Terms & Conditions

Mason Woodchippers Terms And Conditions For The Hire Of Plant.

1. DEFINITIONS

The “Contract” is the Contract between Mason Woodchippers (the Owner) and the Hirer for the hire of the Plant, which incorporates the Offer and is governed by these conditions. The “Hire Period” shall commence from the agreed time of collection or when the Plant leaves an Mason Woodchippers depot and shall continue until the Plant is received back at an Mason woodchipper depot or other agreed location. For the avoidance of doubt the Hire Period includes the time Plant is left on site over a Weekend or Holiday Period.

(a) 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 and direct employees.

(b) “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.

(c) The “Owner” is the Company, firm or person letting the Plant on hire and includes their successors, assignees or personal representatives.

(d) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles, equipment, trailers, accessories, and any ancillary items, vehicles or equipment, 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.

(e) A “Working Day” shall be from 8.00 am to 5.00 pm.

(f) A “Working Week” covers the period from 8.00 am on Monday to 5.00pm on Friday, unless otherwise specified.

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.

3. ACCEPTANCE OF PLANT

Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing. This includes that the Hirer received familiarisation specific to the plant hired, shown the basic operation, safe use and daily checks/maintenance (including supply of fuel, oils, grease and water) to be carried out by the Hirer. Also that the Plant is in good working order and all blades/cutters were sharp. The plant was fully fuelled. Any defects must be pointed out at delivery/collection and noted on the contract at hand over.

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 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, 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. The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturers rated capacity and in accordance with the manufacturers and/or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order.

(b) The Hirer shall at all times when hiring Plant take all reasonable steps to keep himself acquainted with the state and condition of the Plant. If such Plant is used use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether arising directly or indirectly.

(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) 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

The Hirer shall not allow any other person to operate such Plant without the Owner’s prior written consent.

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 in accordance with the terms of the Contract.

(c) The Hirer shall not (except for the changing of any tyre and repair of punctures or refitting of slipped track and lighting system), 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. 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”), 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.

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 through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time.

12. LIMITATION OF LIABILITY

Except for liability on the part of the Owner which is expressly provided for in the Contract (including these clauses): 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.

(a) 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

(b) 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.

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 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 until full payment for the loss or damages has been made by the hirer.

(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 where the Plant is in transit by transport of the Owner or as otherwise arranged by the Owner,
(ii) After the Plant has been removed from the site and is in to the Owner by transport of 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. “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.

17. COMMENCEMENT AND TERMINATION OF CONTRACT

(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 . The Hirer must obtain an “off hire “number before 14.00 on the day which the Hirer wishes to terminate the contract as confirmation. Please note this on any further correspondence.

(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.

(d) Late returns outside of the normal working day will incur an additional charge of £35 (per half hour)

18. FUEL, OIL AND GREASE

Fuel, oil and grease shall, when supplied by the Owner will be charged, 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.

19. SHARPENING OF BLADES, TEETH ETC

No cost of re-sharpening or replacement of blades, teeth shall be borne by the Hirer unless excessive wear and tear is evident or they have exceeded the service hours set out by the manufacturer of the cutters. However mileage charges to site will be borne by the Hirer.

21. OWNER’S NAME PLATES

The Hirer shall not remove, deface or cover up the Owner’s name plate or place any mark on the Plant indicating that it is his property.

22. 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.

23. 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 Act and observance of the Road Traffic Acts should they apply.

(b) The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Plant during the Hire Period.

24. 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 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 immediately 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.
(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.

(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.

25. DISPUTE RESOLUTION

(a) 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.

26. 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.

27. 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.