hydraulic hammer hire uk&Ireland
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Terms and Conditions of Sale and Hire

Terms and Conditions of Sale

Terms and Conditions

  • GENERAL
  • The Terms and Conditions of Sale outlined herein (hereinafter referred to as ¡°the Contract¡±) shall apply to the sale by Hydraulic Hammer Hire Limited (hereinafter referred to as ¡°the Company¡±) to the person, firm or company to whom the Company¡¯s offer is made (hereinafter referred to as ¡°the Purchaser¡±) of products, equipment and parts relating thereto (hereinafter referred to as ¡°the Equipment¡±). Unless otherwise agreed in writing by the TERMS AND CONDITIONS SHALL PREVAIL OVER ANY TERMS PUT FORWARD BY THE PURCHASER, UNLESS THE COMPANY AGREES TO THEM EXPRESSLY IN WRITING. NO CONDUCT BY THE COMPANY SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY TERMS PUT FORWARD BY THE PURCHASER. Unless otherwise agreed between the parties, the Terms of Payment are net cash within thirty days of invoice date. Unless otherwise agreed, all prices shall be Ex Works prices ruling at the date of despatch. Nothing in this Contract shall affect the statutory rights of a consumer. The Company reserves the right to charge interest at 5% over Base Rate, from time to time, of Bank of Scotland plc on all overdue accounts, such interest shall accrue on a day to day basis. If payment is agreed to be made by instalments, in the event of default in payment of any one instalment, all other sums payable under the Contract shall become due. If any clause of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the other clauses of the Contract and the remainder of the clause in question shall not be affected thereby. Any error of any kind whatsoever in any invoice of the Company shall be notified to the Company within seven (7) days of receipt of such invoice by the Purchaser. Failure to notify as herein required shall mean that the Purchaser is deemed to accept that the invoice is correct in all respects.
  • TITLE
  • Until payment in full has been made of all sums due to the Company under the Contract (or in the case of the Company accepting any cheque bill of exchange or promissory note, until the same has been honoured) the property in the Equipment supplied by the Company, even if affixed to other goods of the Purchaser or a third party, shall remain in the Company. If necessary the Company shall have the right to enter onto the Purchaser¡¯s premises to recover the Equipment or any part of it.
  • RISK
  • Notwithstanding that the property in the Equipment may not have passed to the Purchaser as provided in Condition 2 hereof the risk in the Equipment shall pass to the Purchaser at the time of first tender of delivery to the Purchaser, his agent or carrier. In the event of any shortages, defects, damage or other errors whatsoever in the Equipment existing at the time of delivery, they shall be notified to the Company within two (2) days after delivery of the Equipment in accordance with Condition (5). Strict compliance with this requirement is a condition precedent to the Company being liable in accordance herewith.
  • ASSIGNMENT
  • Neither part shall assign or transfer this contract without the prior written consent of the other party, except that the Company may assign or transfer the Contract for the purposes of internal reorganisation. The company shall, in addition however, be permitted to assign or transfer without the prior written consent of the Purchaser the Company¡¯s right to receive all or any portion of the payment due from the Purchaser under the Contract.
  • SET OFFS
  • Neither the Purchaser nor any affiliated company or assignee shall have the right to claim compensation or to set off any claims against any amounts which become payable to the Company under the Contract or otherwise.
  • WARRANTY
  • The warranty period for all new (unused) products sold by the Company is 6 months from Date of Delivery to the Purchaser unless specifically agreed in writing by the Company and such signed by an officer of the Company.
  • LIMITATION OF LIABILITY
  • THE REMEDIES OF THE PURCHASER SET FORTH HEREIN ARE EXCLUSIVE AND THE TOTAL LIABILITY OF THE COMPANY WITH RESPECT TO THIS CONTRACT OR THE EQUIPMENT AND SERVICES FURNISHED HEREUNDER, IN CONNECTION WITH THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE DELIVERY, INSTALLATION, REPAIR OR TECHNICAL DIRECTION COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER BASED ON CONTRACT WARRANTY TORT NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT OF EQUIPMENT UPON WHICH SUCH LIABILITY IS BASED. THE COMPANY AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE PURCHASER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS CONTRACT FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT, OR ANY BREACH HEREOF OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE EQUIPMENT SUPPLIED HEREUNDER WHETHER BASED UPON LOSS OF USE, LOST PROFITS, REVENUE OR INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION. COST OF PURCHASE OF REPLACEMENT, POWER OR CLAIMS OF THE PURCHASER OR CUSTOMERS OF THE PURCHASER FOR SERVICE INTERRUPTION WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
  • NUCLEAR LIABILITY
  • In the event that the Equipment sold hereunder is to be used in a nuclear facility, the Purchaser and/or Owner of the facility hereby releases and agrees to indemnify the Company and its suppliers for any nuclear damage, occurring on site or off site, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due in whole or in part to the negligence or otherwise of the Company or its suppliers.
  • GOVERNING LAW
  • The rights and obligations of the Purchaser and the Company shall be governed and construed in accordance with the Laws of England or Scotland and the Purchaser submits (such jurisdiction to be decided by the Company) to the exclusive jurisdiction of the said Courts.
  • EXECUTION
  • The Company shall not be bound by any contract or any modification thereto until approved in writing by an officer of the Company. The Contract when so approved, shall supersede all previous communications, either oral or written.

Terms and Conditions of Hire

  • DEFINITIONS
  • (a) The ¡°Owner¡± is the Company, firm or person letting the plant on hire and includes their successors, assigns or personal representatives. (b) 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. (c)¡°Plant¡± covers all classes of plant, machinery, equipment and accessories thereof which the Owner agrees to hire to the Hirer. (d) A ¡°day¡± shall be 8 hours unless otherwise specified in the Contract. (e) A ¡°working week¡± covers the period from starting time on Monday to finishing time on Friday. (f) 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 equal.
  • EXTENT OF CONTRACT
  • No conditions other than specifically set forth in the Offer and Acceptance and herein shall be deemed to be incorporated in or to form part of the Contract.
  • ACCEPTANCE OF PLANT
  • Acceptance of the plant on site implies acceptance of all terms and conditions herein unless otherwise agreed in writing.
  • UNLOADING AND LOADING
  • The Hirer shall be responsible for unloading and loading the plant at site and any personnel supplied by the Owner shall be deemed to be under the Hirer¡¯s control and shall comply with all directions of the Hirer.
  • 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. The Hirer shall be responsible for its safekeeping, use in a workmanlike manner within the Manufacturer¡¯s rated capacity and return on the completion of the hire in equal good order. (b) The Hirer shall when hiring plant without Owner¡¯s operator or driver take all reasonable steps to keep himself acquainted with the state and condition of the plant. If such plant be continued at work or in use in an unsafe and unsatisfactory state the Hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising therefrom. (c) The current 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 hire.
  • 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 possible, such work will be carried out at times to suit the convenience of the Hirer.
  • HANDLING OF PLANT
  • When a driver or operator is supplied by the Owner with the plant, the Owner shall supply a person competent in operating the plant and such person shall be under the direction and control of the Hirer. Such drivers or operators 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 12) who alone shall be responsible for all claims arising in connection with the operation of the plant by the said drivers or operation. The Hirer shall not allow any other person to operate such plant without the Owner¡¯s previous consent to be confirmed in writing.
  • BREAKDOWN, REPAIRS AND ADJUSTMENT
  • (a) When the plant is hired without the Owner¡¯s driver or operator any breakdown or the unsatisfactory working of any part of the plant must be notified immediately to the Owner. Any claim for breakdown time will only be considered from the time and date of notification. (b) Full allowance will be made to the Hirer for any stoppage due to breakdown of plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination of 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 repair the plans without the written authority of the Owner. Allowance for hire charges and for the reasonable cost of repairs will be made by the Owner to the Hirer where repairs have been authorised. (d) The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner 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 during the period the plant is necessarily idle due to such breakdown or damage. The Owner will be responsible for the cost of repairs to the plant involved in breakdowns from all other causes and will bear the cost of providing spare parts.
  • OTHER STOPPAGES
  • No claims will be admitted (other than those allowed for under ¡°Breakdown¡±, as herein provided), for stoppages through causes outside the Owners control. Including bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any plant from soft ground.
  • LOSS OF USE 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 hired together as a unit, such item shall be deemed a unit for the purpose of breakdown.
  • CONSEQUENTIAL LOSSES
  • Save in respect of the Owners liability if any under Clauses 5, 7 and 8 the Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising through any cause beyond his control..
  • 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 5, 7 and 8 of this agreement. (b) During the continuance of the hire 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 and except as provided in Clause 8 herein, and shall also fully and completely indemnify 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 use of the plant and in respect of all costs and charges 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 settlement has been effected. (c) Notwithstanding the above the Owner shall accept liability for damage, loss or injury due to or arising (i) prior to delivery of any plant to the site of the Hirer where the plant is in transit by transport of the Owner or as otherwise arranged by the Owner. (ii) during the erection of any plant, where such plant requires to be completely erected on the site, always provided that such erection is under the exclusive control of the Owner or his Agent. (iii) during the dismantling of any plant, where plant requires to be dismantled after use prior to removal from site, always provided that such dismantling is under the exclusive control of the Owner of his Agent. (iv) After the plant has been removed from the site and is in transit on to the Owner by transport of the Owner.
  • NOTICE OF ACCIDENTS
  • 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 and confirmed in writing to the Owner¡¯s office, and in respect of any claim not within the Hirer¡¯s agreement, for indemnity, no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner¡¯s consent in writing.
  • RE-HIRING ETC.
  • The plant or any part thereof shall not be re-hired, sub-let, or lent to any third party without the written permission of the Owner.
  • CHANGE OF SITE
  • The plant shall not be moved from the site to which it was delivered or consigned without the authority of the Owner, such authority to be confirmed in writing.
  • RETURN OF PLANT FOR REPAIRS
  • If during the hire period the Owner decides that urgent repairs to the plant are necessary he may arrange for such repairs to be carried out on site or any location of his nomination. In that event the Owner shall be obliged to replace the plant with similar plant if available, the Owner paying all transport charges involved. In the event of the Owner being unable to replace the plant he shall be entitled to determine the Contract forthwith by giving reasonable notice to the Hirer.
  • BASIS FOR CHARGING
  • All plant is hired on the basis of a minimum hire period of one working week (as defined in Clause 1F) unless otherwise agreed in writing prior to commencement of hire and noted on the hire contract. Saturdays and Sundays will be charged extra pro rate to the weekly hire rate.
  • STOLEN PLANT ¨C POLICE NOTIFICATION
  • In the event that plant is stolen while under the control or direction of the Hirer, the Hirer must notify the Police immediately of such incident and a crime reference number must be obtained. The Owner must also be informed immediately and this crime reference number advised to the Owner.
  • COMMENCEMENT AND TERMINATION OF HIRE
  • 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 equal.
  • NOTICE OF TERMINATION OF CONTRACT
  • Where the period of hire is indeterminate or having been defined becomes indeterminate the Contract shall be determinable by seven days¡¯ notice in writing given by either party to the other (except in cases where the plant has been lost or damaged). In the event of the Hirer desiring to terminate this contract by telephone the Hirer will be issued with a¡± telephone off hire number¡°. This number must be retained for verification in the event of a dispute.
  • SHARPENING OF DRILLS/STEELS, ETC.
  • Where appropriate, the cost of re-sharpening shall be borne by the Hirer.
  • 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 equal to the site and return to named depot or equal on completion of the hire period.
  • GOVERNMENT REGULATIONS
  • The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorities including Regulations under the Factories Acts, Health and Safety at Work etc. Act and observance of the Road Traffic Acts should they apply, including the cost of Road Fund Licences and any insurances made necessary thereby, save that if an 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 and not the Hirer shall be responsible as aforesaid.
  • 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) If the Hirer make default in punctual payment of all sums due to the Owner for hire of plant or other charges of shall fail to observe and perform the terms and conditions of this Contract, or if the Hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangements with his creditors or being a Company, shall go into liquidation (other than a member¡¯s voluntary liquidation) or shall do or shall cause to be done or permit or suffer any act or thing put into jeopardy, this Agreement shall forthwith be terminated (without any notice or other act on the part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature) and it shall thereupon be lawful for the Owner to retake possession of the said plant and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this Condition shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under the Contract or damages for breach thereof.
  • ARBITRATION
  • If during the continuance of the Contract or at any time thereafter any dispute, difference or question shall arise between the Owner and the Hirer in regard to the Contract or the construction of these Conditions or anything therein contained or the rights or liabilities of the Owner of the Hirer such dispute, difference or question shall be referred pursuant to the Arbitration Act 1960, or the Arbitration (Scotland) Act 1894 as the case may be or any Statutory modification thereof to a Sole Arbitrator to be agreed upon the Owner and the Hirer and failing Agreement after one month of the dispute or disagreement arising appointed at the request of either the Owner or the Hirer by the President for the time being of the Institution of Mechanical Engineers.