Conditions Of Hire

1(a) The Person or company hiring the equipment (in these conditions called the "customer") shall pay the Hire Rates set out in the latest edition of the Hire Price List issued From time to time by Site Equipment Limited (in these conditions called the "owners") normally bi-annually whether or not the customer has received a copy of such latest edition. The customer shall in addition pay the further costs and/or charges referred to in Clauses 3, 6 and 1 thereof.

(b) Invoices shall be submitted by the owners monthly in respect of any charges or costs due under these conditions. The sum due on any invoice including any VAT shown therein as payable, shall be paid either on or before the 28th day of the month following date of issue or within such longer period as may be agreed in writing by the owners (in these Conditions called the "due date"). In the event that the sum due on any invoice is not paid on or before the due date the customer shall pay interest upon the same sum from the date until the date of actual payment whether before or after any judgement of a court at the rate of 8%. An additional administration charge of £150.00 will be debited to each account not settled within a ninety day period.

2. Equipment is hired by the item, by the week, (7 Days) and is subject to a minimum charge of two weeks hire.   No allowance will be made for non use of any equipment during the period of hire unless agreed in advance and in writing by the owners. All equipment hired on a plant-hire purchase order basis by the customer, by phone or verbally is deemed to be suitable for the purpose for which it is being hired, this being said, the customer accepts full responsibility for the safety of the excavation, personnel and all the equipment. *Site Equipments terms and conditions of hire are primary.

3.  All costs incurred by the owners in respect of loading unloading and carriage of the equipment hired between the owners depot and the customers site are payable by the customer in addition to the hire rates.

4(a). At the termination of the hire of any equipment the customer shall deliver the same to the owners depot.

(b) In default of 4(a) the customer shall pay the cost of collecting and transporting such equipment to the owners depot in addition to the costs in clause 3.

4(c)You, the customer are required to give five working days notice in writing of any equipment that needs to be collected prior to your leaving site. During this period you (the customer) will be responsible for hire charges and safe custody of the equipment. Any missing or lost equipment within this time period will be charged to the customers account. 

5. Any equipment hired which is delivered to the owners depot by the customer will be checked by the owners at the depot and a Hire Return Note issued to the customer which if issued within seven days of delivery aforesaid shall be conclu­sive proof of the quality of quantity of equipment returned but not of its condition at the time of return if any equipment hired is collected by the owners their servants or agents, it will be checked on arrival at the owners depot and Hire Return Note forwarded to the customer if this is issued within seven days of the date of collection it shall be conclusive as to the quantity of the equipment and not as to its condition.

6(a). All equipment hired shall be returned to the owners depot or delivered to the owners representative in a clean and sound condition (fair wear and tear only accepted) and suitably oiled or otherwise protected.

(b) In default of 6(a) the customer shall pay the cost of such cleaning, repairing or replacement as the owners shall consider necessary.

7.       In the event of any equipment being lost prior to its return to the owners depot the customer shall pay the cost of replacement of the same and the hire charges in respect there of shall cease from the date upon which the owners received written notification of such loss.

8.       In The event that the owners agree to sell the customers any equipment hired, property in the goods shall not pass to the customer until the full purchase price has been paid by the customer to the owners.

9.       If in breach of this agreement, the customer returns to the owners as part or all of the equipment hired, any equipment which did not form any part of the equipment hired by the customer shall indemnify the owners against any loss arising or cost incurred by the reason of or in connection with any subsequent claim against the owners by any third party in respect of such equipment. 

10.       In the event of cleaning, repair or replacement of any equipment being considered necessary as aforesaid, the customer shall have the right to inspect any such equipment at the owners depot within the period of two working days follow­ing the date of notification (whether orally or in writing) of the necessity of clean­ing, repair or replacement.

11.       Before, at or immediately after the commencement of the period of hire the customer shall notify the owners of the site where the equipment hired is to be kept and used.  Throughout the period of the hire the customer shall not remove the
equipment hired from the site where it is for the time being kept without the prior written consent of the owners. Such consent shall not be unreasonably withheld, provided that the owners shall be entitled to withhold consent unless satisfied that the equipment hired and every part thereof will be secure and will be readily iden­tifiable at the site to which is desired to remove the same.

12.  Throughout the period of hire the customer shall be solely responsible for any loss of or damage to the equipment hired from whatever cause such loss or dam­age may arise (fair wear and tear only excepted) and shall indemnify the owners against and make good any such loss or damage including but not limited to the cost of replacement.

13.        The customer shall be solely responsible for and shall be liable to and/or indemnify the owners in respect of all claims by any persons whatsoever in respect of injury to persons and/or damage to property caused by or in connection with or arising out of the use of the equipment hired in respect of all costs and charges in connection therewith whether arising by virtue statute. Common law or otherwise
howsoever provided always that an indemnity shall not be required from the cus­tomer in respect of the death or injury to a person or persons where such death or injury is occasioned by the negligence of the owners or their employees. Whilst any equipment is suspended , during an agreed period between the hirer and Site Equipment Limited over a holiday period, the customer accepts full responsibility for the safe storage of the equipment, and any losses if the equipment is damaged, lost or stolen.

14.        The customer shall at all! time maintain adequate insurance against liability arising under causes 12 and 13 thereof, and shall upon the request of the owners produce such policies for inspection.

15.        If the customer shall fail to pay any invoice on or before the due date the owners shall have the right to serve a written notice which notice shall terminate the hiring of( equipment hired seven days after the date of such notice. For the avoidance of doubt it is hereby agreed the tender or payments of any sums of money to the owners after service of any written notice as aforesaid shall not prejudice or
affect the operation of any such notice forthwith terminating the hire of equipment.

16.   If the customer shall remove any of the equipment hired from the site where it is for the time being kept. Without the consent of the owners or shall be in breach of Clause 14 hereof the owners shall have the right at any time thereafter to serve a written notice forthwith terminating the hire of equipment.

17.        If the customer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or have a receiv­er appointed or all or part of his assets or being a company shall have a winding
up order made or a resolution for voluntary winding up passed or a provisional liq­uidator appointed or shall do or shall cause to be done or permi or suffer any act or thing whereby the owners rights in the equipment hired may prejudiced or put
in jeopardy the hiring shall forthwith be terminated without any notice or other action the part of the owners and not withstanding that the owners may have waved some previous default or matter of the same or alike nature.

18.   Upon termination persuent to clauses 15, 16 or 17 hereof of the hiring of the equipment hired the customer shall

(a)  forthwith all charges costs or interest incurred on or before such termination not withstanding clause 1(b) hereof

(b) pay forthwith in addition to (a) above where such termination is in persuance of clause 16 hereof one weeks hire charge in respect of the equipment hired such sum being an estimate of the damage likely to be suffered by the owners in con­sequence of the failure to comply with clause 11 hereof

(c) deliver to the owners forthwith the equipment hired and in default the owners shall have the right to retake possession of the equipment hired and for that pur­pose enter into or upon any premises where the same maybe.

19(a) The customer shall at all times comply with and give all notices required by an act of parliament instrument. Rule or Order made under any act of parliament regulations bylaw of any local authority or statutory undertaker relating in any manner whatsoever to the equipment hired and its use. Equipment is hired solely on the understanding that the customer has experience of the equipment hired and full knowledge of the correct mode of( use of the same for the purpose required by the customer.

(b) Whilst the owners are prepared to advise free of charge upon the mode of use of the equipment hired they accept no responsibility for and shall not be liable in respect of of such advice or any drawing design specification or statement given by or on behalf of them in respect of the equipment hired and give no warranty as to the practicability suitability efficiency safety or otherwise of any of the same.

20 In these conditions unless otherwise expressly stated "the equipment hired-means each item of equipment which is to be or has been delivered to the customer or his agent and has not been returned to the owners depot of for which hire charges have not ceased under clauses 6 or 12 "the period of hire means the peri­od commencing on the day the equipment leaves the owners depot and continu­ing until the day on which it is received back at the owners depot both days being included "the cost of replacement" means the current list price of any item of equip­ment at the date upon which the same is replaced or upon which the owners receive written notification of loss or damage to that item of equipment whichever shall be the earlier.

21(a) The Hire Rates referred to in Clause 1 do not include any allowance in respect of VAT

(b) The customer shall pay to the owners in addition to any payment cost or charge referred to in these conditions the amount of VAT properly chargeable by the commissioners of custom and excise on the supply of any goods and or services under these conditions of hire.

22.  The conditions are the only terms on which the owners shall accept orders for the hire of equipment any terms or conditions attached to the customers order shall be of no effect unless repeated herein or agreed to in writing by the owners.

23.  The law of England shall apply to any agreement made under these conditions.

24. Equipment is (hired)* and sold under the CPA model terms and conditions.