The Construction Plant-Hire Association
2011 Hire Contracts Terms and Conditions for consumers of Plant & Equipment supplied with an Operator.
In this Hire Agreement (the “Agreement”).
“Hire Charges” means all the charges, operator costs, fuel charges, and other fees (as applicable) charged to you by us in respect of the hire of the Plant & Equipment.
“Operator” means the operator provided by us to you with the Plant & Equipment to operate the Plant & Equipment.
“Outstanding Balance” means all amounts payable under this Agreement less the amount paid.
“Plant & Equipment” means the plant & equipment hired to you by us, including any substitutions, replacements and additions made in accordance with the terms of this Agreement and any manuals, accessories or other items supplied with the Plant & Equipment.
“Site” means the location where the Plant & Equipment is intended to be used.
“we”, “us”, “our”, means the owner of the Plant & Equipment, its successors, its employees and agents, and any business or other person to whom the owner transfers (by absolute assignment, by way of novation or by way of security) any or all of its rights or its rights and responsibilities (whether legal or equitable) under the Agreement.
“you”, “your” means the hirer (or hirers) of the Plant & Equipment.
If either you or we are in breach of any term of this Agreement, neither of us will be responsible for any losses that the other suffers as a result except those losses, which are a foreseeable consequence of the breach.
You have agreed to hire the Plant and Equipment for domestic and non-commercial purposes only.
In the circumstances, if we are in breach of this Agreement we will not be liable to you for any claim relating to business expenses or losses, including but not limited to claims for loss of profit.
If a third party makes a claim against us in relation to any loss or damage caused by the Plant & Equipment as a result of your breach of any term of this Agreement, you will indemnify us in full for all costs and/or losses suffered by us as result thereof including but not limited to payment of compensation (including interest where applicable) to the third party, our reasonable legal and other fees incurred as a result of any legal action resulting from the claim. You will not be responsible for such a claim to the extent that the loss or damage results from our negligence or breach of contract.
Subject to clause 4.6, our liability is limited as follows;
Our liability for loss, destruction or damage to goods or property (other than goods being lifted by crane which is covered in 4.4.2 below) is limited to a total of £2 million whether due to our breach of contract or negligence; and,
If you are undertaking a lifting operation our liability for loss, destruction or damage to the goods being lifted is limited to a total of £25,000 whether due to our breach of contract or negligence.
If you think there is a possibility that goods or property could be damaged which have a value of more than these limits, then you must notify us in writing before the Plant & Equipment is delivered to the site. On receipt of such notification, we may choose to make additional coverage available and this may involve an increase in the Hire Charges.
You will not be able to claim more than the amounts set out in clause 4.4 if;
You do not notify us that the damage could exceed the above limits;
We choose not to have additional cover made available;
You do not agree to meet the extra charge for additional coverage; or
The additional coverage fails for some reason that is not our fault.
This will be so, even where we are at fault, except where your claim is for death or personal injury, as mentioned in paragraph 4.6 below.
The limits set out in paragraph 4.4 do not apply for claims of death or personal injury caused by our negligence. There is no limit on the amount of our liability for such claims.
- 5 Loss, Theft or Damage to the Plant and Equipment
Subject to clauses 5.3 and 5.4 below, If the Plant & Equipment is lost, damaged, stolen or destroyed whilst in your care whether our Operator is present or not present, or as a result of your failure to ensure that the site is safe, you will be liable for the full cost of repairing or replacing the Plant & Equipment.
We may take out insurance to cover the risk to our Plant & Equipment in respect of events set out in clause 5.1. If we do so and you pay the waiver fee, we will not pursue you for the costs of repairing or replacing the Plant & Equipment but only to the extent that such costs are reimbursed to us by our insurers. You will still be liable to us, however, to the extent that the insurers do not reimburse us for the loss or damage. You must take reasonable care of the Plant & Equipment whilst it is at your site, even if the waiver fee has been paid.
You will not be liable to pay us for any damage caused to the Plant & Equipment arising from defects in the Plant & Equipment which were not apparent when it was hired to you or which occur while the Plant & Equipment is being operated by our operator, unless such damage arises as a result of the site being unsafe and/or your negligence.
You will not be liable for any loss or theft of the Plant & Equipment resulting from a fault in the Plant & Equipment’s security system which occurred before the Plant & Equipment was delivered to the site or occurs while the Plant & Equipment is being operated by our operator, unless the fault in the Plant & Equipment’s security was caused by damage arising as a result of the site being unsafe and/or your negligence.
Where the plant & equipment, or any part of it, is lost, stolen, damaged or destroyed you must notify us immediately either via our operator or to us at our principal office, as a matter of urgency in order that we can notify our insurers. If the insurers refuse to pay us because of a delay in notification by you, you will be liable to us for what would have been recovered from the insurers if you had complied with the clause. You must provide our insurers and us with all reasonable assistance when so requested.
You must notify the Police immediately if the Plant & Equipment, or any part of it, is stolen, or has been criminally damaged.
- 6 Damage To Site And/Or Access
You acknowledge that the Plant & Equipment you have chosen to hire may cause superficial damage to the ground of your site, If you request or direct the Operator / Plant & Equipment to leave the public highway, particularly in or after wet weather (for example, ruts may be created or paving stones may be cracked or blocked paving may be compressed down) then you will be fully responsible for any damage that may occur, and you will fully indemnify us in respect of any claims. You further acknowledge that the Plant & Equipment may also cause damage to underground services such as drains and sewers. Our driver/operator will do his best to limit any such damage, but we cannot be held responsible for any damage of this sort once you request the driver/operator to leave the public highway. You are responsible for making good any damage caused to your property, adjoining properties, or adjoining land in obtaining access.
Please note; private roads are not classed as public highways.
If you are particularly concerned to avoid superficial damage to your ground you must let us know as soon as possible. We may be able to provide extra protection, although there may be an additional cost in doing so, which we will pass on to you, especially if we need to buy extra protection for your specific needs.
While we do not expect you to have any technical knowledge of the Plant & Equipment you are hiring, it is your obligation to inform us of any visible access or site restrictions, which you think may cause difficulty, for example, restricted access, limited working space , uneven ground or overhead obstructions such as cables etc.
We may carry out a site inspection; if we do we will check both the means of access and the place(s) where you require the work to be carried out. It is your responsibility to undertake any site preparation that we ask (for example, removing goods or materials that may hinder the job). We shall not be responsible for lost work time if the operator is unable to commence or continue work as a result of your failure to complete site preparation as requested by us.
You must immediately notify us of any change in site conditions prior to the hire which might affect the safe use of the Plant & Equipment or the safety of our operator.
Whether or not we carry out an inspection, we may need to ask you for information about such things as the location of any cesspits, drains & sewers. You must make every effort to ensure the information you give us is accurate.
Where access is required over land that you do not own, you undertake that you will obtain consent from the respective land owner(s) and to pay any charges they may make.
The Plant & Equipment Hire will only be booked for the one site that you request, if you require the operator on more than one site you must arrange this in the initial booking, there may be an additional fuel charge between sites. The Hire Charge will start at the beginning of your hire and will end at the end of your hire, any travelling by the operator with the Plant & Equipment will be included in the term of Hire.
- 9 PLANT & EQUIPMENT AND THE OPERATOR (CHERRY PICKERS / MEWPs)
It is your responsibility to give the Operator of the Plant & Equipment clear instructions regarding the job you wish to be undertaken. You must provide any further information or explanation the Operator asks you for.
We will ensure that the Operator is competent and qualified to operate the Plant & Equipment and he will do his best to arrive punctually (traffic / weather conditions permitting).
We will ensure that the Plant & Equipment hired to you is in good working order and is fit for the purpose for which it is normally used.
The Operators responsibility is generally limited to operating the Plant & Equipment competently and safely to complete the job that you have instructed him to undertake. The normal hire of a Cherry Picker / Operator is to gain safe access height only.
Please note: the operator IS NOT QUALIFIED to work on any broken or damaged cables, (being of electricity, tv / satelite or security lighting or camera cables etc) and a fully trained / qualified electrician or tv / security installer should also be present to carry out the work on your behalf. Our operator is only there to give the installer safe working conditions at the height he requires, to a maximum of
You must not operate the Plant & Equipment yourself.
We will be responsible for the safe operation of the Plant & Equipment by our Operator.
You must follow any safety instructions given by our Operator. You must also take your own sensible safety precautions (for example, you must take all reasonable measures to prevent children from playing on or near or beneath the Plant & Equipment at any time while it is on hire to you) . You must wear Personal Protection Equipment if you wish to work from the Cherry Picker Cradle (Hard hat and a full body harness will be provided by us and this must be connected to the safety clamp in the cradle before any height is achieved).
You should also wear steel toe-cap footwear. If tree work is being carried out, you must ensure that no vehicles or property is likely to be damaged by falling branches etc.
Whilst the Operator will be responsible for the safe operation of the Plant & Equipment, you must ensure that the site and working area is safe and secure.
The Plant & Equipment will be hired out by the hour (minimum 2 hours) and the first 2 hours must be paid for upon the operators arrival at your site, either in cash or by a bank transfer or by sending a cheque in advance, that will clear before the hire date commences
Fuel charges are charged for travelling to your site (first 5 miles from our postcode is free), we do not charge for fuel while the vehicle is running on site, this is included in the hourly hire charge.
Payments may be made in cash, bank transfer or a card guaranteed cheque in the hirers name.
Receipts will be issued for all hire terms, travelling fuel, we do not charge VAT.
The Hire Charges will be charged and based on the length of time for which you require the Plant & Equipment and the Operator to be onsite. Please note that we may accept another booking after your requested hire period is finished, so please make sure you request enough hire time to complete your work in time. If another booking is made after your period ends, we will allow 30 minutes for the Operator to clear up before leaving for his next hire.
You do not continue to pay hire charges during stoppages which we could have avoided (such as breakdowns in the Plant & Equipment). Neither do you continue to pay hire charges during our Operator’s lunch break (If he Stops the Plant & Equipment).
Stoppages which are not due to a fault on our part , or on the part of our Operator, will be charged for, (eg stoppages caused by inclement weather, unforeseen problems with the site or access, usual running maintenance such as re-fuelling or re-fitting accessories, the sharpening or changing of chainsaw chains).
You can ask the Operator to stop work at any time. If you do so, you will be responsible for the Hire Charges including the daily rate for the day on which work ceases, or the agreed minimum or fixed period.
We may ask you for payment of all or part of the Hire Charges in advance.
During long hire periods you will be asked to sign a time sheet confirming that it is an accurate record of the Operators chargeable hours. You should check the time sheet carefully and only sign if you agree with the information set out.
Hire charges are due at the beginning and / or the end of the hire. We will let you know when you must pay the Hire Charges at the time you place your order to hire the Plant & Equipment.
You must pay the hire charges in advance or on the day of hiring the Plant & Equipment & Operator.
If any provision of this Agreement is held to be unlawful, void or unenforceable then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, to the extent permitted by law.
Notices from you to us should be sent to our principal office address. Notices to you from us will be sent to the address provided to us by you or to any other address which you have notified to us in writing. You must notify immediately in writing of any change to your address.
The Agreement incorporates all of the terms agreed between you & us. It cannot be varied except by a document signed by you and us on or after the date of this Agreement.
A party who is not a party to this Agreement shall have no right to enforce any term of this Agreement under the contracts (rights of third) parties Act 1999.
If any amount is payable to you by us under this Agreement, we may withhold from those monies an amount equal to the total monies you owe us under this Agreement.
If the site is situated within the United Kingdom, then the Court whose jurisdiction covers the site will have exclusive jurisdiction and interpretation of the law for this contract.
Important note to Owners and Hirers of Plant and Equipment:
These CPA Hire Contract Terms for Consumers are intended to apply to the hiring of Plant and Equipment supplied with an operator to individual consumers not acting in the course of any business. All these terms have been drawn up by the CPA and are recommended by CPA members and consumers as a comprehensive, fair and properly integrated set of hire terms appropriate for this type of equipment. Both the Owner and the Hirer must ensure that they are fully covered by insurance against the risks involved in the hire of the Plant and Equipment under these Terms and conditions.