TERMS & CONDITIONS OF HIRE WITH D R SERVICES LTD

DEFINITION

*OWNER – D R Services Ltd

*HIRER – the company, firm, person or public authority taking the Owner’s Plant on hire and includes their successors or personal
representatives.

*GOODS – all classes of plant and machinery, which the Owner agrees to hire to the Hirer.

*CONTRACT – terms which incorporates these conditions made between the Customer and the Supplier for the hire of Goods

*DEPOSIT – advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier – THIS IS NOT A FORM OF INSURANCE

*RATES – the Owner’s current standard rates unless otherwise agreed.

*HIRE PERIOD – the period commencing when the Customer has possession of goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon completion of off hire request

*LIABILITY – responsibility for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses

*SERVICES – work (if any) to be performed by the Supplier for the Customer in conjunction with the hire including any delivery and collection service

TERMS OF CONTRACT

CHARGES

* The goods are hired to the Hirer subject to these terms and conditions.

*The Hirer agrees to pay the hire charges which will commence from the time and at the current hire rates and continue until the Plant is returned to or collected by the Owner or a telephone off-hire is made and confirmed with the owner.

*The hirer agrees to pay the delivery & collection rate as confirmed on booking if applicable

*The hirer agrees to pay any fuel costs if goods are returned with depleted levels

PAYMENT TERMS

*All charges are payable on demand except that payment terms for authorised credit customers are 30 days net from the date of invoice.

*The Owner shall be entitled to charge interest at the rate of 2% per month from the due date to the date of settlement. Should the Hirer fail to settle any invoice by the due date other than for a valid reason, then all other invoices become payable immediately by the Hirer.

LOADING & UNLOADING OF GOODS

*The Hirer shall be responsible for loading and unloading the Plant at the owner’s premises.

*The Owner’s Employee shall be responsible for loading and unloading the goods at hirers site, on delivery the goods become the responsibility of the hirer once goods are unloaded

ADVICE

*If the Owner or any of the Owner’s Employees give any Advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted.

*The onus is on the Hirer to verify the accuracy and or appropriateness of such advice and to accept or reject accordingly.

*If any such Advice is given it is given on the basis that no legal liability shall attach to the Owner or any of the Owner’s Employees. The Hirer shall fully and completely indemnify the Owner and the Owner’s Employees against all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from the giving of such Advice whether arising under statute or common law or from the negligence or breach of duty or other wrongful act of omission of the Owner or any of the Owner’s Employees.

RESPONSIBILITY OF PERSON SIGNING

*The person signing on delivery of goods warrants that he has the authority of the Hirer to make the contract on the Hirer’s behalf. *The Owner shall be entitled to treat the Hirer as contractually bound by these terms and conditions unless the Hirer can demonstrate that there were no reasonable grounds for the Owner to believe that such person had authority to bind the Hirer.

DELIVERY IN GOOD ORDER

*The person signing on delivery has been afforded an opportunity to inspect the goods which is deemed to be in good working order and wholly free from damage at the time of signature.

*If the goods have been accepted on site by the Hirer, the goods are also deemed to be in good working order and wholly free from damage at the time of delivery.

*Any issues with goods delivered must be reported to owner as soon as discovered to enable the owner to rectify

LOST, NON-RETURNED, DAMAGED OR UNCLEAN GOODS

*The Hirer must immediately notify both the Owner and the police of any loss or theft of goods.

*When goods are not returned or are returned incomplete the liability of the Hirer shall only cease when the Hirer pays to the Owner the manufacturer’s current list price for the missing or incomplete item. In the event that Plant is manufactured to the Owner’s design the cost of the missing or incomplete item is the current price charged by the Owner to a customer who wishes to purchase that item.

*The Hirer agrees to pay to the Owner all costs incurred by the Owner in rectifying any condition of the goods if returned damaged unclean or incomplete. Hire charges will continue until such rectification is complete.

MAINTENANCE OF PLANT AND BREAKDOWN PROCEDURES

*The Hirer shall ensure that the goods remain safe, serviceable and clean. Any breakdown or any unsatisfactory working of goods must be immediately notified to the Owner.

*Under no circumstances shall the Hirer repair the Plant, unless authorised by the Owner.

SAFE USE OF THE PLANT

*The Hirer confirms that they have the necessary knowledge and experience to operate and use the goods.

*The Hirer will not misuse the goods.

*The Hirer will not allow any person to use the Plant who is not properly instructed in its use and will ensure that all applicable health and safety rules and regulations are observed.

SECURITY OF THE PLANT

*The Hirer shall not sell or otherwise part with possession and/or control of the goods and shall remain responsible for the goods and their safekeeping during the hire period.

*Goods must not be removed without the authority of the Owner from the site specified by the Hirer if the goods are collected by the Hirer, or from the address to which the Owner has delivered the goods.

*The Hirer shall keep the site at which the Plant is located safe and secure.

ACCESS AND GROUND CONDITIONS

The Hirer is responsible for the provision of free and suitable access to and from the site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the erection, operation and dismantling of the goods.

*No responsibility will be accepted by the Owner for damage to any surface over which the goods have been moved to reach its intended position of use and the Hirer should therefore, take steps to protect surfaces before delivery of goods.

HIRER’S RESPONSIBILITY TO THIRD PARTIES

*The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the goods supplied by D R Services Ltd and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees.

CONSEQUENTIAL LOSSES

*The Owner shall not be liable for any consequential expenses, liabilities, losses, claims or proceedings whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability or repossession of the Plant, or any breakdown or defect in the Plant.

INSURANCE AND NOTIFICATION OF ACCIDENTS

*The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the goods.

*The Hirer shall produce on demand to the Owner a copy of the policy or policies.

*If the Plant is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owner by telephone or person.

*The Hirer shall not admit any liability or compromise any claim relating to the goods without the consent in writing of the Owner.

RIGHT OF ACCESS

*The Hirer shall allow the Owner access to the Plant at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.