CPA Bulletin

46 CPA Bulletin > August 2024 www.cpa.uk.net Q&As: 3 The CPA’s Model Conditions can be used for sites or customers based in mainland Europe, or elsewhere in the world. If there was a dispute, clause 36(a) states that should a dispute arise, then if the Owner’s head office is based in the UK, then UK law and jurisdiction would apply. Can you advise if CPA conditions are applicable in Europe, as well as the UK please? As you are hiring out cabins and containers, I appreciate that the need for using all of the CPA’s terms and conditions may seem unnecessary, but they are not. The Model Conditions is a copyrighted document, and its entirety is there to help all members irrespective of what they hire out. It would be inadvisable to use clauses on a piecemeal basis and hope they cover you, when there is a possibility that certain critical clauses which have been omitted may leave you inadvertently exposed. Your insurer may also insist that you use the conditions in full. To help alleviate your concern, the need to reproduce the terms and conditions on the back of your paperwork is an option, but it merely reinforces the terms which should have previously been sent to the customer, particularly a new customer, prior to the units being delivered to site. Most companies will send a full-size copy of the Model Conditions - used for business customers, when either a credit account is being opened, or with the first few hires where both the terms and the Hire Contract Form are sent to the customer. This latter approach would create a ‘course of trading’ where both parties would be aware of their obligations and responsibilities under those terms. Subsequently, a blind-copied email to all your business customers could be sent out once a year to remind them that you work to these terms, with the terms attached within the email. This approach may save you time with administration and cost on printing. The equipment we hire out are only containers and welfare cabins. Consequently, we are uncertain whether we need to have the whole conditions on our invoices or can we take a piece out of them? INSURANCE Exclusive products for plant hirers, including Hired Out Plant Insurance Waiver and Short Term Hired In Plant Insurance for your customers. Insurance for plant hirers… from the experts. FOR ALL YOUR INSURANCE NEEDS Tel: 0800 141 2877 insurance@jcb.com www.jcbinsurance.co.uk Hired Out Plant Insurance Waiver Short Term Hired In Plant Insurance