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.
(a) The “Contract” is the Contract between the Owner and the Hirer for the hire of
Plant, which incorporates the Offer and is governed by these conditions.
(b) 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. For the
avoidance of doubt the Hire Period includes the time Plant is left on site during a
(c) The “Hirer” is the Company, firm, person, Corporation or public authority
taking the Owner’s Plant on hire and includes their successors or personal
(d) “Holiday Period” covers any cessation of work over Easter, Christmas and the
New Year; as well as any other Bank or Public holidays.
(e) “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include
details of the Plant to be hired, the Hire Period, relevant hire rates and charges
and any supplementary conditions to be incorporated into the Contract.
(f) The “Owner” is the Company, firm or person letting the Plant on hire and
includes their successors, assignees or personal representatives.
(g) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles,
equipment, accessories, and any ancillary items, vehicles or equipment
therefor, which the Owner agrees to hire to the Hirer, or anything which is
supplied by the Owner to effect the hire, and anything supplied by the Owner for
the safe operation and routine inspection and maintenance of the Plant.
(h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and
8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day, unless
otherwise specified in the Contract.
(i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on
Friday, unless otherwise specified in the Contract.
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. This excludes all other terms or conditions
which the Hirer may seek to apply under any order or acknowledgement or
acceptance or similar document and supersedes all prior negotiations, representations
or agreements, whether written or oral unless and to the extent that they are expressly
accepted in writing and signed by the Owner. The Owner and the Hirer do not intend
that any of the terms of the Contract will be enforceable by virtue of the Contracts
(Rights of Third Parties) Act 1999 by any person not a party to the Contract, 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
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; and
any personnel supplied 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 (but without prejudice
to any of the provisions of clause 13) who shall be solely responsible for all claims
arising in connection with unloading and / or loading of the Plant by, or with the
assistance of, such personnel.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE:
(a) Unless notification in writing to the contrary is received by the Owner from the
Hirer in the case of Plant supplied with an operator within four working days, and
in the 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 the Plant requires to be erected on site, the
periods stated above shall be calculated from the date of completed erection
of Plant. The Hirer shall be responsible for the safe keeping of the Plant, its
use in a workmanlike manner within the manufacturer’s rated capacity and in
accordance with the manufacturer’s and / or the Owner’s recommendations, and
its return on the completion of the Hire Period in equal good order (fair wear and
(b) The Hirer shall at all times when hiring Plant without the Owner’s operator or
driver take all reasonable steps to keep himself acquainted with the state and
condition of the Plant. If such Plant is continued at work or in use in an unsafe
and unsatisfactory state or environment, the Hirer shall be solely responsible
for any damage, loss, cost, expense or accidents whether directly or indirectly
(c) 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.
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. So far as
reasonably practicable the Hirer shall allow such access during the Working Day.
7. GROUND AND SITE CONDITIONS
(a) The Hirer is deemed to have knowledge of the site or the property or land
where the Plant is to be delivered and the Hirer warrants that the condition of the
site or place of delivery of the Plant is suitable for the use of such Plant.
(b) If, in the opinion of the Hirer, the ground (including any private access road or
track) is soft or unsuitable for the Plant to work on, travel over, be transported
over, be erected or dismantled on without timbers or equivalent support, the
Hirer shall supply and lay suitable timbers or equivalent support in a suitable
position for the Plant to travel over, work on, be transported over, be erected or
dismantled on, including for the purpose of delivery and collection.
(c) Any timber or other material supplied by the Owner is provided solely to assist
the Hirer under their duties within clause 7(b) and expressly not to relieve him
of his legal, regulatory or contractual obligations to ensure adequate stability
of the Plant.
(d) The Hirer is responsible for the protection of, and liable for any damage to, any
underground, surface or above ground services and utilities including, but not
limited to cables, ducts, water pipes and gas lines, and any pavements, bridges,
tunnels and roadways on or adjacent to the site and the Hirer shall liaise as
necessary and comply with all requirements of the relevant statutory authority
or similar body.
8. HANDLING OF PLANT
a) When a driver or operator or any person is supplied by the Owner with the
Plant, the Owner shall supply a person competent in operating the Plant or for
such purpose for which the person is supplied and such person shall be under
the direction and control of the Hirer. Such drivers or operators or persons 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 (but without prejudice to any
of the provisions of clause 13) and the Hirer shall be solely responsible for all
claims arising in connection with the operation of the Plant by the said drivers
/ operators / persons.
(b) The Hirer shall not allow any other person to operate such Plant without the
Owner’s prior written consent.
(c) Such drivers or operators or persons shall not operate any other plant or
machinery or undertake work other than that for which they are supplied by the
Owner unless previously agreed in writing between the Owner and the Hirer.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) Any breakdown or the unsatisfactory working of or damage to any part of the
Plant must be notified immediately 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.
(b) Full allowance for the hire charges set out in the Offer will be made to the Hirer
for any stoppage due to breakdown of the Plant caused by the development of
either an inherent fault or a fault not ascertainable by reasonable examination or
fair wear and tear and for all stoppages for normal running repairs in accordance
with the terms of the Contract.
(c) The Hirer shall not (except for the changing of any tyre and repair of punctures),
repair, modify or alter the Plant without the prior written permission of the
Owner. The changing of any tyre and repair of punctures are however the
responsibility of the Hirer who should arrange for them to be changed / repaired.
The Hirer is responsible for all costs incurred in the changing or replacement
of any tyre (which must be of an equivalent specification) as approved by the
Owner and for the repair of any puncture.
(d) The Hirer shall be responsible for all expense involved arising from any
breakdown, unsatisfactory working of or damage to any part of the Plant due to
the Hirer’s negligence, misdirection or misuse of the Plant, whether by the Hirer
or his servants, and for the payment of hire at the idle time rate as defined in
clause 25, during the period the Plant is necessarily idle due to such breakdown,
unsatisfactory working or damage. The Hirer is 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 repairs, inclusive of the cost of spares, to the
Plant involved in breakdown from all other causes.
10. OTHER STOPPAGES
No claims will be admitted (other than those allowed for under “Breakdown”
(clause 9) or for “Idle Time” (clause 25), as herein provided), for stoppages through
causes outside the Owner’s control, including but not limited to bad weather and /
or ground conditions nor shall the Owner be responsible for the cost or expense of
recovering any Plant from soft or unsuitable ground, or a hazardous environment.
For the avoidance of doubt, the Hirer shall be responsible for the cost and expense
of recovering any Plant from soft or unsuitable ground or a hazardous environment.
11. LOSS OF OTHER PLANT DUE TO BREAKDOWN
Each item of Plant specified in the Contract is hired as a separate unit and the
breakdown or stoppage of one or more units or vehicles (whether the property of
the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to
compensation or allowance for the loss of working time by any other unit or units of
Plant working in conjunction therewith, provided that where two or more items of
Plant are expressly hired together as a unit, such items shall be deemed to be one unit
for the purpose of breakdown.
12. LIMITATION OF LIABILITY
Except for liability on the part of the Owner which is expressly provided for 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 of the Contract, breach of statutory duty or
misrepresentation or by reason of the commission of any tort (including but
not limited to negligence) in connection with the hire, for any of 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 any third party, liabilities of
whatever nature to any third party, and / or any other financial or economic
loss or indirect or consequential loss or damage of whatever nature; and
(c) whenever the Contract (including these clauses) provides that any allowance is
to be made against hire charges, such allowance shall be the Hirer’s sole and
exclusive remedy in respect of the circumstances giving rise to the allowance,
and such remedy shall be limited to the amount of hire charges which would
otherwise be or become due if the allowance in question had not been made.
(d) For the avoidance of doubt, nothing in these conditions limits or seeks
to exclude the Owner’s liability for claims of death or personal injury
caused by the Owner’s negligence, fraud or for any other liability for
which it is not permitted to seek to limit or exclude by operation of law.
13. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
(a) For the avoidance of doubt it is hereby declared and agreed that nothing in this
clause affects the operation of clauses 4, 5, 8 and 9 of these conditions.
(b) For the duration of the Hire Period (which for the avoidance of doubt includes
the time Plant is left on site during a Holiday Period) the Hirer shall, subject
to the provisions referred to in sub paragraph (a) make good to the Owner all
loss of or damage to the Plant from whatever cause the same may arise, fair wear
and tear excepted, and except as provided in clause 9 herein, and shall also fully
and completely indemnify the Owner and any personnel supplied by the Owner
in respect of all claims by any person whatsoever for injury to person
or property caused by or in connection with or arising out of the storage,
transit, transport, unloading, loading or use of the Plant during the continuance
of the Hire Period, and in connection therewith, whether arising under statute
or common law. In the event of loss of or damage to the Plant, hire charges
shall be continued at idle time rates as defined in clause 25 until the settlement has
been agreed. Payment of the settlement must be made within 21 calendar days of the
date of the agreement or idle time charges can be reinstated from the date
of that agreement. Should idle time charges be re-instated, the agreed settlement
figure remains payable in full.
(c) Notwithstanding the above the Hirer shall not be responsible for damage, loss
(i) prior to delivery of any Plant to the site (or, where the site is not immediately
adjacent to a highway maintainable at the public expense, prior to its leaving
such highway) where the Plant is in transit by transport of the Owner or as
otherwise arranged by the Owner,
(ii) during the erection and / or dismantling of any Plant where such Plant
requires to be completely erected / dismantled on site, provided always that
such erection / dismantling is under the exclusive control of the Owner or
(iii) 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 has joined
such highway) to the Owner by transport of the Owner or as otherwise
arranged by the Owner,
(iv) where the 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 its leaving or after its joining such
highway) under its own power with a driver supplied by the Owner.
14. 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 to the Owner no later than 24 hours after such
telephone notification. In relation to any claim in respect of which the Hirer is not
bound to fully indemnify the Owner, no admission of liability, offer, promise of
payment or indemnity shall be made by the Hirer without the Owner’s prior written
15. RE-HIRING ETC.
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.
16. CHANGE OF SITE
The Plant shall not be moved from the site to which it was delivered or consigned
without the prior written permission of the Owner.
17. RETURN OF PLANT FOR REPAIRS
If during the Hire Period the Owner decides that urgent repairs to the Plant are
necessary then he may arrange for such repairs to be carried out on site or at any
location of his nomination. In the event that urgent repairs to the Plant are necessary
the Owner shall be obliged to replace the Plant with similar Plant if available, the
Owner (but without prejudice to any of the provisions of 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 terminate the Contract forthwith (but without
prejudice to any of the provisions of clauses 9 and / or 13) by giving written notice to
the Hirer. If such termination occurs:
(a) within three months from the commencement of the Hire Period, the Owner
(but without prejudice to any of the provisions of clauses 9 and / or 13) shall pay
all transport charges involved, or,
(b) more than three months from the commencement of the Hire Period, the
Owner (but without prejudice to any of the provisions of clauses 9 and / or 13)
shall be liable only for the cost of reloading and return transport.