1. The term “CHM Group” refers to Complete Highway Care Ltd trading as CHM Group and Complete Highway Maintenance, hereafter referred to as CHM Group.
The following standard Terms and Conditions form part of our quotation.
2. Payment shall be 30 days from date of issue of invoice. Interest on late payments may be applied as per the E.U. Communities (Late Payment in Commercial Transactions) Regulations 2002.
3. The CHM Group quotation shall be valid for either 60 days from date of issue, or as stated on the quotation itself.
4. CHM Group retains full legal title to all goods and equipment hired for traffic management purposes under this quotation and any associated sub-quotations.
5. Any additional items not included in this quotation and required for the safe and effective operation of any traffic management system installed under this quotation shall be agreed prior to commencement.
6. No retention shall be held. No liquidated or un-liquidated damages of any kind shall apply.
7. Any alteration or addition to, removal or subtraction from, by any other party to any traffic management system as installed by CHM Group shall invalidate all insurance and design approval. CHM Group shall not take any responsibility for damage, loss or costs incurred as a result of such interference, and shall expect any such damage, loss or costs incurred to be reimbursed in full.
8. The main contractor shall be responsible for obtaining and meeting the costs of all permits, temporary traffic regulation orders and any other statutory agreements that may be required to effect the works.
9. Any statutory orders issued by any Third Party such as An Garda Síochána in relation to any aspect of the traffic management once installed, must be issued via the main contractor and costs shall be reimbursed. In cases of emergency, CHM Group personnel shall liaise directly with the emergency services if required, with all costs arising from any such situations being reimbursed to CHM Group.
10. The main contractor shall provide the relevant Ordnance Survey tiles in electronic format to allow CAD and other programmes to be used to produce the traffic management drawings.
11. Lines of communication, and the method to be used, shall be agreed in writing before commencement of the works.
12. Notwithstanding the agreement that the actual value of the Subcontract Works executed shall be ascertained by reference to the quantity of the completed Subcontract Works and the agreed CHM Group’s Schedule of Rates, it is agreed that provided CHM Group does not breach the terms the Contractor shall not reduce the agreed scope of the Subcontract Works unless the extent of the Subcontract Works is reduced by virtue of a Variation Order issued by the Employer under the Main Contract. In the event that the scope of the Subcontract Works is reduced in such circumstances, CHM Group shall be entitled to an adjustment of the agreed rates to reflect a decreased recovery of fixed overheads via such rates. For the avoidance of doubt, the extent of the Subcontract Works shall not be reduced merely to facilitate the completion of such work by the Main Contractor or another Subcontractor.
General Conditions for the Hire of Plant & Equipment
1.0 The “Owner” is the company, firm or person letting the plant and or equipment on hire and includes their successors, assigns or personal representatives.
1.1 The “Hirer” is the Company, firm, person, Corporation or public authority taking the Owners plant and/or equipment on hire and includes their successors or personal representatives.
1.2 “Plant/Equipment” covers all classes of plant, machinery, equipment and accessories therefore which the Owner agrees to hire to the Hirer.
1.3 A “Day” shall be 8 hours unless otherwise specified in the Contract.
1.4 A “Week” shall be seven consecutive days.
1.5 A “Working Week” covers the period from starting time on Monday to finishing time on Friday.
1.6 The hire period shall commence from the time of when the plant leaves the Owners depot or place where last employed and shall continue until the plant is received back at the Owners named depot.
2. Extent of Contract
No conditions other than those specifically set forth in the Offer and Acceptance and herein shall be deemed to be incorporated in or form part of the Contract.
3. Acceptance of Plant/Equipment
Acceptance of the plant on site implies acceptance of all terms and conditions herein unless otherwise agreed.
4. Unloading and Loading
Where applicable the Hirer shall be responsible for unloading and loading of the plant and/or equipment at site, and any personnel supplied by the Owner shall be deemed to be under the Hirer’s control and shall comply with all directions of the Hirer.
5. Delivery in Good Order and Maintenance Inspection Reports
(a) Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of plant and/or equipment supplied with an operator within four working days, and in the case of plant and/or equipment supplied without an operator within three working days, of the plant and/or equipment being delivered to the site, 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 Hirers satisfaction, provided that that where the plant and/or equipment requires to be erected on site, the period above stated shall be calculated from date of completed erection of the plant. The Hirer shall be responsible for its safe keeping, use in a workmanlike manner within the manufacturer’s rated capacity and return on the completion of the hire in equal good order.
(b) The Hirer shall when hiring plant and/or equipment without Owner’s operator or driver take all reasonable steps to keep himself acquainted with the state and condition of the plant and/or equipment. If such plant and/or equipment be continued at work or in use in an unsafe and unsatisfactory state, the Hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising there from.
(c) The current Inspection and Test Report required under the relevant legislation, or a copy thereof, shall be supplied by the Owner if requested by the Hirer and returned on completion of hire.
6. Servicing and Inspection
The Hirer shall at all reasonable times allow the Owner, his Agents or his insurers to have access to plant and/or equipment to inspect, test, adjust, repair or replace the same. So far a reasonably possible, such work will be carried at times to suit the convenience of the Hirer. The Owner shall have the authority to enter any land or premises where our equipment is located so that we can inspect, repair, replace or repossess such hired plant and/or equipment.
7. Hard Standings
If the ground is soft or unsuitable for the plant and/or equipment to work on, travel over or stand without a properly constructed hard standing the Hirer shall provide such hard standings in a suitable position for the plant and/or equipment to work on, travel or stand. It is the responsibility of the Hirer to ensure that the equipment is located in a safe location so as not to be an obstacle or danger to any third party.
8. Liability for Loss and Damage
(a) When a driver or operator is supplied by the Owner with the plant and/or equipment such driver or operator shall be competent in operating the plant and/or equipment and the Hirer shall not allow any other person to operate such plant and/or equipment without the Owner’s consent in writing.
(b) The Owner shall be liable to and hereby indemnifies the Hirer in respect of all loss and/or damage to property, including the plant and/or equipment and in respect of claims for loss or injury whether to persons or property arising from the negligence of the Owner or that of its servants or agents. The Owner shall have no further or other liability to the Hirer save as may be expressly set out elsewhere in this agreement.
(c) The Hirer shall be liable to and hereby indemnifies the Owner in respect of all loss and or damage to property including the plant and/or equipment and in respect of all claims for loss or injury whether to persons or property arising from its negligence or that of its servants or agents. The hirer shall have no further or other liability to the Owner save as may be expressly set out elsewhere in this agreement.
(d) It is the Hirer’s responsibility to insure the plant and/or equipment from the moment you take it until the time it is returned to us. You must insure it to it’s full value against loss or damage by accident, fire or theft under a comprehensive insurance policy with a reputable insurance company. You must supply us with full details whenever we ask for them and you must tell the insurance company to note our interest on the policy. You hereby authorize your insurer to communicate directly with us and give us any information we require. You also authorize us to take over any claim which you may have which relates to the plant and/or equipment and to negotiate and settle it directly with your insurer. If for any reason the amount which we receive from the insurance company is less than the toss that we suffer you must pay us the difference. You must not use or permit the Equipment to be used in breach of the insurance policy. If any money is paid out under the policy which relates to the vehicle then you must ensure that the money is paid directly to us. You will hold in trust for us and pay to us on demand all monies you receive from an insurance company or from any other source on settlement of any claim relating to the loss, theft or damage of any of the equipment. You must not compromise any claims without our express consent. You must insure Motor Third Party Liability, Public Liability, Employers Liability and other policies of insurance as shall provide adequate and reasonable insurance cover in respect of the indemnities specified under this Clause.
(e) Notwithstanding the above the Owner shall accept liability for damage, loss or injury due to the arising
(i) prior to delivery of any plant and/or equipment to the site of the hirer where the plant and/or equipment is in transit by transport of the Owner or as otherwise arranged by the Owner.
(ii) during the erection of any plant and/or equipment, where such plant and/or equipment requires to be completely erected on the site, always provided that such erection is under the exclusive control of the Owner or his agent.
(iii) during the dismantling of any plant and/or equipment, where plant and/or equipment requires to be dismantled after use prior to removal from site, always provided that such dismantling is under the control of the Owner or his Agent.
(iv) after the plant and/or equipment has been removed from site and is in transit of the Owner or as otherwise arranged by the Owner.
(v) where plant and/or equipment is travelling to or from a site under its own power with a driver supplied by the Owner.
9. Breakdown, Repairs and Adjustment
(a) When the plant and/or equipment is hired without the Owner’s driver or operator any breakdown or the unsatisfactory working of any part of the plant and/or equipment must be notified immediately to the Owner. Any claim for breakdown time will only be considered from the time and date of notification.
(b) Full allowance for hire charges will be made to the Hirer for any stoppage due to the breakdown of plant and/or equipment caused by the development of inherent fault or fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of Contract.
(c) The Hirer shall not, except for punctures, repair the plant and/or equipment without the written authority of the Owner. Punctures are the responsibility of the Hirer. Allowance of hire charges and for the reasonable cost of repairs will be made by the Owner to the Hirer where repairs have been authorised.
(d) The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner due to the Hirer’s negligence, misdirection or misuse of the plant and/or equipment, whether by the Hirer or his servants, and for the payment of hire at the appropriate idle time rate during the period the plant and/or equipment is necessarily idle due to such breakdown or damage. The Owner will be responsible for the cost of repairs to the plant involved in breakdown from all causes and will bear the cost of providing spare parts.
10. Other Stoppages
No claims will be admitted (other than those allowed for under “Breakdown”, as herein provided), for stoppages through causes outside the Owner’s Control including bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any plant from soft ground.
11. Loss of use of other plant due to breakdown
Each item of plant and/or equipment specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (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 in conjunction therewith, provided that two or more items of plant and/or equipment are hired together as a unit, such item shall be deemed a unit for the purpose of the breakdown.
12. Consequential Losses
Save in respect of the Owner’s liability if any under Clause 5, 8 and 9, the Owner accepts no liability nor responsibility for any consequential loss or damage due to the arising through any cause beyond his control.
13. Notice of Accidents
If the plant and/or equipment is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owner’s office, and in respect of any claim not within the Hirer’s Agreement for indemnity, no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s consent in writing.
14. Re-Hiring, Etc
The plant and/or equipment or any part thereof shall not be re-hired, sub-let, or lent to any third party without the written permission of the Owner.
15. Change of Site
The plant and/or equipment shall not be moved from the site to which it was delivered or consigned without the authority of the Owner, such authority to be confirmed in writing.
16. Return of Plant for Repairs
If during the hire period the Owner decides that urgent repairs to the plant and/or the equipment are necessary he may arrange for such repairs to be carried out on site or at any location of his nomination. In that event the Owner shall be obliged to replace the plant and/or equipment with similar plant and/or equipment if available, the Owner paying all the transport charges involved. In the event of the Owner being unable to replace the plant and/or equipment he shall be entitled to determine the Contract forthwith by giving written notice to the Hirer. If such determination occurs: (a) Within three months from the commencement of the hire the Owner shall pay all transport charges involved, or, (b) More than three months but less than six months from the commencement of hire the Owner shall be liable only for the cost of reloading and return transport.
17. Basis of Charging
The Hirer shall pay the hire rates stated in the agreed quotation. Hire rates are per 7 days or part thereof. Hire charges will begin at the time stated in the quotation and will continue during the hire period until the plant and/or equipment has been collected or returned to our premises. The plant and/or equipment must be returned to the owner is a clean and serviceable condition. All time is chargeable including Saturdays, Sundays and Bank Holidays. Hire charges will be invoiced monthly. If payment is not received when due we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate calculated on a daily basis. This will be without prejudice to any other rights or remedies the owner may have.
18. Plant Hired on a Daily Basis without Qualification as to Hours
The full daily rate will be charged n a daily basis irrespective of the hours worked except in the case of breakdown for which the Owner is responsible, when the actual hours worked will be charged pro rata to the average working day.
19. Plant Hired by the week or month without qualification as to hours
The weekly or monthly 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 or one-twentieth of the agreed monthly rate will be made for each full working day broken down calculated to the nearest half working day. No allowance will be made for breakdowns on Saturdays or Sundays.
20. All in Rates
Where all in rates are charged by agreement the minimum period shall be as defined in the Contract and in accordance with the hire rates and terms contained therein.
21. Commencement and Termination of Hire
(Transport of Plant)
(a) The hire period shall commence from the time when the plant and/or equipment leaves the Owner’s depot or place where last employed and shall continue until the plant and/or equipment is received back at the Owner’s named depot or equal. If the plant be used on day of travelling, full hire rates shall be paid for the period of use on that day.
(b) Termination of Hire, the Owner will be entitled at any time if the Hirer breaks this contract, or if any proceedings are commenced in which the Hirer’s solvency is called into question to terminate this contract with immediate effect and to repossess any or all of the equipment. Such termination will not affect the Owners right to recover from the Hirer any money due under this agreement or for beach of these conditions.
22. Notice of Termination of Contract
Either party shall have the right to determine the Contract at will by notice in writing or by telephone call communicated by either party to the other (except in cases where the plant and/or equipment has been lost or damaged). Notice given by the Hirer to the Owner’s driver or operator shall not be deemed to constitute compliance with the provisions of this Clause.
23. Wages and other chargeable items relating to drivers and operators of plant
All chargeable items shall be paid by the Hirer at the rates contracted save that any subsequent increases before and/or during the hire period arising from awards under national wage agreements and/or from increases in the employer’s statutory contribution should be charged as additions at cost by the Owner and shall be admitted and paid by the Hirer.