SUPPLEMENTARY CONDITIONS APPLICABLE TO TOOL
AND EQUIPMENT HIRE
TO BE READ IN CONJUNCTION WITH THE CPA MODEL
CONDITIONS FOR THE HIRING OF PLANT (2001)
EXPLANATORY NOTE: The purpose of these Supplementary Conditions is, partly, to raise awareness of the Hirer’s responsibilities for the Safe Use of Tools and Equipment and partly to define contractually the extent of the Owner’s and Hirer’s responsibilities as between themselves.
RESPONSIBILITIES OF THE HIRER
1.1 In order to comply with the requirements of legislation, which includes the Management of Health and Safety at Work Regulations 1999 (SI 1999 No. 3242); and the Provision and Use of Work Equipment Regulations 1998 (SI 1998 No. 2306) the Hirer has overall responsibility for the management and use of Tools and Equipment.
1.2 If advice or information is sought from and given by any representative of the Owner, the Hirer understands and accepts that such advice or information is given in good faith and does not relieve or reduce the Hirer’s requirement to make his own independent assessment as outlined above.
2.1 The Hirer shall take out and maintain insurance against any and all liabilities the Hirer might incur under the Contract provided the same is commercially available. The Owner reserves the right at any reasonable time to require confirmation that the Hirer is complying with its insurance obligations.
2.2 At the discretion of the Owner it may be possible to give the Hirer an interest in the Owner’s own insurance policy for a fee. This interest must be agreed in writing prior to the commencement of any work covered by the Contract.
3. Holiday Periods
It is the responsibility of the Hirer to ensure the safekeeping of all Tools and Equipment hired which is not returned to the Owner before the start of any holiday period. The Tools and Equipment will be deemed to be in use during the holiday period and will be charged in accordance with the terms of the Contract. For the avoidance of doubt, the Tools and Equipment are deemed to be on-hire during public/bank holidays
4. Stolen or Damaged Tools and Equipment
4.1 If the Tools and Equipment are damaged and are economically repairable, the Hirer will be charged for the repairs.
4.2 If any item of the Tools and Equipment is two years old or less, then the Hirer will be charged by the Owner for a brand new item to replace the item that has been damaged beyond economic repair or which has been stolen.
4.3 If any item of the Tools and Equipment is over two years old, then the Hirer will be charged by the Owner if the item has been stolen or damaged beyond economic repair, at the current replacement value.
5. Acceptance of Plant
Receipt of the Tools and Equipment by the Hirer from the depot or on site implies acceptance of all terms and conditions herein unless otherwise agreed in writing by the Owner.
6. Fuel, Oil and Grease
The Hirer must ensure the correct grade of fuel, oil and grease is used in the Tools and Equipment and shall be solely responsible for and shall indemnify the Owner in respect of all damages, losses, costs and expenses arising as a result of the wrong grade of fuel, oil or grease being used.
7. Electrical Plant
Any item of Tools and Equipment which is electrical must not be used unless it is correctly earthed, or unless it is of doubled insulated construction. Such electrical equipment must be connected by a qualified electrician to an adequate electrical supply of the correct voltage.
8. Commencement and Termination of Hire
8.1 The hire period shall commence when the Owner has delivered the Tools and Equipment to site, or once the Tools and Equipment are collected from the depot by the Hirer; and the hire period shall continue until the Tools and Equipment are either collected by the Owner from site, or delivered back to the depot by the Hirer.
8.2 If the Hirer gives notice of termination of the hire to the Owner, the full hire charges shall be paid to the Owner up to the date that the Tools and Equipment were returned by the Hirer to the Owner’s depot or when the Owner has collected the Tools and Equipment.
8.3 The Hirer shall be entitled to “off-hire” the Tools and Equipment in accordance with the following sub-clauses:
8.3.1 The Hirer must notify the Owner in writing when the Tools and Equipment are to be off-hired.
8.3.2 Each item of Tools and Equipment to be off-hired must be identified clearly to enable the Owner to provide a unique off-hire number to the Hirer.
8.3.3 The Owner shall not charge the Hirer any hire charges for any period for which an off-hire number has been obtained, but the Hirer shall still be responsible for such hire charges for those items if he is unable to provide the off-hire number to the Owner for that item of Tools and Equipment.
8.4 In the event that any item of Tools and Equipment which is off-hired, is not made available for collection when the Owner attends the site to collect it, such Tools and Equipment shall be deemed with immediate effect to be placed back on hire, and all hire charges shall be due in accordance with these conditions. The Hirer shall be responsible for the reasonable costs and expenses incurred by the Owner in seeking to collect such off-hired items.
9.1 Where a deposit is required from the Hirer for the Tools and Equipment, then this must be paid to the Owner prior to the Tools and Equipment being either collected or delivered from the depot.
9.2 A Hirer who has an approved credit account shall pay the Owner’s hire charges no later than 30 days after the date of each invoice. If a sum remains unpaid after the due date, the payment of all hire charges, no matter how recent, shall become due immediately.
9.3 In the event that the Owner refers any matter relating to the recovery of any amounts owing pursuant to the contract of hire to its legal department, the Owner shall be entitled to levy an administration fee of £50.00 in respect of each such referral. This fee is in addition to any sums recoverable by the Owner pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.
9.4 The Hirer shall not be entitled to withhold payment of any amount payable to the Owner except those monies which are in dispute with the Hirer. In the case of any short delivery or delivery of damaged Tools and Equipment to the Hirer, the Hirer shall still be liable to pay for the balance of the Tools and Equipment that were correctly delivered in working order.
10. Returned Equipment
The Hirer is responsible for ensuring that the Tools and Equipment are cleaned prior to collection or delivery back to the depot.
11. Maximum Period of Hire for Unincorporated Bodies
In accordance with the Consumer Credit Act, if the Hirer is a partnership, sole trader or other unincorporated body, then the contract of hire will not be more than three consecutive calendar months; and the Hirer shall return the Tools and Equipment to the Owner on or before the last day of the aforementioned three calendar month period .
RESPONSIBILITIES OF THE OWNER
12. Operating Instructions
The Owner will ensure that the Hirer receives written operating instructions for the type of Tools and Equipment being supplied. Such instructions are a means of passing on operating and safety information regarding the Tools and Equipment to a competent operator. Where the operator is not present at the delivery or collection point for the Tools and Equipment, the person signing acknowledges he has a duty to pass on such instructions to the operator of the Tools and Equipment.
13.1 In the event that any clause (or part thereof) of these conditions is held to be unlawful, unenforceable or invalid by any court or other competent body, this shall not in any way affect the validity of the remainder of such clause and the remainder of the other clauses in these conditions.
13.2 In the event that there shall be any conflict between these conditions and the CPA Model Conditions then the former shall prevail.
Tools and Equipment are offered subject to availability at the time of order.
“Tools and Equipment” covers all classes of tools and equipment which the Owner agrees to hire to the Hirer.
MODEL CONDITIONS FOR THE HIRING OF PLANT (WITH EFFECT FROM JULY 2001)
These conditions are not to be used for consumer contracts
(a) The “Owner” is the Company, firm or person letting the plant on hire and includes their successors, assigns or personal representatives.
(b) 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.
(c) “Plant” covers all classes of plant, machinery, vehicles, equipment and accessories therefor, which the Owner agrees to hire to the Hirer.
(d) A “day” shall be 8 hours or if the day is a Friday it shall be 7 hours, unless otherwise specified in the Contract.
(e) A “working week” covers the period from starting time on Monday to finishing time on Friday.
(f) 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 at the Owner’s named depot or other agreed location.
(g) A “Consumer Contract” is a contract entered into with a person acting in his own capacity and not for or on behalf of any business or trade entity.
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 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 and Acceptance. The Contract does not create any right enforceable by or purport to confer any benefit on any person not a party to it 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 on site implies acceptance of all terms and conditions herein unless otherwise agreed in writing.
4. UNLOADING AND LOADING
The Hirer shall be responsible for the unobstructed access and, unless otherwise agreed in writing, for unloading and loading of the plant at the site, 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 alone shall be 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: 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 terms of the Contract and to the Hirer’s satisfaction, provided that where plant requires to be erected on site, the periods above stated shall be calculated from the date of completed erection of plant. The Hirer shall be responsible for its safe keeping, use in a workmanlike manner within the manufacturer’s 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 Owner’s operator or driver take all reasonable steps to keep himself acquainted with the stateand condition of the plant. If such plant be continued at work or in use in an unsafe and unsatisfactory state or environment, 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 carried out at times to suit the convenience of the Hirer.
7. TIMBER MATS OR EQUIVALENT
(a) If the ground (including any private access road or track) is soft or unsuitable for the plant to work on, travel, or be transported 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, work on, or be transported over, including for the purpose of delivery and collection.
(b) Where the hire is for lifting equipment, any sound timber or other material supplied by the Owner for use with outriggers/stabilisers is provided solely to assist the Hirer and expressly not to relieve him of his legal, regulatory or contractual obligations to ensure adequate stability of the lifting equipment under the imposed loading.
8. HANDLING OF PLANT
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) who also shall be responsible for all claims arising in connection with the operation of the plant by the said drivers/operators/persons. The Hirer shall not allow any other person to operate such plant without the Owner’s previous consent to be confirmed in writing.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) When the plant is hired without the Owner’s 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 for the hire charges and for the reasonable cost of repairs that have been authorised by the Owner 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 terms of the Contract.
(c) The Hirer shall not, except for the changing of any tyre and repair of punctures, repair the plant without the written authority of the Owner. The changing of any tyre and repair of punctures are however the responsibility of the Hirer who should arrange for them to be changed/repaired without awaiting authorisation from the Owner. The Hirer is responsible for all costs incurred in the changing or replacement of any tyre and the repair of any puncture.
(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 Hirer’s negligence, misdirection or misuse of the plant, whether by the Hirer or his 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, loss 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.