CONDITIONS FOR THE HIRING OF PLANT/SALE OF MATERIALS (Topsoil, Stone. Hardcore. Sand & Clay)
(A) The "Owner" is the Company, firm or person letting the plant on hire and includes their successors, assigns or personal representative.
(B) The "Hirer" is the Company, firm, person, 'Corporation or public authority taking the Owners plant on hire and includes their successors or personal representatives.
(C) "Plant" covers all classes of plant, machinery, equipment and accessories therefore which the Owner agrees to hire to the Hirer.
(D) A "day" shall be 8 hours unless otherwise specified in the Contract.
(E) A "week" shall be seven consecutive days.
(F) A "working week" covers the period from
starting time on Monday to finishing time on
(G) The hire period shall commence from the time
when the plant leaves the "Owners" depot or
place where last employed and shall continue
until the plant is received back at the Owners
named depot or equal.
2. EXTENT OF CONTRACT
No conditions other than specifically set forth in the Offer and Acceptance and herein shall be deemed to be incorporated in or to form part of the Contract.
3. ACCEPTANCE OF PLANT
Acceptance of the plant on site implies acceptance of all terms and conditions herein unless otherwise agreed.
4. UNLOADING AND LOADING
The Hirer shall be responsible for unloading and loading the plant at site, and any personnel supplied by the Owner shall be deemed to be under the Hirers control and shall comply with all directions of the Hirer.
5. DELIVERY IN GOODS ORDER AND
MAINTENANCE INSPECTION REPORTS
(A) Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of plant supplied with an operator within four working days, and in the case of plant supplied without an operator 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 Hirers satisfaction, provided that where plant requires to be erected on site, the periods above stated be calculated from date of completed erection of plant. The Hirer shall be responsible for its safekeeping, use in a workmanlike manner within the Manufacturers rated capacity and return on the completion of the hire in equal good order (fair wear and tear excepted).
(B) The Hirer shall when hiring plant without Owners operator or driver take all reasonable steps to keep himself acquainted with the state and condition of the plant. If such plant be continued at work or in use in an unsafe and unsatisfactory state, the Hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising therefrom.
(C) The current 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 hire.
6. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Owner, his Agents or his Insurers to have access to the plant to inspect, test, adjust, repair or replace the same. So far as reasonably possible, such work will be earned out at times to suit the convenience of the Hirer.
7. TIMBER MATS OR EQUIVALENTS
If the ground is soft or unsuitable for the plant to work on or travel over without timbers or equivalents the Hirer shall supply and lay suitable timbers or equivalents in a suitable position for the plant to travel over or work on.
8. HANDLING OF PLANT
When a driver or operator is supplied by the Owner with the plant, the Owner shall supply a person competent in operating the plant and such person shall be under the direction and control of the Hirer. Such drivel's or operators shall for all puiposes 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) 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 Owners previous consent to be confirmed in writing.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(A) When the plant is hired without the Owners driver or operator any breakdown or 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 and date of notification.
(B) Full allowance will be made to the Hirer for any stoppage due to breakdown of 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 tenns of the Contract.
(C) The Hirer shall not, except for punctures, repair the plant without the written authority of the Owner. Punctures are however the responsibility of the Hirer. Allowance for hire charges and for the reasonable cost of repairs will be made by the Owner to the Hirer where repairs have been authorised.
(D) The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner due to the Hirers negligence, misdirection or misuse of the plant, whether by the Hirer or his servants, and for the payment of the hire at the appropriate idle time rate during the period the plant is necessarily idle due to suck breakdown or damage. The Owner will be responsible for the cost of repairs to the plant involved in breakdowns from all other causes and will bear the cost of providing spare parts.
10. OTHER STOPPAGES
No claims will be admitted (other than those allowed for under "Breakdown" or for "idle time", as herein provided), for stoppages through causes outside the Owners control, including bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any plant from soft ground.
11. LOSS OF USE OF OTHER PLANT DUE TO
Each item of plant specified in the Contract 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 hired together as a unit, such item shall be deemed a unit for the puipose of breakdown.
12. CONSEQUENTIAL LOSSES
Save in respect of the owners liability if any under Clauses 6, 8 and 9, the Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising through any cause beyond his control.
13. HIRERS RESPONSIBILITY FOR LOSS AND
(A) For the avoidance of doubt it is hereby declared and agreed that nothing in this Clause affects the operation of Clauses 5, 8 and 9 of this Agreement.
(B) During the continuance of the hire period the Hirer shall subject to the provision referred to in sub paragraph (a) make good to the Owner all loss of or damage to the plant from whatever cause the same may arise, fair wear and tear excepted, and except as provided in Clause 9 herein, and shall also fully and completely indemnify 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 use of the plant and in respect of all costs and charges 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 until settlement has been effected.
(C) Notwithstanding the above the Owner shall
accept liability for damage, loss or injury due to or arising
(i) prior to delivery of any plant to the
site of the Hirer where the plant is in
transit by transport of the Owner or
as otherwise artanged by the Owner.
(ii) During the erection of any plant,
where such plant requires to be
completely erected on the site,
always provided that such erection
is under the exclusive control of the
Owner or his Agent.
(iii) During the dismantling of any plant,
where plant requires to be
dismantled after use prior to
removal from site, always provided
that such dismantling is under the
exclusive control of the Owner or
(iv) After the plant has been removed
from the site and is in transit on to
the Owner by transport of the
Owner or as otherwise arranged by
(v) Where plant is travelling to or from
a site under its own power with a
driver supplied by the Owner.
14. 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 by telephone and confinned in writing to the Owners office, and in respect of any claim not within the Hirers agreement, for indemnity, no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owners consent in writing.
15. RE-HIRING, ETC.,
The plant or any part thereof shall not be re-hired, sub-let, or lent to any third party without the 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 authority of the Owner, such authority to be confinued in writing.
17. RETURN OF PLANT FOR REPAIRS
(a) within three months from the commencement of hire the Owner shall pay all transport charges involved, or
If during the hire period the Owner decides that urgent repairs to the plant are necessary he may arrange for such repairs to be carried out on site or at any location of his nomination. In that event the Owner shall be obliged to replace the plant with similar plant if available, the Owner paying all transport charges involved. In the event of the Owner being unable to replace the plant he shall be entitled to determine the Contract forthwith by giving written notice of the Hirer. If such determination occurs:
more than three months but less than six months from the commencement of the hire the Owner 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. Where the plant is accompanied by the Owners driver or operator, the Hirer shall sign the employees Time Record Sheets daily or weekly. The signature of the Hirers representatives shall bind the Hirer to accept the hours shown on the Time Records Sheets.
(B) 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 the Hirers misuse, misdirection or negligence, subject however to the provisions of Clause 8 of this Agreement.
(C) Breakdown time shall be allowed for not exceeding 8 hours each day on Monday to Friday less the actual daily hours worked.
(D) Plant shall be hired out at "per day" or "per week" or "per hour" for a minimum period, for a day of 8 hours or for a week of 40 hours or such other period as may be mutually agreed between the Owner and the Hirer. In the case of plant hired "per week" for a minimum period, odd days at the beginning and at the end of the hire period shall be charged pro rata.
(E) 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 treated as
(F) In the case of plant which requires to be
dismantled for the puipose 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
hire, such modification of the hire charge and
the period for which it shall apply shall be
stated on the Hire Contract.
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 to the average working day. No hire charge shall be made for Saturday and/or Sunday unless the plant is actually worked.
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 at the rate of one-fifth of the agreed weekly rate or one-twentieth of the agreed monthly rate will be made for each full working day broken down calculated to the nearest half working day. No allowance will be made for breakdown on Saturdays and Sundays.
21. PLANT HIRED BY THE WEEK OR THE
HOUR FOR A MINIMUM OF 40 HOURS PER
WEEK OR A DAY OF 8 HOURS
If no breakdown occurs, the full hire for the minimum period in the Contract will be charged and an additional pro rata charge will be made for hours worked in excess of such minimum period. The stipulated minimum number of hours can be worked at any time during the minimum period of a week. Allowance will be made for breakdowns up to 8 hours providing always that where the actual hours worked are in excess of the minimum period less breakdown time, the actual hours worked shall be chargeable. Idle time for this purpose shall be treated as actual working time. The minimum week of 40 hours shall be reduced by 8 hours Monday to Friday for each days statutoty holiday occurring in such week provided that the plant does not work on the holiday.
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. COMMENCEMENT AND TERMINATION OF
HIRE (Transport of plant)
(a) The hire period shall commence from the time when the plant leaves the Owners depot or place where last employed and shall continue until the plant is received back at the Owners named depot or equal, but an allowance shall be made of not more than one days hire charge each way for travelling time. If the plant be used on day of travelling, full hire rates shall be paid for the period of use on that day. If more than one day be 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 week, the full hire rate shall be paid from the date of despatch to the date of return to the Owners named depot or equal.
(b) An allowance of not more than one days
travelling time shall be allowed when the plant is travelling to a site other than that specified in the Contract provided that:
(i) consent to such transfer has been
given by the Owner under Clause
(ii) the plant is moved by means other
than under its own power, and,
(iii) the plant shall have been on the site
specified in the Contract or on any
other site to which consent to
transfer has been given under
Clause 16 for a period of at least 14
24. NOTICE OF TERMINATION OF CONTRACT
Where the period of hire is indeterminate or having been defined becomes indeterminate the Contract shall be determinable by seven days notice in writing given by either party to the other (except in cases where the plant has been lost or damaged). In the event of the Hirer desiring to terminate the Contract and failing to give such notice, hire for the period of the seven days notice shall be chargeable at the idle time rates in lieu. Notice given by the Hirer to the Owners driver or operator shall not be deemed to constitute compliance with the provisions of this Clause.
25. IDLE TIME
When plant works for any time during a guaranteed minimum period, then the whole of that guaranteed minimum period shall be charged as working time. If the plant is idle for the whole of a guaranteed minimum period, the charge shall be two-thirds of the hire rate. In any case no period less than one day shall be reckoned as idle time. Where an "all-in" rate is charged, idle time is charged on the machine element only. Full rate will be charged for the operator.
26. WAGES AND OTHER CHARGEABLE ITEMS
RELATING TO DRIVERS AND OPERATORS
All chargeable items shall be paid by the Hirer at the rates contracted save that any subsequent increases before and/or during the hire period arising from awards under national wage agreements and/or from increases in the employers statutoiy 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 and fares for operators, similar expenses incurred at the beginning and end of the hire period and where appropriate the operators return fare to his home at periods in accordance with the appropriate national agreement will 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 Hirers negligence, misdirection or misuse of the plant.
28. FUEL, OIL AND GREASE
Fuel, oil and grease shall, when supplied by the Owner, be charged at net cost or an agreed estimate of net cost, and when supplied by the Hirer, shall be of a grade or type specified by the Owner.
29. SHARPENING OF DRILLS/STEEL, ETC.
Where appropriate, the cost of re-sharpening shall be bome by the Hirer.
30. OWNERS NAME PLATES
The Hirer shall not remove, deface or cover up the Owners name plate or mark on the plant indicating that it is his property.
The Hirer shall pay the cost of and if required by the Owner, arrange transport of, the plant from the Owners depot or equal to the site and return to named depot or equal on completion of the hire period.
32. GOVERNMENT REGULATIONS
The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorities, including Regulations under the Factories Act, 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 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.
33. PROTECTION OF OWNERS RIGHTS
(a) The Hirer of machinery/purchaser of materials shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the plant/purchased materials 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.
(b) If the Hirer/purchaser make default in punctual payment of all sums due to the Owner for hire of plant/purchaser of materials or other charges or shall fail to observe and perform the terms and conditions of this Contract, or if the hirer/purchaser shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or being a Company, shall go into liquidation (other than a members voluntary liquidation) or shall do or shall cause to be done or permit or suffer any act or thing whereby the Owners rights in the plant/supply of materials may be prejudiced or put into jeopardy, this Agreement shall forthwith be terminated (without any notice or other act on the part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature), and it shall thereupon be lawful for the Owner to retake possession of the said plant/materials supplied and for that puipose enter into or upon any premises where the same may be and the determination of the hiring/purchasing under this Condition shall not affect the right of the Owner to recover from the Hirer/purchaser of materials any monies due to the Owner under the Contract or damages for breach thereof.
34. CHANGES IN NORMAL WORKING WEEK
The foregoing provisions have been framed upon the basis of the Hirer working a 5 day week of 40 hours: it is hereby agreed that in the even of
(a) there being any 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 being worked by the hirer (either of 40 hours or of such number of hours as may constitute the normal working week in the said industry).
Clauses 1(d) and (f), 18(c) and (d), 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.
35. ENFORCED TRANSFERENCE OF
In the event of any item or items of the plant comprised in this hire Contract being used by the Hirer on or in connection with a contract for the construction of works or buildings and of a forfeiture of such contract being made by the Employer thereunder, the Owner will upon request in writing made by the Employer within seven days after the date when such forfeiture has become effective and on such Employer undertaking to pay all hire charges therefore from such last mentioned date, hire such
item or items to such Employer for the remainder of the period during which such item or items were hired to the Hirer upon the same tenns in all respects as are herein contained save that notwithstanding the provisions of Clause 33 hereof such Employer shall be entitled to permit the use thereof by any other contractor employed by him for the puipose of completing the works or buildings comprised in such contract.
If during the continuance of the Contract or at any time thereafter any dispute, difference or question shall arise between the Owner and the Hirer in regard to the Contract or the construction of these Conditions or anything therein contained or the rights or liabilities of the Owner or the Hirer such dispute, difference or question shall be referred pursuant to the Arbitration Act 1990, or the Arbitration (Scotland) Act 1894 as the case may be or any Statutory modification thereof, to a Sole Arbitrator to be agreed upon by the Owner and the Hirer and failing agreement to be appointed at the request of either the Owner or the Hirer by the President for the time being of the Institution of Mechanical Engineers.