Plant Hire Terms & Conditions
Model Conditions for the Hiring of Plant (With effect from July 2011)
These conditions are not to be used for consumer contracts. A consumer contract is a contract entered into with a person acting in their own capacity and not for or on behalf of any business or trade entity.
1. Definitions
The "Contract" is the Contract between the Owner and the Hirer for the hire 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 other agreed location. The "Hirer" is the Company, firm, person, Corporation or public authority taking the Owner's Plant on hire. The "Owner" is the Company, firm or person letting the Plant on hire.
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.
3. Acceptance of Plant
Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.
4. Unloading and Loading
The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Plant at the site.
5. Delivery in Good Order and Maintenance
Unless notification in writing to the contrary is received by the Owner from the Hirer within four working days of the Plant being delivered to the site, the Plant shall be deemed to be in good order. The Hirer shall be responsible for the safe keeping of the Plant and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).
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.
7. Ground and Site Conditions
The Hirer is deemed to have knowledge of the site where the Plant is to be delivered and warrants that the condition of the site is suitable for the use of such Plant.
8. Handling of Plant
When a driver or operator is supplied by the Owner with the Plant, such person shall be under the direction and control of the Hirer and shall for all purposes be regarded as the servant or agent of the Hirer.
9. Breakdown, Repairs and Adjustment
Any breakdown or unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Owner and confirmed in writing. The Hirer shall not repair, modify or alter the Plant without the prior written permission of the Owner.
10. Loss and Damage
For the duration of the Hire Period the Hirer shall make good to the Owner all loss of or damage to the Plant from whatever cause, fair wear and tear excepted, and shall fully indemnify the Owner in respect of all claims by any person for injury to person or property caused by or in connection with the use of the Plant.
12. Limitation of Liability
The Owner shall have no liability for any loss of profit, loss of use, loss of production or productivity, loss of contracts, or any other financial, economic, indirect or consequential loss or damage of whatever nature.
13. 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 within 24 hours.
14. Re-Hiring
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.
15. Return of Plant
Upon the completion of the Hire Period, the Hirer shall clean and where necessary decontaminate the Plant.
16. 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.
17. Dispute Resolution
If the site is situated within the United Kingdom, then the court whose jurisdiction covers the site will have exclusive jurisdiction. Both parties have a right to refer any difference or dispute to adjudication.
These Model Conditions are the copyright of The Construction Plant-hire Association.