the Hirer, 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 terms of the Contract and to the
Hirer’s satisfaction, provided that where the Plant requires to be erected on site,
the periods stated above shall be calculated from the date of completed erection of
Plant. The Hirer shall be responsible for the safe keeping of the Plant, its use in a
workmanlike manner within the manufacturer’s rated capacity and in accordance
with the manufacturer’s and/or the Owner’s recommendations, and its return on the
completion of the Hire Period in equal good order (fair wear and tear excepted).
(b) The Hirer shall at all times when hiring Plant without the Owner’s operator or
driver take all reasonable steps to keep themselves acquainted with the state and
condition of the Plant. If such Plant is continued at work or in use in an unsafe
and unsatisfactory state or environment, the Hirer shall be solely responsible for
any damage, loss, cost, expense, or accidents whether directly or indirectly arising
(c) Any inspection report required under the relevant legislation, or a copy thereof,
shall be supplied by the Owner, if requested by the Hirer, and returned on
completion of the Hire Period.
6. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Owner, the Owner’s agents, or insurers
to have access to the Plant to inspect, test, adjust, repair, or replace the same. The
Hirer shall allow such access during the Working Day. The Owner reserves the right
to charge the Hirer for any inspection or maintenance work carried out on the Plant
during the Hire Period.
7. GROUND AND SITE CONDITIONS
(a) The Hirer is deemed to have knowledge of the site, the site’s access road, the
property or land where the Plant is to be delivered or collected, loaded or unloaded,
to work on, travel over, be transported over, be erected or dismantled on is suitable
for the use of such Plant, and any electronic interference which may affect the
(b) Subject to 7(a), if, in the opinion of the Hirer, the ground (including any private
access road or track) is soft or unsuitable for the Plant, then the Hirer shall supply
and lay suitable support in a suitable position for the Plant.
(c) Any suitable support supplied by the Owner is provided solely to assist the
Hirer under their duties within clause 7(b) and expressly not to relieve the Hirer
of their legal, regulatory, or contractual obligations to ensure adequate stability of
(d) The Hirer is responsible for the protection of, and liable for any damage to, any
underground, surface or above ground services and utilities including, but not
limited to cables, ducts, water pipes and gas lines, and any pavements, bridges,
tunnels, and roadways on or adjacent to the site and the Hirer shall liaise as
necessary and comply with all requirements of the relevant statutory authority or
8. HANDLING OF PLANT
a) When a driver or operator or any person is supplied by the Owner with the
Plant, the Owner shall supply a person competent in operating the Plant or for
such purpose for which the person is supplied and such person shall be under the
direction and control of the Hirer. Such drivers or operators or persons shall for
all purposes in connection with their employment in the working of the Plant be
regarded as the servants or agents of the Hirer (but without prejudice to any of the
provisions of clause 13) and the Hirer shall be solely responsible for all site costs
and claims arising in connection with the operation of the Plant by the said drivers/
(b) The Hirer shall not allow any other person to operate such Plant without the
Owner’s prior written consent.
(c) Such drivers or operators or persons shall not operate any other plant or
machinery or undertake work other than that for which they are supplied by the
Owner unless previously agreed in writing between the Owner and the Hirer.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) Any breakdown or the unsatisfactory working of or damage to any part of the
Plant must be notified immediately to the Owner and confirmed in writing. Any
claim for breakdown time will only be considered from the time and date at which
written notification is received and acknowledged by the Owner.
(b) Full allowance for the hire charges set out in the Offer will be made to the Hirer
for any stoppage due to breakdown of the Plant caused by the development of
either an inherent fault or a fault not ascertainable by reasonable examination or
fair wear and tear and for all stoppages for normal running repairs in accordance
with the terms of the Contract.
(c) The Hirer shall not repair, modify, or alter the Plant without the prior written
permission of the Owner (including without limitation the changing or repair of
any tyre/puncture). The Hirer is responsible for all costs incurred in the changing or
replacement of any tyre (which must be of an equivalentspecification) as approved
by the Owner and for the repair of any puncture.
(d) The Hirer shall be responsible for all expense involved arising from any
breakdown, unsatisfactory working of or damage to any part of the Plant due to
the Hirer’s negligence, misdirection, or misuse of the Plant, whether by the Hirer
or their servants, and for the payment of hire at the idle time rate as defined in
clause 25, during the period the Plant is necessarily idle due to such breakdown,
unsatisfactory working or damage. The Hirer is responsible for the cost of spares
and/or repairs due to theft, loss, or vandalism of the Plant. The Owner will be
responsible for the cost of repairs, inclusive of the cost of spares, to the Plant
involved in breakdown from all other causes.
10. OTHER STOPPAGES
No claims will be admitted (other than those allowed for under “Breakdown” (clause
9) or for “Idle Time” (clause 25), as herein provided), for stoppages through causes
outside the Owner’s control, including but not limited to adverse weather and/or ground
conditions nor shall the Owner be responsible for the cost or expense of recovering any
Plant from soft or unsuitable ground, or a hazardous environment. For the avoidance of
doubt, the Hirer shall be responsible for the cost and expense of recovering any Plant
from soft or unsuitable ground or a hazardous environment.
11. LOSS OF OTHER PLANT DUE TO BREAKDOWN
Each itemof Plantspecified in theContract is hired as a separate unit and the breakdown
or stoppage of one or more units or vehicles (whether the property of the Owner or
otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation
or allowance for the loss of working time by any other unit or units of Plant working
in conjunction therewith, provided that where two or more items of Plant are expressly
hired together as a unit, such items shall be deemed to be one unit for the purpose of
12. LIMITATION OF LIABILITY
Except for liability on the part of the Owner which is expressly provided for in the
Contract (including these clauses):
(a) the Owner shall have no liability or responsibility for any loss, or damage of
whatever nature due to or arising through any cause beyond the Owner’s reasonable
(b) the Owner shall have no liability or responsibility, whether by way of indemnity
or by reason of any breach of the Contract, breach of statutory duty or
misrepresentation or by reason of the commission of any tort (including but not
limited to negligence) in connection with the hire, for any of the Hirer’s loss of
profit, loss of use of the Plant or any other asset or facility, loss of production or
productivity, loss of contracts with any third party, liabilities of whatever nature
to any third party, and/or any other financial or economic loss or indirect or
consequential loss or damage of whatever nature; and
(c) whenever the Contract (including these clauses) provides that any allowance is
to be made against hire charges, such allowance shall be the Hirer’s sole and
exclusive remedy in respect of the circumstances giving rise to the allowance, and
such remedy shall be limited to the amount of hire charges which would otherwise
be or become due if the allowance in question had not been made.
(d) For the avoidance of doubt, nothing in these conditions limits or seeks to
exclude the Owner’s liability for claims of death or personal injury caused by the
Owner’s negligence, fraud or for any other liability for which it is not permitted to
seek to limit or exclude by operation of law.
13. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
(a) For the avoidance of doubt, it is hereby declared and agreed that nothing in this
clause affects the operation of clauses 4, 5, 8 and 9 of these conditions.
(b) For the duration of the Hire Period (which for the avoidance of doubt includes the
time Plant is left on site during a Holiday Period) the Hirer shall, subject to the
provisions referred to in sub paragraph (a) be liable for all loss of or damage to the
Plant, and shall also fully and completely indemnify the Owner and any personnel
supplied by the Owner in respect of all claims by any person whatsoever for injury
to person or property caused by or in connection with or arising out of the storage,
transit, transport, unloading, loading or use of the Plant during the continuance
of the Hire Period, and in connection therewith, whether arising under statute or
common law. In the event of loss of or damage to the Plant, hire charges shall be
continued at idle time rates as defined in clause 25 until the settlement has been
agreed. Payment of the settlement must be made within 21 calendar days of the
date of the agreement or idle time charges can be reinstated from the date of that
agreement. Should idle time charges be re-instated, the agreed settlement figure
remains payable in full.
(c) For the avoidance of doubt, notwithstanding any agreement by the Owner to
waive hire charges after any agreed period of use of the Plant, the Hirer’s obligations
specified under clause 13(b) shall continue for the duration of the Hire Period.
(d) Notwithstanding the above the Hirer shall not be responsible for damage, loss, or
injury, subject to clauses 1(b) and 7:
(i) prior to delivery of any Plant to the site (or, where the site is not immediately
adjacent to a highway maintainable at the public expense, prior to its
leaving such highway) where the Plant is in transit by transport of the Owner
or as otherwise arranged by the Owner,
(ii) during the erection and/or dismantling of any Plant where such Plant
requires to be completely physically erected/dismantled on site, provided
always that such erection/dismantling is under the exclusive control of the
Owner or their agent,
(iii)after the Plant has safely been removed from the site, and until it is in
transit on a highway maintainable at the public expense (or where the site is
not immediately adjacent to a highway maintainable at the public expense
including the site’s access road, after it has safely joined such highway) to
the Owner by transport of the Owner or as otherwise arranged by the Owner
(excluding always on such occasion that the Plant is on a Public Highway (or
access road) during the currency of the hire and is being utilised by the Hirer)
(iv)where the Plant is travelling to or from a site on a highway maintainable at
the public expense (or, where the site is not immediately adjacent to a highway
maintainable at the public expense including the site’s access road, prior to its
leaving or after its joining such highway) under its own power with a driver
supplied by the Owner (excluding always on such occasion that the Plant is on
a Public Highway (or access road) during the currency of the hire and is being
utilised by the Hirer).
14. NOTICE OF ACCIDENTS
If the Plant is involved in any accident resulting in injury to persons or damage to
property, immediate notification must be given by the Hirer to the Owner by telephone
and confirmed in writing to the Owner no later than 24 hours after such telephone
notification. In relation to any claim in respect of which the Hirer is not bound to fully
indemnify the Owner, no admission of liability, offer, promise of payment or indemnity
shall be made by the Hirer without the Owner’s prior written permission.
15. RE-HIRING ETC.
Neither the Plant nor any part thereof shall be re-hired, sub-let, or lent to any third party
without the prior written permission of the Owner.
16. CHANGE OF SITE
The Plant shall not be moved from the site to which it was delivered or consigned
without the prior written permission of the Owner.
17. RETURN OF PLANT FOR REPAIRS
If during the Hire Period the Owner decides that urgent repairs to the Plant are
necessary then the Owner may arrange for such repairs to be carried out on site or at
any location of the Owner’s nomination. In the event that urgent repairs to the Plant
are necessary the Owner shall be obliged to replace the Plant with similar Plant if
available, the Owner (but without prejudice to any of the provisions of clauses 9 and/
or 13) paying all transport charges involved. In the event of the Owner being unable to
replace the Plant the Owner shall be entitled to terminate the Contract forthwith (but
without prejudice to any of the provisions of clauses 9 and/or 13) by giving written
notice to the Hirer. If such termination occurs:
(a) within three months from the commencement of the Hire Period, the Owner
(but without prejudice to any of the provisions of clauses 9 and/or 13) shall pay all
transport charges involved, or,
(b) more than three months from the commencement of the Hire Period, the Owner
(but without prejudice to any of the provisions of clauses 9 and/or 13) shall be
liable only for the cost of reloading and return transport.
18. BASIS OF CHARGING
(a) 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. When any
personnel, operator or driver is supplied by the Owner, the Hirer shall sign their
time record sheets. The signature of the Hirer’s representative shall bind the Hirer
to accept the hours shown on the time records sheets. Where applicable, the Plant’s
telematics may be checked against the Hirer’s statement or operator’s signed
timesheet, should any conflict arise, then the telematics will take precedence over
all other records. (If there is any conflict between the signed timesheet and any
other record taken, then the signed timesheet takes precedence.)
(b) The Hirer shall be charged for any toolbox talks, briefings, inductions,
mandatory training which the Owner’s personnel have to attend prior to or when
working on the Hirer’s site.
(c) Full allowance will be made for breakdown periods resulting from mechanical
or electrical faults or absence of driver or operator supplied by the Owner except
where breakdown is due to acts or omissions of third parties and/or the Hirer’s
misuse, misdirection or negligence, subject however to the provisions of clause 8
of these conditions.
(d) Breakdown time in respect of such periods shall be allowed for not more than
the Working Day less the actual hours worked.
(e) Plant shall be hired out either:
(i) for a stated minimum number of hours per Working Day or per Working Week or,
(ii) without any qualification as to minimum hours. Odd days at the beginning and
at the end of the Hire Period shall be charged pro rata.
(f) Stoppages due to changing of tyres and repairs to punctures will be chargeable
as working time up to a maximum of 2 hours for any one stoppage and any
excess will be charged for at the appropriate idle time rates.
(g) In the case of Plant which is required 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 the Hire
Period, such modification of the hire charge and the Hire Period for which it shall
apply shall be stated in the Offer/Contract.
(h) The Hirer shall pay the Owner’s invoice within 30 days net unless otherwise
(i) Any query with the Owner’s invoice must be raised in writing by the Hirer
within 14 calendar days of receiving the invoice.
(j) The Owner in their absolute discretion may agree to accept electronic records
and data as an alternative to written statements of the number of hours, time record
sheets and other information related to charging that the Hirer is required to provide
to the Owner. Such electronic records and data may include but is not limited to
telematics automatically generated by the plant and electronic log books.
19. PLANT HIRED ON A DAILY BASIS WITHOUT QUALIFICATION
AS TO HOURS
The full daily rate will be charged on a daily basis irrespective of the hours worked
except in the case of breakdown for which the Owner is responsible, when the actual
hours worked will be charged pro rata of the average Working Day. No hire charge
shall be made for Saturday and/or Sunday unless at the Hirer’s request, the Plant is
actually worked or has been delivered to site or is on standby. The Hirer must inform
the Owner if the Plant is going to be used at these times.
20. PLANT HIRED BY THE WEEK OR MONTH WITHOUT
QUALIFICATION AS TO HOURS
The weekly or monthly rate shall be charged irrespective of the number of hours
worked, except in the case of breakdown for which the Owner is responsible when
an allowance pro rata of the agreed weekly rate or pro rata of the agreed monthly rate
will be made for each full Working Day broken down calculated to the nearest half
21. PLANT HIRED BY THE WEEK OR MONTH WITH
QUALIFICATION AS TO HOURS
The full hire for the period in the Contract will be charged as per the Working Day
or Working Week and an additional pro rata charge will be made for hours worked in
excess of such period. An allowance will be made for breakdowns for up to the entirety
of that Working Day providing always that where the actual hours worked are in excess
of the breakdown time, the actual hours worked shall be chargeable. Idle time for this
purpose shall be treated as actual working time. An allowance may be made for any
Holiday Period that falls within the Working Day or Working Week, provided that the
Plant is not available for the Hirer to use during that time.
22. “ALL-IN” RATES
Where “All-In” rates are charged by agreement the minimum period shall be as defined
in the Contract and in accordance with the hire rates and terms contained therein,
subject to the provisions of clause 26.
23. PERIOD OF CHARGING
(a) Within the Hire Period, an allowance may be made of not more than 1 day’s
hire charge each way for travelling time. If the Plant is used on the day of travelling,
full hire rates shall be paid for the period of use on that day. If more than 1 day is
properly and unavoidably occupied in transporting the Plant, a hire charge at idle
time rates shall be payable for such extra time, provided that where Plant is hired
for a total period of less than one Working Week, the full hire rate shall be paid
from the date of despatch to the date of return to the Owner’s named depot or other
b) Should the Hirer delay the commencement of the Hire Period for whatever reason,
then the Owner reservesthe right to charge the Hirer the idle time rate as defined in
clause 25 for the intervening period
(c) If the Plant is not made available for collection as agreed between the parties,
such Plant shall be deemed with immediate effect to be placed back on hire. The
Hirer shall be responsible for the safekeeping of the Plant in accordance with
clause 13, and for all the reasonable costs and expenses incurred by the Owner in
seeking to collect such Plant.
(d) Upon the completion of the Hire Period, the Hirer shall clean and where
necessary, decontaminate the Plant. All fuel and contaminates will be removed
from bunds, storage tanks and bowsers. The Hirer shall be liable for any costs,
liabilities and expenses incurred by the Owner should the Hirer fail to comply with
24. HIRER’S LIABILITY DURING THE NOTICE OF TERMINATION
a) Where the intended duration of the hire of the Plant is indeterminate or having
been defined becomesindeterminate the Contractshall be terminable by 7 working
days’ notice in writing given by either party to the other except in cases where the
Plant has been lost or damaged. Notwithstanding that the Owner may have agreed
to accept less than 7 working days’ notice of termination, the Hirer’s obligations
under clause 13 shall continue until the Plant is returned to the Owner in accordance
with clause 31 or until the Owner has collected the Plant within the 7 working days
following the acceptance of short notice. Oral 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.
b) Without prejudice to clause 24(a), should the Hirer fail to make the Plant
available for collection by the Owner before the end of the 7 working days’ notice,
the Hirer’s obligations under clause 13 shall continue for a further 3 working days
or until such time as the Plant is made available for collection and the Owner has
collected the Plant. For the avoidance of doubt, where the Hirer gives a notice
pursuant to clause 24(a) but subsequently and with the consent of the Owner,
withdraws such notice, the obligations of clause 13 shall continue to apply and
the requirements of clause 24 will apply to any later termination of the Contract.
c) If the Hirer terminates the Contract before the Hire Period commences, then the
Hirer is liable for all reasonable costs and charges incurred by the Owner or to
which the Owner is committed at the time of termination.
d) Should the Hirer terminate the Contract once the Hire Period has commenced,
the Owner reserves the right to charge the Hirer the balance of the Contract. Where
the Hire Period has not commenced but insufficient notice of cancellation is
provided by the Hirer to allow the Owner to mitigate the effects of late cancellation,
the Owner reserves the right (at its absolute discretion) to charge the Hirer the full
balance of the charges for the Hire Period.
e) The Hirer may off-hire the Plant by written notification via an electronic device
or application (app.). This off-hire will only be accepted by the Owner, provided
the Owner issues an off-hire confirmation to the Hirer.
25. IDLE TIME
When the Plant is prevented from working for a complete Working Week, the hire
charges shall be two thirds of the hire rate or such other idle time rate as is agreed in
writing by the Owner for the period during which the Plant is not in use. If the Plant
works for any time during the Working Day, then the whole of that Working Day shall
be charged as working time. In any case no period less than one Working Day shall
be reckoned as idle time save for as provided for in clause 18(f). Where an “All-In”
rate is charged, idle time is calculated on the machine element only. Full rate will be
charged for the operator.
26. WAGES AND OTHER CHARGEABLE ITEMS RELATING TO DRIVERS
AND OPERATORS OF PLANT
All chargeable items shall be paid by the Hirer at the rates set out in the Contract
save that any subsequent increases before and/or during the Hire Period arising from
awards under any wage agreements and/or from increases in the Owner’s statutory
contribution shall be charged as additions at cost by the Owner and shall be admitted
and paid by the Hirer.
27. TRAVELLING TIME AND FARES
Travelling time, fares and similar expenses for drivers, operators and any person
supplied by the Owner, incurred at the beginning and end of the Hire Period and where
appropriate return fare of the driver, operator and any person supplied by the Owner to
their home may be chargeable at cost. No charge shall be made by the Owner for any
such expenses incurred by other employees of the Owner for the purpose of servicing,
repair, or maintenance of Plant, unless necessitated by the Hirer’s negligence,
misdirection, or misuse of the Plant.
28. FUEL, OIL AND POWER
(a) Fuel, fuel additives or power shall when supplied by the Hirer and where
instructed or specified by the Owner, be of a grade and type specified. The Hirer
shall be solely responsible for all damages, losses, costs, and expenses incurred
by the Owner if the Hirer fails to supply, maintain, or use the wrong/contaminated
fuel, fuel additives or power rating.
Fuel, fuel additives or power when supplied by the Owner, to be charged at an
(b) If the Plant requires an electrical supply to either safely operate or recharge,
then the Hirer will be responsible for the cost of providing the correct electrical
supply, which will be available prior to the Plant’s delivery, and continue until
the Plant has left the site. The Hirer shall ensure that all current Health and Safety
and other applicable legislation and industry guidance is complied with including
fitting, testing and inspection of the supply. The Hirer will indemnify the Owner
against any and all damages, losses, or claims should the Hirer fail to do so.
29. SHARPENING OF DRILLS/STEELS ETC.
The cost of re-sharpening or replacement of drill bits, blades, bucket teeth and other
ancillary items shall be borne by the Hirer.
30. OWNER’S NAME PLATES
The Hirer shall not remove, deface, or cover up the Owner’s name plate or mark on
the Plant indicating that it is the Hirer’s property, without the prior written permission
of the Owner.
The Hirer shall pay the cost of and if required by the Owner, arrange transport of the
Plant from the Owner’s depot or other agreed location to the site and return to the
Owner’s named depot or other agreed location on completion of the Hire Period.
32. GOVERNMENT REGULATIONS
a) The Hirer will be responsible for compliance with all relevant legislation,
regulations, instructions, or guidance issued by the Government, Government
Agencies, Local Authorities, statutory regulators, and Public/Corporate Bodies
established by Parliament/Government including (without limitation) regulations
under the Bribery Act, the Civil Aviation Act, the Construction (Design and
Management) Regulations, the Environmental Acts, Factories Acts, the General
Data Protection Regulation (GDPR), the Health and Safety at Work, etc. Act and
observance of the Road Traffic Acts should they apply, including the cost of road
fund licences and any insurances 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.
b) For the avoidance of doubt, the Hirer shall indemnify the Owner against any
and all charges, fines, or losses that the Owner may become liable for as a result of
the Hirer utilising the Plant during the Hire Period.
33. 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 provided under clause 15 and shall protect the
same against distress, execution or seizure and shall indemnify the Owner against all
losses, damage, costs, charges, and expenses arising as a direct result of any failure
to observe and perform this condition except in the event of Government requisition.
34. TERMINATION AND SUSPENSION
(a) The Owner may terminate the Contract forthwith by written notice to the
Hirer if one or more of the following events occur:
(i) The Hirer defaults in punctual payment of any sum due to the Owner for
hire of Plant or other charges payable pursuant to these conditions and
fails to remedy such default within 10 working days or such other period as
might be considered reasonable under the circumstances upon receiving
written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and conditions of the
Contract and fails to remedy such default within 10 working days of
receiving written notice requiring it to do so;
(iii)The Hirer suffers, or the Owner reasonably believes that the Hirer shall
suffer, any distress or execution to be levied against them;
(iv)The Hirer makes or proposes to make any arrangement with their creditors
or becomes insolvent within the meaning of Section 113 of the Housing
Grants, Construction and Regeneration Act 1996 or any amendment or
re-enactment thereof for the time being in force; or
(v) The Hirer does or causes 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
(b) In the event of termination under sub-paragraph (a) above:
(i) The Hirer must give the Owner or the Owner’s agents, immediate unobstructed
access to recover the Plant.
(ii) The Owner shall be entitled to claim the hire charges outstanding as at
the date of termination of the hire under this clause and return transport
charges under clause 31.
(c) The rights under sub-paragraph (a) and (b) above:
(i) May be exercised notwithstanding that the Owner may have waived some
previous default or matter of the same or a like nature.
(ii) Shall not affect the Owner’s right to claim damages for breach of Contract or
recover any sums due under the Contract as a debt.
(d) If the Hirer does not make payment of a sum by the final date on which
payment is due to be made, the Owner has the right to suspend performance of its
obligations under the Contract. The right to suspend may not be exercised without
first giving to the Hirer at least 7 working days’ notice in writing of the Owner’s
intention to suspend performance, stating the ground or grounds on which the
Owner intends to suspend performance. The right to suspend performance will
cease when the Hirer makes payment in full of the amount due.
35. CHANGES IN NORMAL WORKING WEEK
The foregoing provisions have been framed upon the basis of the Hirer working a
5-day week of 39 hours; it is hereby agreed that in the event of:
(a) there being any agreed change in the normal weekly hours in the industry in
which the Hirer is engaged or,
(b) the Contract being made with reference to a 5-day week of other than 39 hours.
Clauses 1(h) and (i), 18(d) and (e), 20 and (in regard to breakdown allowance
and reduction for statutory holidays) 21 shall be deemed to be modified
conformably and in the event of an alteration in the normal weekly working hours
in the said industry the “Hire Rates and Terms” of Plant hired for a minimum
weekly or daily period shall be varied pro rata.
36. DISPUTE RESOLUTION
(a) The Owner will determine which court will have exclusive jurisdiction and
interpretation of the law for this Contract be it governed by the country where the
Owner’s Head Office or site is located.
(b) Both parties to the Contract have a right to refer any difference or dispute
arising under or in connection with the Contract to adjudication and the procedure
set out in Part 1 of the Scheme for Construction Contracts (England and Wales)
Regulations 1998 or such equivalent legislation which confers on the parties the
statutory right to adjudicate within the relevant jurisdiction (or any amendment or
re-enactment thereof for the time being in force) will apply. The person (if any)
specified in the Contract to act as adjudicator may be named in the Offer. The
specified nominating body to select adjudicators shall be the Construction Planthire Association acting by its President or Chief Executive for the time being.
(c) The Owner and the Hirer shall comply forthwith with any decision of the
adjudicator; and shall submit to summary judgment and enforcement
(and/or, under Scots law, shall consent to a motion for summary decree and submit
to enforcement) in respect of all such decisions; in each case, without any defence,
set-off, counterclaim, abatement, or deduction. Where, under Scots law, the Owner,
the Hirer, or the adjudicator, wishes to register a decision of the adjudicator for
execution in the Books of Council and Session, any other party shall, on being
requested to do so, forthwith consent to such registration by subscribing the
decision before a witness.
37. LATE PAYMENTS
The Owner reserves the right to charge the Hirer for the late payment of any outstanding
invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any
If any of these clauses are held to be unlawful, void, or unenforceable, then that clause
will be deemed severable and will not affect the validity and enforceability of the
remaining clauses, to the extent permitted by law
Flawless Plant Hire
Construction & Renovations