CPA Bulletin

38 CPA Bulletin > November 2021 www.cpa.uk.net Legal NEWS LEGAL: 1 The new edition of the CPA’s Model Conditions for the Hiring of Plant is now available for Members. A copy of the CPA Model Conditions for the Hiring of Plant 2021 has been sent to Members, together with a table which details the changes from the 2011 version. CPA’s 2021 Model Conditions There have been no fundamental changes to the principal effects of 2011 Model Conditions, but a number of amendments have been made, based on the experiences of the members of the working groups and other developments. Some definitions have been clarified, and the period during which your customer is responsible for the plant has also been more accurately described. With the growing use of electrical- powered plant, an additional clause has been created to highlight the Hirer’s responsibilities when this type of plant is supplied. The existing 2011 Model Conditions will continue to be valid for any ongoing hire agreements; and the CPA will continue to support Members who have any queries regarding them. The Supplementary Conditions and other sets of CPA conditions are now being finalised by the various working groups, and these will be made available shortly. I would like to thank the members of the Working Group who have participated in reviewing the conditions and assisted with updating them. Please note that all versions of the CPA Model Conditions for the Hiring of Plant are under copyright: as a CPA Member, you have the right to send them to your own customers and to circulate them within your own organisation, but these cannot be sent to any third party who is not a Member, where the third party will intend to use them for their own benefit. If you have any questions concerning the CPA Model Conditions for the Hiring of Plant 2021, then please get in touch. 24.HIRER’SLIABILITYDURINGTHENOTICEOFTERMINATION OFCONTRACT a) Where the intended duration of the hire of the Plant is indeterminate or having beendefinedbecomesindeterminatetheContractshallbeterminableby7working days’notice inwritinggivenby eitherparty to theother except in caseswhere the Planthasbeen lostordamaged.Notwithstanding that theOwnermayhaveagreed to accept less than 7working days’notice of termination, theHirer’s obligations underclause13shallcontinueuntil thePlant isreturned to theOwner inaccordance withclause31oruntil theOwnerhascollected thePlantwithin the7workingdays following the acceptance of short notice. Oral notice given by the Hirer to the Owner’s driver or operator shall not be deemed to constitute compliancewith the provisionsof thisclause. b) Without prejudice to clause 24(a), should the Hirer fail to make the Plant available forcollectionby theOwnerbefore theendof the7workingdays’notice, theHirer’sobligationsunder clause13 shall continue for a further3workingdays or until such time as thePlant ismade available for collection and theOwner has collected the Plant. For the avoidance of doubt, where the Hirer gives a notice pursuant to clause 24(a) but subsequently and with the consent of the Owner, withdraws such notice, the obligations of clause 13 shall continue to apply and therequirementsofclause24willapplytoanylaterterminationoftheContract. c) If theHirer terminates theContract before theHire Period commences, then the Hirer is liable for all reasonable costs and charges incurred by the Owner or to which theOwner iscommittedat the timeof termination. d) Should the Hirer terminate the Contract once the Hire Period has commenced, theOwner reserves the right tocharge theHirer thebalanceof theContract.Where the Hire Period has not commenced but insufficient notice of cancellation is providedby theHirer toallow theOwner tomitigate theeffectsof latecancellation, theOwner reserves the right (at its absolutediscretion) to charge theHirer the full balanceof thecharges for theHirePeriod. e) The Hirer may off-hire the Plant by written notification via an electronic device or application (app.).This off-hirewill only be accepted by theOwner, provided theOwnerissuesanoff-hireconfirmationtotheHirer. 25. IDLETIME When the Plant is prevented from working for a complete Working Week, the hire charges shall be two thirds of the hire rate or such other idle time rate as is agreed in writing by theOwner for the period duringwhich thePlant is not in use. If thePlant works forany timeduring theWorkingDay, then thewholeof thatWorkingDay shall be charged asworking time. In any case no period less than oneWorkingDay shall be reckoned as idle time save for as provided for in clause 18(f).Where an “All-In” rate is charged, idle time is calculated on themachine element only.Full ratewill be charged for theoperator. 26.WAGESANDOTHERCHARGEABLE ITEMSRELATINGTODRIVERS ANDOPERATORSOFPLANT All chargeable items shall be paid by the Hirer at the rates set out in the Contract save that any subsequent increases before and/or during theHirePeriod arising from awards under any wage agreements and/or from increases in the Owner’s statutory contribution shall be charged as additions at cost by theOwner and shall be admitted andpaidby theHirer. 27.TRAVELLINGTIMEANDFARES Travelling time, fares and similar expenses for drivers, operators and any person suppliedby theOwner, incurredat thebeginningandendof theHirePeriodandwhere appropriate return fareof thedriver,operatorandanyperson suppliedby theOwner to theirhomemaybe chargeable at cost.No charge shallbemadeby theOwner for any suchexpenses incurredbyotheremployeesof theOwner for thepurposeof servicing, repair, or maintenance of Plant, unless necessitated by the Hirer’s negligence, misdirection,ormisuseof thePlant. 28.FUEL,OILANDPOWER (a) Fuel, fuel additives or power shall when supplied by the Hirer and where instructedorspecifiedbytheOwner,beofagradeandtypespecified.TheHirer shall be solely responsible for all damages, losses, costs, and expenses incurred by theOwner if theHirer fails to supply,maintain,oruse thewrong/contaminated fuel, fueladditivesorpower rating. Fuel, fuel additives or power when supplied by the Owner, to be charged at an agreedcost. (b) If the Plant requires an electrical supply to either safely operate or recharge, then the Hirer will be responsible for the cost of providing the correct electrical supply, which will be available prior to the Plant’s delivery, and continue until thePlanthas left the site.TheHirer shall ensure that all currentHealth andSafety and other applicable legislation and industry guidance is compliedwith including fitting,testingandinspectionofthesupply.TheHirerwillindemnifytheOwner againstanyandalldamages, losses,orclaims should theHirer fail todo so. 29.SHARPENINGOFDRILLS/STEELSETC. The cost of re-sharpening or replacement of drill bits, blades, bucket teeth and other ancillary items shallbeborneby theHirer. 30.OWNER’SNAMEPLATES TheHirer shall not remove, deface, or cover up theOwner’s name plate ormark on thePlant indicating that it is theHirer’sproperty,without thepriorwrittenpermission of theOwner. 31.TRANSPORT TheHirer shall pay the cost of and if required by theOwner, arrange transport of the Plant from the Owner’s depot or other agreed location to the site and return to the Owner’snameddepotorotheragreed locationoncompletionof theHirePeriod. 32.GOVERNMENTREGULATIONS a) The Hirer will be responsible for compliance with all relevant legislation, regulations, instructions, or guidance issued by the Government, Government Agencies, Local Authorities, statutory regulators, and Public/Corporate Bodies established by Parliament/Government including (without limitation) regulations under the Bribery Act, the Civil Aviation Act, the Construction (Design and Management) Regulations, the EnvironmentalActs, FactoriesActs, the General DataProtectionRegulation (GDPR), theHealth andSafety atWork, etc.Act and observanceoftheRoadTrafficActsshouldtheyapply,includingthecostofroad fund licences and any insurancesmade necessary thereby, save that if and during such timeas thePlant is travelling,whether for fullorpart journey fromOwner to site and site toOwner under its own powerwith a driver supplied by theOwner, theOwnerandnot theHirer shallbe responsibleasaforesaid. b) For the avoidance of doubt, the Hirer shall indemnify the Owner against any andallcharges,fines,orlossesthattheOwnermaybecomeliableforasaresultof theHirerutilising thePlantduring theHirePeriod. 33.PROTECTIONOFOWNER’SRIGHTS TheHirer shall not re-hire, sell,mortgage, charge, pledge, partwith possession of or otherwisedealwiththePlantexceptasprovidedunderclause15andshallprotectthe same againstdistress, executionor seizure and shall indemnify theOwner against all losses, damage, costs, charges, and expenses arising as a direct result of any failure toobserve andperform this condition except in the eventofGovernment requisition. 34.TERMINATIONANDSUSPENSION (a) The Owner may terminate the Contract forthwith by written notice to the Hirer ifoneormoreof the followingeventsoccur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the circumstances upon receiving writtennotice requiring it todo so; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract and fails to remedy such default within 10 working days of receivingwrittennotice requiring it todo so; (iii)The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer,anydistressorexecution tobe leviedagainst them; (iv)The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for the timebeing in force;or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (b) In theeventof terminationunder sub-paragraph (a)above: (i) TheHirermustgive theOwneror theOwner’sagents, immediateunobstructed access to recover thePlant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport chargesunderclause31. (c) The rightsunder sub-paragraph (a)and (b)above: (i) May be exercised notwithstanding that the Owner may have waived some previousdefaultormatterof the sameora likenature. (ii) Shallnotaffect theOwner’s right toclaimdamages forbreachofContractor recoverany sumsdueunder theContractasadebt. (d) If the Hirer does not make payment of a sum by the final date on which payment isdue tobemade, theOwnerhas the right to suspendperformanceof its obligationsunder theContract.The right to suspendmaynotbeexercisedwithout firstgivingtotheHireratleast7workingdays’noticeinwritingoftheOwner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will ceasewhen theHirermakespayment in fullof the amountdue. 35.CHANGES INNORMALWORKINGWEEK The foregoing provisions have been framed upon the basis of the Hirer working a 5-dayweekof39hours;itisherebyagreedthatintheeventof: (a) there being any agreed change in the normal weekly hours in the industry in which theHirer isengagedor, (b) theContractbeingmadewithreferencetoa5-dayweekofotherthan39hours. Clauses1(h)and(i),18(d)and(e),20and(inregardtobreakdownallowance and reduction for statutory holidays) 21 shall be deemed to be modified conformably and in the eventof an alteration in thenormalweeklyworkinghours in the said industry the “Hire Rates and Terms” of Plant hired for a minimum weeklyordailyperiod shallbevariedpro rata. 36.DISPUTERESOLUTION (a) The Owner will determine which court will have exclusive jurisdiction and interpretationof the law for thisContractbe itgovernedby the countrywhere the Owner’sHeadOfficeorsiteislocated. (b) Both parties to the Contract have a right to refer any difference or dispute arisingunderor in connectionwith theContract to adjudication and theprocedure set out in Part 1 of the Scheme forConstructionContracts (England andWales) Regulations 1998 or such equivalent legislationwhich confers on the parties the statutory right to adjudicatewithin the relevant jurisdiction (or any amendmentor re-enactment thereof for the time being in force) will apply.The person (if any) specified in the Contract to act as adjudicator may be named in the Offer. The specifiednominatingbodytoselectadjudicatorsshallbetheConstructionPlant- hireAssociationactingby itsPresidentorChiefExecutive for the timebeing. (c) The Owner and the Hirer shall comply forthwith with any decision of the adjudicator; and shall submit to summary judgment and enforcement (and/or,underScots law, shallconsent toamotion for summarydecreeand submit toenforcement) in respectofall suchdecisions; ineachcase,withoutanydefence, set-off,counterclaim,abatement,ordeduction.Where,underScots law, theOwner, the Hirer, or the adjudicator, wishes to register a decision of the adjudicator for execution in the Books of Council and Session, any other party shall, on being requested to do so, forthwith consent to such registration by subscribing the decisionbeforeawitness. 37.LATEPAYMENTS TheOwnerreserves theright tocharge theHirerfor the latepaymentofanyoutstanding invoices under the Late Payment of Commercial Debts (Interest)Act 1998, or any subsequent legislation. 38.SEVERABILITY Ifanyof theseclausesareheld tobeunlawful,void,orunenforceable, then thatclause will be deemed severable and will not affect the validity and enforceability of the remainingclauses, to theextentpermittedby law. Copies of theseModelConditions are available (onbulk order fromCPA) only to Subscribingmembers of theConstructionPlant-hireAssociation. TheModelConditionsare theCOPYRIGHTofTheConstructionPlant-hireAssociationandmustNOTbe reproducedor reprinted inwholeor inpartas“theModelConditions”without thewrittenauthorityof theAssociation. control; (b) theOwner shall have no liability or responsibility,whether byway of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the Hirer’s loss of profit,lossofuseofthePlantoranyotherassetorfacility,lossofproductionor productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and/or any other financial or economic loss or indirect or consequential lossordamageofwhatevernature;and (c) whenever the Contract (including these clauses) provides that any allowance is to be made against hire charges, such allowance shall be the Hirer’s sole and exclusive remedy in respectof the circumstancesgiving rise to theallowance,and such remedy shallbe limited to theamountofhirechargeswhichwouldotherwise beorbecomedue if theallowance inquestionhadnotbeenmade. (d) For the avoidance of doubt, nothing in these conditions limits or seeks to exclude theOwner’s liability for claims of death or personal injury caused by the Owner’snegligence, fraudor foranyother liability forwhich it isnotpermitted to seek to limitorexcludebyoperationof law. 13.HIRER’SRESPONSIBILITYFORLOSSANDDAMAGE (a) For the avoidance of doubt, it is hereby declared and agreed that nothing in this clauseaffectstheoperationofclauses4,5,8and9oftheseconditions. (b) For thedurationof theHirePeriod (which for theavoidanceofdoubt includes the time Plant is left on site during a Holiday Period) the Hirer shall, subject to the provisions referred to in subparagraph (a)be liable forall lossofordamage to the Plant,and shallalso fullyandcompletely indemnify theOwnerandanypersonnel suppliedby theOwner in respectofallclaimsbyanypersonwhatsoever for injury topersonorpropertycausedbyor inconnectionwithorarisingoutof the storage, transit, transport, unloading, loading or use of the Plant during the continuance of theHire Period, and in connection therewith,whether arising under statute or common law. In the event of loss of or damage to thePlant, hire charges shall be continuedatidletimeratesasdefinedinclause25untilthesettlementhasbeen agreed. Payment of the settlement must be made within 21 calendar days of the date of the agreement or idle time charges can be reinstated from the date of that agreement. Should idle time charges be re-instated, the agreed settlement figure remainspayable in full. (c) For the avoidance of doubt, notwithstanding any agreement by the Owner to waivehirechargesafteranyagreedperiodofuseof thePlant, theHirer’sobligations specifiedunderclause13(b)shallcontinueforthedurationoftheHirePeriod. (d) Notwithstanding the above theHirer shall not be responsible for damage, loss, or injury, subject toclauses1(b)and7: (i) prior to delivery of anyPlant to the site (or,where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway)where thePlant is in transit by transport of theOwner orasotherwisearrangedby theOwner, (ii) during the erection and/or dismantling of any Plant where such Plant requires to be completely physically erected/dismantled on site, provided always that such erection/dismantling is under the exclusive control of the Owneror theiragent, (iii)after the Plant has safely been removed from the site, and until it is in transit on a highwaymaintainable at the public expense (orwhere the site is not immediately adjacent to a highway maintainable at the public expense including the site’s access road, after it has safely joined such highway) to theOwner by transport of theOwner or as otherwise arranged by theOwner (excluding alwayson suchoccasion that thePlant ison aPublicHighway (or access road)during thecurrencyof thehireand isbeingutilisedby theHirer) (iv)where the Plant is travelling to or from a site on a highway maintainable at thepublicexpense (or,where the site isnot immediatelyadjacent toahighway maintainable at thepublic expense including the site’s access road,prior to its leaving or after its joining such highway) under its own powerwith a driver suppliedby theOwner (excludingalwayson suchoccasion that thePlant ison aPublicHighway (oraccess road)during thecurrencyof thehireand isbeing utilisedby theHirer). 14.NOTICEOFACCIDENTS If the Plant is involved in any accident resulting in injury to persons or damage to property,immediatenotificationmustbegivenbytheHirertotheOwnerbytelephone and confirmed in writing to the Owner no later than 24 hours after such telephone notification.InrelationtoanyclaiminrespectofwhichtheHirerisnotboundtofully indemnify theOwner,noadmissionof liability,offer,promiseofpaymentor indemnity sha llbemadeby theHirerwithout theOwner’spriorwrittenpermission. 15.RE- HIRINGETC. Neither thePlantnoranypart thereofshallbe re-hired,sub-let,or lent toany thirdparty without thepriorwrittenpermissionof theOwner. 16.CHANGEOFSITE The Plant shall not be moved from the site to which it was delivered or consigned without thepriorwrittenpermissionof theOwner. 17.RETURNOFPLANTFORREPAIRS If during the Hire Period the Owner decides that urgent repairs to the Plant are necessary then theOwnermay arrange for such repairs to be carried out on site or at any location of theOwner’s nomination. In the event that urgent repairs to the Plant are necessary the Owner shall be obliged to replace the Plant with similar Plant if available, theOwner (butwithoutprejudice to anyof theprovisionsof clauses9 and/ or13)payingall transportcharges involved. In theeventof theOwnerbeingunable to replace thePlant theOwner shall be entitled to terminate theContract forthwith (but without prejudice to any of the provisions of clauses 9 and/or 13) by giving written notice to theHirer. If such terminationoccurs: (a) within three months from the commencement of the Hire Period, the Owner (butwithoutprejudice toanyof theprovisionsofclauses9and/or13) shallpayall transportcharges involved,or, (b) more than threemonths from the commencement of theHire Period, theOwner (but without prejudice to any of the provisions of clauses 9 and/or 13) shall be liableonly for thecostof reloadingand return transport. 18.BASISOFCHARGING (a) The Hirer shall r nder to the Owner for each Working Week an accurate statement of the number of hours the Plant has worked each day. When any personnel, operator or driver is supplied by th Owner, theHirer shall sign their time record sheets.The signatureof theHirer’s representative shallbind theHirer toaccept thehoursshownon the time recordssheets.Whereapplicable, thePlant’s telematics may be checked against the Hirer’s statement or perator’s signed timesheet,shouldanyconflictarise,thenth telematicswilltakeprecedenceover all other records. (If there is any conflict between the signed timesheet and any other record taken, then the signed timesheet takesprecedence.) (b) The Hirer shall be charged for any toolbox talks, briefings, inductions, mandatory trainingwhich theOwner’s personnel have to attend prior to orwhen workingon theHirer’s site. (c) Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by theOwner except where breakdown is due to acts or omissions of third parties and/or the Hirer’s misuse,misdirection or negligence, subject h wever to the provisi ns of lause 8 of theseconditions. (d) Breakdown time in respect of such periods shall be allowed for not more than theWorkingDay less theactualhoursworked. (e) Plant shallbehiredouteither: (i) forastatedminimumnumberofhoursperWorkingDayorperWorkingWeekor, (ii) withoutanyqualificationastominimumho rs.Odddaysatthebeginningand at theendof theHirePeriod shallbechargedpro rata. (f) Stoppages due to changing of tyres and repairs to punctures will be chargeable as working time up to a maximum of 2 hours for any one stoppage and any excesswillbecharged forat theappropriate idle ime rates. (g) In the case of Plant whic is required to be dismantled for the purpose of transportation, if the Owner agrees to a modification of the hire charge for the period required forassembli gonsiteanddismantlinguponcompleti nof theHire Period,suchmodificationofthehirechargeandtheHirePeriodforwhichitshall apply shallbe stated in theOffer/Contract. (h) The Hirer shall pay the Owner’s invoice within 30 days net unless otherwise agreed. (i) Any query with the Owner’s invoice must be raised in writing by the Hirer within14calendardays f receiving the invoice. (j) The Owner in their absolue discretion may agree to accept electronic records and data as an alternative towritten statements of the number of hours, time record sheets andother information related to charging that theHirer is required toprovide to the Owner. Such electronic records and data may include but is not limited to telematicsautomaticallygeneratedby theplantand lectronic logbooks. 19.PLANTHIREDONADAILYBASISWITHOUTQUALIFICATION ASTOHOURS The full daily ratewill be charged on a daily basis irrespective of the hoursworked except in the case of breakdown forwhich theOwner is responsible,when the actual hours worked will be charged pro rata of the averageWorking Day. No hir charge shall be made for Saturday and/or Sunday unless at the Hirer’s request, the Plant is actuallyworked or has been d liver d to site or is onstandby.TheHirermu t inform theOwner if thePlant isgoingtobeusedat these times. 20.PLANTHIREDBYTHEWEEKORMONTHWITHOUT QUALIFICATIONASTOHOURS The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of b eakdown for which the Owner is responsible w n an allowancepro rataof the agreedweekly rateorpro rataof the agreedmonthly rate will be made for each fullWorking Day broken down calculated to the neare t half WorkingDay. 21.PLANTHIREDBYTHEWEEKORMONTHWITH QUALIFICATIONASTOHOURS The full hire for the period in the Contract will be charged as per theWorking Day orWorkingWeek and an additionalpro rata chargewillbemade forhourswork d in excessofsuchperiod.Anallowancewillbemade forbreakdowns forup to theentirety of thatWorkingDayprovidingalways thatwhere theactualhoursworkedare inexcess of thebreakdown time, the actualhours orked shall e chargeable. Idle time for this purpose shall be treated as actualworking time.An allowancemay bemade for any HolidayPeriod that fallswithin theWorkingDayorW rki gWeek,provided that the Plant isnotavailable for theHirer touseduring that time. 22.“ALL-IN”RATES Where“All-In”ratesarechargedbyagreementtheminimumperiodshallbeasdefin d in the Contract and in accordance with the hire rates and terms contained therein, subjecttotheprovisionsofclause26. 23.PERIODOFCHARGING (a) Within the Hire Period, an allowance may be made of not more than 1 day’s hirechargeeachway for trav lling time. If thePlant isusedon thedayof travelling, fullhire rates shallbepaid for theperiodofuseon thatday. Ifmore than1day is properly and unavoidably occupied in transporting thePlant, a hire charge at idl time rates shall be payable for such extra time, provide thatwherePlant is hired for a total period of less than oneWorkingWeek, the full hire rate shall be paid from thedateofdespatch to thedaeof return to theOwn r’snameddepotorother agreed location. b) Should theHirerdelay thecommencementof theHirePeriod forwhatever reason, thentheOwnerreservestherighttochargetheHirertheidletimerateasdefinedi clause25fortheinterveningperiod (c) If the Plant is not made available for collection as agreed between the parties, suchPlant shall be deemedwith immediate effect to be placed back on hire.The Hirer shall be responsible for the safekeeping of the Plant i accordance with clause13, and for all the reasonable costs and expenses incurredby theOwner in seeking tocollect suchPlant. (d) Upon the completion of the Hi e Period, the Hirer shall clean and where necessary, decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be liable for any costs, liabilitiesandexpenses incurredby theOwner should theHirer fail tocomplywith thisclause. CopyrightCPA Construction Plant-hire Association MODEL CONDITIONS FOR THE HIRING OF PLANT (With effect from October 2021) These conditions are not to be used for consumer contracts. A consumer contract is a contract entered into with a person acting in their own capacity and not for or on behalf of any business or trade entity. 1. DEFINITIONS (a) The “Contract” is the Contract between the Owner and the Hirer for the hire of Plant,which incorporates theOfferand isgovernedby theseconditions. (b) The “Hire Period” shall commence when either 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 other agreed location. For the avoidance of doubt the Hire Period includes any time the Plant is being transported to or from site; or is left on site during evenings, nights, weekends, oranyHolidayPeriod. (c) The“Hirer”istheCompany,firm,person,Corporation,orpublicauthoritytaking theOwner’sPlantonhire and includes their successorsorpersonal representatives. (d) “Holiday Period” covers any cessation of work over Easter, Christmas, and the NewYear,aswellasanyotherBankorPublicholidays. (e) “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges andany supplementaryconditions tobe incorporated into theContract. (f) The “Owner” is the Company, firm or person letting the Plant on hire and includes their successors,assignees,orpersonal representatives. (g) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles, equipment, accessories, and any ancillary items,welfareunits, accommodation, vehicles,or equipment therefor, which the Owner agrees to hire to the Hirer including any personnel, or anythingwhich is supplied by theOwner to effect the hire, and anything supplied by theOwner for the safe operation and routine inspection andmaintenanceof thePlant. (h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day, unlessotherwisespecifiedintheContract. (i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday,unlessotherwisespecifiedintheContract. 2. EXTENTOFCONTRACT No terms, conditions, or warranties other than as specifically set forth in the Offer shall be deemed to be incorporated or to form part of theContract or shall otherwise govern the relationshipbetween theOwner and theHirer in relation to thehireof any particularPlantpursuant to theOffer.Thisexcludesallother termsorconditionswhich the Hirer may seek to apply under any order or acknowledgement or acceptance or similardocumentandsupersedesallpriornegotiations, representations,oragreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by theOwner.TheOwner and theHirer do not intend that any of the termsof theContractwillbeenforceablebyvirtueof theContracts (RightsofThird Parties)Act1999byanypersonnotaparty to theContract,except thatapersonwho is a successor tooranassigneeof the rightsof theOwner isdeemed tobecomeaparty to theContractafter thedateof successionorassignment (as thecasemaybe). 3. ACCEPTANCEOFPLANT Acceptance of the Plant or any personnel supplied by the Owner on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing. 4. UNLOADINGANDLOADING TheHirer shall be responsible for the unobstructed access and egress to the site, and whereapplicableanyaccess road to thesiteand,unlessotherwiseagreed inwriting, for unloading and loadingof thePlant at the siteoron the access road; and anypersonnel suppliedby theOwner for suchunloading and/or loading shallbedeemed tobeunder thedirectionandcontrolof theHirer.Suchpersonnelshallforallpurposes inconnection with their employment in theunloading and/or loadingof thePlantbe regarded as the servantsoragentsof theHirer (butwithoutprejudice toanyof theprovisionsofclause 13)who shallbe solely responsible forallclaimsarising inconnectionwithunloading and/or loadingof thePlantby,orwith theassistanceof, suchpersonnel. 5. DELIVERY INGOODORDERANDMAINTENANCE: INSPECTIONREPORTS (a) Unless written notification is received by the Owner within 24 hours from the commencement of the Hire from the Hirer, the Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where the Plant requires to be erected on site, theperiods statedabove shallbecalculated from thedateofcompletederectionof Plant.TheHirer shall be responsible for the safe keeping of thePlant, its use in a workmanlikemannerwithin themanufacturer’s rated capacity and in accordance with themanufacturer’sand/or theOwner’s recommendations,and its returnon the completionof theHirePeriod inequalgoodorder (fairwearand tearexcepted). (b) The Hirer shall at all times when hiring Plant without the Owner’s operator or driver take all reasonable steps to keep themselves acquaintedwith the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, theHirer shall be solely responsible for anydamage, loss,cost,expense,oraccidentswhetherdirectlyor indirectlyarising therefrom. (c) Any 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 completionof theHirePeriod. 6. SERVICINGAND INSPECTION TheHirershallatall reasonable timesallow theOwner, theOwner’sagents,or insurers to have access to the Plant to inspect, test, adjust, repair, or replace the same. The Hirer shall allow such access during theWorkingDay.TheOwner reserves the right to charge the Hirer for any inspection or mant nance work carried out on the Plant during theHirePeriod. 7. GROUNDANDSITECONDITIONS (a) The Hirer is deemed to have knowledg of the site, the site’s a cess road, the propertyor landwhere thePlant is tobedeliv redorcollected, loadedorunloaded, toworkon, travelover,be transportedover,beerectedordismantledon is suitable for the use of such Plant, and any electronic interference which may affect the Plant. (b) Subject to 7(a), if, in the opinion of theHirer, the ground (including any private access roador track) is softorunsuitable for thePlant, then theHir shall supply and lay suitable support ina suitableposition for thePlant. (c) Any suitable support supplied by the Owner is provided solely to assist the Hirer under their dutieswithin clause 7(b) and expressly not to relieve theHirer of their legal, regulatory,or contractualobligations to ensure adequate stabilityof thePlant. (d) TheHirer is responsible for the protection of, and liable for anydamage to, any underground, surface or above ground ervices and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels, and roadways on or adjacent to the site and the Hirer s all liaise as necessary and complywith all requirements of the relevant tatut ry authority or similarbody. 8. HANDLINGOFPLANT a) When a driver or operator or any person is supplied by the Owner with the Plant, the Owner shall supply a person competent in operating the Plant or for such purpose forwhich the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operat rs or persons shall for all purposes in connectionwith their employment in theworking of the Plant be regarded as the servantsor agentsof theHirer (butwithoutprejudice to anyof the provisions of clause 13) and theHir r shall be solely responsible for all site costs andclaimsarising inconnectionwith theoperationof thePlantby the saiddrivers/ operators/persons. (b) The Hirer shall not allow any other person to operate such Plant without the Owner’spriorwrittenconsent. (c) Such drivers or operators or persons shall not operate a y other plant or machinery or undertake work other han that for which they are supplied by the Ownerunlesspreviouslyagreed inwritingbetween theOwnerand theHirer. 9. BREAKDOWN,REPAIRSANDADJUSTMENT (a) Any breakdown or the unsatisfactory working of or damage to any part of the PlantmustbenotifiedimmediatelytotheOwnerandco fi edinwriting.Any claim forbreakdown timewillonlybeconsidered from the timeanddateatwhich writtennotificationisreceivedandacknowledgedbytheOwner. (b) Full allowance for the hire charg sset out in theOfferwill bemade to theHirer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination or fairwear and tear and for all stoppages for normal running r pairs in accordance with the termsof theContract. (c) The Hirer shall not repair, modify, or alter the Plant without the prior written permission of the Owner (including without limitatio the hanging or repair of any tyre/puncture).TheHirer is responsible forallcosts incurred in thechangingor replacementofanytyre(whichmustbeofanequivale tspecification)asapproved by theOwnerand for the repairofanypuncture. (d) The Hirer shall be responsible for all expense involved arising from any breakdown, unsatisfactoryworking of or damage to any part of the Plant due to theHirer’s negligence,misdirection, ormisuse of thePlan,whether by theHirer or their servants, and for the payment of hire at the idl time rate as defined in clause25,duringtheperiodthePlantisnecessarilyidleduetosuchbreakdown, unsatis factoryw orking or damage.TheHirer is responsible for the cost of spar s and/or repairs d ue to theft, loss, or vandalism of the Plant. The Owner will be responsible for the cost of repairs, inclusive of the cost of spares, to the Plant involved inbreakdown fromallothercauses. 10.OTHERSTOPP GES No claimswill be admitted (other than those allowed for und “Breakdown” (clause 9) or for “IdleTime” (clause 25), as herein provided), for stoppages through causes outside theOwner’scontrol, includingbutnot limited toadverseweatherand/orground conditionsnorshall theOwnerbe responsible for thecostorexpenseof recoveringany Plant fromsoftorunsuitableground, rahazardousenvironment.For theavoidanceof doubt, theHirer shallbe responsible for the cost and expenseof recovering anyPlant from softorunsuitablegroundorahazardousenvironment. 11.LOSSOFOTHERPLANTDUETOBREAKDOWN Eachitem fPlantspecifiedintheContractishiredasaseparateunitandthebreakdown or stoppag of one or more units or vehicles (whether the pr perty of the Owner or otherwise) thr ugh any causewhatsoever, shall not entitle theHirer to compensation or allowa ce for the loss ofworking time by any other unit or units ofPlantworking inconjunction therewith,provided thatwhere twoormore itemsofPlantareexpressly hired together as a unit, such items shall be deemed to be one unit for the purpose of breakdown. 12.LIMITATIONOFLIABILITY Except for liability on the part of the Owner which is expressly provided for in t e Contract (including theseclauses): (a) the Owner shall have no liability or responsibility for any loss, or damage of whatevernaturedue toor arising through any causebeyond theOwner’s reasonable CopyrightCPA