HEADLAND PLANT LIMITED GENERAL CONDITIONS OF HIRE
a) The “Owner” is HEADLAND PLANT LTD and includes its successors or assigns but the term “owner” shall not be deemed to imply any condition of title.
b) The “Hirer” is the company, firm, person or corporation or public authority taking the Owner’s plant on hire and includes their successor or personal representatives.
c) “Plant” covers all classes or plant, machinery and accessories therefore, which the owner agrees to hire to the hirer.
The hire period shall commence from the time when the plant arrives at the hirer’s site or leaves the road network maintained at public expense en-route to the hirer’s designated delivery site and shall continue until the plant re-joins the public road network on its return transportation back to the owner’s depot or equal, unless or until terminated in accordance with the provisions of this contract. If collected by he hirer the hire period will commence upon the equipment leaving the owners depot or place where last employed and shall continue until the plant is received back at the owners depot or equal.
3. AVAILABILITY OF PLANT
The plant is offered subject to being available when required.
4. EXTENT OF CONTRACT
The hirer’s acceptance of the plant shall be conclusive that he has examined it and found it to be in good order and condition, and no condition or warranty other than herein specifically set forth shall be implied or deemed to be incorporated in or form part of the contract.
5. HIRE CHARGES
The hire rent is at the rate shown in the owner’s current price list or such other rate quoted in writing and the Hirer undertakes to pay all sums due hereunder promptly until the termination of the contract and the safe return of the plant in the same condition as at the commencement of the hire, fair wear and tear excepted.
6. REPAIRS AND MAINTENANCE
If from any cause whatever the owner is unable to repair or replace the plant this contract shall be terminated as from the date of the breakdown. No rental shall be payable by the hirer for any period during which the plant is not in working order, provided that the breakdown is caused by some inherent fault or fair wear and tear or for any period during which the plant is undergoing repairs but no allowance will be made for breakdowns resulting from causes outside the Owner’s control or for any consequential loss. The Hirer shall not repair or attempt to repair the plant (unless authorised in writing by the owner) but shall forthwith notify the Owner of the breakdown.
7. HIRER’S LIABILITIES
The hirer is responsible for the safe keeping of the plant and for its use in a proper and workmanlike manner, and is strictly liable for any loss of or damage to the plant from whatsoever cause arising fair wear and tear excepted. On the termination of the hire the Hirer shall return the plant to the Owner in the same condition as at the commencement of the hire, fair wear and tear excepted, and is strictly liable for any loss or damage to the plant howsoever caused until it is so re-delivered. The Hirer will not allow the plant to be used for any purpose beyond its capacity or in a manner likely to result in its undue deterioration. The Hirer shall fully and completely indemnify the owner in respect of all claims by any person whatsoever for injury to persons or damage to 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 statute or common law.
8. HANDLING OF PLANT
When a driver or operator is supplied by the Owner to work the plant he shall be under the direction and control of the hirer. Such driver or operator 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 who alone shall 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 persons to operate such plant without the Owner’s previous consent to be confirmed in writing.
9. OWNER’S RIGHTS
During the continuance of the hire period if the Hirer shall make or propose any composition with his creditors or commit any act of bankruptcy or if the Hirer is a limited company shall go into liquidation (other than a members’ voluntary liquidation) or shall suffer any distress or execution to be levied against him or shall do or cause to be done any other act or thing whereby the rights of the Owner in the plant may be prejudiced, this agreement shall be terminated forthwith and the Owner may retake possession of the plant without notice for which purpose it shall be lawful for him to enter into or upon any premises where the plant may be without prejudice to any other rights that the Owner may possess.
10. CONSEQUENTIAL LOSS
The Owner accepts no liability or responsibility for any consequential loss or damage due to arising from a break-down or stoppage of the plant through any cause whatsoever or through non-arrival.
11. CHANGE OF SITE
The Hirer shall not move the plant from the site to which it was delivered or consigned without the prior consent of the Owner.
12. SERVICING AND INSPECTION
The Hirer shall at all reasonable time allow the Owner, his agents or his insurers to have access to the plant to inspect, test, adjust, repair or replace the same.
If the Hirer shall fail to pay the rent or any part thereof as and when it falls due or shall fail to observe and perform any Conditions of this Contract, or if the Contract shall be terminated prematurely at the request of the Hirer the Owner may forthwith treat the agreement as repudiated and the Owner may, without notice, re-take possession of the plant for which purpose it shall be lawful for him to enter into or upon any premises where the plant may be. The exercise of this right of forfeiture is without prejudice to any other rights that the Owner may possess at common law or otherwise.
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 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 Owner’s consent in writing.
15. CONSTRUCTION PLANT HIRE ASSOCIATION (CPA)
The Construction Plant Hire Association Model Conditions for the hiring out of plant (with effect from July 2001) shall be deemed to be incorporated in this Contract insofar as the same are not inconsistent with or varied by the terms hereof.
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 of the Owner or the Hirer such dispute, difference or question shall be referred pursuant to the same dispute resolution processes available under The Scheme for Construction Contracts (England and Wales) Regulations 1998 and subsequent statutory instruments and these shall apply to this contract save that the adjudicator shall be chosen from the Owner’s approved list of expert independent adjudicators. The adjudicator’s decision shall be binding on all parties without fear or favour.