BHE Plant Limited >> Terms & Conditions >> Plant & Equipment Rental

1. Definitions and Law The hired item(s) specified overleaf are hereto referred to as the Plant. BHE Plant Ltd is the Owner or Bailee of the Plant and is hereinafter referred to as the Owner. The invoicee shown overleaf is hereinafter referred to as the Hirer. The Contract shall be governed by and construed in accordance with the Laws of England. 2. Basis of Charging The Hirer will pay the hire charges which will commence from the time and at the rate(s) shown overleaf and continue during the term until the Plant is returned to the Owner or is collected by the Owner's transport. All charges are payable on demand. All time is chargeable i.e. including Saturday, Sunday, Bank Holidays etc. 3. Carriage Charges Hire charges do not include carriage, and any expenses incurred by the Owner delivering, recovering Plant or attempting same will be paid by the Hirer. Where carriage charges are quoted by the Owner, such charges will include charges for a maximum of 30 minutes attendance by the Owner's vehicle at the address specified by the Hirer. Further attendance time will be paid for by the Hirer. 4. Maximum Period of Contract (If the Hirer is not a Limited Company) If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company then the contract will terminate no later than three months from the commencing date. In which circumstances the Hirer shall on the eve of the last day of the said three months return the Plant to the Owner. 5. Extent of Contract The Contract commences at the time shown overleaf and terminates when a receipt of all the Plant is obtained from the Owner or when clause four is invoked whichever is the earlier. The Plant is hired out subject to the terms overleaf and herein set out. All terms whatsoever other than those expressly set forth herein are hereby excluded. 6. Responsibilities of the Person Signing The Person signing the Contract warrants that he has the authority of the Hirer to make this Contract on the Hirer's behalf. The said person will indemnify the Owner against all losses and costs that may be incurred by the Owner if this is not so. The said person hereby acknowledges that he has been instructed in the operation and use of the Plant. The Person signing and the Hirer jointly and severally undertake to ensure that no one uses the Plant who is not properly instructed and shall not allow the Plant to be misused. 7. Delivery in Good Order The Person signing the Contract, having been afforded an opportunity to inspect the Plant accepts that the Plant is hereby deemed to be in good working order and wholly free from damage at the time of delivery. 8. Responsibility of the Hirer for Loading and Unloading The Hirer shall be responsible for the loading and unloading of the Plant at the address specified by the Hirer, and likewise at the Owner's premises when transported by the Hirer, or his agent, and any person supplied by the Owner shall be deemed to be an employee of the Hirer at such times. 9. Hirer's Responsibilities (Third Party) The Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim, or proceeding whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer, (if the same is possible), and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Plant) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Plant or any part thereof and shall at all times keep all Plant fully insured in respect of all risks aforesaid mentioned. 10. The Hirer's Responsibility The Hirer's Responsibility commences on receipt of the Plant or on delivery as requested and ends when the Hirer is in possession of the Owner's receipt of all the Plant. The Hirer agrees that he will not sell or otherwise part with possession and/or control of the Plant. 11. Electrical Equipment Where the Plant comprises of Electrical Equipment in part or in whole the same must be connected to the correct supply by a qualified electrician. Under no circumstances should electrical Plant be used without being correctly earthed unless it is of double insulated specification. 12. Maintenance of Plant and Breakdown Procedures The Hirer shall at all times keep himself acquainted with the state and conditions of the Plant and ensure it remains safe, serviceable and clean. Any breakdowns or any unsatisfactory working of the Plant must be immediately notified to the Owner. Under no circumstances shall a Hirer repair or attempt to repair the Plant unless authorised by the Owner. Such Plant must be returned to the Owner's premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage charges if required by the Owner. 13. Removal of Plant The Plant must not be removed without the authority of the Owner, from the site specified by the Hirer at the commencement of the contract, or from any subsequently authorised site. 14. Consequential Losses The Owner shall not be liable for any expense, liability, loss, claim, or proceeding whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability, or repossession of the Plant, or any part thereof or any breakdown or stoppage of same. 15. Lost, non-returned, damaged or unclean Plant When the Plant is reported lost or is not returned when the termination of hire is requested by the Hirer, the hire will be deemed to end when the Hirer pays to the Owner the manufacturer's current list price. The Hirer agrees to pay the Owner all costs incurred by the Owner rectifying the condition of the Plant returned damaged or unclean. The hire charges will continue until such rectification is complete. 16. Termination of Hire The Owner shall have the right, upon reasonable justification for so doing, to terminate this contract (such termination to be effective immediately) and to repossess the Plant or any part thereof. 17. Rights of Access The Hirer hereby authorises the Owner (upon production of this document) to enter upon any premises wherein the Owner reasonably believes any Plant or any part thereof to be, and if, and in so far as, the Owner in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same. 18. Invalidation Each clause in this Contract shall be read independently from any other clause and if it is or becomes invalid such invalidation will not affect the validity of the remaining terms. 19. Base of Charges Five-day week, minimum one week. 20. Service Charge BHE Plant Limited reserve the right to add up to 10% service charge should settlement be received after 30 days from the date of the invoice.