DENNISON PLANT SOLUTIONS LTD
TERMS AND GENERAL CONDITIONS FOR THE HIRING OF PLANT AND MACHINERY
- Definitions and general
- The “Owner” means Dennison Plant Solutions Limited and includes its successors and assigns.
- The “Hirer” means the company, firm, person or public authority shown on the hire note taking the Owners plant on hire and includes their successors or personal representatives.
- “Plant” means all classes of plant and machinery, vehicles, equipment and accessories which the owner agrees to hire to the Hirer.
- The term “Owners Representative” shall mean any person sent by the owner whose job is either to drive or operate the plant or to provide any other services in connection with the Plant.
- Hire rates are the owner’s current standard rates unless otherwise agreed. Rates are given on a weekly basis being a 5 day week. No charge will be made for Saturday and Sunday unless the plant is actually worked. Hires less than one week are charged on a sliding percentage scale. With one day being 50% charge of a full week, 2 days being 70% charge of a full week, 3 days being 80% and 4 days being 90%.
- Weekly rates are for 40 hour 5 day week. Additional charges will be made for shift work and weekend work.
- These Terms and Conditions shall apply to the hire of all the plant by the owner to the hirer and shall not be over ridden by any terms and conditions of the hirer.
- Acceptance of the Plant on site by the hirer or its delivery on site in accordance with the hirer’s instructions signifies acceptance of these terms and conditions unless otherwise agreed in writing.
- These terms and conditions shall be governed by and construed according to the laws of England
- Basis of Charging
The plant is hired to the hirer subject to these Terms and Conditions. The hirer agrees to pay charges from the date/time that is shown on the hire sheet and continue until the plant is returned or collected by the owner. Telephone off hires will be not be accepted unless accompanied by an email to the office of the hirer.
- Other Charges
Hire charges relate solely to the hire of the plant. They do not include fuel and oil supplied with the plant or transport of the plant. When carriage charges are quoted by the owner such charges will include a maximum of 30 minutes attendance by the owner’s vehicles at the address specified by the hirer. Further time will be chargeable and paid for by the hirer.
- Labour costs
The hirer should pay the agreed hourly rate with a day being a minimum of 8 hours, Monday to Friday. Additional hours and weekend work will be charge at an overtime rate to be agreed. The hirer shall sign a time sheet of the owners daily or weekly time. The signature of the hirer’s representative shall bind them to accept the hours shown on the time record sheet. All travelling time is to be agreed before the commencement of the job.
- Payment Terms
All invoices are payable on demand except for credit customers where payments terms are agreed at 30 days net from the month end of the invoice.
- Loading and Unloading of Plant
The hirer shall be responsible for the unobstructed access and egress and unless otherwise agreed in writing for the loading and unloading of the plant at the site. If the owner’s representative helps load or unload the plant they are deemed to be an employee of the hirer and the provisions of paragraph 7 apply.
- Responsibility for workers
When an owners representative is supplied by the owner with or without plant the owner shall supply a competent person but such a person shall be under the direction and control of the hirer. The owner’s representative shall be regarded as the servant of the hirer who shall be responsible for all claims arising in connection with the delivery, preparation and operation of the plant. The owner shall have no liability for any loss or damage caused by any act or omission whatsoever of an owners representative or the consequence thereof. The hirer shall fully and completely indemnify the owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connection with any act or omission of the owners employee whilst the hirer is responsible for him and whether or not arising under statute or common law from the negligence or breach of duty or other wrongful act or omission of the owner or any of the owners employees.
If the owner or any of the owner’s representatives give any advice it is provided strictly on the basis that it is for guidance only and without any responsibility being accepted. The onus is on the hirer to verify the accuracy and/or appropriateness of advice and to accept or reject accordingly. If any such advice is accepted it is given on the basis that no legal liability shall attach to the owner or the owners representatives.
- Delivery in good order
The person signing the hire sheet has been fully afforded the opportunity to inspect the plant which is deemed to be in good working order and wholly free from damage at the time of signature. Any shortages/damages of plant must be notified within 24 hours to the owner via email to the owner’s office. If the hirer fails to do this hire charges will continue and the hirer will be responsible for the cost of replacing shortages. If the plant is not made available for collection as agreed between parties, such plant shall be deemed with immediate effect to be placed back on hire.
- Lost, non-returned, damaged or unclean plant
The hirer must immediately notify both the owner and the police of any loss or theft of the plant. When the plant is not returned or is returned incomplete the liability of the hirer shall only cease when the hirer pays the owner the manufacturers current list price for the missing or incomplete item of plant. In the event that plant is manufactured to the owners design the cost of the missing or incomplete item is the current price charged by the owner to a customer who wishes to purchase that item of plant. The hirer agrees to pay the owner all costs incurred by the owner in rectifying the condition of the plant if it is returned damaged unclean or incomplete. Hire charges will continue until such rectification is complete.
- 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 practicable the hirer shall allow such access during the working day.
- Maintenance of Plant and Breakdown procedures
The hirer shall ensure that the plant remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of plant must be immediately notified to the owner, and confirmed in writing. Any claim for breakdown time will only be considered from the time and date at which written notification is received and acknowledged by the owner. Under no circumstances shall the hirer repair the plant except for punctures unless authorised by the owner. Such plant must be examined on site or returned to the owners premises for examination. Punctures are to be mended by and at the cost of the hirer.
The hirer shall be responsible for all expenses involved arising from any breakdown, unsatisfactory working of or damage to any part of the plant due to the hirers negligence, misdirection or misuse of the plant, whether by the hirer or his servants, and for the payment of hire at idle time rate as defined in clause 12B during the time the plant is necessarily idle due to such breakdown, unsatisfactory working or damage.
- Replacement bucket teeth and pecker steels
The cost of broken/lost bucket teeth, pecker steels and other ancillary items shall be borne by the hirer.
- Idle Time
The idle time rate will be charged at two thirds of the full hire rate or such other idle time rate as agreed by the owner for the period during which the plant is not in use.
- Safe use of the plant
The hirer confirms that it has the necessary knowledge and experience to operate and use the plant. The hirer will not misuse the plant. The hirer will not allow any person to use the plant who is not properly instructed in its use and will ensure that all applicable Health and Safety rules and regulations are observed. The hirer shall use the plant in a workmanlike manner within the manufacturers rated capacity and in accordance with the manufacturers/owners recommendations.
- Security of Plant
The hirer shall not sell or otherwise part with possession and/or control of the plant and shall remain responsible for the plant and its safekeeping during the hire period. Plant should not be removed from the site specified by the hirer unless authorisation is given by the hirer. This authorisation should be confirmed via email. The hirer shall keep the site at which the plant is located safe and secure.
- Access and ground conditions
The hirer is responsible for the provision of free and suitable access to and from the site, including removal and reinstating of local obstructions and for ensuring suitable ground conditions for the erection, operation and dismantling of the plant. No responsibility will be accepted by the owner for damage to any surface over which the plant has been moved to reach its intended position of use and the hirer should therefore take steps to protect surfaces before the delivery of the plant. The reinstatement of any fixing holes drilled in buildings is the responsibility of the hirer.
- Consequential losses/stoppages
The owner shall not be liable for any consequential expenses, liabilities, losses, claims or procedures whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability or repossession of the plant or any breakdown or defect in the plant. No claims to be admitted for stoppages through causes outside the owners control, including but not limited to bad weather and or ground conditions.
- Insurance Cover
The hirer shall be responsible for obtaining all prudent insurance cover including third party liability and cover against loss or damage to the plant. The hirer shall produce on request to the owner a copy of the policy.
Neither the plant nor any part thereof shall be re-hired, sublet, or lent to nay third party without the prior written permission of the owner.
Should any of these terms and conditions be held to be invalid such invalidation will not affect the validity of the remaining terms and conditions.