Contract Hire with FULL maintenance.
Dewar’s Fork
Trucks Ltd.
Tollgate Farm,
Tollgate Road, Colney Heath, St. Albans, Herts. AL4 ONY
Tel No. 01727
821460 Fax. 01727 821465 email dewarsforktrucks@aol.com
Website:
www.dewarsforktrucks.com
FORK TRUCK HIRE CONTRACT
TERMS & CONDITIONS OF HIRE
DEFINITIONS
1. The company, Dewars Fork Trucks Limited, letting the plant on
hire is hereafter referred to as the "Owner" and this term
includes its successors.
2. The company, firm, organisation or individual taking the
Owners Plant on hire is hereafter referred to as the "Hirer" and
this term includes the company, firm,orgainsation or individual
or the successors and personal representatives or employee's of
the company, firm organisation or individual.
3. "Plant" shall include any machine or part thereof, any
attachments or fittings or any other thing hired under this hire
contract.
4. "Regulations" means any Act of Parliament, order, regulation,
by-law or similar instrument whether local or national,
including any amendment thereto or re-enactment or replacement
thereof.
5. "Hire Rate"shall be the rate quoted for Daily, Weekly,
Monthly or Long Term Hire and specified in the Hire Contract
(acceptance) attached to this contract.
ACCEPTANCE
6. The Hirer's order, whether oral or in writing, for the supply
of Plant shall be construed as an expressed acceptance of the
Terms & Conditions of Hire and insofar as any provision of the
Hirer's said order be inconsistant therewith, these Terms &
Conditions of Hire shall be deemed to prevail.
7. Any variations in this Contract shall be in writing.
8 The Hirer warrants to the Owner that no representations have
been made to the Hirer concerning the Plant and in particular
concerning the suitability of the Plant for any particular
purposes or for work in any particular place and that in
entering into this Contract the Hirer does not rely upon any
such representation and that the Hirer has satisfied himself
independently upon all such matters.
COMMENCEMENT OF HIRE
9. Subject to the other provisions of this Contract the Owner
shall supply the Plant on the delivery date specified in the
Hire Contract (acceptance) and to the address or site specified
inthe Hire Contract (acceptance) . The period of hire shall
start on such delivery. Hire charges shall commence on this
delivery date unless specified in the Hire Contract
(acceptance).
10. On commencement of hire the Hirer shall put into effect "all
risks" insurance of the Plant to the full replacement value of
the Plant. The Hirer accepts responsibility for loss or damage
to the Plant from the time the Plant is delivered to the site
until it is removed from the site by, or on the instructions, of
the Owner.The responsibility will also apply whilst the Plant is
on site during any period prior to the commencement of the hire
period or after the termination whilst the Plant is awaiting
collection.
MAINTENANCE & REPAIR
Owners Obligations
11. The Owner shall ensure that at the commencement of the hire
period the Plant shall be of sound construction, in good working
order and properly maintained and that at the time of hire all
Regulations regarding construction, maintenance, testing and
inspection applicable to the Plant have been complied with.
12. Provided that, unless the Owner to the contrary in writing
receives notification within 48 hours of delivery to the site,
the Plant shall be deemed to have been delivered in good working
order.
13. The Owner shall (save as hereinafter provided) carry out all
necessary repairs and replacements as quickly as reasonably
possible and, so far as reasonably possible during normal
working hours at times to suit the convenience of the Hirer.
TERMS & CONDITIONS OF HIRE CONTINUED
Hirers Obligations
14. The Hirer shall repair all punctures and replace all damaged
tyres at tjhe Hirer's expense, but save as aforesaid he shall
not repair the Plant or make replacements or alterations to the
Plant unless authorised to do so in writing by the Owner.
15. The Hirer shall forthwith notify the Owner if the Plant
breaks down or fails to work properly, or if any repairs or
replacements (other than to or of damaged or punctured tyres)
become necessary.
16. The Hirer shall at reasonable times allow the Owner or the
Owners accredited representative or the Owners insurers
representatives have access to the Plant to inspect, test,
adjust or replace any part or parts that may be required.
17. Other than on Daily Hire the Hirer shall provide fuel, oil,
grease and distilled waterand shall carry out daily checks to
ensure that the correct engine, hydraulic and cooling systems
levels are fully maintained, and shall take steps to ensure the
protection of the Plant from damage by frost, including the
provision and use of suitable anti-freeze mixture in the
proportions specified by the makers of the Plant.
18. Regular cleaning, the maintenance of the correct tyre
pressures and the tightening of wheel nuts. Without prejuduce to
the generality of the foregoing the Hirer shall cause the
following steps to be taken to maintain any traction
battery-forming pan of the plant:
(a) Battery must be properly charged and must at no time be
operated in a discharged condition and must be allowed to cool
for at least half an hour before use after charging has taken
place.
(b) Battery must be checked daily to ensure the correct level of
distilled water is maintained.
(c) An equalising charge must be carried out every four weeks.
when an equalising charge is given the charger must be switched
off manually after four (4) hours as the charge termiation
automatic relay only operates in the "normal" position.
HIRERS LIABILITY FOR LOSS OR DAMAGE
19. The Hirer accepts full responsibility to the Owner for loss
or damage to or the destruction of the Plant suffered during the
period of hire from whatever cause the same arise (fair wear and
tear excepted) and is fully responsible to the Owner for the
safe keeping of the Plant and its return in equal good order to
the Owner (fair wear and tear excepted) at the end of the hire
period.
20. The Hirer accepts all liability and responsibility in
respect of, and shall fully and completely indemnify the Owner
against, all third party claimsand losses whatsoever arising in
respect of damage to or loss or destruction of any property or
in respect of the personal injury or death of any person in any
way caused by or relating to the Plant or use of the Plant
(including but not limited to the payment of all damages, cost
and charges in connection therewith) except insofar as any
damage, loss, destruction, injury or death results from neglect
or wilful default of the Owner or the Owners employees or
agents.
21 The Owner shall not be liable to the Hirer in respect of any
damage to or loss or destruction of the property of the Hirer
unless such damage, loss or destruction is caused by neglect or
wilful default of thr Owner or the Owners employees or agents.
PAYMENT
22. Unless otherwise agreed in writing by the Owner, the Owner
shall render invoice(s) to the Hirer, including where applicable
transport charges to and from the site at the end of each month
in respect of Long Term Hire and Monthly Hire or Daily or
Weekly in respect of Short Term Hire.The Hirer shall pay such
charges by the end of the month following the date of invoice,
all Short Term Hire payments must be made no later than 28 days
from the date of the invioce, by cheque payable to Dewars Fork
Trucks Limited or by Bankers Standing Order (form will be
provided).
23. Immediatly upon the hiring being terminated by the Owner an
accordance with sub-clause 35 of section headed "Termination of
Hire" hereof the Hirer shall pay to the Owner
(in addition to any compensation payable hereunder) all moneys
then accrued due under this contract and any moneys the Owner
may be liable to pay to any third party by reason of Court Costs
or costs of any seizure or removal.
24. The Hirer shall pay the Owner forthwith for all repairs and
replacements to the Plant except for repairs and replacements
arising from fair wear and tear or from notification given under
the provisions of paragraphs 11,12 & 13 contained under section
headed "Owners Obligations".
VARIATION IN HIRE RATES
25. The Owner reserves the right to increase the Hire Rate
quoted by the proportional difference between the Retail Price
Index most recently published by the Department of Trade and
Industry (or any successor Ministries or Departments) prior to
the date of this Contract or previous quotation and the Retail
Price Index published in the month of delivery of the Plant and
thereafter at 12 monthly intetrvals.
26. The Hire Rate is based on the use of the Plant for up to 40
hours in any week. If the Plant is used for over 40 hours in any
week then the owner reserves the right to increase the Hire Rate
on the following basis:-
(a) 41 hours - 50 hours an additional £1.50 per hour
(b) 51 hours - 60 hours an additional £2.50 per hour
(c) 61 hours - 70 hours an additional £3.00 per hour
TERMS & CONDITIONS OF HIRE CONTINUED
SUBLETTING
27 The Hirer shall not, without the written consent of the
Owner, assign, sub-let, loan, mortgage, charge, pledge or part
with possession of or otherwise deal with the plant.
HANDLING OF PLANT
28. The Plant shall remain the property of the Owner but shall
at all times after delivery to the site be under the direction
or control of the Hirer only. The Hirer is fully responsible to
the Owner for the use of the Plant only for purposes and in
places for which it is suitable and for the Hirers own business
and in a skilful safe and workmanlike manner and in accordance
with the Regulations. If the plant should become bogged down or
should for any other reason require recovery, then the Hirer
shall be responsible for all costs incurred.
29. The Hirer shall employ a driver who has received
professional training (not being less than 18 years of age) and
being in possession of a valid licence to operate the Plant in a
safe and competant manner. Where however the Owner provides the
services of a driver with the Plant, such driver will be
competent and shall work under the supervision and direction of
the Hirer or the Hirers representative. For the duration of the
hire the driver shall be deemed to be a servant of the Hirer who
alone shall be responsible for his actions as though he were in
the Hirers direct employ. The Hirer shall not allow any persons
other than the dirver designated by the Hirer or provided by the
Owner to operate the Plant without the Owners prior consent in
writing.
30. The Hirer shall not use or cause or permit any other person
to use the Plant on any public road without ensuring that all
Ministry of Transport and DVLA (or any successor Ministries or
Departments) regulations and road traffic acts are fully
complied with. The Hirer shall ensure that the driver holds a
current British driving licence applicable to the Plant and, at
the Hirers expense and with the written permission of the Owner,
insure, tax and licence the Plant in accordance with the
requirements of the Road Traffic Act.
31. The Hirer shall notify the Owner immediately in the event of
any accident, loss or damage arising and in any way caused by or
relating to the use of the Plant howsoever caused. Oral
notification must be confirmed by the Hirer, in writing, to the
Owner as soon as reasonably possible.
CHANGES OF SITE
32. The Hirer shall not move or permit to the Plant to be moved
from the site specified in the Hire Contract (acceptance)
without the Owners prior consent in writing. Any consent given
by the Owner is without prejudice to all the other obligations
of the Hirer under this contract.
OWNER PLATES
33.Owners identification plates or identification stickers
affixed or marked on the Plant by the Owner shall not be
removed, mutilated, covered or obliterated in any circumstances
by the Hirer or the Hirers representatives. Specification and
serial number plates affixed to the Plant by the manufacturer
shall likewise not be removed, mutilated, covered or obliterated
by the Hirer or the Hirers representatives.
TERMINATION OF HIRE
34. Except in the case of a fixed term contract the hire of the
Plant may be terminated by either party giving to the other
party not less than seven days notice.
35. Without prejudice to the other provisions of this contract
should the Hirer:-
(a) Withhold payment of the hire charges for fourteen days
(b) Fail to observe and perform any of the other terms and
conditions of this contract
(c) Do or cause to be done or permit or suffer anything whereby
the Owners rights in the Plant are prejudiced or put into
jeopardy, or
(d) Commit any act of bankruptcy or have a receiver appointed or
make any arrangement or composition with the said Hirers
creditors, or being a limited company go into liquidation
whether compulsory or voluntary (except for reconstruction or
amalgamation only), or
(e) Suffer any distress or execution upon the Hirers property
Then and in any such case the Owner may terminate the hiring and
sieze and remove the Plant for which purpose it it shall be
lawful for the Owner to enter into or upon any premises or site
where the Plant may be housed.
36. When the hire is terminated it shall be the responsibility
of the Owner to collect the Plant from the site, but if the
Plant is not collected at the termination of the hire the Hirer
shall continue to accept full responsibility and liability as
set out in paragraphs 19, 20 and 21 under the section headed
"Hirers Responsibility for Loss or Damage" of this contract
until the Plant is so collected.
TERMS AND CONDITIONS OF HIRE CONTINUED
ALLOWANCES AND LIABILITY
37. Without prejudice to the provisions for payment hereinbefore
set out, the Hirer shall be fully liable to the Owner for
damages or any breach of this contract.
38. Without prejudice to any liability assumed under paragraphs
6, 7 and 8 under the section headed "Acceptance" and paragraphs
19, 20 and 21 under the section headed "Hirers Liability for
Loss or damage. The Owner shall not be liable to the Hirer for
any consequential or indirect loss or damage (including loss of
profits) arising out of any accident or damages howsoever
caused, provided always that nothing in this sub clause shall
protect the Owner against liability arising from a fundamental
breach of contract on its part.
39. The Owner shall not be liable to the Hirer for any loss or
damage by delay in delivery or non-delivery of the Plant or by
delay in repairing or replacing the plant if such a delay in
delivery or non-delivery is caused by industrial dispute
(including but not limited to strikes and lockouts), by force
majure. By non-delivery of spare parts or by other circumstances
beyond the Owners control.
40. Hire charges shall continue during any stoppage whether or
not the Plant is returned to the Owners works and whether or not
a replacement of the Plant is supplied for the period of the
stoppage save that by agreement with the Hirer the Owner may
give credit against hire charges for any stoppage due to
breakdown of the Plant caused by an inherant fault or fair wear
and tear notified to the Ownerby the Hirer under paragraph 15
under the section headed "Hirers Obligations"
41. The Hirer shall be liable for hire charges at the Hire rate
in respect of any period after termination of this Agreement
during which the Plant or any part thereof cannot be removed
from the site to the Owners depot owing to an industrial dispute
(including but not limited to strikes or lockouts) affecting the
Hirer or the site.
INSURANCE
42. The Hirer shall at the Hirers expense fully insure with a
reputable insurance office:-
(a) The Plant as specified in the Hire Contract (acceptance) for
the value shown against loss or damage or destruction howsoever
arising
(b) In respect of all the Hirers liability (or responsibility
and indemnity) to the Owner under paragraph 20 under the section
headed "Hirers liability for Loss or Damage"and
(c) Subject to paragraph 30 under the section headed "Handling
of Plant" in respect of the Hirers liability to third parties
relating to the Plant or its use.
43. The Hirer shall:-
(a) Produce the policy or policies effected hereunder for
inspection by the Owner on demand and
(b) Hold the proceeds of any claim made in trust for the Owner
TIME OR INDULGENCE
44. Any time or indulgence granted to the Owner shall not affect
the strict rights of the the Owner under this Contract.
NB. Clause headings are included for ease of reference only.
Dewars
Fork Trucks Ltd
We
dont just hire Fork Trucks
This
is now the most popular method of operating materials handling
equipment. A fixed contact hire rate and the option of :