FORKTRUCK HIRE CONTRACT

DEFINITIONS

1. The company, Dewars Forktrucks Limited, letting the plant on hire is hereafter referred to as the "Owner" and this term includes its successors.
2. The company, firm, organisation or individual taking the Owners Plant on hire is hereafter referred to as the "Hirer" and this term includes the company, firm’s organisation or individual or the successors and personal representatives or employees of the company, firm organisation or individual.
3. "Plant" shall include any machine or part thereof, any attachments or fittings or any other thing hired under this hire contract.
4. "Regulations" means any Act of Parliament, order, regulation, by-law or similar instrument whether local or national, including any amendment thereto or re-enactment or replacement thereof.
5. "Hire Rate" shall be the rate quoted for Daily, Weekly, Monthly or Long Term Hire (usually 3 to 5 years) and specified in the Hire Contract (acceptance)  attached to this contract.

ACCEPTANCE

6. The Hirer's order, whether oral or in writing, for the supply of Plant shall be construed as an expressed acceptance of the Terms & Conditions of Hire and insofar as any provision of the Hirer's said order be inconsistent therewith, these Terms & Conditions of Hire shall be deemed to prevail.
7. Any variations in this Contract shall be in writing.
8 The Hirer warrants to the Owner that no representations have been made to the Hirer concerning the Plant and in particular concerning the suitability of the Plant for any particular purposes or for work in any particular place and that in entering into this Contract the Hirer does not rely upon any such representation and that the Hirer has satisfied himself independently upon all such matters.

COMMENCEMENT OF HIRE

9. Subject to the other provisions of this Contract the Owner shall supply the Plant on the delivery date specified in the Hire Contract (acceptance) and to the address or site specified in the Hire Contract (acceptance). The period of hire shall start on such delivery. Hire charges shall commence on this delivery date unless specified in the Hire Contract (acceptance).
10. On commencement of hire the Hirer shall put into effect "all risks" insurance of the Plant to the full replacement value of the Plant. The Hirer accepts responsibility for loss or damage to the Plant from the time the Plant is delivered to the site until it is removed from the site by, or on the instructions, of the Owner. The responsibility will also apply whilst the Plant is on site during any period prior to the commencement of the hire period or after the termination whilst the Plant is awaiting collection.

MAINTENANCE & REPAIR

Please note you are required by law to obtain a LOLA certificate every year, we can arrange this for you, just give us a call on 01727 821460.

Owners Obligations
11. The Owner shall ensure that at the commencement of the hire period the Plant shall be of sound construction, in good working order and properly maintained and that at the time of hire all Regulations regarding construction, maintenance, testing and inspection applicable to the Plant have been complied with.
12. provided that, unless the Owner to the contrary in writing receives notification within 48 hours of delivery to the site, the Plant shall be deemed to have been delivered in good working order.
13. The Owner shall (save as hereinafter provided) carry out all necessary repairs and replacements as quickly as reasonably possible and, so far as reasonably possible during normal working hours at times to suit the convenience of the Hirer.

Hirers Obligations
14. The Hirer shall repair all punctures and replace all damaged tyres at the Hirer's expense, but save as aforesaid he shall not repair the Plant or make replacements or alterations to the Plant unless authorised to do so in writing by the Owner.

14.(a) For Long Term Hire, all plant equipment must be returned with new tyres and forks.

15. The Hirer shall forthwith notify the Owner if the Plant breaks down or fails to work properly, or if any repairs or replacements (other than to or of damaged or punctured tyres) become necessary.

16. The Hirer shall at reasonable times allow the Owner or the Owners accredited representative or the Owners insurer’s representatives have access to the Plant to inspect, test, adjust or replace any part or parts that may be required.

17. Other than on Daily Hire the Hirer shall provide fuel, oil, grease and distilled water and shall carry out daily checks to ensure that the correct engine, hydraulic and cooling systems levels are fully maintained, and shall take steps to ensure the protection of the Plant from damage by frost, including the provision and use of suitable anti-freeze mixture in the proportions specified by the makers of the Plant.

18. Regular cleaning, the maintenance of the correct tyre pressures and the tightening of wheel nuts. Without prejudice to the generality of the foregoing the Hirer shall cause the following steps to be taken to maintain any traction battery-forming pan of the plant:(a) Battery must be properly charged and must at no time be operated in a discharged condition and must be allowed to cool for at least half an hour before use after charging has taken place.(b) Battery must be checked daily to ensure the correct level of distilled water is maintained.(c) An equalising charge must be carried out every four weeks. When an equalising charge is given the charger must be switched off manually after four (4) hours as the charge termination automatic relay only operates in the "normal" position.

HIRERS LIABILITY FOR LOSS OR DAMAGE

19. The Hirer accepts full responsibility to the Owner for loss or damage to or the destruction of the Plant suffered during the period of hire from whatever cause the same arise (fair wear and tear excepted) and is fully responsible to the Owner for the safe keeping of the Plant and its return in equal good order to the Owner (fair wear and tear excepted) at the end of the hire period.
20. The Hirer accepts all liability and responsibility in respect of, and shall fully and completely indemnify the Owner against, all third party claims and losses whatsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of any person in any way caused by or relating to the Plant or use of the Plant (including but not limited to the payment of all damages, cost and charges in connection therewith) except insofar as any damage, loss, destruction, injury or death results from neglect or wilful default of the Owner or the Owners employees or agents.
21 The Owner shall not be liable to the Hirer in respect of any damage to or loss or destruction of the property of the Hirer unless such damage, loss or destruction is caused by neglect or wilful default of the Owner or the Owners employees or agents.

PAYMENT

22. Unless otherwise agreed in writing by the Owner, the Owner shall render invoice(s) to the Hirer, including where applicable transport charges to and from the site at the end of each month in respect of Long Term Hire and Monthly Hire or Daily or Weekly in respect of Short Term Hire. The Hirer shall pay such charges by the end of the month following the date of invoice, all Short Term Hire payments must be made no later than 28 days from the date of the invoice, by cheque payable to Dewars Forktrucks Limited or by Bankers Standing Order (form will be provided).
23. Immediately upon the hiring being terminated by the Owner an accordance with sub-clause 35 of section headed "Termination of Hire" hereof the Hirer shall pay to the Owner
(in addition to any compensation payable hereunder) all moneys then accrued due under this contract and any moneys the Owner may be liable to pay to any third party by reason of Court Costs or costs of any seizure or removal.
24. The Hirer shall pay the Owner forthwith for all repairs and replacements to the Plant except for repairs and replacements arising from fair wear and tear or from notification given under the provisions of paragraphs 11, 12 & 13 contained under section headed "Owners Obligations".

VARIATION IN HIRE RATES

25. The Owner reserves the right to increase the Hire Rate quoted by the proportional difference between the Retail Price Index most recently published by the Department of Trade and Industry (or any successor Ministries or Departments) prior to the date of this Contract or previous quotation and the Retail Price Index published in the month of delivery of the Plant and thereafter at 12 monthly intervals.
26. The Hire Rate is based on the use of the Plant for up to 40 hours in any week. If the Plant is used for over 40 hours in any week then the owner reserves the right to increase the Hire Rate on the following basis:-
(a)  41 hours - 50 hours an additional £1.50 per hour
(b)  51 hours - 60 hours an additional £2.50 per hour
(c)  61 hours - 70 hours an additional £3.00 per hour

SUBLETTING 

27 The Hirer shall not, without the written consent of the Owner, assign, sub-let, loan, mortgage, charge, pledge or part with possession of or otherwise deal with the plant.

HANDLING OF PLANT

28. The Plant shall remain the property of the Owner but shall at all times after delivery to the site be under the direction or control of the Hirer only. The Hirer is fully responsible to the Owner for the use of the Plant only for purposes and in places for which it is suitable and for the Hirers own business and in a skilful safe and workmanlike manner and in accordance with the Regulations. If the plant should become bogged down or should for any other reason require recovery, then the Hirer shall be responsible for all costs incurred.
29. The Hirer shall employ a driver who has received professional training (not being less than 18 years of age) and being in possession of a valid licence to operate the Plant in a safe and competent manner. Where however the Owner provides the services of a driver with the Plant, such driver will be competent and shall work under the supervision and direction of the Hirer or the Hirers representative. For the duration of the hire the driver shall be deemed to be a servant of the Hirer who alone shall be responsible for his actions as though he were in the Hirers direct employ. The Hirer shall not allow any persons other than the driver designated by the Hirer or provided by the Owner to operate the Plant without the Owners prior consent in writing.
30. The Hirer shall not use or cause or permit any other person to use the Plant on any public road without ensuring that all Ministry of Transport and DVLA (or any successor Ministries or Departments) regulations and road traffic acts are fully complied with. The Hirer shall ensure that the driver holds a current British driving licence applicable to the Plant and, at the Hirers expense and with the written permission of the Owner, insure, tax and licence the Plant in accordance with the requirements of the Road Traffic Act.
31. The Hirer shall notify the Owner immediately in the event of any accident, loss or damage arising and in any way caused by or relating to the use of the Plant howsoever caused. Oral notification must be confirmed by the Hirer, in writing, to the Owner as soon as reasonably possible.

CHANGES OF SITE

32. The Hirer shall not move or permit to the Plant to be moved from the site specified in the Hire Contract (acceptance) without the Owners prior consent in writing. Any consent given by the Owner is without prejudice to all the other obligations of the Hirer under this contract.

OWNER PLATES

33. Owners identification plates or identification stickers affixed or marked on the Plant by the Owner shall not be removed, mutilated, covered or obliterated in any circumstances by the Hirer or the Hirers representatives. Specification and serial number plates affixed to the Plant by the manufacturer shall likewise not be removed, mutilated, covered or obliterated by the Hirer or the Hirers representatives.

TERMINATION OF HIRE

34. Long Term contracts (usually 3 to 5 years) may only be terminated when the full term of the contract period has been paid in full.  We must receive termination notice in writing via email (This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. ) or (addressed to Dewar's Fork Trucks Ltd, Tollgate Farm, Tollgate Road, Conley Heath, and St. Albans, AL4 0NY.

All bad debts must also be paid in full before termination can take place and charges will apply.  Please always contact us on Tel 01727 821460 in the first instance so we can advise.  Three months’ notice is required for any termination of hire except for short term hire.

35. Without prejudice to the other provisions of this contract should the Hirer:-
(a) Withhold payment of the hire charges for fourteen days
(b) Fail to observe and perform any of the other terms and conditions of this contract
(c) Do or cause to be done or permit or suffer anything whereby the Owners rights in the Plant are prejudiced or put into jeopardy, or
(d) Commit any act of bankruptcy or have a receiver appointed or make any arrangement or composition with the said Hirers creditors, or being a limited company go into liquidation whether compulsory or voluntary (except for reconstruction or amalgamation only), or
(e) Suffer any distress or execution upon the Hirers property
Then and in any such case the Owner may terminate the hiring and seize and remove the Plant for which purpose it it shall be lawful for the Owner to enter into or upon any premises or site where the Plant may be housed.
36. When the hire is terminated it shall be the responsibility of the Owner to collect the Plant from the site, but if the Plant is not collected at the termination of the hire the Hirer shall continue to accept full responsibility and liability as set out in paragraphs 19, 20 and 21 under the section headed "Hirers Responsibility for Loss or Damage" of this contract until the Plant is so collected.

ALLOWANCES AND LIABILITY

37. Without prejudice to the provisions for payment hereinbefore set out, the Hirer shall be fully liable to the Owner for damages or any breach of this contract.
38. Without prejudice to any liability assumed under paragraphs 6, 7 and 8 under the section headed "Acceptance" and paragraphs 19, 20 and 21 under the section headed "Hirers Liability for Loss or damage. The Owner shall not be liable to the Hirer for any consequential or indirect loss or damage (including loss of profits) arising out of any accident or damages howsoever caused, provided always that nothing in this sub clause shall protect the Owner against liability arising from a fundamental breach of contract on its part.
39. The Owner shall not be liable to the Hirer for any loss or damage by delay in delivery or non-delivery of the Plant or by delay in repairing or replacing the plant if such a delay in delivery or non-delivery is caused by industrial dispute (including but not limited to strikes and lockouts), by force majeure. By non-delivery of spare parts or by other circumstances beyond the Owners control.
40. Hire charges shall continue during any stoppage whether or not the Plant is returned to the Owners works and whether or not a replacement of the Plant is supplied for the period of the stoppage save that by agreement with the Hirer the Owner may give credit against hire charges for any stoppage due to breakdown of the Plant caused by an inherent fault or fair wear and tear notified to the Owner by the Hirer under paragraph 15 under the section headed "Hirers Obligations"
41. The Hirer shall be liable for hire charges at the Hire rate in respect of any period after termination of this Agreement during which the Plant or any part thereof cannot be removed from the site to the Owners depot owing to an industrial dispute (including but not limited to strikes or lockouts) affecting the Hirer or the site.

INSURANCE

42. The Hirer shall at the Hirers expense fully insure with a reputable insurance office:-
(a) The Plant as specified in the Hire Contract (acceptance) for the value shown against loss or damage or destruction howsoever arising
(b) In respect of all the Hirers liability (or responsibility and indemnity) to the Owner under paragraph 20 under the section headed "Hirers liability for Loss or Damage “and
(c) Subject to paragraph 30 under the section headed "Handling of Plant" in respect of the Hirers liability to third parties relating to the Plant or its use.
43. The Hirer shall:-
(a) Produce the policy or policies effected hereunder for inspection by the Owner on demand and
(b) Hold the proceeds of any claim made in trust for the Owner

TIME OR INDULGENCE

44. Any time or indulgence granted to the Owner shall not affect the strict rights of the Owner under this Contract.

NB. Clause headings are included for ease of reference only.

Dewar’s Forktrucks Ltd.
Tollgate Farm, Tollgate Road, Colney Heath, St. Albans, Herts. AL4 ONY
Tel No. 01727 821460 Fax. 01727 821465 email This email address is being protected from spambots. You need JavaScript enabled to view it.