The following terms govern the hire of any equipment from us:
1. DEFINITIONS AND LAW
The item(s) you have hired are hereinafter referred to as the Plant. TOOL & PLANT SERVICES, is the Owner or Bailor of the Plant and is hereinafter referred to as the Owner. The customer is hereinafter referred to as the Hirer. The Law of Scotland shall govern the rights and obligations of the parties to this contract; the construction of the same, and, so far as possible. All other matters arising out of or connected with, the making, execution and termination of the same.
2. BASIS OF CHARGING
The Hirer will pay the hire charges shown on their contract which will commence from the time and at the rate(s) shown and continue during the term until the Plant is restored to the Owner in clean and serviceable condition against the Owner’s receipt. All charges are payable on demand. All time is chargeable, i.e. including Saturday, Sunday, Bank Holidays etc.
3. CARRIAGE CHARGES
Hire charges do not include carriage and any expenses incurred by the Owner in delivering, recovering Plant or attempting same will be paid by the Hirer. Where carriage charges are quoted by the Owner, such charges will include a charge for a maximum of 30 minutes attendance by the Owner’s vehicle at the address specified by the Hirer. Further time will be paid for by the Hirer.
4. MAXIMUM PERIOD OF CONTRACT (If Hirer is not a Limited Company) If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company then the contract will terminate not later than 3 months from the commencing date. In which circumstances the Hirer shall on the eve of the last day of the said 3 months restore the Plant to the Owner. Plant not restored to the Owner will be subject to detinue charges.
5. EXTENT OF CONTRACT
The contract commences when instructions have been received from the Hirer and accepted by the Owner and terminates when all parties have discharged their contractual obligations. The Plant is hired out subject to the terms overleaf and herein set out.
6. RESPONSIBILITIES OF PERSON SIGNING
The person signing the contract warrants that he/she has authority of the Hirer to make this contract on the Hirers behalf. The said person hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner if this is not so. The said person hereby acknowledges that they have been instructed in the operation and use of the Plant. The said person and the Hirer jointly and severally hereby undertake to ensure that no one uses the Plant who is not properly instructed and shall not allow the Plant to be misused.
7. WHEN SIGNATURE BECOMES OPERATIVE
Where for administrative convenience, the Hirer is requested by the Owner to sign a contract and/or delivery note before the goods are handed over the Hirer agrees to examine the goods at the time of the physical handover and the effect of such signature will not become operative until immediately after the physical hand over.
8. RESPONSIBIUTY OF FIRER – Loading and Unloading
The Hirer shall be responsible for loading and unloading the Plant at the address specified by the Hirer, and likewise at the Owners premises when transported by the Hirer, or his agent, and any person supplied by the Owner shall be deemed to be an employee of the Hirer at such times.
9. THE HIRER’S RESPONSIBIUTY
The Hirers responsibility commences on receipt of the Plant or on delivery as requested and ends when the Hirer is in possession of the Owners unqualified receipt for all the Plant. The Hirer agrees that he will not sell or otherwise part with control of the Plant.
10. HIRERS RESPONSIBIUTY – Third Party
The Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, Lability, loss, claim or proceeding whatsoever in respect of any personal injury whatsoever. (including but not without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Plant) arising out of or in connection with or consequent upon the hire, delivery, use. misuse, non-use, repossession, collection, return or non• return of the Plant or any part thereof.
11. ELECTRICAL EQUIPMENT
Where the Plant comprises electrical equipment in part or in whole the same should normally be used with plugs and/or sockets as fitted but it temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition. Under no circumstances should electrical Plant be used without it being correctly earthed unless it is of double insulated construction
12. MAINTENANCE OF PLANT & BREAKDOWN PROCEDURES
The Hirer shall keep themselves acquainted with the state and condition of the Plant and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised by the Owner. Such Plant must be returned to the Owner’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carnage if required by the Owner.
13. REMOVAL OF PLANT
Plant must not be removed from the site specified by the Hirer when the Plant was collected, without the authority of the Owner, or from any subsequently authorised site, or from the address to which the Owner delivered the Plant.
14. CONSEQUENTIAL LOSS
The Owner shall not be liable for any consequential expense, liability, loss, claim or proceeding, whatsoever caused by, or, arising out of the late delivery, non-delivery, unsuitability, or repossession of the Plant, or any part thereof or any breakdown, or stoppage of the same.
Nothing in this clause shall apply in consumer contracts to cases where there is a breach of the implied terms that the goods hired shall be of merchantable quality and fit for the purpose for which they are hired within the meaning of sections 9(2) and 9(5) of the Supply of Goods and Services Act 1982.
15. LOST, NON-RETURNED, DAMAGED OR UNCLEAN PLANT
When the Plant is lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the Manufacturer’s recommended selling price. The Hirer agrees to pay to the Owner all costs Incurred by the Owner in rectifying the condition of Plant returned damaged or unclean. Hire charges will continue until such rectification is complete.
16. TERMINATION OF HIRE
The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and to repossess the Plant or any part thereof.
17. RIGHTS OF ACCESS
The Hirer hereby authorises the Owner (upon production of this document) to enter upon any premises wherein the Owner reasonably believes any Plant, or any part thereof to be, and if, and in so far as, the Owner in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
18. SEPARATE TERM VAUDITY
Should any term in this contract be had to be invalid such invalidation will not affect the validity of the remaining terms.