1. DEFINITIONS
(a) The 'Owner' is the Company, firm or person letting the plan 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, 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 Friday.
(g) 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 equal.
2. EXTENT OF CONTRACT
No conditions other than specifically set forth in the Offer and Acceptance and
therein 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 Hirer’s
control and shall comply with all the directions of the Hirer.
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 the plant supplied with an operator within 4 working
days, and in the case of the plant supplied without an operator within 3 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 Hirer's satisfaction, provided that where plant requires to be erected from
date of completed erection of plant 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 state and conditions
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 damages, 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 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 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 drivers or operators 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 all will 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.
9. BREAKDOWN, REPAIRS AND ADJUSTMENTS
(a) When the plant is hired without the Owner's drivers 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 fault not ascertainable
by reasonable examination or fair wear and tear for and for all stoppages for
normal running repairs in accordance with the terms 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 repairs involved arising from any breakdown
and all loss or damage incurred by the Owner due the Hirers negligence, misdirection
or misuse of the plant, whether by the Hirer or his servants, and for payment
of hirer at the appropriate idle time rate during the period the plant is necessarily
idle due to such breakdown from all other causes and will bear the cost for 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 stoppage through causes
outside the Owner’s control, including bad weather or ground conditions nor
shall the Owner be responsible for the cost or expenses of the covering any plant
from soft ground.
11. LOSS OF USE OF OTHER PLANT DUE T0 BREAKDOWN
Each item of plant specified in the Contract is hired as a separate unit and the
breakdown or stoppage of 1 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 purpose of breakdown.
12. CONSEQUENTIAL LOSSES
Save in respect of the Owner's liability If any under Clauses 5, 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. 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 Clause 5, 8 and 9, of this agreement.
(b) During the continuance of the hire period the Hirer shall subject to the provisions
referred |
to in sub-paragraph
(a) make good to the Owner all loss of or damage to the plant from whatever cause
the same way 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 status of
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 affected.
(c) Notwithstanding the above 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 arranged by the Owner.
(ii) during the erection of any plant. where such plant requires to be completely
erected on 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 any plant requires to be dismantled
after use prior to removal of site, always provided that such dismantling is under
the exclusive control of the Owner or his Agent.
(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 the Owner.
(v) Where plant is travelling to or from a site under its own power with the 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 confirmed
in writing to the Owner’s 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 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 from which it was delivered or consigned
without the authority of the Owner.
Such authority to be confirmed in writing.
17. RETURN OF PLANT FOR REPAIRS
If during the hirer 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 to the
Hirer If such determination occurs.
(a) within three months from the commencement of hire the Owner shall pay all
transport charges Involved or
(b) more than three months but less than six months from the commencement of 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 accompanied
by the Owners driver or operator, the Hirer shall sign the |
employee's Time Record Sheets daily
or weekly. The signature of the Hirer's representative shall bind the Hirer to
accept the hours shown on the Time Record 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 misuses. misdirection or negligence. subject
however to the provisions* of Clause 8 of this agreement.
(c) Breakdown time should be allowed (or 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 4O
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
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
treated as breakdown time.
(f) In the case of plant which requires 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 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. No allowance
will be made for breakdowns on Saturdays or Sundays.
21. PLANT HIRED BY THE WEEK OR THE HOUR FOR A MINIMUM OF 4O 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 breakdown
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 day's statutory
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 accordance
with the hire rates and terms contained therein, subject to the provisions of
Clause 26. |
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23. COMMENCEMENT AND TERMINATION OF
HIRE (TRANSPORT OF PLANT)
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 equal.
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 48 hours 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 48 hours notice shall be chargeable in
lieu. Notice given by the Hirer to the Owner's driver 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 OF PLANT
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 employer’s
statutory contribution shall be charged as additions at cost by the Owner and
shall be admitted and paid by the Hirer.
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27. TRAVELLING TIME AND FARES
Travelling times and fares for operators, similar expenses incurred at the beginning
and end of the hirer period and where appropriate the operator’s 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 Hirer’s 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/STEELS. Etc
Where appropriate, the cost of re-sharpening 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 his property.
31. TRANSPORT
The Hirer shall pay the cost of, and if required by the Owner arrange transport
of, the plant from the Owner's 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
Acts, Health and Safety at Work etc. Act, and observance of the Road Traffic Acts
should they apply. Including the costs of Road Fund Licences and any insurance
made necessary thereby, save that if and during such time as the plant is travelling
whether for full or part journeys 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 OWNER’S RIGHTS
(a) 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.
(b) If hirer makes default in punctual payment of all sums due to the Owner for
hire of plant or other charges or shall fail to observe and perform the terms
and conditions of this Contract, or if the terms 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
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 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 and for that purpose enter into or upon any premises where the same may
be and the determination of the hiring under this Condition shall not affect the
right of the Owner to recover from the Hirer any monies due to the Owner under
the Contract or damages for breach, thereof.
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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 event of:
(a) there being any changes in the normal weekly hours in the industry in which
the Hirer Is engaged or
(b) the Contract being made with reference for 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) Clause 1 (d) and (f), 18(c) and(|d).2O 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 Rate and Terms’
of plant hired for a minimum weekly or daily period shall be varied pro rata.
36. ARBITRATION
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 or question shall be referred to the Arbitration
Act 195O, 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. |
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