Rentals

General Conditions For The Hiring of Attachments For Forklift Trucks

1 Definitions

• a)The "owner" is the company, firm or person renting the attachment(s) on hire and includes their successors, assignors or representatives.
• b)The "hirer' is the company, firm, person, corporation or public authority taking the owner's attachment(s) on hire and their successors or authorised representatives.
• c) "Attachment" covers all classes of 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 “week" shall be seven consecutive days.
• f) A "working week" covers the period from starting time on Monday to finishing time on Friday.

2 Extent of contract

No conditions or warranty other than herein specifically set forth shall be implied or deemed to be incorporated in or to form the contract.

3 Availability of attachment

The attachment is offered subject to being available to the owner when the hirer's acceptance of the contract is received by them. Please note that hydraulic hoses/fittings for the hire equipment are the responsibility of the hirer.

4 General conditions of hire

Attachment(s) shall be hired at the hire charge or rates stated in the offer and subject to the following general conditions of hire so far as any conditions of the hirer's order be inconsistent herewith, these general conditions of hire shall be deemed to prevail.

5 Loading and unloading

The hirer shall be responsible for unloading and re-loading the attachment(s) on site and shall he responsible for fitting attachment(s) to the truck and removal of the attachment(s) from the truck.

6 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 attachment(s) being delivered to the site, the attachment(s) shall be deemed to be in good order in accordance with the terms of the contract to the hirer's satisfaction. The hirer shall be responsible for maintenance and safe keeping of the attachment(s) with undercover storage when not in use. The hirer shall be responsible for the operation of the attachment(s) in a workmanlike manner by a trained operator and within the manufacturer's rated capacity and return on completion of the hire in equal good order (fair wear & tear expected).
• b) I he hirer shall, when hiring the attachment(s) take all reasonable steps to maintain the attachment(s) properly and keep acquainted with the state and condition of The attachment(s). If the attachment(s) be continued to work or in use in an unsafe, unsatisfactory state, The hirer shall be solely responsible for the damage, loss or accidents whether directly or indirectly thereof.
• c) An inspection report required under the factories acts or a copy thereof shall he supplied by the owner if requested by them on the commencement of the hire period and returned on completion.

7 Breakdown

• a) When The attachment(s) is hired, any breakdown or the unsatisfactory working of any part of the attachment(s) must be reported immediately to The owner by fax (0161 428 4513) or by telephone confirmed by letter. Any claim for breakdown will he considered from The time and date shown on the fax or letter postmark.
• b) Full allowance will be made to the hirer for any stoppage due to breakdown of the attachment(s) caused by a fault in the attachment(s) or fair wear and tear.
• The hirer shall he responsible for all expense involved arising from any breakdowns and all loss or damage incurred by the owner to the hirer's negligence, misdirection. misuse of the attachment(s) whether by the hirer or his employees and for the payment at the appropriate rate. The owner will be responsible for the cost of repairs to the attachment(s) involved in breakdowns as above.

8 Other stoppages

No claim will be admitted (other than those allowed for under breakdown time as herein provided) for stoppages thorough causes outside The owner s control.

9 Loss of use of other plant due to breakdown

Each attachment(s) specified in the contract is hired as a separate unit and the breakdown or stoppage of one or more unit(s) 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.

10 Consequential losses

The owner accepts no liability nor responsibility for any consequential loss or damage, due to or arising from the breakdown or stoppage of the attachment(s) through any cause whatsoever, or, through non arrival arising from accident or breakdown due to loading, unloading or transport of the attachment(s).

11 Hirer’s responsibility for loss and damage

During the countenance of the hire period the hirer shall make good to the owner all loss of, or damage to the attachment(s) from whatever cause the same may arise, fair wear and tear excepted and shall also fully and completely indemnify the owner in respect of all costs and charges in connection therewith whether arising under statute or common law.

12 Notice of accidents

If the attachment(s) is involved in any accident resulting in injury or damage to property, immediate notice must be given to the owner by fax or telephone confirmed in writing to the owner's office. And in respect of any claim not within the hirers agreement for indemnify no admission, offer, promise of payment or indemnity shall be made by the hirer without the owners consent in writing

13 Subletting

The hirer shall not sub-let or lend the attachment(s) or any part thereof to any third party without first receiving the written permission of the owner.

14 Change of site

The hirer shall not move the attachment(s) from the site it was delivered or consigned unless prior consent be obtained from the owner, such consent to be confirmed in writing.

15 Servicing and inspection

The hirer shall at all reasonable times allow the owner, his agent or his insurers to have access to the attachment(s) to inspect, 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.

Note: Lubrication is the responsibility of the hirer-please grease / lubricate the attachment(s) at regular intervals.

16 Repairs and adjustments

The hirer shall not repair or attempt to repair the attachment(s) unless specifically authorised by the owner and supplied with an official order. No allowance for hire charges for the cost of repairs will be made by the owner to the hirer unless such repairs have been specifically authorised by the owner. The owner undertakes to deal with all necessary repairs as quickly and as reasonably possible.

17 Return of attachment(s) for repairs

If at any time after the date of delivery any item of the attachment(s) the subject of this contact is in the opinion of the owner in need of repairs, he may stop the further use thereof until such repairs have been carried out on site, or the owner may arrange for the attachment(s) to be returned, and in the latter event, the owner shall be entitled to replace such attachment(s) forthwith with similar attachment(s), the owner paying all transport changes involved in the removal of such attachment(s) to depot for repair and delivery of the substituted attachment(s) and the contract shall continue as if the substituted attachment(s) had been the subject thereof, or, alternatively the owner shall be entitled In determine the contract forthwith in relation of the item of attachment involved by written notice to the hirer, provided that if such determination shall occur under this clause.

The hirer and not the owner shall be liable for all costs of loading and / or transport if necessity for such repairs arising from negligence, misdirection or misuse of such attachment(s) by the hirer.

18 Basis of charging

Attachment(s) shall be hired out on a "per week" rate for a minimum period of two weeks or such other period as may be mutually agreed between the owner and the hirer. In the case of attachment(s) hired on a "per week" rate odd days at the beginning and the end of the hire period shall be charged pro-rata.

19 Attachments hired by the week

The weekly rate shall be charged irrespective of the number of hours worked except in the case of breakdown for which the owner is responsible when an allowance at the rate of one fifth of the agreed weekly rate will be made for each full working day broken down. No allowance will be made for breakdowns on Saturdays and Sundays.

20 Commencement and termination of hire

The hire period shall commence from the date of delivery on site and shall finish on the date of receipt at the owner's site. Responsibility for loss or damage to the attachment(s) is accepted by the hirer from the time attachment(s) is delivered to the site to when it is removed from the site. Attachments returned from hire will be accepted at SMC between the hours of Sam-4pm Monday - Thursday and 8am- 12.30pm on Friday.

21 Notice of termination of contract

Where the period of hire is indeterminate or having being defined indeterminate, the contract shall he determined by three days notice in writing, given by either party to the other. In the event of the hirer desiring to terminate the contract and failing to give such notice, hire for the period of three days notice shall be chargeable. The hirer shall continue to pay hire charges until the date the attachment(s) has been received at the owners works.

22 Repairs

The cost of repairs performed by the owner shall he borne by the owner except where such repairs are necessitated by the negligence, misdirection or misuse of the attachment(s) in which case the hirer will pay the costs.

Note: Any items missing from the attachment(s) on receipt at our works when the equipment has been returned from hire are chargeable.

23 Transport

The hirer shall pay the cost of transport of the attachment(s) from the owner's depot to the site and returned to named depot upon completion of the hire period.

24 Owner plates

The owner shall affix his plate or mark on the attachment(s) indicating that it is his property and the hirer shall not remove, deface or cover up the same.

25 Government regulations

The hirer will be responsible for compliance with all regulations issued by the Government or Local Authorities, including regulations under the factories acts and in particular to the health and safety at work act in that the equipment must only be used by trained operators.

26 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 attachment(s) except as provided under clause I3. And shall protect the same against distress, execution or seizure and shall indemnify the owner against losses, damage, costs, charges and expenses that may be occasioned by the failure to observe and perform this condition.
• b) If the hirer makes default in punctual payment of all sums due to the owner for hire of the attachment(s) or other charges or 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 made against him or make or propose to make any arrangement with his creditors or being a company shall go into liquidation (other than member’s voluntary liquidation). Or shall do or shall cause to be done, or permit or suffer any act or thing whereby the owner's rights in the attachment(s) may prejudiced or put into jeopardy, this agreement shall forthwith be terminated (without any notice or other act on the part of the owner. Notwithstanding that the owner may have waived some previous default or matter of the same or like nature, and it shall thereupon he lawful for the owner to retake possession of the said attachment(s) and for that purpose enter into or upon any premises where the same maybe and determination of the hiring under this condition shall not affect the right of the owner to remove from the hirer any monies due to the owner under the contract or damages for breach thereof

27 Arbitration

If, during the continuance of the contract or any time there-after any dispute or question shall arise between the owner and the hirer in regard to the contract or the construction of these or anything there-in contained, or the rights or liabilities of the owner or the hirer such dispute, difference or question shall be referred pursuant to the arbitration act 1950 or the arbitration (Scotland) act 1894 as the case may be or any statutory modification thereof, to a sole arbitrator to be agreed upon by the owner and the hirer and failing agreement to be appointed at the request of either the owner or the hirer by the president for the time being of the Institute of Mechanical Engineers.