Hire Agreement Terms & Conditions

WHEREBY IT IS AGREED:-

a. The Owner will let the Hirer take on hire the equipment specified in the Agreement. In so doing the Owner and the Hirer shall both contract hereunder as principals and not otherwise. The word “Equipment” used herein shall mean the machine, demountable body, storage container, trailer, semi-trailer supplied to the Hirer by the Owner under the terms of the Agreement and it shall include any extras or ancillary equipment and tools supplied therewith and all the component parts thereof whether in or on the Equipment together with all replacements or renewals of such ancillary equipment, tools or component parts as aforesaid.

b. The Hirer shall not sub-let or lend the Equipment to any third party, nor shall he sell, pledge assign, charge or otherwise encumber or part with the possession of or in any manner deal with or dispose of the Equipment (or any part thereof) or hold itself out as the owner of the Equipment. The Hirer shall be a mere bailee for the Equipment and no interest in it shall pass to the Hirer.

c. The Agreement constitutes the entire agreement between the parties hereto and no representations or understandings not specifically contained in this document will be binding upon either the Company or the Hirer and no statement written or verbal by servants or agents of the Company prior to the making of the Agreement shall vary its terms or conditions nor shall they be subsequently varied unless such variations are recorded in any document marked as being supplemental hereto and signed by a duly authorised signatory of the Hirer and by a director of the Company.

ORDERS AND CANCELLATIONS OF ORDERS

a. Once a written Agreement for the hire of the Equipment has been signed by the Hirer and accepted by the Owner it shall become a binding contract between the two parties.

b. In the event of the Hirer purporting to cancel the Agreement for the hire of the Equipment(s) which has been accepted by the Owner, the Owner will only release the Hirer from its obligations upon payment by the Hirer of a sum equal to all loss and/or damage suffered by the Owner. Furthermore, the deposit paid by the Hirer (if any) shall be forfeited and treated as a contribution towards the loss and/or damage suffered by the Owner without prejudice to the Owner’s right to recover from the Hirer such loss and/or damage which the Owner may suffer or incur by the Hirers default.

AGENCY

a. The driver or any other person instructed by the Hirer to collect or receive the Equipment shall for all purposes be deemed the Hirer’s duly authorised agent for the Hirer and that in so doing he (and where relevant his employer) shall remain liable under the terms of the Agreement and shall be jointly and severally liable with the Hirer for any claims arising in respect of the Agreement.

PERIOD OF HIRE

1. The period of hire shall be a minimum of one week and any part week arising upon the return of the Equipment shall be charged as a whole week.
2. The period of hire will not terminate until the equipment is restored to the Owner in a clean state and in full working order and until the Owner has issued a written receipt confirmed that the equipment has been returned as stated.
3. If collecting and returning the equipment to Platts Agriculture Limited registered address, the collection and return must be made between the hours of 10am and 4pm on the date of collection and date of return.
4. For hire with pre-arranged delivery and collection with our sister company Platts Transport Limited, the equipment must be clean and available for collection at 6am on the end date of this agreement.

CHARGES AND PAYMENT

a. The Hirer will pay the Owner via Direct Debit.

Unless otherwise agreed in writing between the Hirer and the Owner, payment for the hire shall be made in accordance with the terms of the Owners relevant invoice or quotation. Not withstanding the above, the Owner may at any time require the Hirer to make payment in advance of delivery/collection or to advance adequate security for the payment of all amounts due or to become due under the contract.

Without prejudice to any other rights hereunder the Owner shall at its discretion have the right to charge interest at the rate of 1.5% per month on any sum outstanding from the date on which payment became due up to the actual date of payment and both before and after any judgment for such sum

Payments should be made to: Platts Agriculture Limited and sent to Parkleigh Offices, Miners Road, Llay Industrial Estate as stated on the invoice.

USE AND OPERATION

a. The Hirer shall not permit the Equipment to be driven or operated in circumstances where the person so driving or operating the same, or where the load carried thereon, or where the state or condition of the Equipment or where any factor or consideration gives rise to circumstances in which a fully comprehensive insurance policy covering inter alia or specifically the Equipment and drawn on normal commercial terms could be invalidated in part or in whole.

b. The Hirer shall ensure that all drivers and users of the Equipment are completely familiar with and fully competent to operate the dimensions and all component parts thereof, and shall indemnify and keep indemnified the Company against all cost, claims, demands or loss of earnings from collision or other damage which is due to insufficient regard or competence by the driver or user of such dimensions or component parts.

c. The Hirer shall only use the Equipment for purposes which are considered suitable by the Company and the Hirer will comply with all statutory legal and other obligations relating to the Equipment’s use and storage and in particular but without limitation the Hirer shall be responsible for covering the Equipment by an Operators Licence if required and for complying with all conditions attached to the grant of such Licence.

d. The Hirer shall not use the Equipment for the carriage of loads in excess of the Equipment’s load carrying capacity, shall distribute all loads evenly thereon, and shall not carry any goods thereon which may damage the Equipment or render it unfit to carry other goods.

e. The Hirer shall not remove or deface any plates or other markings or identity signs placed upon the Equipment by the Company or permit any other person or persons so to do.

f. The Hirer shall not use, take or cause the Equipment to be taken outside the United Kingdom without the express prior agreement in writing of the Company which will in no circumstances whatsoever be granted for use outside the territories and boundaries of the full members of the European Economic Community. In the event that the Hirer is in breach of this provision, and without prejudice to the Company’s other rights and remedies, the Hirer shall be obliged to pay the Company upon demand such surcharges, in addition to other hire charges, as the Company shall require at its discretion.

g. Without prejudice to any of the foregoing the Hirer shall exercise all reasonable care and skill in and about the use of the Equipment.

REPAIRS AND MAINTENANCE

a. The Hirer shall be responsible for keeping the Equipment roadworthy and in good condition and substantial repair and condition and for carrying out all necessary daily running maintenance tasks and safety checks including but without limitation all actions stipulated within the daily check list accepted by the Hirer when signing the rental agreement. The Equipment shall not be used nor operated in a manner likely to cause undue wear and tear or depreciation, nor shall the Equipment be used or operated whilst it is in an unroadworthy condition or liable to cause damage to any person or property.

b. The Hirer shall immediately report to the Company every defect in or want of repair to the Equipment arising or becoming apparent during the period of hire and shall make the Equipment available to the Company for the purpose of effecting any necessary repairs or servicing.

c. The Hirer shall not without the Company’s consent repair or service the Equipment or permit any other person so to do and in no circumstances shall permit any lien for repairs to be incurred without first receiving from the Company an express written authority for such lien. Any cost incurred for such repair of service without the Company’s consent shall be the responsibility of the Hirer. In the context of this Clause the Hirer acknowledges that such consent shall consist only of the Company’s official written order the extent of which shall be limited to the contents thereof.

d. No alteration of any kind is permitted to the Equipment, either to the engine transmission or to the body work, nor is the addition permitted of any extra equipment or modification of any equipment at present fitted.

e. The Hirer is responsible and shall re-imburse and indemnify the Company upon demand for all excessive wear, loss, contamination, load spillage, deterioration and damage of whatsoever nature (fair wear and tear excepted) to the Equipment and/or tools, accessories, equipment and tyres whether in or on the Equipment.

f. The cost of effecting repairs to or replacing tyres necessitated by any punctures and blowouts howsoever occurring and whatsoever the cause shall be the responsibility of the Hirer who shall reimburse the Company in full in respect of all such costs arising.

g. Where the Equipment includes a trailer or semi-trailer among its component parts and in the event the said trailer or semi-trailer becomes due for service or testing in accordance with the manufacturers recommended service intervals or Department of Transport requirements the Hirer shall deliver the said trailer or semi-trailer to the Company’s premises from which it was hired or to such other address as the Company shall reasonably require and the cost of conveying the said trailer or semi-trailer to and from the place of service, repair or testing shall be borne by the Hirer and the Company’s expenses in connection therewith shall be recoverable from the Hirer forthwith as if the same were a liquidated debt. h. Where the Company suffers additional charges in carrying out its maintenance or tyre replacement obligations due to the Equipment being made available to the Company by the Hirer outside the Company’s normal working hours, or to a location other than that reasonably designated by the Company, the said additional charges shall be the responsibility of the Hirer who shall reimburse the Company in full in respect of all such additional charges.

 

 

i. Subject to the provisions of Clauses 7 and 9 hereof the cost of effecting repairs to or servicing the Equipment or replacing tyres due to normal wear and tear shall be borne by the Company.

ACCIDENTS AND PROSECUTIONS

a. The Hirer shall immediately report any accident, loss or damage, or knowledge of any pending inquest or Fatal Accident Claim or the like thereof involving the Equipment to the Company and the Insurers, and also to the Police or other appropriate Authority within the time prescribed by law. The Hirer shall supply such information, drawings and assistance in connection with the said accident, loss or damage as the Company or Insurers may require.

b. Save in so far as varied by the statement of liability accepted by the Hirer when signing the rental agreement all traffic offences or violations of parking regulations involving the Equipment during the period it is in the custody or control of the Hirer including all fines or penalties shall be the responsibility of the Hirer who will indemnify the Company in respect of all such matters.

INSURANCE AND LIABILITY

a. The Hirer shall keep the Equipment insured throughout the period commencing at the time of delivery to or collection by the Hirer and ending at the time both parties sign the check out/in document immediately upon the safe return of the Equipment to the Company. Such insurance shall be for all risks including but not limited to all loss and damage howsoever caused (including but without limitation where the same is referable to the confiscation or impounding of the Equipment howsoever this occurs) to the full replacement value and in respect of all liabilities to third parties of whatever nature and whether or not the Hirer is acting as carrier therefor on a fully comprehensive policy with reputable insurers free form restrictions and excess and will pay all premiums in respect thereof and shall upon demand produce to the Company evidence of payment of the premiums thereon and copies of the policy. The Hirer shall cause the interest of the Company as owner of the Equipment to be noted upon the said policy and shall procure that the Insurers do not make any payments to the Hirer until the Company’s Interest therein has been discharged. The Hirer hereby irrevocably appoints the Company to be the Hirer’s agent for the purpose of receiving all monies payable under the said policy or policies and for giving a good discharge therefor.

b. If the Equipment is adjudged by the Company to be lost, stolen, or destroyed, or damaged beyond economic repair (having received a report to this effect from any insurance assessor and /or repair agent as appropriate) then for the purpose of Clause (a) herein the full replacement value shall mean either the fair market value of the Equipment (as certified by an independent assessor nominated by the Company) or its fair depreciated value (as certified by the Company’s appointed auditors by reference to the Company’s published accounting policies), whichever be the greater, determined as at the date of such loss, theft, destruction or damage. The Hirer acknowledges that the full replacement value represents a justifiable and genuine pre-estimate of the financial loss the Company will incur in the event of the loss, theft, destruction or damage of the Equipment as aforesaid and agrees to pay the said full replacement value upon demand if called upon by the Company to do so.

c. The Hirer agrees to pay the Company upon demand the total cost of replacing or repairing any loss of or damage to the Equipment (whether or not recovery is made from the Hirer’s insurers) which has occurred while it is in the custody or control of the Hirer (fair wear and tear only excepted) and to indemnify the Company for costs, fines, charges or compensation arising from the existence and use of the Equipment during the period of hire.

d. The Hirer agrees to indemnify the Company in respect of loss of revenue due to the Equipment being unfit for placing on hire as a result of any loss or damage to or fault or deterioration in the Equipment which has occurred while in the custody or control of the Hirer (which loss the Company shall not have to prove other than by reference to the provisions of this Clause). For the purpose of this indemnity the Hirer’s liability shall extend for such period as shall be required to effect any repairs or other work necessary in order to return the Equipment into service, or such period as it might reasonably take for the Company to purchase a new replacement Equipment following upon the Equipment being adjudged by the Company to be lost, stolen, or destroyed, or damaged beyond economic repair (having received a report to this effect from any insurance assessor and/or garage as appropriate) and shall be calculated at the current daily hire charge payable by the Hirer for the Equipment for each of the days in question.

e. The Company accepts no responsibility whatsoever for any injury, legal liability, loss, delay, cost or consequential loss to the Hirer, any third party or to third party property caused by the delay, failure, breakdown, malfunction, use or other circumstance, whether similar or not of the Equipment or any component part thereof during the period of hire and the Hirer agrees to indemnify the Company to the extent that such injury, legal liability, loss, delay, cost or consequential loss can be so indemnified in law.

f. The Company accepts no responsibility for any loss, delay and damage howsoever caused to any goods or articles carried, deposited or left standing in or on the Equipment or at the premises of the Company and the Hirer agrees hereby to release and indemnify the Company from and against all claims whatsoever arising therefrom.

g. The Hirer will, at the request of the Company, do all that is required by the Company for the enforcement of any rights or remedies against other parties that the Company may have in connection with the Equipment.

EARLY TERMINATION

a. The Company shall have the right to determine the Agreement without prior notice at any time (whether before or after the expiry of the period of hire) and to forthwith repossess the Equipment in all or any of the following circumstances:-

i. if the Company shall have bona fide doubts in regard to the financial position of the Hirer or (without prejudice to the foregoing) upon any judgement being had and obtained against the Hirer of if the Hirer shall be or become the subject of an order for bankruptcy, or insolvent, or call a meeting of or make any arrangement of composition with its creditors, or have any execution or distress levied against it, or go into liquidation (other than for the purposes of solvent amalgamation or reconstruction) or have a petition for compulsory winding up presented or an administration order made against it, or have a receiver or administrative receiver appointed over the whole or any part of its undertaking or assets;

ii. any action which the Company reasonably considers constitutes a serious or material breach of the terms of the Agreement including but without limitation any failure by the Hirer to pay after demand any monies which the Company considers to be due to it under the Agreement;

iii. the Hirer ceases or threatens to cease to carry on business;

iv. if the Company shall have good cause to believe that the Hirer is intending to use the Equipment outside the United Kingdom without the written consent of the Company having been first obtained;

v. the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Hirer and notifies the Hirer accordingly.

b. In the event that prior to the expiry of the period of hire the Agreement is terminated by the Hirer for any reason or by the Company under Clause 10(a) herein the Company will only release the Hirer from its obligations upon payment by the Hirer of a sum equal to all loss and/or damage suffered by the Company.

TERMINATION

a. Either party may terminate the Agreement by giving one weeks written notice of such intention in advance to the other to take effect on or at any time after the expiry of the period of hire except that if the Hirer returns the Equipment to coincide with the expiry of the period of hire such written notice shall be deemed given simultaneously with the return of that Equipment.

b. Where the Hirer retains possession and continues with the use of the Equipment after the expiry of the period of hire with the consent of the Company then the Hirer’s duties and obligations under the Agreement (including but without limitation as to the payment of hire charges) shall continue in full force and effect until the Agreement is terminated by either party in accordance with Clause 11(a) herein or by the Company in accordance with Clause 10 (a) herein. This Clause shall not confer upon the Hirer any right whatsoever to the continued use or possession of the Equipment.

c. Upon termination of the Agreement for any reason and in any manner whatsoever the Hirer shall forthwith return the Equipment to the Company in as good condition and working order (fair wear and tear only excepted) as when received from or via the Company at the commencement of the period of hire by leaving the Equipment at the Company’s premises from which it was hired, or at such other address as the Company shall reasonably require, at the Hirer’s expense and risk. For the purposes of this Clause the Equipment shall not be deemed returned to the Company until both parties sign the Check out/in document immediately upon its safe return to the Company.

d. In the event the Hirer does not return the Equipment upon expiry of the period of hire or upon determination of the Agreement by either party in accordance with Clause 11(a) herein or by the Company in accordance with Clause 10 (a) herein and in so doing retains possession of the Equipment without the consent of the Company then the Company shall be entitled without notice to enter into or upon any premises or land where the Equipment might be and use all such lawful force as shall be necessary to effect recovery thereof. Any action taken by the Company as aforesaid shall not prejudice it’s rights to recover from the Hirer any monies due to the Company under the Agreement or damages for any breach thereof together with all legal and other costs relating to the recovery of the Equipment and monies due.

e. The Hirer undertakes to remove all property from the Equipment upon termination of the Agreement before the Equipment is returned to or recovered by the Company. No liability howsoever arising shall be incurred by the Company in relation to any loss of or damage to property remaining in or upon the Equipment after such termination which property (if any) the Company shall in its discretion be entitled to dispose of. In the event of such disposal or in the event of any loss or damage (howsoever caused) to such property the Hirer shall indemnify the Company against all claims and demands made by any third party in relation thereto.

ASSIGNMENT

1. The Agreement and any interest herein may be assigned by the Owner (at any time) and by the Hirer (only with the prior written consent of the Owner) and shall be binding on the successors in title and assignees of the parties hereto. [SB1]

WAIVERS

1. Any delay or failure by the Owner to exercise any right or remedy shall not constitute a waiver of it or them and any of the Owner’s rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to the Owner to the effect that any such rights are cumulative and exclusive of each other.

FORCE MAJEURE

a. The Owner shall be relieved of all or any of its obligations under the Agreement to the extent that performance of such obligations is prevented, frustrated, impeded or delayed in consequence of any Act of God, consequence of war, insurrection, confiscation, requisition, destruction of or damage to the Equipment by or under the order of any government or public or local authority, riots, civil commotions, strikes whether or not by employees of Platts Agriculture Limited, lock outs or stoppage of or restraint of labour from whatever cause whether partial or general, fire or any cause whether or not a like or similar nature beyond the control of the Owner. Provided that in the event of the Owner being relieved by this condition from an obligation to supply or repair any Equipment or to provide any replacement Equipment the Hirer shall not be liable for hire charges in respect of such Equipment or replacement Equipment during the period of relief.

b. If for any reason the Equipment is not readily available at the time of commencement of the period of hire or becomes unusable during the period of hire the Owner shall have the right at its absolute discretion to replace the Equipment with an alternative Equipment of similar capacity and performance.

NOTICES

a. If either party shall change its registered office and/or normal place of business prior to the termination of the Agreement it shall promptly give written notice of the change to the other party.

b. Any notice or demand to be given under the terms of the Agreement shall be given in writing in the English language addressed to the Owner at its registered office and to the Hirer at its registered office and/or normal place of business. Such notice or demand shall be deemed to be received if sent by email, and if sent by post 48 hours after posting, providing that the address is properly stated and the first class postage is pre-paid.

PROPER LAW

a. The Agreement is governed by and construed in accordance with the Law of England & Wales and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the Courts.

SEVERANCE

1. If any term or provision or any part thereof contained in the these Terms and Conditions other than those relating to payment shall be held to be illegal, unenforceable or otherwise invalid under any enactment or rule of law such term or provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions and the enforceability of the remainder of these Terms and Conditions shall not thereby be affected.

CLAUSE HEADINGS

1. The Clause headings are inserted for convenience only and shall not affect the interpretation of the Agreement.