CPA Bulletin

www.cpa.uk.net CPA Bulletin > December 2018 47 q & a s We have a Polish company looking to hire machinery from us. The site will be in Poland, and it we are looking to hire it to them under the CPA’s Model Conditions. Can you confirm whether the terms would be relevant for a Polish customer and site?   The CPA’s Model Conditions are relevant in allowing you to hire out machinery overseas to a foreign customer. The customer would be responsible for any loss or damage to the machinery, and should a dispute arise, then within clause 35 of the Model Conditions, it states that if the site is overseas, jurisdiction of the dispute, i.e. which court will hear the dispute, will be decided on where the plant owner’s head office is based – whether it is England &Wales, Scotland or Northern Ireland. a One of our drivers has requested a week’s holiday the week before shutdown week so it’s important we establish when the shutdown period is over Christmas.   In reference to the Construction Industry Joint Council (CIJC), the Christmas shutdown will begin on Saturday 22nd December and end on Sunday 7th January. However some sites and organisations may finish later, or return to work earlier than the above dates. a Q&As: 1 Could you please let me know what starter interrupt or kill switches you recommend. For example a customer is not paying his bills and we want to stop the vehicle/plant from starting. a The CPA does not recommend any particular anti-theft manufacturer, but a list of manufacturers can be found on our website – https://www.cpa.uk.net/plant-security- manufacturers-cesar895972/ If you cannot find any devices suitable to your needs, then either contact your insurance broker or the machine’s manufacturer for a recommendation. We hired a mobile crane to a customer under the Model Conditions, and after it had left the public highway, but before it entered the site itself, it fell into a ditch along the access roadside. The customer is claiming that they are not liable for the subsequent recovery costs or damage sustained as the operator was incompetent. They are also alleging consequential losses as the crane didn’t complete the lifting operations for that day. Finally they are claiming that they hadn’t received a copy of the Model Conditions prior to the hire commencing. We have been trading with them for some time, using and referring to the Model Conditions in previous hires. Where do we stand? a If you have previously sent a copy of the Model Conditions to the customer, and they were referred to under this latest hire agreement, then the terms will be valid. Although the terms may not have been sent on this occasion, they were previously and so the customer should be aware of his responsibilities and liabilities. The customer should be reminded where his responsibilities lie. Once the crane leaves the public highway, then the customer becomes responsible for its welfare. This is addressed in clauses 13(b) and (c) of the Model Conditions. The access to the site is also the responsibility of the customer - by ensuring that the road is suitable for the mobile crane when travelling along it. This is outlined in clause 7(b). Competence of the operator is addressed in clause 8, where the plant owner gives assurance that the operator is qualified to operate the machine. If the operator has a CPCS card or recognised equivalent, then he is deemed competent. If in the possible event that the operator had misjudged the width of the access road, which caused the incident, that misjudgement does not constitute incompetence. With regards the claim for consequential losses suffered by the customer, then this is outlined in clause 12. If the cause of the losses are outside the reasonable control of the owner, then he is not liable for those losses. It can be argued that the problems the customer suffered arose from the quality of the access road. You should highlight these clauses to your customer, reminding him that if payment remains outstanding for the damage and recovery costs, then further action will be considered. I have had an enquiry from one of my customers about the recommended timescales to collect plant that has been off-hired. Can you confirmwhat it is? The timeframe to collect plant once it is off-hired will depend on whether the hire is for a fixed period i.e. for a specific start and end date; or indeterminate (an open-ended hire period). If it is for a fixed period then the plant should be collected at the end of hire period; if indeterminate, then within seven (calendar) days of the off-hire date. This is stated within clause 24(a) of the CPA’s Model Conditions. a