1. Contract Formation

The hire contract comes into force once the Hirer places an order, verbally or in writing, and the Supplier accepts the order.

Where appropriate, the contract may also be subject to the Supplier granting a credit facility.

2. Definitions

Supplier means St Helens Plant Limited.

Hirer means the company, firm, person, corporation or public authority taking the Supplier’s equipment on hire, including authorised servants, agents, subcontractors and representatives.

List Price means the prices shown in the Supplier’s current price list.

3. Terms of Payment

All accounts are strictly net and include VAT where applicable. Where the Hirer has an approved credit account confirmed in writing, payment is due 30 days from the date of invoice.

• Invoices may be issued at regular intervals during the hire period.
• If any sum remains unpaid after the due date, all hire charges become immediately due.
• The Supplier may suspend further supplies until overdue debts are discharged.
• Credit facilities are granted at the Supplier’s discretion and may be reviewed periodically.
• Where no approved credit account exists, a deposit and minimum hire charge may be required before hire begins.

4. Authority & Acceptance

The person entering into the hire contract warrants that they have authority to do so on behalf of the Hirer.

Upon delivery or collection, signing the delivery note shall be conclusive proof of receipt of the equipment and acceptance of these conditions.

No variation to these conditions shall be valid unless agreed in writing by the Supplier.

5. Collection, Delivery & Delivery Charges

Where equipment is collected by the Hirer, the Hirer must check the equipment once loaded and sign the delivery note before leaving the Supplier’s premises.

Where delivery or collection is organised by the Supplier, the Hirer shall pay the applicable delivery or collection charge.

Charges may include wasted journeys or transport time where reasonably incurred by the Supplier in attempting to comply with the Hirer’s requirements.

6. Delivery & Collection Liability

The Supplier will make reasonable efforts to meet delivery or collection dates but accepts no liability for failure to do so unless an express written guarantee has been given.

No returns will be accepted on Saturdays, Sundays or outside normal office hours.

Where the Hirer cancels the contract, the Supplier may recover costs incurred in preparing and gathering the goods, including consequential loss of hire income where applicable.

7. Hirer’s Responsibility For Acceptance

If the Hirer or their representative is not present when equipment is delivered, the Supplier will dispatch a Hire Delivery Note.

Unless any discrepancy is reported in writing and received by the Supplier within two working days of delivery, the Hire Delivery Note shall be conclusive proof of delivery of the equipment listed.

8. Return & Off-Hire Procedure

At the end of the hire period, the Hirer must return equipment to the Supplier’s depot in a clean and sound condition.

• The Hirer must give at least 48 hours’ notice to end the hire period.
• The Hirer must obtain an off-hire reference from the Supplier.
• Hire charges cease from the agreed date only if equipment is returned within the notice period.
• Saturdays, Sundays, Bank Holidays and Public Holidays are not counted as working days.
• Counting procedures take place after return to the Supplier’s yard.

If the Supplier is unable to collect off-hired equipment from the location specified by the Hirer, the equipment will continue to attract hire charges until recovered.

9. Non-Returned, Lost or Stolen Equipment

The Hirer accepts full responsibility for the care, safekeeping and return of the equipment in good order.

• The Hirer must pay costs for rectifying damaged or unclean equipment.
• The Hirer must immediately notify the Supplier of any loss.
• Hire charges may continue until loss notification is received.
• Where equipment is stolen, the Hirer must report the theft to the Police and provide a crime reference number.
• The Supplier may continue to charge hire until all sums due are recovered.

10. Insurance Responsibility

The Hirer agrees to pay the Supplier the full new list sale rate for equipment that is lost, stolen or damaged beyond economic repair, without deduction for usage, wear, tear or age.

The Hirer should insure the equipment on this basis for the full hire period.

11. Maintenance of Equipment

The Hirer must keep themselves aware of the condition of the equipment and ensure it remains safe, serviceable and clean.

Any breakdown or unsatisfactory working condition must be reported immediately in writing to the Supplier.

Returned equipment deemed damaged and unusable may be charged at the Supplier’s applicable rates.

12. Safety

The Supplier will provide appropriate instructional material where reasonably practicable.

The Hirer must ensure that this information is passed to operatives using the equipment and that those operatives are competent, trained and capable of safely erecting or using the equipment.

13. Period of Hire

Hire charges commence from the date of collection or delivery.

• Equipment may be subject to a minimum hire period.
• Hire charges are calculated weekly.
• Fractions of a week may be charged daily.
• No allowance is made for holidays, weather delays or other matters beyond the Supplier’s control.

14. Variations To Prices

Quotations are open for acceptance for 28 days. The Supplier reserves the right to increase prices after this period.

After acceptance, the Supplier may increase any price, including for equipment already on hire, by giving 28 days’ written notice.

15. Outstanding Accounts

The Supplier may charge compound interest at 2% per month, calculated daily, on sums outstanding after the due date.

The right to charge interest does not affect the Supplier’s right to terminate the hire due to non-payment.

16. Termination

If the Hirer breaches this or any other contract with the Supplier, ceases trading, becomes insolvent, enters liquidation, has a receiver appointed, dishonours payment, or otherwise defaults, the Supplier may treat the contract as repudiated.

The Supplier may then repossess the equipment, recover monies due and claim damages without prejudice to any other rights or remedies.

17. Owner’s Rights & Re-Hire

Where the Hirer intends to re-hire equipment to a third party, the Hirer remains fully responsible for the equipment and all hire charges, loss or damage charges and return obligations.

18. Hirer’s Indemnity

The Hirer shall indemnify the Supplier against loss, damage, claims, proceedings, costs or expenses arising from injury, death or property damage caused by or arising from the use or misuse of the equipment.

The Hirer must maintain appropriate insurance covering these liabilities.

19. Title & Identification of Equipment

Equipment remains the property of the Supplier at all times, regardless of loss, theft or any payment made by the Hirer.

All components must be returned in the exact dimensions supplied and must be identifiable as equipment supplied by St Helens Plant Limited.

20. VAT

Unless stated otherwise, prices shown in quotations, contracts, invoices, certificates and correspondence are net of VAT.

VAT shall be payable in addition at the applicable rate set by law.

21. Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract Rights of Third Parties Act 1999.