THIS HIRE CONTRACT is made the day of
BETWEEN:
(1) JB EDLINGTON AND CO LTD whose registered office is at The Old bus
depot , Ropery Road, Gainsborough, Lincolnshire DN21 2NS Company
Registration No 86637 (‘the Owner’) and
(2) whose registered office is at Company
Registration No (‘the Hirer’)
Plant to be hired:
The plant will be kept and used by the Hirer at:
Delivery point:
Period of hire: … days BUT NOT EXCEEDING 84 DAYS (minimum 3 days)
Hire rent: £ per day subject to a minimum hire rent of £ VAT will be
added to rent charged at the rate from time to time in force.
By this agreement the Owner lets and the Hirer takes the plant on hire for the period
not exceeding 84 days reckoned in accordance with the terms and conditions set out
below which form part of this agreement.
SIGNED FOR AND ON BEHALF OF THE OWNER………………………………………
SIGNED FOR AND ON BEHALF OF THE HIRER…………………………………………
TERMS AND CONDITIONS
1 Duration
The period of hire shall commence on the earlier of the date of this agreement and
the date on which the plant is collected by or delivered to the Hirer. The period of hire
shall end on the earlier of the following days, the day on which it is redelivered to the
Owner at the delivery point specified above, or the day on which it is collected by the
Owner from the Hirer at the delivery point specified above, or on the expiry of the
84th day of the period. The Hirer shall in any event return the plant to the Owner not
later than the end of the 84th day of the period of hire.
2 Payment of hire rent
On or before taking delivery of the plant the Hirer shall pay to the Owner the
minimum hire rent specified above, and shall pay punctually and in full the hire rent
weekly in advance, the first such payment to be made immediately upon expiry of the
minimum period of hire. The date of delivery and the date of redelivery shall be
counted as whole days for this purpose.
3 Defective plant
The Hirer shall report any defects or malfunction in the plant within 48 hours of
delivery and shall, if so requested by the Owner, return the plant to the delivery point
for inspection by the Owner. If the Owner agrees in its absolute discretion that the
plant is not functioning properly, it shall use all reasonable endeavours (but shall not
be bound) to provide a suitable replacement item or items from the stock of the
Owner, and shall credit the Hirer with such an amount not exceeding 2 days’ hire rent
as it shall in its absolute discretion consider appropriate. Subject only to the above,
the Owner accepts no responsibility for any loss, damage, costs, claims or expenses
suffered or incurred by the Hirer or by any third person (including the Hirer’s servants
or agents), except that the Owner does not by this exclude its liability for death or
personal injury arising out of the negligence of the Owner, its servants or agents.
4 Use
The plant shall be under the control of the Hirer at all times from delivery until
redelivery, and the Hirer shall ensure that plant is used safely and without risk to
health, is used by competent and duly licensed operators as the case may be, and is
not used for any purpose for which it is not designed or reasonably suitable.
5 Indemnity
The Hirer shall be responsible for and shall indemnify the Owner against all loss or
damage caused to or by the plant from whatever cause arising.
6 Insurance
The Hirer shall keep the plant insured against loss or damage and third party risks
and shall produce evidence of such insurance to the Owner, who shall be entitled to
withhold delivery until such production.
7 No sale etc
The Hirer shall not move the plant from the location specified above without first
obtaining the Owner’s written consent (which may be withheld or made subject to
such conditions as the Owner in its absolute discretion shall decide). The Hirer shall
keep the plant in its sole possession and shall not lend the plant or sublet it to any
person or otherwise part with possession of it in any way. The Hirer acknowledges
that the plant remains the property of the Owner at all times and must not in any
circumstances be sold or used as security. The Hirer shall not permit any lien to be
created on the plant or pledge the Owner’s credit for repairs to it.
8 Maintenance
The Owner will maintain the plant at its own expense and the Hirer shall, when
required by the Owner, grant access to the plant for the purpose of inspecting it and
carrying out any work of maintenance or repair.
9 Repairs
9.1 The Hirer must not repair or attempt to repair the plant in the event of
damage or breakdown but must at once notify the Owner.
9.2 If the damage or breakdown has been caused by the fault or carelessness
of the Hirer or by misuse of the plant, the repair will be at the expense of
the Hirer.
9.3 In any case other than under clause 9.2 above the repair will be at the
expense of the Owner.
9.4 The Owner may substitute other plant of a similar type or condition in lieu
of repairing the plant without relieving the Hirer from responsibility for the
cost of repair under clause 9.2 and without extending the period of hire.
9.5 The Owner may terminate the hiring by written notice to the Hirer at any
time if in the sole opinion of the Owner the plant is not worth repairing or
cannot be repaired; in such event (except where clause 9.2 applies) the
Owner shall repay the hire rent for any outstanding period for which it has
already been paid.
9.6 Nothing in this clause shall affect or diminish the liability of the Hirer for
any breach of this agreement or render the Owner liable to the Hirer for
any resultant or consequential loss, damage or inconvenience.
10 Termination
This agreement and the hiring constituted by it shall without notice but at the option
of the Owner end, and the Hirer shall no longer be in possession of the plant with the
Owner’s consent, in any of the following circumstances:
10.1 a default by the Hirer in the payment of any money due under this
agreement for a period of 7 days;
10.2 a breach by the Hirer of any of the provisions of this agreement other than
those relating to the payment of money;
10.3 the Hirer presenting or allowing to be presented an application for an
interim order or a petition for a bankruptcy order within the meaning of the
Insolvency Act 1986 or allowing the levy of any distress or execution
against the Hirer;
10.4 the Hirer entering into or attempting to enter into a composition with
creditors or (in the case of a limited company) going into liquidation
except a voluntary liquidation for the purpose of amalgamation or
reconstruction on terms previously approved by the Owner in writing;
10.5 a receiver or administrator being appointed in respect of the Hirer’s assets
or any of them, or a meeting, whether formal or informal, being called of
the Hirer’s creditors or any of them.