SUPPLEMENTARY CONDITIONS APPLICABLE TO TOOL
TO BE READ IN CONJUNCTION WITH THE CPA MODEL
EXPLANATORY NOTE: The purpose of these Supplementary Conditions is, partly, to raise awareness of the Hirer’s responsibilities for the Safe Use of Tools and Equipment and partly to define contractually the extent of the Owner’s and Hirer’s responsibilities as between themselves.
RESPONSIBILITIES OF THE HIRER
1.2 If advice or information is sought from and given by any representative of the Owner, the Hirer understands and accepts that such advice or information is given in good faith and does not relieve or reduce the Hirer’s requirement to make his own independent assessment as outlined above.
2.2 At the discretion of the Owner it may be possible to give the Hirer an interest in the Owner’s own insurance policy for a fee. This interest must be agreed in writing prior to the commencement of any work covered by the Contract.
3. Holiday Periods
4. Stolen or Damaged Tools and Equipment
4.2 If any item of the Tools and Equipment is two years old or less, then the Hirer will be charged by the Owner for a brand new item to replace the item that has been damaged beyond economic repair or which has been stolen.
4.3 If any item of the Tools and Equipment is over two years old, then the Hirer will be charged by the Owner if the item has been stolen or damaged beyond economic repair, at the current replacement value.
5. Acceptance of Plant
6. Fuel, Oil and Grease
7. Electrical Plant
8. Commencement and Termination of Hire
8.2 If the Hirer gives notice of termination of the hire to the Owner, the full hire charges shall be paid to the Owner up to the date that the Tools and Equipment were returned by the Hirer to the Owner’s depot or when the Owner has collected the Tools and Equipment.
8.3 The Hirer shall be entitled to “off-hire” the Tools and Equipment in accordance with the following sub-clauses:
8.3.2 Each item of Tools and Equipment to be off-hired must be identified clearly to enable the Owner to provide a unique off-hire number to the Hirer.
8.3.3 The Owner shall not charge the Hirer any hire charges for any period for which an off-hire number has been obtained, but the Hirer shall still be responsible for such hire charges for those items if he is unable to provide the off-hire number to the Owner for that item of Tools and Equipment.
8.4 In the event that any item of Tools and Equipment which is off-hired, is not made available for collection when the Owner attends the site to collect it, such Tools and Equipment shall be deemed with immediate effect to be placed back on hire, and all hire charges shall be due in accordance with these conditions. The Hirer shall be responsible for the reasonable costs and expenses incurred by the Owner in seeking to collect such off-hired items.
9.2 A Hirer who has an approved credit account shall pay the Owner’s hire charges no later than 30 days after the date of each invoice. If a sum remains unpaid after the due date, the payment of all hire charges, no matter how recent, shall become due immediately.
9.3 In the event that the Owner refers any matter relating to the recovery of any amounts owing pursuant to the contract of hire to its legal department, the Owner shall be entitled to levy an administration fee of £50.00 in respect of each such referral. This fee is in addition to any sums recoverable by the Owner pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.
9.4 The Hirer shall not be entitled to withhold payment of any amount payable to the Owner except those monies which are in dispute with the Hirer. In the case of any short delivery or delivery of damaged Tools and Equipment to the Hirer, the Hirer shall still be liable to pay for the balance of the Tools and Equipment that were correctly delivered in working order.
10. Returned Equipment
11. Maximum Period of Hire for Unincorporated Bodies
RESPONSIBILITIES OF THE OWNER
12. Operating Instructions
13.2 In the event that there shall be any conflict between these conditions and the CPA Model Conditions then the former shall prevail.
MODEL CONDITIONS FOR THE HIRING OF PLANT (WITH EFFECT FROM JULY 2001)
(b) The “Hirer” is the Company, firm, person, Corporation or public authority taking the owner’s plant on hire and includes their successors or personal representatives.
(c) “Plant” covers all classes of plant, machinery, vehicles, equipment and accessories therefor, which the Owner agrees to hire to the Hirer.
(d) A “day” shall be 8 hours or if the day is a Friday it shall be 7 hours, unless otherwise specified in the Contract.
(e) A “working week” covers the period from starting time on Monday to finishing time on Friday.
(f) 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.
(g) A “Consumer Contract” is a contract entered into with a person acting in his own capacity and not for or on behalf of any business or trade entity.
2. EXTENT OF CONTRACT
3. ACCEPTANCE OF PLANT
4. UNLOADING AND LOADING
5. DELIVERY IN GOOD ORDER AND MAINTENANCE: INSPECTION REPORTS
(b) The Hirer shall when hiring plant without Owner’s operator or driver take all reasonable steps to keep himself acquainted with the stateand 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 therefrom.
(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
7. TIMBER MATS OR EQUIVALENT
(b) Where the hire is for lifting equipment, any sound timber or other material supplied by the Owner for use with outriggers/stabilisers is provided solely to assist the Hirer and expressly not to relieve him of his legal, regulatory or contractual obligations to ensure adequate stability of the lifting equipment under the imposed loading.
8. HANDLING OF PLANT
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(b) Full allowance for the hire charges and for the reasonable cost of repairs that have been authorised by the Owner will be made to the Hirer for any stoppage due to breakdown of 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 the plant without the written authority 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 without awaiting authorisation from the Owner. The Hirer is responsible for all 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 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, loss 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.
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