Terms & Conditions

ACLAND PLANT HIRE Terms and CONDITIONS

 

Definitions:

“Owner”: The “owner” is the company (Acland Plant Hire Ltd)

“hirer”: The “hirer” is the customer, company, firm or person, corporation or public authority taking the “owner’s” plant on hire.

“Plant”: “Plant” covers all classes of plant, machinery, equipment and accessories which the “owner” agrees to hire to the “hirer”. Including plant they own or have cross hired.

“Off hire”: “Off hire” is when the “plant” has been finished with and ready for collection.

Machines are hired under C.P.A. model conditions in conjunction with the following:

  1. Delivery notes to be signed by an authorised person on delivery. If this is not possible we will take it that when ordering the machine that you have checked our hire conditions and you have agreed to abide by them. Use of “plant” will be deemed as acceptance of the“plant”, its condition and our hire conditions.
  2. Insurance of all self-drive hired “plant” and equipment is the responsibility of the “hirer”, your responsibility does not stop when you phone your “off hire” through, it’s your responsibility until the “plant” and equipment has been collected by Acland Plant Hire from site or returned to Acland Plant Hire’s yard.
  3. Any damage to the “plant” will be charged if the “plant” has to be withdrawn from hire, the hire rate will continue until the “plant” is repaired or settlement of replacement value is received in full.
  4. Retrieval of “plant” from: wet ground, steep slopes, sea and accident damage etc. will be charged to the “hirer”.
  5. It is the “hirer’s” responsibility to check and maintain oil, water, Adblue, fuel levels and tyre pressures, and grease the machine. Please inform us on delivery if the grease gun is not present on the machine at the time of the delivery.
  6. “Plant” requiring Adblue – it is the hirer’s responsibility to keep levels up and if Adblue is required this must be of a good quality and clean. Adblue can be purchased from Acland Plant Hire’s yard if necessary.
  7. Punctures and tyre damage to “plant” on self-drive will be the responsibility of the “hirer” to get repaired or replaced.
  8. Punctures and tyre damage on operated plant are the “hirer’s” responsibility to get repaired, we the “owner” will continue to charge the machine and operator hours whilst this is being done.
  9. On operated plant it is the “hirer’s” responsibility to locate, expose and protect any services, structures etc. Above and below the ground level before excavation work can begin, no responsibility will be accepted by the “owner”.
  10. Off hires of “plant” must be phoned into the office before the hire is finished in order to obtain an off hire number (email alone not accepted). We do not take advance verbal off hires at the time of booking. Any resulting aborted collections will be chargeable.
  11. All advice is given for guidance only, no responsibility or legal liability will be accepted by us. It is the responsibility of the “hirers” to accept or reject or check the validity from other sources.
  12. All weights and dimensions either quoted or obtained from our web page are for guidance only and are as accurate as possible but no guarantee can be offered regarding their accuracy.
  13. Access to “plant” needs to be made possible at all reasonable times for us, or our fitters to check, carry out repairs or exchange “plant” etc.
  14. Self-drive “plant” hire can be charged on a daily or weekly basis and is based on a 10 hour working day during a calendar day. Hire period for weekly self-drive is based on 50 hours per week, which can be spread over 7 consecutive days, extra hours will be charged for. If the hire exceeds a week it will be based on additional weeks or additional days being charged at a percentage of the weekly rate (e.g. 1 extra day = 20% of the weekly rate). Basis of weekly charge is: 5 paid days followed continuously by 2 free days.
  15. On self-drive hire, “plant” is to remain on the site address given to us, or that we have delivered to. We are to be notified if the “plant” is to be moved to a different location.
  16. Containers purchased from Acland Plant Hire Ltd by all customers require payment in full prior to delivery. Goods remain the property of Acland Plant Hire Ltd until paid for in full.
  17. Terms 28 days from invoice date for account holders or for non-account holders we will require payment in advance, accounts not used within the last 6 months will be asked for the payment in advance also. Accounts overdue will be charged at 2% per month or part of.
  18. If debts / invoices are not paid we will instruct a solicitor and / or debt collector and all costs incurred will be added to your debt.
  19. We request that you the “hirer” or representative should be available on delivery and collection whilst delivery and collections of “plant” are being carried out. No responsibility will be accepted by us for any surfaces being travelled over or what is on, above or under them when getting in and out of the site, it is up to the “hirer” to protect and clear these areas. Our driver will be working for you under your instruction and guidance, should you the “hirer” not be in attendance upon delivery or collection then all the above conditions still apply.
  20. Acland Plant Hire’s vehicles or vehicles hired in to Acland Plant Hire being instructed off the public highway do so at the “hirer’s” risk.
  21. All our “plant” supplied runs on white diesel, regardless of your use. Any contamination caused whilst on hire to the “hirer” will incur charges to drain the system, flush through, fit new filters and refill the tank etc.
  22. “Plant” is only to be operated by competent operators, preferably C.P.C.S. card holders or experienced operators with a responsible attitude to health and safety.
  23. All “plant” is manually filled with fuel & Adblue up to the top of the filling pipe of the tank; we do not go by any gauges, as there can be a considerable difference between them. This needs to be the same when “plant” is returned into the yard, or the difference will be charged.
  24. The “hirer” is responsible for the plant he/she hires, if he/she loans, does a favour or anything else he/she is still responsible. The machine when off hired will come back to our yard to be checked, it will not go from one hire to the next.
  25. The “hirer” is to be indemnified fully and completely regards claims by anyone regarding injuries, death, loss, damage to property however caused and cost and charges arising from and in connection with the use of the “plant” whether or not arising under statute or common law or from negligence or breach of duty or wrongful act or omission of the “owner” or employees.
  26. The “owner” shall not be liable for any consequential expenses. Liabilities, losses, claims or proceedings whatsoever caused by or arising from late delivery, no delivery, unsuitability of “plant”, breakdowns or defect of “plant”.
  27. Insurance: It is the “hirer’s” responsibility to insure all plant hired from Acland Plant Hire and 3rd party risk, a copy may be asked to be seen andphotocopied for our records, we are to be informed immediately of any change in your insurance and if and when an accident occurs, if this does happen no admission of any liability for anything to be given.
  28. If any conditions in law are deemed as invalid it will only invalidate that condition and all the others will still be valid.
  29. No alterations or additions are to be made to the “plant” whether temporary or permanent.
  30. The “hirer” sends the “plant” out in good condition, it does not guarantee that it is the correct “plant” for the job.
  31. If the “plant” develops a fault of any type it is the duty of the “hirer” to inform the “owner” of this and a fitter will be sent as soon as possible to fix or arrange a replacement item of “plant” as soon as possible.
  32. The “hirer” shall not remove, deface or cover up the “owner’s” name plate or mark on the “plant” that is hired under his / her name.
  33. Sharpening of drills/steels/blades etc: the cost of re-sharpening shall be borne to the “hirer”.
  34. Bristle / brush wear on self-drive: the wear will be charged to the “hirer”.
  35. “Plant” returned from hire in an excessively dirty condition i.e. mud, concrete etc. will be charged extra for cleaning. We ask all “plant” to be returned in the condition it was sent out in.
  36. Transport to and from site of “plant” is not inclusive in the hire rate; this is available if required as a chargeable service.
  37. All prices quoted are in £ sterling and will be subject to VAT at the current rate.
  38. The “owner” reserves the right to cease the hire and retrieve the “plant” at any time should the “owner” have reason to.
  39. Operated plant: hours signed for will be the hours charged.
  40. Operated daily: hours charged will be inclusive of travelling to and from site.
  41. Operated plant for more than a day: hours charged will be inclusive of travelling to and from site on the first and last day.
  42. All the above terms and conditions are not to be altered or overridden by the “hirer’s” conditions in any way.