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TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS AND THE PROVISION OF SERVICES

  1. INTERPRETATION
  • In these conditions:

‘BUYER’ means the person described as such in the order. ‘CONDITIONS’ means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller; ‘CONTRACT’ means the contract for the sale and purchase of the Goods and if appropriate the supply and acquisition of the services; ‘CONSUMER’ means a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977; ‘DELIVERY ADDRESS’ means the address stated on the order; ‘MACHINERY’ means items described as such in the order; ‘ORDER’ means the Buyer’s purchase order (whether for Goods and/or services) to which these conditions are annexed; ‘PARTS’ means the items described as such in the order or otherwise so identified; ‘PRICE’ means the price of the Goods and/or the charge for the services; ‘SELLER’ means the person described as such in the Order; ‘SERVICES’ means the services (if any) described in the order; ‘SPECIFICATION’ includes any plans, drawings, data, or other information relating to the Goods or Service; ‘WRITING’ includes telex, cable, facsimile transmission and comparable means of communication.

  • Any reference in these Conditions to a statue or a provision of a statue shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
  • The headings in these Conditions are for convenience only and shall not affect their interpretation.

 

  1. BASIS OF PURCHASE
  • The Order constitutes an offer by this Buyer to purchase the Goods and/or acquire the Services subject to these Conditions
  • These Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which any quotation has been given to the Buyer or subject to which the Order is made or purported to be made by the Buyer.
  • The Order is deemed accepted by the Seller unless rejected within seven days of the date on which the Order is received by the Seller
  • No variation to the Order or these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer or the Seller.
  • The person placing the Order warrants that he is the Buyer or has the authority of the Buyer to do so.
  • The Buyer acknowledges that its skill and expertise in relation to the Goods and/or services is equal to that of the Seller and where the Buyer has specified a purpose for which the Goods and/or services are being purchased it has not relied upon the Seller’s skill and expertise in deciding their fitness for the purpose in question.

 

  1. SPECIFICATION
  • The quality and description of the Goods and the Services shall subject as provided in these conditions be as specified in the Order or otherwise agreed in Writing between the Buyer and the Seller.
  • Any Specification as to livery supplied by the Buyer to the Seller shall be the exclusive property of the Buyer who shall indemnify the Seller against all Liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the seller in settlement of any claim for infringement of any patent, copyright, design right, trademark or other intellectual property rights of any other person which results from the sellers compliance with any specification supplied by the Buyer.
  • The Seller shall comply with all applicable regulations or other legal requirements concerning the packaging, packing and delivery of the Goods and the performance of the services and the seller reserves the right to make any changes in the Specification of the Goods and/or Services (not materially affecting either quality or performance) as are required to ensure such compliance.

 

  1. PRICE OF GOODS AND SERVICES
  • The Price of the Goods and Services shall be stated in the Order and unless otherwise so stated shall be:
    • Exclusive of any applicable value added tax (which shall be payable by the Buyer subject to receipt of a VAT invoice); and
    • Exclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the delivery address and any duties, imposts or levies other than Value added Tax.
  • The Seller reserves the right to increase the Price (whether on account of increased materials, labour or transport costs, fluctuations in rates of exchanges or otherwise) provided it gives the Buyer notice of such increase before delivery
  • The Seller reserves the right to levy a surcharge of 25% on any Goods specially ordered if such Goods are not collected within 24 hours of the Seller notifying the Buyer that they are available for collection.
  • The Seller reserves the right as its sole discretion to require the Buyer to make payment of a non-returnable deposit at 10% of the price.
  • Goods not required must be returned within ten days of purchase. The seller reserves the right to levy a 15% handling charge on stock goods returned within ten days. Specially ordered goods are deemed non-refundable.

 

  1. TERMS OF PAYMENT
  • Subject to Clause 5.4 below the seller shall be entitled to invoice the Buyer on or at any time after delivery of the Goods or performance of the services, as the case may be.
  • Unless otherwise stated in the Order (or where the contract related to Machinery which is dealt with in Clause 5.3 below) the Buyer shall pay the Price of the Goods and the Services within thirty days of the invoice date failing which the Seller reserves the right to charge interest on the overdue account on a month bases at the rate of 4% above Lloyds bank base rate from time to time.
  • Payment for Machinery and Parts whether new or second-hand must be made before Delivery.
  • Where the Buyer is resident outside of the UK mainland the seller requires payment to be made of the full price by telegraphic transfer to the Seller’s Bank Account before the Goods are dispatched and in such circumstances Clause 5.2 shall not apply.
  • Any query arising on the invoice must be notified to the Company within 14 calendar days from the date of the invoice.  If no query is raised by the customer within this period the invoice will be deemed as having been accepted and payable in full by its due date.

 

  1. DELIVERY
  • Delivery of the Goods shall be made by the Buyer collecting the Goods at the Sellers premises at any time after the seller has notified the Buyer that the Goods are ready for collection or if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
  • Any Dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for Delivery shall not be of the essence unless previously agreed by the Seller in Writing. The goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the buyer.
  • If the Goods are to be delivered or the Services are to be performed, by instalments, each delivery of performance shall constitute a separate contract and failure by the Seller to deliver any one or more instalments or performance shall not entitle the Buyer to treat the Contract as a whole as repudiated.
  • If the Seller fails to deliver the Goods for any reason other than any Clause beyond the Seller’s reasonable control or the Buyers fault and the seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
  • If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s Fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may;
  • Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
  • Sell the Goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses) account to the buyer for the excess of the price under the Contract or charge the Buyer for any shortfalls below the price under contract

 

  1. RISK AND PROPERTY
  • Risk of damage to or loss of the Goods shall pass to the Buyer.
  • In the case of Goods to be delivered at the Seller’s premises, at the time when the seller notifies the Buyer that the Goods are available for Collection: or
  • In the case of Goods to be delivered otherwise than at the time of delivery or, if they buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
  • Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, title in the Goods shall not pass to the Buyer until the Seller had received in cash or cleared funds payment in full of the price of the Goods and all other Goods and services agreed to be sold or supplied by the Seller to the Buyer for which payment is then due.
  • Until such time as title in the Goods Passes to the Buyer, the Buyer shall hold the Goods as the Sellers fiduciary agent and Bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Sellers property. The Buyer shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and in the case of tangible proceeds, properly stored, protected and insured.
  • Until such time as title in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the seller and if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
  • The Buyer shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the goods which remain the property of the seller, but if they buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

 

  1. WARRANTIES AND LIABILITY
  • The Seller does not manufacture any parts, materials or equipment and the Buyer shall only be entitled in respect of such items to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
  • Where the Goods supplied under the Contract are used Goods the Buyer accepts that they are sold as seen and no warranty is made or given in respect of those Goods unless stated clearly overleaf.
  • Where any valid claim in respect of any new Goods (or used Goods where a warranty is given) which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with Clause 8.7, the seller shall have no further liability to the Buyer.
  • Clause 8.3 is subject to the following conditions:
  • The Seller Shall be under no liability in respect of any defect in the Goods arising from any drawings, design or specification supplied by the Buyer.
  • The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence of the Buyer, abnormal working conditions, failure to follow the Sellers instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller’s approval.
  • The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods or Services has not been paid by the due date for payment.
  • Subject as expressly provided in these conditions and except where the Goods are sold to a person dealing as a Consumer, all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
  • Where the Goods are sold or services supplied to a consumer, the statutory rights of the consumer are not affected by these conditions.
  • Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defects or failure. And the Buyer shall be bound to pay the price as if the Goods have been delivered in accordance with the contract.
  • Except in respect of death or personal injury caused by the Seller’s Negligence, the seller shall not be liable to the Buyer by reason of any representation, any implied warranty, condition, or other term, or any duty at common law, or under the express terms if the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses, or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of Goods (and/or the services if appropriate) or their use or resale by the Buyer, except as expressly provided in these conditions.
  • Neither the Seller nor the Buyer shall be liable to the other or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of its obligations in relation to the goods or the services. If the delay or failure was beyond that party’s reasonable control.

 

  1. OBLIGATION TO PROVIDE SAFE PLACE OF WORK
  • Where the Seller sends one of its employees to provide Services (the servicer) on premises owned or controlled by the Buyer, the Buyer warrants that it will provide a safe place of work for the Servicer to a standard equivalent to that which would be required if the Seller was the Buyers employee.

 

  1. PART EXCHANGE
  • Any equipment tendered by the Buyer in part-exchange for the Goods must be in a reasonable condition. The buyer must disclose to the Seller any major defects in the equipment tendered and the amount of all monies owing in respect of that equipment to any finance company, bank or to any other person. The Seller accepts no liability whatsoever for any such debt or borrowing unless disclosure has been made by the Buyer in accordance with the Clause.

 

  1. TERMINATION
  • The seller shall be entitled to terminate the contract without liability to the Buyer by giving notice to the Buyer at any time if:
  • The Buyer becomes bankrupt or makes any voluntary arrangement with its creditors (within the meaning of the insolvency Act 1986) or has execution levied against it or (being a company) becomes subject to administration or enters liquidation (otherwise than for the purpose only of amalgamation or reconstruction) or
  • An encumbrancer takes possession, or a receiver is appointed over any of the Buyers property or assets; or
  • The Buyer ceases, or threatens to cease to carry on business; or
  • The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
  • If the Seller shall exercise its right to terminate the contract in accordance with this Clause in circumstances where the Goods and/or Services have already been delivered the seller shall be entitled to cancel or suspend any further deliveries under the contract without any liability deliveries under the contract without any liability to the Buyer and if the Goods and/or services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.

 

  1. GENERAL
  • The Order is personal to the Buyer and the Buyer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract.
  • Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party as its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
  • No waiver by the seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
  • Any dispute arising under or in connection with these Conditions or the sale of Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society of England and Wales
  • The Contract shall be governed by the laws of England and Wales.

Plant Hire

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 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
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, 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:
INSPECTION REPORTS
(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
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 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
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, 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.
Copyright CPA

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
or injury:
(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
his agent,
(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
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 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.
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.
(b) 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.
(c) Breakdown time in respect of such periods shall be allowed for not more than
the Working Day less the actual hours worked.
(d) 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.
(e) 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.
(f) 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.
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 the Plant is actually worked.
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 THE HOUR FOR A MINIMUM
OF 39 HOURS PER WEEK
The full hire for the minimum period in the Contract will be charged and an additional
pro rata charge will be made for hours worked in excess of such minimum period.
Allowance will be made for breakdowns up to 8 hours except on Fridays when the
allowance will be up to 7 hours providing always that where the actual hours worked
are in excess of the minimum period less breakdown time, the actual hours worked
shall be chargeable. Idle time for this purpose shall be treated as actual working time.
The minimum Working Week of 39 hours shall be reduced by 8 hours Monday to
Thursday and 7 hours Friday for each Holiday Period occurring in such Working
Week, provided that the Plant is not in use during such Holiday Period.
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. COMMENCEMENT AND TERMINATION OF CONTRACT
(TRANSPORT OF PLANT)
(a) 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 but an
allowance shall be made of not more than one 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 one 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) 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.
(c) 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.

Copyright CPA

24. HIRER’S LIABILITY DURING THE NOTICE OF TERMINATION OF
CONTRACT
a) Where the Hire Period is indeterminate or having been defined becomes
indeterminate the Contract shall be terminable by seven 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
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 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 day notice, the Hirer’s
obligations under clause 13 shall continue for a further 3 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.
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(e). 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 his home will 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 GREASE
Fuel, oil and grease shall, when supplied by the Owner, be charged at net cost or an
agreed estimate of net cost, and when supplied by the Hirer, shall be of a grade or
type specified by the Owner. The Hirer shall be solely responsible for all damages,
losses, costs and expenses incurred by the Owner if the Hirer uses the wrong fuel,
oil or grease.
29. SHARPENING OF DRILLS/STEELS ETC.
The cost of re-sharpening or replacement of drill bits, blades 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 his 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 relevant regulations issued
by the Government or Local Authorities, including regulations under the
Environmental Acts, Factories Acts, Health and Safety at Work, etc. Act and
observance of the Road TrafficActsshould 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) The Hirershall indemnify the Owner against any charges or finesthat the Owner
may become liable for as a result of the operation of the Plant during the Hire
Period.
33. PROTECTION OF OWNER’S RIGHTS
(a) 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.
(b) 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;
(ii) The Hirer fails to observe and perform the terms and conditions of the
Contract;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall
suffer, any distress or execution to be levied against him;
(iv) The Hirer makes or proposes to make any arrangement with his 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.
(c) In the event of termination under sub-paragraph (b) above:
(i) The Hirer must give the Owner or his 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.
(d) The rights under sub-paragraph (b) and (c) 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.
(e) 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 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.
34. 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(c) and (d), 20 and (in regard to breakdown allowance and
reduction forstatutory 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.
35. DISPUTE RESOLUTION
(a) 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. If the original site is not situated within the United
Kingdom, then the relevant jurisdiction and interpretation of the law of the
Contract will be governed by the country where the Owner’s head office 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 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.
36. 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.
37. 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.

Demonstrations

Demonstration Terms & Conditions

 

On returning the demonstration form you accept the terms & conditions on which we agree to loan you the demonstration machine(s) and any attachments. Please read the following terms and conditions carefully. If there is anything you do not understand please do not hesitate to contact us.

 

  • Definitions

“We”, “us”, “our”; the company BPMS.

“You”, “Your”; the customer

 

  • General Demonstration Information
    • No demonstration machine will go anywhere without a demonstration request form being received by us and signed by you along with a copy of your insurance
    • A BPMS representative must be present at the beginning of any demonstration, we will contact you to organise demonstration assistance.
    • The loan of the machine and attachments is entirely at our discretion, in mutual co-operation with you. No monetary transactions are to be involved with either you or us and respective employees.

 

  • Demonstration Period
    • Demonstration duration; maximum five days to any one customer

 

  • Costs, Service & Maintenance
    • A full machine appraisal to be carried out by the customer on receipt of the machine.
    • Any damages found, have to be reported to us immediately.
    • All damages sustained whilst the machine is in your possession is at your own liability and any costs associated with repair will be invoiced and payment required upon receipt of invoice.
    • A daily check must be carried out – instructions in the cab of the machine.

 

  • Insurance
    • From the moment of receipt you will insure all machinery and attachments on a fully comprehensive basis against all risks including, but not limited to road traffic act risks and will have our interest as owner endorsed upon such policy with a provision requiring any payment under the policy to be paid directly to us. You will produce to us any evidence of such insurance and payment of premiums, if required.
    • In consideration of us allowing you the use of machinery and attachments, being the property of BPMS, you will not permit any deterioration to take place. You accept any and all liability for any damage caused to the machinery, to people or any property whilst being used on your behalf and keeping. You will fully indemnify the company against any direct or indirect loss or damage and any third party risks involved whilst this machine and any equipment are in your possession.