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Terms & Conditions For Hire

THE CONSTRUCTION PLANT-HIRE ASSOCIATION

 

HIRE CONTRACT TERMS FOR CONSUMERS

IMPORTANT SAFETY WARNING

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

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

  2. You must ensure that all electrical equipment is connected to the correct supply via suitable plugs or sockets. Where a temporary change in plugs or sockets is required, this must be carried out by a competent person who must also reinstate the equipment to its original condition. You must also ensure that all electrical equipment is correctly earthed and insulated.

  3. You must ensure that all liquid fuels and compressed gases supplied for use with the equipment are transported, stored and used in a safe manner in accordance with any safety instructions supplied with the equipment or as instructed by us.

AS WE MAKE ALL REASONABLE EFFORTS TO INSTRUCT YOU IN THE SAFE USE OF THE EQUIPMENT, WE CANNOT ACCEPT ANY RESPONSIBILITY FOR ANY DAMAGE/INJURY CAUSED BY YOUR FAILURE TO COMPLY WITH OPERATING AND SAFETY INSTRUCTIONS SUPPLIED TO YOU. AS SUCH, YOU MUST ENSURE THAT YOU ARE PROPERLY COVERED BY INSURANCE FOR ANY RISKS INVOLVED IN THE USE OF THE EQUIPMENT SUCH AS PERSONAL INJURY OR DEATH TO USERS OF THE EQUIPMENT.

THIS SAFETY WARNING DOES NOT IN ANY WAY ATTEMPT TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU IN THE EVENT OF EITHER DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, BREACH OF CONTRACT OR OTHER DEFAULT.

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NOTE TO OWNERS OF EQUIPMENT

The 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 customers as a comprehensive, fair and properly integrated set of hire terms appropriate to this type of equipment.

They are written with the object of providing a fair and equitable basis of contract between equipment owners and their customers, and have been drafted with the Unfair Terms in Consumer Contracts Regulations 1999 in mind. Both the equipment owner and the customer should ensure they are adequately covered by insurance against the risks involved.

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CPA HIRE CONTRACT TERMS FOR CONSUMERS

1. MAXIMUM PERIOD OF HIRE

You are not allowed to hire the equipment for more than three calendar months.

2. NON-BUSINESS HIRE

You are not allowed to hire the equipment for any use other than private domestic use.

3. DELIVERY IN GOOD ORDER

(a) We will ensure the equipment is in good working order and fit for normal use.
(b) You must check the equipment at hire commencement and report any defects.
(c) If faulty within 24 hours, notify us. We will replace it and waive hire charges for that period.
(d) Faults reported after 24 hours may incur a charge depending on usage.

4. TRANSPORTATION, LOADING AND UNLOADING

(a) Unless agreed otherwise, you are responsible for transport.
(b) You are responsible for loading/unloading if transporting.
(c) If our staff assist, any damage caused not due to their negligence is your responsibility.
(d) We can deliver at a reasonable cost if requested.

5. UNAUTHORISED CHANGE OF SITE

Use only at the agreed site. You must obtain written permission to move it elsewhere.

6. UNAUTHORISED RE-HIRING OF EQUIPMENT

You may not lend, sublet, or re-hire the equipment without written permission.

7. CONDITION OF EQUIPMENT

(a) You must monitor the equipment’s safety and cleanliness.
(b) Do not exceed capacity or cause excessive wear.
(c) Follow all safety and operating instructions.
(d) Do not modify equipment except for plug/socket changes.

8. INSURANCE / LOSS OR DAMAGE

(a) Insurance will be offered; you may decline.
(b) You must take reasonable care of the equipment.
(c) You won’t be liable for loss/damage if due care was taken.
(d) You may be liable if loss/damage was due to your negligence.
(e) Not liable for faults due to poor-quality equipment.
(f) Notify us immediately in case of theft/loss.
(g) Assist us and insurers as needed, e.g., file police reports.

9. FITTING OF ACCESSORIES

(a) You are responsible for correctly fitting accessories.
(b) You are liable for injuries or damage due to incorrect fitting—unless caused by hidden defects.

10. ACCESS FOR SERVICING

You must allow us reasonable access for inspection, repairs, or replacement.

11. BREAKDOWN OF EQUIPMENT

(a) Report breakdowns immediately. Return faulty equipment.
(b) You won’t be charged while it’s unusable.
(c) You’re responsible for punctures.
(d) Do not repair unless authorised.
(e) If irreparable, we will substitute or offer new hire dates or refund.

12. NOTIFICATION OF ACCIDENTS

You must report any accidents involving the equipment immediately.

13. LIABILITY

(a) We are only liable for foreseeable losses.
(b) No liability for business-related losses.
(c) You may be liable if a third party sues due to your misuse.

14. TERMINATION OF HIRE

(a) You can return equipment any time.
(b) We won’t ask for early return unless you breach terms.
(c) If you default, we may terminate and reclaim the equipment.

15. RETURN OF EQUIPMENT

(a) Return equipment in original condition (reasonable wear excepted).
(b) Clean before return. We may charge for cleaning if not done.

16. PAYMENT OF HIRE CHARGES

  • Equipment is hired per:

    • Day: return within 24 hours

    • Week: return by 3:30 PM on the 7th day

    • Working week: return by 3:30 PM Friday

    • Weekend: return by 8:30 AM Monday

    • Month: return by 3:30 PM on the same date next month

  • Charges include weekends and public holidays.

  • Charges are usually due at start/end of hire.

17. CONSUMABLE ITEMS

(a) Fuel, oil, grease available on request.
(b) You cover sharpening costs.
(c) Consumables and safety gear must be paid for (refund if returned unused).

18. NAMEPLATES

Do not remove or obscure any nameplates or marks.

19. DISPOSAL OF EQUIPMENT

Do not sell or lend without supervision.

20. DEPOSITS

We may require a deposit. It will be refunded minus any charges if equipment is returned in good condition.

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