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CPA Model Conditions

MODEL CONDITIONS FOR THE HIRING OF PLANT

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

1. DEFINITIONS
(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 when either 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 any time the Plant is being transported to or from site; or is left on site during evenings, nights, weekends, or any Holiday Period.
(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 representatives.
(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, welfare units, accommodation, vehicles, or equipment therefore, which the Owner agrees to hire to the Hirer including any personnel, 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 3.30pm 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 Ownerand 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 or any personnel supplied by the Owner 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 to the site, and where applicable any access road to the site and, unless
otherwise agreed in writing, for unloading and loading of the Plant at the site or on the access road; 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: INSPECTION REPORTS
(a) Unless written notification is received by the Owner within 24 hours from the commencement of the Hire from the Hirer, 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 tear excepted).
(b) The Hirer shall at all times when hiring Plant without the Owner’s operator or driver take all reasonable steps to keep themselves 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 arising
therefrom.
(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, the Owner’s agents, or insurers to have access to the Plant to inspect, test, adjust,
repair, or replace the same. The Hirer shall allow such access during the Working Day. The Owner reserves the right to charge the Hirer for any inspection or maintenance work carried out on the Plant during the Hire Period.

7. GROUND AND SITE CONDITIONS
(a) The Hirer is deemed to have knowledge of the site, the site’s access road, the property or land where the Plant is to be delivered or collected, or unloaded, to work on, travel over, be transported over, be erected or dismantled on is suitable for the use of such Plant, and any
electronic interference which may affect the Plant.
(b) Subject to 7(a), if, in the opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant, then
the Hirer shall supply and lay suitable support in a suitable position for the Plant.
(c) Any suitable support supplied by the Owner is provided solely to assist the Hirer under their duties within clause 7(b) and expressly not to
relieve the Hirer of their 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 site costs and 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 repair, modify, or alter the Plant without the prior written permission of the Owner (including without limitation the changing or repair of any tyre/puncture). 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 their 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 adverse 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 the Owner’s 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) be liable
for all loss of or damage to the Plant, 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) For the avoidance of doubt, notwithstanding any agreement by the
Owner to waive hire charges after any agreed period of use of the Plant,
the Hirer’s obligations specified under clause 13(b) shall continue for the
duration of the Hire Period.
(d) Notwithstanding the above the Hirer shall not be responsible for
damage, loss, or injury, subject to clauses 1(b) and 7:
(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 physically erected/dismantled on
site, provided always that such erection/dismantling is under the
exclusive control of the Owner or their agent,
(iii) after the Plant has safely been removed from the site, and
until it 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 including the site’s access road, after it has safely
joined such highway) to the Owner by transport of the Owner or as
otherwise arranged by the Owner (excluding always on such occasion
that the Plant is on a Public Highway (or access road) during the
currency of the hire and is being utilised by the Hirer)
(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 including the
site’s access road, prior to its leaving or after its joining such highway)
under its own power with a driver supplied by the Owner (excluding
always on such occasion that the Plant is on a Public Highway (or access
road) during the currency of the hire and is being utilised by the Hirer).


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 permission.


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 the Owner may arrange for such repairs to be
carried out on site or at any location of the Owner’s 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 the Owner 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.


18. BASIS OF CHARGING
(a) The Hirer shall render to the Owner for each Working Week an
accurate statement of the number of hours the Plant has worked each
day. When any personnel, operator or driver is supplied by the Owner,
the Hirer shall sign their time record sheets. The signature of the Hirer’s
representative shall bind the Hirer to accept the hours shown on the time
records sheets. Where applicable, the Plant’s telematics may be checked
against the Hirer’s statement or operator’s signed timesheet, should any
conflict arise, then the telematics will take precedence over all other
records. (If there is any conflict between the signed timesheet and any
other record taken, then the signed timesheet takes precedence.)
(b) The Hirer shall be charged for any toolbox talks, briefings, inductions,
mandatory training which the Owner’s personnel have to attend prior to
or when working on the Hirer’s site.
(c) Full allowance will be made for breakdown periods resulting from
mechanical or electrical faults or absence of driver or operator supplied
by the Owner except where breakdown is due to acts or omissions of
third parties and/or the Hirer’s misuse, misdirection or negligence, subject
however to the provisions of clause 8 of these conditions.
(d) Breakdown time in respect of such periods shall be allowed for not
more than the Working Day less the actual hours worked.
(e) Plant shall be hired out either:
(i) for a stated minimum number of hours per Working Day or
per Working Week or,
(ii) without any qualification as to minimum hours. Odd days at
the beginning and at the end of the Hire Period shall be charged pro rata.
(f) Stoppages due to changing of tyres and repairs to punctures will be
chargeable as working time up to a maximum of 2 hours for any one
stoppage and any excess will be charged for at the appropriate idle time
rates.
(g) In the case of Plant which is required to be dismantled for the purpose
of transportation, if the Owner agrees to a modification of the hire charge
for the period required for assembling on site and dismantling upon
completion of the Hire Period, such modification of the hire charge and
the Hire Period for which it shall apply shall be stated in the
Offer/Contract.
(h) The Hirer shall pay the Owner’s invoice within 30 days net unless
otherwise agreed.
(i) Any query with the Owner’s invoice must be raised in writing by the
Hirer within 14 calendar days of receiving the invoice.
(j) The Owner in their absolute discretion may agree to accept electronic
records and data as an alternative to written statements of the number of
hours, time record sheets and other information related to charging that
the Hirer is required to provide to the Owner. Such electronic records and
data may include but is not limited to telematics automatically generated
by the plant and electronic log books.

19. PLANT HIRED ON A DAILY BASIS WITHOUT QUALIFICATION
AS TO HOURS
The full daily rate will be charged on a daily basis irrespective of the
hours worked except in the case of breakdown for which the Owner is
responsible, when the actual hours worked will be charged pro rata of the
average Working Day. No hire charge shall be made for Saturday and/or
Sunday unless at the Hirer’s request, the Plant is actually worked or has
been delivered to site or is on standby. The Hirer must inform the Owner
if the Plant is going to be used at these times.


20. PLANT HIRED BY THE WEEK OR MONTH WITHOUT QUALIFICATION AS TO HOURS
The weekly or monthly rate shall be charged irrespective of the number
of hours worked, except in the case of breakdown for which the Owner is
responsible when an allowance pro rata of the agreed weekly rate or pro
rata of the agreed monthly rate will be made for each full Working Day
broken down calculated to the nearest half Working Day.

21. PLANT HIRED BY THE WEEK OR MONTH WITH
QUALIFICATION AS TO HOURS
The full hire for the period in the Contract will be charged as per the
Working Day or Working Week and an additional pro rata charge will be
made for hours worked in excess of such period. An allowance will be
made for breakdowns for up to the entirety of that Working Day providing
always that where the actual hours worked are in excess of the
breakdown time, the actual hours worked shall be chargeable. Idle time
for this purpose shall be treated as actual working time. An allowance
may be made for any Holiday Period that falls within the Working Day or
Working Week, provided that the Plant is not available for the Hirer to use
during that time.

22. “ALL-IN” RATES
Where “All-In” rates are charged by agreement the minimum period shall
be as defined in the Contract and in accordance with the hire rates and
terms contained therein, subject to the provisions of clause 26.

23. PERIOD OF CHARGING
(a) Within the Hire Period, an allowance may be made of not more than 1
day’s hire charge each way for travelling time. If the Plant is used on the
day of travelling, full hire rates shall be paid for the period of use on that
day. If more than 1 day is properly and unavoidably occupied in
transporting the Plant, a hire charge at idle time rates shall be payable for
such extra time, provided that where Plant is hired for a total period of
less than one Working Week, the full hire rate shall be paid from the date
of despatch to the date of return to the Owner’s named depot or other
agreed location.
b) Should the Hirer delay the commencement of the Hire Period for
whatever reason, then the Owner reserves the right to charge the Hirer
the idle time rate as defined in clause 25 for the intervening period
(c) If the Plant is not made available for collection as agreed between the
parties, such Plant shall be deemed with immediate effect to be placed
back on hire. The Hirer shall be responsible for the safekeeping of the
Plant in accordance with clause 13, and for all the reasonable costs and
expenses incurred by the Owner in seeking to collect such Plant.
(d) Upon the completion of the Hire Period, the Hirer shall clean and
where necessary, decontaminate the Plant. All fuel and contaminates will
be removed from bunds, storage tanks and bowsers. The Hirer shall be
liable for any costs, liabilities and expenses incurred by the Owner should
the Hirer fail to comply with this clause.


24. HIRER’S LIABILITY DURING THE NOTICE OF TERMINATION OF CONTRACT
a) Where the intended duration of the hire of the Plant is indeterminate or
having been defined becomes indeterminate the Contract shall be
terminable by 7 working days’ notice in writing given by either party to the
other except in cases where the Plant has been lost or damaged.
Notwithstanding that the Owner may have agreed to accept less than 7
working days’ notice of termination, the Hirer’s obligations under clause
13 shall continue until the Plant is returned to the Owner in accordance
with clause 31 or until the Owner has collected the Plant within the 7
working days following the acceptance of short notice. Oral notice given
by the Hirer to the Owner’s driver or operator shall not be deemed to
constitute compliance with the provisions of this clause.
b) Without prejudice to clause 24(a), should the Hirer fail to make the
Plant available for collection by the Owner before the end of the 7
working days’ notice, the Hirer’s obligations under clause 13 shall
continue for a further 3 working days or until such time as the Plant is
made available for collection and the Owner has collected the Plant. For
the avoidance of doubt, where the Hirer gives a notice pursuant to clause
24(a) but subsequently and with the consent of the Owner, withdraws
such notice, the obligations of clause 13 shall continue to apply and the
requirements of clause 24 will apply to any later termination of the
Contract.
c) If the Hirer terminates the Contract before the Hire Period commences,
then the Hirer is liable for all reasonable costs and charges incurred by
the Owner or to which the Owner is committed at the time of termination.
d) Should the Hirer terminate the Contract once the Hire Period has
commenced, the Owner reserves the right to charge the Hirer the
balance of the Contract. Where the Hire Period has not commenced but
insufficient notice of cancellation is provided by the Hirer to allow the
Owner to mitigate the effects of late cancellation, the Owner reserves the
right (at its absolute discretion) to charge the Hirer the full balance of the
charges for the Hire Period.
e) The Hirer may off-hire the Plant by written notification via an electronic
device or application (app.). This off-hire will only be accepted by the
Owner, provided the Owner issues an off-hire confirmation to the Hirer.

25. IDLE TIME
When the Plant is prevented from working for a complete Working Week,
the hire charges shall be two thirds of the hire rate or such other idle time
rate as is agreed in writing by the Owner for the period during which the
Plant is not in use. If the Plant works for any time during the Working
Day, then the whole of that Working Day shall be charged as working
time. In any case no period less than one Working Day shall be reckoned
as idle time save for as provided for in clause 18(f). Where an “All-In” rate
is charged, idle time is calculated on the machine element only. Full rate
will be charged for the operator.

26. WAGES AND OTHER CHARGEABLE ITEMS RELATING TO DRIVERS AND OPERATORS OF PLANT
All chargeable items shall be paid by the Hirer at the rates set out in the
Contract save that any subsequent increases before and/or during the
Hire Period arising from awards under any wage agreements and/or from
increases in the Owner’s statutory contribution shall be charged as
additions at cost by the Owner and shall be admitted and paid by the
Hirer.

27. TRAVELLING TIME AND FARES
Travelling time, fares and similar expenses for drivers, operators and any
person supplied by the Owner, incurred at the beginning and end of the
Hire Period and where appropriate return fare of the driver, operator and
any person supplied by the Owner to their home may be chargeable at
cost. No charge shall be made by the Owner for any such expenses
incurred by other employees of the Owner for the purpose of servicing,
repair, or maintenance of Plant, unless necessitated by the Hirer’s
negligence, misdirection, or misuse of the Plant.

28. FUEL, OIL AND POWER
(a) Fuel, fuel additives or power shall when supplied by the Hirer and
where instructed or specified by the Owner, be of a grade and type
specified. The Hirer shall be solely responsible for all damages, losses,
costs, and expenses incurred by the Owner if the Hirer fails to supply,
maintain, or use the wrong/contaminated fuel, fuel additives or power
rating. Fuel, fuel additives or power when supplied by the Owner, to be
charged at an agreed cost.
(b) If the Plant requires an electrical supply to either safely operate or
recharge, then the Hirer will be responsible for the cost of providing the
correct electrical supply, which will be available prior to the Plant’s
delivery, and continue until the Plant has left the site. The Hirer shall
ensure that all current Health and Safety and other applicable legislation
and industry guidance is complied with including fitting, testing and
inspection of the supply. The Hirer will indemnify the Owner against any
and all damages, losses, or claims should the Hirer fail to do so.

29. SHARPENING OF DRILLS/STEELS ETC
The cost of re-sharpening or replacement of drill bits, blades, bucket
teeth and other ancillary items shall be borne by the Hirer.

30. OWNER’S NAME PLATES
The Hirer shall not remove, deface, or cover up the Owner’s name plate
or mark on the Plant indicating that it is the Hirer’s property, without the
prior written permission of the Owner.

31. TRANSPORT
The Hirer shall pay the cost of and if required by the Owner, arrange
transport of the Plant from the Owner’s depot or other agreed location to
the site and return to the Owner’s named depot or other agreed location
on completion of the Hire Period.

32. GOVERNMENT REGULATIONS
a) The Hirer will be responsible for compliance with all relevant
legislation, regulations, instructions, or guidance issued by the
Government, Government Agencies, Local Authorities, statutory
regulators, and Public/Corporate Bodies established by
Parliament/Government including (without limitation) regulations under
the Bribery Act, the Civil Aviation Act, the Construction (Design and
Management) Regulations, the Environmental Acts, Factories Acts, the
General Data Protection Regulation (GDPR), the Health and Safety at
Work, etc. Act and observance of the Road Traffic Acts should they
apply, including the cost of road fund licences and any insurances made
necessary thereby, save that if and during such time as the Plant is
travelling, whether for full or part journey from Owner to site and site to
Owner under its own power with a driver supplied by the Owner, the
Owner and not the Hirer shall be responsible as aforesaid.
b) For the avoidance of doubt, the Hirer shall indemnify the Owner
against any and all charges, fines, or losses that the Owner may become
liable for as a result of the Hirer utilising the Plant during the Hire Period.

33. PROTECTION OF OWNER’S RIGHTS
The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with
possession of or otherwise deal with the Plant except as provided under
clause 15 and shall protect the same against distress, execution or
seizure and shall indemnify the Owner against all losses, damage, costs,
charges, and expenses arising as a direct result of any failure to observe
and perform this condition except in the event of Government requisition.

34. TERMINATION AND SUSPENSION
(a) The Owner may terminate the Contract forthwith by written notice to
the
Hirer if one or more of the following events occur:
(i) The Hirer defaults in punctual payment of any sum due to
the Owner for hire of Plant or other charges payable pursuant to these
conditions and fails to remedy such default within 10 working days or
such other period as might be considered reasonable under the
circumstances upon receiving written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and
conditions of the Contract and fails to remedy such default within 10
working days of receiving written notice requiring it to do so;
(iii) The Hirer suffers, or the Owner reasonably believes that
the Hirer shall suffer, any distress or execution to be levied against them;
(iv) The Hirer makes or proposes to make any arrangement
with their creditors or becomes insolvent within the meaning of Section
113 of the Housing Grants, Construction and Regeneration Act 1996 or
any amendment or re-enactment thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer
any act or thing whereby the Owner’s rights in the Plant may be
prejudiced or put into jeopardy.
(b) In the event of termination under sub-paragraph (a) above:
(i) The Hirer must give the Owner or the Owner’s agents,
immediate unobstructed access to recover the Plant.
(ii) The Owner shall be entitled to claim the hire charges
outstanding as at the date of termination of the hire under this clause and
return transport charges under clause 31.
(c) The rights under sub-paragraph (a) and (b) above:
(i) May be exercised notwithstanding that the Owner may have
waived some previous default or matter of the same or a like nature.
(ii) Shall not affect the Owner’s right to claim damages for
breach of Contract or recover any sums due under the Contract as a
debt.
(d) If the Hirer does not make payment of a sum by the final date on
which payment is due to be made, the Owner has the right to suspend
performance of its obligations under the Contract. The right to suspend
may not be exercised without first giving to the Hirer at least 7 working
days’ notice in writing of the Owner’s intention to suspend performance,
stating the ground or grounds on which the Owner intends to suspend
performance. The right to suspend performance will cease when the
Hirer makes payment in full of the amount due.

35. CHANGES IN NORMAL WORKING WEEK
The foregoing provisions have been framed upon the basis of the Hirer
working a 5-day week of 39 hours; it is hereby agreed that in the event of:
(a) there being any agreed change in the normal weekly hours in the
industry in which the Hirer is engaged or,
(b) the Contract being made with reference to a 5-day week of other than
39 hours. Clauses 1(h) and (i), 18(d) and (e), 20 and (in regard to
breakdown allowance and reduction for statutory holidays) 21 shall be
deemed to be modified conformably and in the event of an alteration in
the normal weekly working hours in the said industry the “Hire Rates and
Terms” of Plant hired for a minimum weekly or daily period shall be
varied pro rata.

36. DISPUTE RESOLUTION
(a) The Owner will determine which court will have exclusive jurisdiction
and interpretation of the law for this Contract be it governed by the
country where the Owner’s Head Office or site is located.
(b) Both parties to the Contract have a right to refer any difference or
dispute arising under or in connection with the Contract to adjudication
and the procedure set out in Part 1 of the Scheme for Construction
Contracts (England and Wales) Regulations 1998 or such equivalent
legislation which confers on the parties the statutory right to adjudicate
within the relevant jurisdiction (or any amendment or re-enactment
thereof for the time being in force) will apply. The person (if any) specified
in the Contract to act as adjudicator may be named in the Offer. The
specified nominating body to select adjudicators shall be the Construction
Plant-hire Association acting by its President or Chief Executive for the
time being.
(c) The Owner and the Hirer shall comply forthwith with any decision of
the adjudicator; and shall submit to summary judgment and enforcement
(and/or, under Scots law, shall consent to a motion for summary decree
and submit to enforcement) in respect of all such decisions; in each case,
without any defence, set-off, counterclaim, abatement, or deduction.
Where, under Scots law, the Owner, the Hirer, or the adjudicator, wishes
to register a decision of the adjudicator for execution in the Books of
Council and Session, any other party shall, on being requested to do so,
forthwith consent to such registration by subscribing the decision before a
witness.

37. LATE PAYMENTS
The Owner reserves the right to charge the Hirer for the late payment of
any outstanding invoices under the Late Payment of Commercial Debts
(Interest) Act 1998, or any subsequent legislation.

38. SEVERABILITY
If any of these clauses are held to be unlawful, void, or unenforceable,
then that clause will be deemed severable and will not affect the validity
and enforceability of the remaining clauses, to the extent permitted by
law.