Terms and conditions of P and J plant hire.
1.Definitions
(A) The ‘owner’ is the company, (P and J plant Hire) firm or person letting the plant on
(B) Hire and includes their successors, assigns or personal representatives.
(C) The ‘Hirer’ is the company, firm, person, cooperation, or public authority taking the owner’s plant, machinery, vehicles, equipment, and accessories therefore, which the Owner agrees to hire to the Hirer.
(D) “Plant” covers all classes of plant, machinery, vehicles, equipment, and accessories therefore, which the Owner agrees to hire to the Hirer.
(E) A working week covers the period from starting time on Monday to finishing time on Friday. Unless equipment is specifically hired for Saturday and Sunday. This hire condition has the same terms of use as outlined in these current terms and conditions.
(F) The “hire period” shall commence from the time the equipment leaves the Plant depot or where last employed and shall be from times given on website after the delivery driver has delivered the plant to the designated area at designated time slot.
(G) A “consumer contract” is a contract entered into with a person acting in his own capacity and nor for 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 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 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 otherwise agreed in writing.
4.Unloading and loading
The hirer shall be responsible for unobstructed access and, unless otherwise agreed in writing. For loading or unloading at the site. And any personnel supplied by the owner 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 (without prejudice to any of the provisions of clause 13. Who alone shall be responsible for all claims arising in connection with unloading of the plant by, or with the assistance of, such personnel.
5.Delivery in good order and maintenance inspection reports.
(A) Unless notifications 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 this 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 time that hire has specified upon checkout on website. The Hirer shall be responsible for its safekeeping, use in person like Manner within the manufacturers rated capacity. And retuned on the completion of the hire in equal good order (fair wear and tear excepted) An end of hire sheet will be completed on the collection of the Plant and a signature will be asked for to ensure that any damages that are incurred over the hire period, this will result in an invoice for repairs, parts that may have been deemed as un fair wear and tear by the collection driver at the end of your hire. This will be deducted from your deposit see section 23.
(B) The hirer shall when hiring plant without Owner’s operator or driver takes all reasonable steps to keep himself/herself/themselves if 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 or environment, the hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising there from
(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 at all reasonable times allows the owner, his agents, or his insurers to have access to the plant to inspect, test, adjust, repair, or replace the same. As far as reasonably possible, such works will be carried out at times to suit 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 to be transported over without timbers or equivalent’s the Hirer shall supply and lay suitable timbers or equivalents in a suitable position for the plant to travel over, work on, or to 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/stabilizers is provided solely to assist the Hirer and expressively not to relieve him of his legal, regulatory, or contractual obligations to ensure adequate stability of the lifting equipment under the imposed loading.
8.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 the breakdown time will only be considered from the date and time of notification
(B) Full allowance for the hire charges and for the reasonable repairs that have been authorized by the owner will be made to the hirer for ant stoppage due to the breakdown of plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination of fair wear and tear and for all stoppages for normal running repair in accordance with the terms of contract.
(C) The Hirer shall not, except for the changing of any Tyre repair of punctures, repair the plant without the written authority of the Owner. The changing of any Tyre and repair of puncture are however the responsibility of the Hirer who shall arrange for them to be changed/ repaired without awaiting authorization from the Owner. The hirer is responsible for all the 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 Hirers negligence, misdirection or misuse of the plant, whether by the hirer or his servants, and for the payment of the hire at idle time rate as defined in Clause 25 during the period the plant is necessary idle due to such breakdowns, loss or damage. The Hirers are 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 spares, to the plant involved in breakdown from all other causes. Copyright CPA
9. Other stoppages
No claims will be admitted (other than those allowed for under “Breakdown” or for “idle time” as herein provided) for stoppages through cases outside of the Owners control, including bad wearer or ground conditions nor shall the owner be responsible for the cost or expense of recovering any plant from soft ground.
10. Loss of other plant due to breakdown.
Each item of plant in the contract is hired as a separate Unit and the breakdown or stoppage of one or more units, vehicles, whether the property or owner or otherwise. Though any because whatsoever shall not entitle the hirer to compensation or allowance for the loss of working time by any other units or units of plant working in conjunction there with time provided that where two or more items of plant are expressively hired together as a unit, such items will be deemed a unit for the purpose of breakdowns
11 Limitation of Liability
Except for liability on the part of the owner which is expressively provided. Put 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 his reasonable control.
(B) The owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach in the contract, breach of statutory duty, or misrepresentation by reason of the Commission of any tort. (Including but not limited to Negligence) in connection with the hire, for any of the hirers Loss or profit, of use of the plant or any other asset or facility. Loss of production or productivity, Loss of contract with any third-party liabilities or whatever nature to any third party and/or financial or economic loss or indirect or consequential loss or damage of whatever nature.
(C) the contract. (including these clauses) that any allowance is made against Hirer charges, Such Allowance shall be, in respect of the circumstances giving rise to the allowance, such remedy shall be limited to the number of Hirer charges, which would either be or become due if the allowance in question has not been made.
12. Hirers responsibility for loss or damage.
(A) the avoidance of doubt. It is hereby declared and agreed that nothing in this clause affects the operations of clause 4, 5, 8 and 9 of this agreement
(B) the continuance of the Hirer. The Hirer shall subject to provisions referred to in subparagraph, a make good to the owner all loss or damage. To the plant, from whatever cause the same may arise, Fair wear and tear accepted, and except as provided in clause 9 herein, and shall also fully, completely indemnify the owner in respect of all claims by any person whatsoever but injury to person or property caused by or in connection with. Or arising out of shortage. Transit, transport, unloading, loading or use of plant during the continuance of the hire period, in respect of all costs and charges in connection therewith, whether arising under. Statute or common law. In the event of loss or damage. The plant has Hirer charges. It shall be continued at the idle time rate as defined in clause 25 until settlement has been affected.
(C) above hirer shall not be responsible for damage, loss, or injury due to or arising;
- to deliver any plant to the site. (Or, Where the site is not immediately adjacent to a highway. Maintainable at public expense, prior to it leaving such highway.) Where plant is in transit by transport of the owner, or as otherwise arranged by the owner,
- the erection and/or dismantling of any plant where such plant requires to be completely erected/dismantled on site, always provided that such erection/ Dismantling. It is under the exclusive control of the agent or his agent.
- After the plant has been removed from the site and 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 after it is joined such a highway) To the owner, by transport of the owner or otherwise arranged by the owner.
- Where 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, Prior to leaving it or after it is joining such highway.) Under its own power, with a driver supplied by the owner.
13.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. In relation to any claim in respect of which the hirer is not bound fully to indemnify the Owner, no admission, Offer, promise of payment or indemnity shall be made by the hirer without the owner’s consent in writing.
Rehiring etc.
The plant or any part thereof of shall not be rehired, sublet, or Lent to any third party without the written permission of the owner.
14. Change of site
The plant shall not be moved from the site to which it was delivered or consigned without the written permission of the owner.
15. Return of plant for repair
If, during the Hirer. 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. If the owner shall be obliged to replace the plant with a similar one if available. The owner (But without prejudice to any of the provisions in clauses 9 and/or 13.) 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. (But without prejudice to any provisions of clause 9. and/or 13.) shall pay all transport charges involved or (b) More than three months from the commencement of the hire, The owner. (But without prejudice to any provisions of clause 9. And/ Or 13.) Shall be liable only for the cost of reloading and return Transport.
16. Basis of Charging
(a) the Hirer shall render to the owner. For each week. An accurate statement of the number of hours the plant has worked each day. [This will be exempt via website purchases. As the price. Is per hire.] Where the plant is accompanied by the owners, driver or operator, the hirer shall sign the employees time record sheet, the signature of the hirer’s Representative. We 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 except where the breakdown is due to the hirer’s misuse, misdirection, or negligence. Subject however to the provisions of clause eight of this agreement.
(c) Breakdown time in respect of such. Shall be allowed for not more than eight hours Monday to Thursday and not more than seven hours on Friday less the actual hours worked.
(d) plant shall be hired out either.
(i) For stated minimum number of hours per day or per week or (online hire this will be per day as per calendar on website allows.)
(ii) without any qualification as to minimum hours. Odd days at the beginning and the end of Hirer. Shall be charged pro rata. (Not Applicable. In this case. AS will be hired online.)
(e) stoppages due to changing of Tyres, and repairs to punctures will be chargeable as working time up to a maximum of two. That was for anyone stoppage and any excess will be charged for the appropriate idle prime rates.
(f) In the case of a plant, which requires to be dismantled for the purpose of transportation if the owner agrees to a modification of the hire Charge for. Required for assembling on site and dismantling upon completion of hire, such modification of Hirer charge. And the period for which it shall apply shall Require for you to contact us directly on the telephone number provided. (01379. 652277)
(g) Deposits, these will be taken during the checkout on the website, you will be asked to pay £250 which will be refunded to you within 14 working days. You will be asked at the end of hire to fill in an End of Hire sheet which will be signed to authorize any repairs that are a result of use within your hire period, this will also include fuel if this has not been refilled with white diesel. We will charge you £2 per litre which will come from the deposit.
17. Plant hired daily without qualification as to hours.
N/a
18. Plant hired by the week or month without qualification as to hour.
19. Commencement and termination of hire. (Transport of plant.)
(a) The Hirer. Shall commence from the time when the plant leaves the owner’s depot and is delivered to the address for which is Given. Via transaction. Upon this page. Should the address. Upon delivery. Seem in any way. Unsatisfactory equipment. The Hirer shall not proceed.
(b) when the customer. Proceeds to check out upon the website. There is an additional security check. This will be done. By the owner. On his dashboard to ensure that all documents are correct and in keeping with security checks. And to ensure that machinery is kept safe and unavailable from Theft.
(c) If all documents do not add up, or addresses or businesses or any of the above, then the Hirer shall not be. Approved. This Will. Then. End your Hirer agreement and you shall not get the equipment. You can. Call us. On. (01379. 652277) And we can Rediscussed this decision. If this is a genuine hire.
(d) Proof of identity should be contained. Utility bills, With the address of the company in the Letter. This can be your insurance that covers you for the hire. As well as a driving license. With the name of the. Business owner. To ensure. That. This hire. It is not fraudulent. Your payment should be in the name of the company. For the owner to ensure that this process is completed.
20. Delivery Charges.
Delivery charges are £25 each way. £2 per mile. From the depot to the designated area. Your delivery driver.
(a) Your delivery driver. Will. Unload the plant hire, and we will ask you whether you are competent to drive the equipment. You will sign a competency sheet. Failure to do so will end the Hirer agreement. And any payments made will result in. No refund.
(b)end of hire collection. At the end of each hire. We require that the Hirer. Is present. To sign an end of hire sheet on this end of Hirer sheet. There will be a checklist. Of different things that will be inspected upon the delivery driver collecting the machinery. Please ensure that all. Plant is filled with white diesel at the end of each use.
(i) white diesel is the only fuel that our plant machinery is run on.
(ii) Any damage that requires repair. And any fuel that is not present will be deducted from your deposit which was taken at the checkout of your online transaction.
21. Deposit
Upon Checkout, you will be asked to pay £250 which will be returned should there be no repairs, We will charge you £250 which will be reimbursed to you within 14 days, provided there are no repairs that require completing that are not in line with our ‘wear and tear’ terms as set out in clause 9 section (d).
22. Dispute Resolution.
(a) If the original site is in England, the proper law of the contract shall be English law.
(b) Looking for construction contracts contained in the scheme for construction contract. (England and Wales.) Regulations 1998 or any amendment for Reenactment. There of the time being in force, shall apply to the contract. The person (if any) Specified in the contract to act as an adjudicator. May be named in the offer. The specified nominating body to select adjudicators. Shall be the Construction Plant Hire Association acting by its president or chief executive for the time being.