THE CONSTRUCTION PLANT-HIRE ASSOCIATION (CPA)

HIRE CONTRACT TERMS AND CONDITIONS FOR CONSUMERS 2011

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FOR PLANT AND EQUIPMENT SUPPLIED WITHOUT AN OPERATOR

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IMPORTANT NOTE TO OWNERS AND HIRERS OF PLANT AND EQUIPMENT

These CPA Hire Contract Terms for Consumers are intended to apply to the hiring of plant and equipment supplied without an operator to individual consumers not acting in the course of any business. All these terms have been drawn up by the CPA and are recommended to CPA members and consumers as a comprehensive, fair and properly integrated set of hire terms appropriate to this type of equipment.

Both the Owner and Hirer must ensure that they are fully covered by insurance against the risks involved in the hire of the Plant and Equipment under these Terms and Conditions.

IMPORTANT SAFETY WARNING

Before using any Plant and Equipment provided by us, we would draw your attention to the following points:

You must ensure that all users of the Plant and Equipment, in particular electrical equipment, have been instructed in its safe use and operation and that such use is in accordance with any relevant operating and safety instructions supplied with the Plant and Equipment.

You must ensure that all electrical equipment is connected to the correct supply via suitable plugs or sockets.

Where a temporary change in electrical plugs or sockets is required, this must be carried out by a qualified electrician who must also re-instate the Plant and Equipment to its original condition.

You must ensure that all electrical equipment is correctly earthed and insulated.

You must ensure that all liquid fuels and compressed gases supplied for use with the Plant and Equipment are transported, stored and used in a safe manner.

WE WILL PROVIDE YOU WITH SAFETY AND OPERATING INSTRUCTIONS FOR SAFE USE OF THE PLANT AND EQUIPMENT. YOU MUST ONLY OPERATE THE PLANT AND EQUIPMENT IN ACCORDANCE WITH THOSE INSTRUCTIONS.

IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE FULLY COVERED BY INSURANCE FOR ANY RISKS INVOLVED IN THE USE OF THE PLANT AND EQUIPMENT.

THIS SAFETY WARNING IS NOT INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

1. DEFINITIONS

In this Hire Agreement:

1.1 Hire Charges
means the charges including hire charges, delivery fee, Waiver Fee and other applicable charges.

1.2 Outstanding Balance
means all amounts payable under this Agreement less amounts already paid.

1.3 Plant and Equipment
means the plant and equipment hired to you including any substitutions, accessories, manuals or attachments supplied.

1.4 Site
means the location where the Plant and Equipment is to be used.

1.5 You / Your
means the hirer of the Plant and Equipment.

1.6 Waiver Fee
means the optional damage waiver fee described in clause 5.2.

1.7 We / Us / Our
means the owner of the Plant and Equipment.

MAXIMUM PERIOD OF HIRE

The term of this Agreement will not exceed three calendar months.

NON-BUSINESS HIRE

The Plant and Equipment is hired to you only for private or domestic use.
You must not use the Plant and Equipment for any commercial purpose.

4. LIABILITY

If either party breaches this Agreement neither party shall be liable for losses except those which are reasonably foreseeable.

We will not be liable for business losses including:

• loss of profit

• loss of business opportunity

• business interruption

We will not accept responsibility for damage or injury caused by failure to follow safety instructions.

Nothing in this Agreement excludes liability for death or personal injury caused by our negligence.

Our total liability for property damage is limited to £1,000,000 unless otherwise agreed in writing.

5. LOSS, THEFT OF, OR DAMAGE TO THE PLANT AND EQUIPMENT

5.1 Responsibility for Equipment

If the Plant and Equipment is lost, stolen, damaged or destroyed while in your possession you will be responsible for the full cost of repair or replacement.

5.2 Waiver Fee

If you pay the Waiver Fee we may claim from our insurers.
However you will remain liable for any amount not recovered from insurers.

5.3 Defects

You will not be responsible for damage caused by a hidden defect in the Plant and Equipment.

5.4 Notification

You must notify us immediately if equipment is damaged or stolen.

If theft occurs you must notify the police immediately.

5.5 Insurance Assistance

You must cooperate fully with us and our insurers in any investigation relating to loss or damage.

5.6 LOSS OF HIRE CHARGES

If the Plant and Equipment is lost, stolen, damaged, destroyed or otherwise rendered unavailable for hire whilst in your care, custody or control, whether arising from your breach of this Agreement, negligence, misuse, accident or otherwise, you will be liable to pay us loss of hire charges for the period during which the Plant and Equipment cannot be hired to another customer.

Loss of hire charges will be calculated at the standard hire rate applicable to the Plant and Equipment as set out in this Agreement or our current hire price list.

5.7 PERIOD OF LOSS OF HIRE

Loss of hire charges will apply from the date the Plant and Equipment becomes unavailable for hire until the earlier of:

a) the date on which the Plant and Equipment has been fully repaired and returned to service, or

b) the date on which the Plant and Equipment has been replaced with equipment of similar type and specification.

The period of loss of hire will include all reasonable time required for inspection, ordering parts, repair, testing and preparation for return to service.

5.8 NATURE OF LOSS OF HIRE CHARGES

You acknowledge that the loss of hire charges represent a reasonable estimate of the financial loss suffered by us due to the Plant and Equipment being unavailable for hire.

Loss of hire charges will be in addition to any other sums payable including:

• repair costs

• replacement costs

• insurance excess

• transport or recovery costs

• inspection costs

Nothing in this clause limits your liability where loss or damage results from your negligence, misuse or breach of this Agreement.

6. DAMAGE TO SITE OR ACCESS

The Plant and Equipment may cause superficial ground damage such as ruts or cracked paving.

We will not be responsible for such damage.

You are responsible for repairing damage to your property or neighbouring property caused during delivery or use.

7. DELIVERY IN GOOD ORDER

We will supply Plant and Equipment in good working order and fit for normal use.

You must inspect the equipment upon delivery and report any defects immediately.

8. SAFETY

You must:

• follow all operating instructions

• ensure users are competent

• keep children away from equipment

• ensure the Site is safe

9. TRANSPORTATION

If we provide delivery and collection a reasonable charge will apply.

If you transport equipment yourself you are responsible for:

• loading

• transport

• unloading

10. UNAUTHORISED CHANGE OF SITE

The Plant and Equipment must only be used at the Site unless we give written permission.

11. UNAUTHORISED RE-HIRING

You must not:

• re-hire

• sublet

• lend

• transfer possession

of the Plant and Equipment.

12. CONDITION OF EQUIPMENT

You must regularly check the equipment to ensure it remains safe and serviceable.

You must not use the equipment beyond its capacity.

13. ACCESSORIES

If accessories such as blades, discs or drills are fitted you must ensure they are installed correctly.

You are responsible for damage caused by incorrectly fitted accessories.

14. ACCESS FOR INSPECTION

You must allow us reasonable access to inspect, repair or recover the equipment.

15. FAULTS OR BREAKDOWN

You must notify us immediately if equipment breaks down.

Hire charges will not apply during the period of breakdown once reported.

16. ACCIDENT REPORTING

You must notify us immediately if any accident occurs involving the Plant and Equipment.

17. TERMINATION

You may terminate the hire by returning the equipment and paying the outstanding balance.

We may terminate the hire if you breach this Agreement.

18. RETURN OF EQUIPMENT

Equipment must be returned:

• in the same condition as supplied

• subject to fair wear and tear

• cleaned before return

Cleaning charges may apply if equipment is returned dirty.

19. PAYMENT

Hire charges may be calculated daily, weekly or monthly.

Late payment will incur interest at Bank of England base rate + 8% per annum.

20. CONSUMABLE ITEMS

You must pay for:

• fuel

• oils

• greases

• replacement cutting tools

• safety equipment

21. NAMEPLATES

You must not remove or alter any identification marks on the Plant and Equipment.

22. DEPOSITS

We may require a deposit based on the value of the Plant and Equipment.

The deposit will be returned once the equipment is returned in acceptable condition.

23. GENERAL

If any provision of this Agreement is held to be unenforceable the remainder of the Agreement will remain valid.

This Agreement represents the entire agreement between the parties.

No third party has the right to enforce the terms of this Agreement.

GOVERNING LAW

Where the Site is located in the United Kingdom this Agreement will be governed by the laws of England and Wales and subject to the jurisdiction of the courts covering the Site.

© Construction Plant-hire Association 2011
CPA, 27-28 Newbury Street, Barbican, London EC1A 7HU

✅ If you'd like, I can also create a clean formatted PDF / Word version ready for customers to sign, which is how hire companies normally issue these.