CONDITIONS FOR THE HIRING OF PLANT
(With effect from July 2023)
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
(a) The "Contract" refers to the agreement between the Owner and the Hirer for hiring Plant, which includes the Offer and is governed by these conditions.
(b) The "Hire Period" starts from when the Plant departs the Owner's depot or last place of use and continues until it is returned to the Owner's designated depot or other agreed location. This period includes any time the Plant remains on-site during a Holiday Period.
(c) The "Hirer" denotes the Company, firm, person, Corporation, or public authority renting the Owner's Plant and includes their successors or personal representatives.
(d) "Holiday Period" covers any work cessation over Easter, Christmas, New Year, and other Bank or Public holidays.
(e) The "Offer" is the Owner's proposal to rent the Plant to the Hirer, containing details of the Plant to be hired, the Hire Period, relevant hire rates, charges, and any additional conditions incorporated into the Contract.
(f) The "Owner" represents the Company, firm, or person letting the Plant for hire and includes their successors, assignees, or personal representatives.
(g) "Plant" encompasses all classes of Plant, replacement Plant, machinery, vehicles, equipment, accessories, and ancillary items, vehicles, or equipment provided by the Owner for hire. It also includes anything supplied by the Owner for the safe operation, routine inspection, and maintenance of the Plant.
(h) A "Working Day" refers to the period from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm on Friday, with a half-hour lunch break each day, unless specified otherwise in the Contract.
(i) A "Working Week" extends from 8.00 am on Monday to 3.30 pm on Friday, unless specified differently in the Contract.
2. EXTENT OF CONTRACT
No terms, conditions, or warranties other than those explicitly stated in the Offer shall be considered part of the Contract or govern the relationship between the Owner and the Hirer concerning the hire of any specific Plant according to the Offer. This excludes any other terms or conditions the Hirer may attempt to apply through any order, acknowledgment, acceptance, or similar document. The Contract supersedes all prior negotiations, representations, or agreements, whether written or oral, unless expressly accepted in writing and signed by the Owner. The Owner and the Hirer do not intend any of the Contract's terms to be enforceable by any person not a party to the Contract under the Contracts (Rights of Third Parties) Act 1999, except for a person succeeding to or assigned the Owner's rights, becoming a party to the Contract after the date of succession or assignment.
3. ACCEPTANCE OF PLANT
By accepting the Plant on-site, the Hirer implies acceptance of all the terms and conditions outlined here, unless there was a prior agreement in writing stating otherwise.
4. UNLOADING AND LOADING
The Hirer is responsible for unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading the Plant at the site. Any personnel provided by the Owner for unloading and/or loading will be under the direction and control of the Hirer. The Hirer will be solely responsible for any claims arising from the use of such personnel, with such personnel considered the Hirer's servants or agents.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE:
INSPECTION REPORTS
(a) Unless the Owner receives a written notification to the contrary from the Hirer within two working days from the delivery of the Plant to the site, the Plant shall be considered to be in good order, except for any inherent fault or fault not detectable through reasonable examination, in accordance with the terms of the Contract and to the satisfaction of the Hirer. In the event that the Plant requires on-site erection, the above-mentioned periods shall be calculated from the date of the Plant's completed erection. The Hirer is responsible for the proper use and safekeeping of the Plant, ensuring it operates within the manufacturer's rated capacity and follows the manufacturer's and/or Owner's recommendations. The Plant should be returned in equal good order at the end of the Hire Period, normal wear and tear excepted.
(b) When hiring Plant without the Owner's operator or driver, the Hirer must stay informed about the state and condition of the Plant at all times. If the Plant continues to be used in an unsafe and unsatisfactory state or environment, the Hirer assumes full responsibility for any resulting damage, loss, cost, expense, or accidents, whether directly or indirectly arising from such use. Any 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 the Hire Period.
(c) The Owner shall provide any inspection reports required under relevant legislation, or a copy thereof, to the Hirer if requested, and the report shall be returned upon completion of the Hire Period.
6.SERVICING AND INSPECTION
The Hirer must grant the Owner, their agents, or insurers access to the Plant at reasonable times for inspection, testing, adjusting, repairing, or replacing. The Hirer should facilitate such access during the Working Day to the extent reasonably practicable.
7. GROUND AND SITE CONDITIONS
(a) The Hirer is assumed to have knowledge of the site or property where the Plant will be delivered and warrants that the condition of the site or place of delivery is suitable for the use of the Plant.
(b) If the Hirer believes that the ground (including any private access road or track) is soft or unsuitable for the Plant's operation, transportation, erection, or dismantling without adequate support, the Hirer must provide and place suitable timbers or equivalent support in the necessary positions for the Plant's use, including delivery and collection.
(c) Any timber or material supplied by the Owner is solely meant to assist the Hirer in fulfilling their duties under clause 7(b) and does not absolve the Hirer of their legal, regulatory, or contractual obligations to ensure the Plant's stability.
(d) The Hirer is responsible for the protection of and liable for any damage to underground, surface, or above-ground services and utilities, including cables, ducts, water pipes, and gas lines, as well as any pavements, bridges, tunnels, and roadways on or adjacent to the site. The Hirer must comply with all requirements of the relevant statutory authority or similar body and liaise as necessary.
8. HANDLING OF PLANT
(a) When the Owner supplies a driver, operator, or any person with the Plant, the Owner will ensure that the person is competent to operate the Plant for its intended purpose. The person supplied will be under the direction and control of the Hirer. For all purposes related to their employment in operating the Plant, such drivers, operators, or persons are considered the servants or agents of the Hirer (subject to the provisions of clause 13), and the Hirer bears sole responsibility for any claims arising from the operation of the Plant by these individuals.
(b) The Hirer may not permit any other person to operate the Plant without prior written consent from the Owner.
(c) The drivers, operators, or persons supplied by the Owner may not operate any other plant or machinery or undertake work other than that for which they are supplied, unless previously agreed upon in writing between the Owner and the Hirer.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) The Hirer must immediately notify the Owner in writing of any breakdown, unsatisfactory working, or damage to any part of the Plant. The claim for breakdown time will only be considered from the time and date when written notification is received and acknowledged by the Owner.
(b) The Hirer will be fully compensated for any stoppage due to breakdown of the Plant caused by an inherent fault, a fault not ascertainable through reasonable examination, or fair wear and tear, as well as for stoppages required for normal running repairs, in accordance with the Contract terms.
(c) The Hirer may not repair, modify, or alter the Plant (except for changing tires and repairing punctures) without the prior written permission of the Owner. The changing of tires and repairing of punctures are the responsibility of the Hirer, who should make arrangements for such services. The Hirer is responsible for all costs related to changing or replacing any tire (which must be of an equivalent specification approved by the Owner) and repairing any puncture.
(d) The Hirer will bear all expenses arising from any breakdown, unsatisfactory working, or damage to any part of the Plant caused by the Hirer's negligence, misdirection, or misuse of the Plant, whether by the Hirer or their servants. The Hirer will also be responsible for payment of hire at the idle time rate defined in clause 25 during any period when the Plant is idle due to such breakdown, unsatisfactory working, or damage. The cost of spares and/or repairs due to theft, loss, or vandalism of the Plant will also be the responsibility of the Hirer. However, the Owner will cover the cost of repairs, including spares, for breakdowns due to all other causes.
10. OTHER STOPPAGES
Except for claims allowed under "Breakdown" (clause 9) or for "Idle Time" (clause 25), no other claims will be accepted for stoppages resulting from causes beyond the Owner's control, including but not limited to bad weather and/or ground conditions. The Owner shall not be liable for the cost or expense of recovering any Plant from soft or unsuitable ground or a hazardous environment. The responsibility for the cost and expense of recovering any Plant from such conditions lies with the Hirer.
11. LOSS OF OTHER PLANT DUE TO BREAKDOWN
Each item of Plant specified in the Contract is considered a separate unit, and the breakdown or stoppage of one or more units or vehicles, whether owned by the Owner or not, due to any cause, will not entitle the Hirer to compensation or allowance for the loss of working time of any other unit or units of Plant working together, except in cases where two or more items of Plant are expressly hired together as a unit, in which case they will be treated as one unit for breakdown purposes.
12. LIMITATION OF LIABILITY
Except for the liability expressly provided for in the Contract (including these clauses):
(a) The Owner shall not be held liable or responsible for any loss or damage of any nature arising due to causes beyond their reasonable control.
(b) The Owner shall not be liable or responsible, whether by way of indemnity, breach of the Contract, breach of statutory duty, misrepresentation, or tort (including negligence), for the Hirer's loss of profit, loss of use of the Plant or any other asset or facility, loss of production or productivity, loss of contracts with third parties, liabilities to any third party, or any other financial or economic loss or indirect or consequential loss or damage of any nature.
(c) In cases where the Contract allows for any allowance against hire charges, such allowance shall be the Hirer's sole and exclusive remedy for the circumstances that led to the allowance, limited to the amount of hire charges that would have been due if the allowance had not been made.
(d) This limitation of liability does not apply to claims of death or personal injury caused by the Owner's negligence, fraud, or any other liability that cannot be limited or excluded by law.
13. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
(a) This clause does not affect the operation of clauses 4, 5, 8, and 9.
(b) During the Hire Period, including when the Plant is left on site during a Holiday Period, the Hirer is responsible for making good any loss or damage to the Plant, except for fair wear and tear and as provided in clause 9. The Hirer shall fully indemnify the Owner and any personnel supplied by the Owner against all claims by any person for injury to person or property related to the storage, transit, transport, unloading, loading, or use of the Plant during the Hire Period, whether arising under statute or common law. In case of loss or damage to the Plant, idle time rates, as defined in clause 25, shall continue until the settlement is agreed upon. The settlement must be paid within 21 calendar days of the agreement date; otherwise, idle time charges can be reinstated from that date. The agreed settlement figure remains payable in full if idle time charges are reinstated.
(c) The Hirer will not be responsible for damage, loss, or injury in the following situations:
(i) Before the Plant's delivery to the site or leaving a highway maintainable at the public expense during transit by the Owner's transport or as otherwise arranged by the Owner.
(ii) During the erection and/or dismantling of the Plant, provided that such work is under the exclusive control of the Owner or their agent.
(iii) After the Plant has been removed from the site and is in transit on a highway maintainable at the public expense (or after joining such highway when the site is not immediately adjacent to such a highway), either to the Owner by the Owner's transport or as otherwise arranged by the Owner.
(iv) When the Plant is traveling to or from a site on a highway maintainable at the public expense (or after joining or prior to leaving such a highway when the site is not immediately adjacent to such a highway) under its own power with a driver supplied by the Owner.
14. NOTICE OF ACCIDENTS
In the event of the Plant being involved in any accident resulting in injury to persons or damage to property, the Hirer must promptly notify the Owner by telephone and confirm it in writing to the Owner within 24 hours of the telephone notification. For claims not covered by the Hirer's full indemnification, the Hirer must not make any admission of liability, offer, promise of payment, or indemnity without the Owner's prior written permission.
15. RE-HIRING ETC.
The Plant or any part thereof shall not be re-hired, sublet, or lent to any third party without the prior written permission of the Owner.
16. CHANGE OF SITE
The Plant shall not be moved from the site of delivery without the prior written permission of the Owner.
17. RETURN OF PLANT FOR REPAIRS
If urgent repairs to the Plant are deemed necessary by the Owner during the Hire Period, the Owner may arrange for such repairs on-site or at a location of their nomination. In case of urgent repairs, the Owner may replace the Plant with a similar one, if available, with the Owner covering all transport charges. If the Owner cannot replace the Plant, they may terminate the Contract immediately by giving written notice to the Hirer. In such termination:
(a) If the termination occurs within three months from the commencement of the Hire Period, the Owner shall cover all transport charges involved.
(b) If the termination occurs more than three months from the commencement of the Hire Period, the Owner shall only be liable for the cost of reloading and return transport.
18. BASIS OF CHARGING
The Hirer must provide an accurate statement of the number of hours the Plant has worked each day for each Working Week. If the Owner supplies personnel, operators, or drivers, the Hirer must sign their time record sheets, and the signature will confirm the hours worked as per the time record sheets.
(b) The Owner will make full allowance for breakdown periods resulting from mechanical or electrical faults or the absence of a driver or operator supplied by the Owner, except when the breakdown is due to acts or omissions of third parties and/or the Hirer's misuse, misdirection, or negligence, subject to clause 8.
(c) Breakdown time will be allowed for not more than the Working Day less the actual hours worked.
(d) Plant can be hired:
(i) For a stated minimum number of hours per Working Day or per Working Week, or
(ii) Without any qualification as to minimum hours. Odd days at the beginning and end of the Hire Period will be charged proportionately.
(e) Stoppages due to changing tires and repairing punctures will be chargeable as working time up to a maximum of 2 hours per stoppage, and any excess will be charged at the appropriate idle time rates.
(f) If the Plant is required to be dismantled for transportation, and the Owner agrees to modify the hire charge for the period required for assembling on-site and dismantling upon completion of the Hire Period, the modification and the applicable Hire Period shall be stated in the Offer/Contract.
19. PLANT HIRED ON A DAILY BASIS WITHOUT QUALIFICATION AS TO HOURS
The full daily rate will be charged regardless of the hours worked, except in the event of a breakdown for which the Owner is responsible. In such cases, the charge will be pro rata based on the average Working Day hours. No hire charge will apply for Saturday and/or Sunday unless the Plant is actively used.
20. PLANT HIRED BY THE WEEK OR MONTH WITHOUT QUALIFICATION AS TO HOURS
The weekly or monthly rate will be charged irrespective of the actual number of hours worked, except when a breakdown occurs for which the Owner is responsible. In such cases, a pro rata allowance of the agreed weekly or monthly rate will be made for each full Working Day affected, rounded to the nearest half Working Day.
21. PLANT HIRED BY THE WEEK OR THE HOUR FOR A MINIMUM OF 39 HOURS PER WEEK
The full hire charge for the minimum period specified in the Contract will be applied, with an additional pro rata charge for hours worked beyond the minimum period. Allowances will be granted for breakdowns up to 8 hours (except on Fridays, where it will be up to 7 hours). If the actual hours worked exceed the minimum period (less breakdown time), those excess hours will be chargeable. Idle time shall be considered as actual working time for this purpose. The minimum Working Week of 39 hours will be reduced by 8 hours Monday to Thursday and 7 hours Friday for each Holiday Period occurring during that Working Week, provided the Plant is not in use during the Holiday Period.
22. “ALL-IN” RATES
When "All-In" rates are agreed upon, the minimum period will be as defined in the Contract, subject to the hire rates and terms contained therein, and in accordance with clause 26.
23. COMMENCEMENT AND TERMINATION OF CONTRACT (TRANSPORT OF PLANT)
(a) The Hire Period will begin when the Plant leaves the Owner's depot or the last place of use and will continue until the Plant is returned to the Owner's designated depot or any agreed location. An allowance of not more than one day's hire charge each way will be made for travel time. If the Plant is utilized on the day of transportation, full hire rates shall apply for the period of use on that day. If more than one day is unavoidably occupied in transporting the Plant, a hire charge at idle time rates will be applicable for the additional time, provided the Plant is hired for less than one Working Week, in which case the full hire rate will apply from the date of dispatch until the return to the Owner's named depot or other agreed location.
(b) If the Plant is not made available for collection as agreed between the parties, it will be deemed to be back on hire immediately. The Hirer will be responsible for the safekeeping of the Plant as per clause 13 and for all reasonable costs and expenses incurred by the Owner in attempting to collect the Plant.
(c) Upon the completion of the Hire Period, the Hirer shall clean and, if necessary, decontaminate the Plant. All fuel and contaminants will be removed from bunds, storage tanks, and bowsers. The Hirer will be liable for any costs, liabilities, and expenses incurred by the Owner if the Hirer fails to comply with this clause.
24. HIRER’S LIABILITY DURING THE NOTICE OF TERMINATION OF CONTRACT
If the Hire Period is either undefined or becomes undefined after being defined, either party may terminate the Contract by providing a written notice of seven days to the other party, except in cases where the Plant has been lost or damaged. Even if the Owner has agreed to accept less than seven days' notice for termination, the obligations of the Hirer under clause 13 will continue until the Plant is returned to the Owner as per clause 31 or until the Owner collects the Plant within seven days following the acceptance of the shortened notice. Any oral notice given by the Hirer to the Owner's driver or operator will not be considered compliant with the provisions of this clause.
b) In addition to clause 24(a), if the Hirer fails to make the Plant available for collection by the Owner within the 7-day notice period, the Hirer's obligations under clause 13 will extend for another 3 days or until the Plant is made available for collection and the Owner collects it. It is clarified that if the Hirer issues a notice under clause 24(a) but later withdraws it with the Owner's consent, the obligations of clause 13 will still apply, and the requirements of clause 24 will be relevant to any subsequent termination of the Contract.
c) If the Hirer terminates the Contract before the Hire Period begins, the Hirer will be responsible for all reasonable costs and charges incurred by the Owner or to which the Owner is committed at the time of termination.
25. IDLE TIME
When the Plant cannot work for a full Working Week, the hire charges shall be two-thirds of the hire rate or any other agreed idle time rate during the period when the Plant is not in use, as set out in writing by the Owner. If the Plant works for any duration during a Working Day, the entire Working Day will be charged as working time. Idle time less than one Working Day shall not be considered, except as specified in clause 18(e). When an "All-In" rate is applied, idle time is calculated based solely on the machine element, while the operator will be charged at the full rate.
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 stated in the Contract. However, any subsequent increases before or during the Hire Period resulting from wage agreements or increases in the Owner's statutory contributions will be charged by the Owner at cost, and the Hirer will be required to acknowledge and pay these additional charges.
27. TRAVELLING TIME AND FARES
The Hirer will bear the costs of travelling time, fares, and similar expenses for drivers, operators, and any individuals supplied by the Owner, incurred at the beginning and end of the Hire Period, and where appropriate, the return fare of the driver, operator, or supplied individual to their home. The Owner will not charge for such expenses incurred by other employees of the Owner, unless such expenses are necessitated by the Hirer's negligence, misdirection, or misuse of the Plant.
28. FUEL, OIL AND GREASE
When the Owner supplies fuel, oil, or grease, it will be charged at net cost or an agreed estimate of the net cost. If supplied by the Hirer, the fuel, oil, or grease must be of the grade or type specified by the Owner. The Hirer will be solely responsible for any damages, losses, costs, and expenses incurred by the Owner if the wrong fuel, oil, or grease is used.
29. SHARPENING OF DRILLS/STEELS ETC.
The Hirer will bear the cost of re-sharpening or replacement of drill bits, blades, and other ancillary items.
30. OWNER’S NAME PLATES
The Hirer must not remove, deface, or cover up the Owner's name plate or mark on the Plant indicating its ownership without obtaining prior written permission from the Owner.
31. TRANSPORT
The Hirer shall bear the cost of transporting the Plant from the Owner's depot or another agreed location to the site and returning it to the Owner's designated depot or another agreed location upon completion of the Hire Period, and if required by the Owner, the Hirer shall make the necessary transport arrangements.
32. GOVERNMENT REGULATIONS
The Hirer is responsible for complying with relevant regulations issued by the Government or Local Authorities, including regulations under the Environmental Acts, Factories Acts, Health and Safety at Work, etc. Act, and Road Traffic Acts if applicable. This includes the cost of road fund licenses and any insurances required. However, during the Plant's travel from the Owner to the site and back under its own power with a driver supplied by the Owner, the Owner shall be responsible for compliance.
b) The Hirer shall indemnify the Owner against any charges or fines resulting from the operation of the Plant during the Hire Period.