Terms & Conditions
General Terms and Conditions
a/ The Company firm or person letting the plant on hire is hereinafter referred to as the ‘Owner’ and this expression includes its successors.
b/ The ‘Hirer’ is the Company firm or person taking the Owners plant on hire and this expression includes his successors or personal representatives.
c/ ‘Plant’ shall include any machine or part thereof and any attachments or fittings or replacements or any other thing hired under this contract.
d/ ‘Regulations’ means any Act of Parliament, Order, regulation, bye-law or other similar instrument whether national or local, including any amendment thereto or re-enactment or replacement thereof.
e/ ‘Hire Rate’ shall be the rate of hire for the plant as provided overleaf and subject to the provisions of these General Terms and Conditions of Hire.
a/ The Hirers order, whether oral or in writing for the supply of Plant shall be construed as an expressed acceptance of these General Terms and Conditions of Hire and in so far as any provisions of the Hirers said order be inconsistent therewith, these General Terms and Conditions of Hire shall be deemed to prevail.
b/ Any variations or purported variations of these General Terms and Conditions shall be deemed to be of no effect unless otherwise agreed in writing signed by a Director or Principal of the Owner.
c/ The Hirer hereby acknowledged that no representations have been made to him by the Owner its servants or agents, save where any particular purpose or work in any particular place has been made known by the hirer to the Owner or when such representations (if any) have been notified in writing to the Owner at or before the making of this contract.
d/ Should the Hire continue beyond the off hire date on the original signed Hire Documents, the signature will be deemed to cover any hire extension .
3/ Commencement of Hire
Subject to the other provisions of this Contract, the Owner shall supply the plant on the delivery date and at the site stated overleaf. The period of hire shall start on such delivery. Hire charges shall commence on delivery unless otherwise stated on the face of the contract.
Responsibility for loss or damage to the Plant is accepted by the Hirer 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.
This responsibility will also apply whilst the Plant is on site during any period prior to the commencement of the Hire period or after its termination whilst the plant is awaiting collection.
4/ Government Grant
The Hirer undertakes that where the purpose for which the Plant shall be utilised shall be one which qualifies the Owner to obtain appropriate Government Grant or any similar grant the Hirer agrees that he will not take any action which may disqualify the Owner obtaining such Grant or similar grant and will compensate the Owner top the full extent of any refund which the Owner is required to make to the Department of Trade and industry as a result of any such disqualification.
5/ Maintenance and Repair
a) The Owner shall ensure that at the commencement of the hire the Plant shall be of sound Construction and in good working order and properly maintained and that at that time all Regulations regarding construction , maintenance testing and inspection applicable to the Plant have been complied with, provided that unless notification to the contrary is received by the Owner within 48 hours of delivery to the site. Plant shall be deemed to have been delivered in good working order.
b/ The Owner shall (save as hereinafter provided) carry out and provide all necessary repairs and replacements as quickly as reasonably possible, and (so far as reasonably possible and during normal working hours) at times to suit the convenience of the Hirer.
a/ The Hirer shall repair all punctures and replace tyres at his own expenses, but save aforesaid he shall not repair the Plant or make replacements or alterations unless authorised to do so by the Owner. Any replacements by the Hirer shall forthwith become the property of the Owner, and part of the Plant unless otherwise agreed in writing.
b/ 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) are necessary.
c/ The Hirer shall at all reasonable times allow the Owner or is accredited representative or its insurers’ representatives to have access to the Plant to inspect, test, adjust, repair or replace the same.
d/ The Hirer shall provide fuel, oil, grease and shall carry out a daily check to ensure that the correct engine, hydraulic and cooling system levels are maintained, and shall take steps to ensure the protection of the Plant from damage by frost, including the use of a suitable anti-freeze mixture in the proportion specified by the makers of the Plant, regular cleaning, the maintenance of the correct tyre pressure and the tightening of wheel nuts.
e/ Without prejudice to the generality of the foregoing the Hirer shall cause the following steps to be taken to maintain any traction battery forming part of the Plant.
1/ Battery must be properly charged, must at no time be operated in a discharge condition and must be allowed to cool for at least half an hour before use.
2/ Battery must be checked daily to ensure the correct level of distilled water is maintained.
3/ 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” charge position on the charging apparatus.
(Serious battery damage will occur if these points are not supervised)
6/ Hirer’s Liability For Loss or Damage
a/ The Hirer accepts full responsibility to the Owner for loss or damage to or destruction of the Plant suffered during the period of hire from whatever cause the same may arise (fair wear and tear or Owner’s negligence expected) and is fully responsible to the Owner for the safekeeping of the Plant and its return in equal order to the Owner at the end of the hire (fair wear and tear expected.)
b/ 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 howsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of anybody in any way caused by or relating to the Plant or its use (including but not limited to the payment of all damages costs and charges in connection therewith)
c/ 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 nor in respect of the personal injury or death of the Hirer or his employees or contractors or other person in any way caused by or relation to the Plant or its use.
a) Unless otherwise set out Overleaf the Owner shall render invoices (to and include where applicable the price of transport to and from the site and insurance and licensing effected by the Owner pursuant to Clause 10(c) hereof for the first month hire which shall be paid in advance and then each month for Plant on hire during the following month, the Hirer shall pay by the end of the month following presentation of invoices or by bankers’ order as stated overleaf.
b) Immediately upon the hiring being terminated by the Owner in accordance with sub-Clause t3(b) hereof the Hirer shall pay to the owner (in addition to any compensation payable hereunder)all monies then accrued under this Contract and any monies which the Owner may be liable to pay to any third party by reason of any seizure and removal.
The Hirer shall pay the Owner forthwith for all replace and replacements to the Plant, except for repairs and replacements arising from fair wear and tear or from notification (given under the proviso to paragraph (a) of the Owners obligations) under Clause 5 hereof.
8/ Variation in hire rates
Unless a specific Daily Rate or Hire Charge is agreed, Hires will be charged at a Weekly Rate and any Daily charge will be made at 40% of Weekly Rate per day or the Weekly Rate whichever is the lesser. Monthly Rate for longer term Hires will be calculated at Weekly Rate times 52 divided by 12.
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 Quotation/Contract and the Retail Price Index published in the month of delivery of the equipment and thereafter at twelve monthly intervals.
The Hire 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 Hire Rate for that week shall be: Rate
The Hirer shall not without the consent of the Owner assign, sub-let, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant.
10/ Handling of Plant
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 his 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.
The Hirer shall employ an experienced driver (not being less than 18 years of age) to operate the Plant in a safe and proper manner. Where however the Owner provides the services for a driver with the Plant, he shall work under the supervision and instruction of the Hirer or the Hirer’s agent or his representative. For the duration of the hire the driver shall be deemed to be a servant of the Hirer who along shall be responsible for his actions as though he were in the Hirer’s direct employ. The Hirer shall not allow any person other than the driver provided by the Hirer or the Owner to operate the Plant without the Owner’s prior consent in writing.
The Hirer shall not use or cause or permit any other person to use the Plant on any public road without having first obtained the consent in writing of the Owner and where such consent is given the Hirer shall ensure that the driver holds a current British driving licence applicable to the Plant; the Owner shall, on or before giving such consent, licence and insurance the Plant in accordance with the requirements of the Road Traffic Act at the Hirer’s expense.
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 shall be confirmed to the Owner as soon as reasonably possible.
11/ Changes of Site
The Hirer shall not move nor permit the Plant to be moved from the site specified overleaf without the Owner’s prior consent in writing. Any consent given by the Owner is without prejudice to all the other obligations of the Hirer under this contract.
12/ Owner Plates
These may be affixed or marked on the Plant by the owner and shall not be removed mutilated or obliterated by the Hirer.
13/ Termination of Hire
Expect in the case of a fixed item contract the hire of the Plant may be terminated by either party giving to the other party not less than seven days noticed.
Without prejudice to the other provisions of this Contract should the Hirer:
Withhold payment of the hire charged for fourteen days, or
Fail to observe and perform any of the terms and conditions of this Contract, or
do or cause to be done or permit or suffer anything whereby the Owner’s rights in the Plant are prejudiced or put into jeopardy, or
Commit any act of bankruptcy or have a receiver appointed or make any arrangement or composition with his creditors, or being a company go into liquidation whether compulsory or voluntary (except fir reconstruction or amalgamation only) or
suffer any distress or execution upon his property.
Then in any such case the Owner may determine the hiring and seize and remove the Plant for which purpose it shall be lawful for the Owner to enter into or upon any premises or site where the Plant may be.
c) 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 Clause 6 of this Contract until it is so collected.
d) All equipment supplied with the hire should be returned – including original gas bottles supplied. A charge of £120 will apply should the original not be returned.
14/ Allowances and Liability
Without prejudice to the provisions for payment hereinbefore set out, the Hirer shall be full liable to the Owner for damages for any breach of this Contract.
The Owner shall not 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 Hirer against liability arsing from a fundamental breach of contract on its part.
The Owner shall not be liable to the Hirer for any loss or damage caused by delay in delivery or non-delivery of the Plant or by delay in repairing or replacing the Plant if such delay of non-delivery is caused by an industrial dispute (including but not limited to strikes and lockouts), by force majeure, by non-availability or spare parts or by other circumstances beyond the Owner’s control.
Hire charges shall continue during any stoppage whether or not the Plant is returned to the Hirer’s 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 given credit against hire charges for any stoppage save that by agreement with the Hirer the Owner may given 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 Clause 5 hereof.
The Hirer shall not be liable for hire charges at the “Hire Rate” in respect of any period after the termination of this Agreement during which the Plant or any part thereof cannot be removed from the site to the Owner’s depot owing to an industrial dispute (including but not limited strikes or lock outs) affecting the Hirer or the site.
The Hirer shall at the Hirer’s expense fully insure with a reputable insurance office.
the Plant as described in the Hire Acknowledgement Documents for the value shown therein or £15,000.00 whichever is the higher, against lost or damage or destruction howsoever arising
In respect of all the Hirer’s liability (or responsibility and indemnify) to the Owner within sub-Clause 6(b) above and
Subject to Clause 10(C) above, in respect of the Hirer’s liability to third parties relating to the Plant or its use.
The Hirer shall
produce the policy or policies effected hereunder for inspection by the Owner on demand and
Hold the proceeds of any claim under sub-Clause (i) above in trust for the Owner.
16/ Time or Indulgence
Any time or other indulgence granted by the Owner shall not affect the strict rights of the Owner under this Contract.
N.B. Clause headings are included for ease of reference only.
Standard Sales Terms & Conditions
“AILSA MACHINERY LTD” means the company trading as Ailsa Machinery Ltd whose trading address is 9 Colvilles Place, East Kilbride, G75 0PZ
“the customer” means the organisation who has entered into an agreement to purchase a forklift truck from Ailsa Machinery Ltd.
2. General Terms
2.1 Product Description: The forklift truck supplied will be identified by a stock number and description shown on the invoice and may be further described by Ailsa Machinery Ltd in published form (whether hard-copy or Internet listing). Unless otherwise stated in writing, all specifications, sizes and descriptions provided by Ailsa Machinery Ltd are approximate only and intended to provide a guide to the characteristics of the forklift truck. Accordingly, such information does not constitute any contractual liability accepted by Ailsa Machinery Ltd.
2.2 Payment : Unless otherwise agreed by Ailsa Machinery Ltd, delivery of a forklift truck to the customer or collection of a forklift truck by the customer will be permitted only after Ailsa Machinery Ltd have received full payment for the forklift truck as cleared funds. Ailsa Machinery Ltd will accept payment from the customer by electronic funds transfer, by debit or credit card, by cheque or by cash. Payment by card may incur a card processing charge usually 4% but may rise to 7.5%
2.3 Delivery or Collection : Once Ailsa Machinery Ltd have received cleared payment from the customer, delivery of the forklift truck (where Ailsa Machinery Ltd have agreed to deliver) or collection of the forklift truck by the customer will take place as soon as practicable unless alternative timings are requested by the customer.
2.3a Ailsa Machinery Ltd will not offer any liabilty or claim of compensation with regard to damages or late delivery for goods in transit;.
2.4 Transfer of title: Transfer of title of the forklift truck will pass from Ailsa Machinery Ltd to the customer once
i) Ailsa Machinery Ltd have received full payment for the forklift truck and ii) the customer has taken possession of the forklift truck by collection of the forklift truck from Ailsa Machinery Ltd or by delivery to customer site if arranged by Ailsa Machinery Ltd.
2.5 Risk and Insurance: The forklift truck shall be at the customer’s risk immediately from transfer of title as in Section 2.4 above.
3. Warranty and Guarantee
3.1 On-site warranty: All warranties (12 month and 24 month) will be agreed in writing, Ailsa Machinery Ltd guarantees the forklift truck for a period of 12 months for all sales trucks and 24 months for refurbished trucks, warranty commences at transfer of title to the customer. During this period, Ailsa Machinery Ltd guarantee that the truck will satisfactorily perform the duties which may be reasonably be expected from a forklift truck of the specification, age and condition of the forklift truck purchased by the customer, provided that the warranty conditions specified in section 3.4 have been met by the customers and excluding those items specified in section 3.5, and within the limits defined in section 3.6.
3.2 Money-back guarantee : Additionally, within the 28-day period commencing from passage of title of the forklift truck to the customer, Ailsa Machinery Ltd will accept return of the forklift truck from the customer and will refund the customer’s purchase cost, provided that the warranty conditions specified in section 3.4 have been met by the customer and provided that the exclusions in Section 3.5 and provided that the forklift truck is returned in its original sale condition to Ailsa Machinery Ltd. Money will be returned once the truck has arrived at the Ailsa Machinery premises and is inspected with all the above criteria adhered to. Once this is agreed the money will be returned within 28 days. Any cost of delivery to the customer shall not be considered refundable. The cost of returning the forklift truck shall be borne by the customer or, alternatively, the customer may request Ailsa Machinery Ltd to arrange collection of the forklift truck and agree that Ailsa Machinery Ltd may deduct the cost of collection from the refund amount. Money will be returned once the truck has arrived at the Ailsa Machinery premises and is inspected with all the above criteria adhered to. Once this is agreed the money will be returned within 28 days.
3.3 Warranty Performance: Where the customer reports any fault within the forklift truck whilst under warranty, Ailsa Machinery Ltd may, at its own discretion, repair the fault, arrange for another party to repair the fault, offer financial compensation instead of repairing the fault, exchange the forklift truck for an alternative forklift truck (with the customer’s permission) or take return of the forklift truck and refund the original cost of the truck to the customer.
3.4 Warranty and guarantee conditions: All warranties and guarantees offered are conditional upon:
i) The customer protecting the truck from damage
ii) The customer operating the truck only for its designed purpose and within its specified capacities
iii) The customer ensuring that the truck is used only by licensed operators.
d) The customer maintaining the truck properly in accordance with the correct procedures for the model.
e) The customer reporting any faults requiring attention under warranty before the end of the warranty period.
3.5 Exclusions: Ailsa Machinery Ltd will not accept responsibility under its warranties or guarantees where :
i) The truck has been damaged after title has passed to the customer
ii) The truck has been operated incorrectly or outside of its recommended environment and capacity
iii) The customer has modified the truck in any way
3.6 Limitations of warranty and guarantee : Ailsa Machinery Ltd accept no responsibility beyond, at its own discretion, the repair of the forklift truck, its replacement or a refund of its cost. In any circumstances, Ailsa Machinery Ltd do not accept any liability for costs exceeding the price charged to the customer for the forklift truck. Specifically Ailsa Machinery Ltd accept no responsibility for :
i) Any repairs funded directly by the customer without the written permission of Ailsa Machinery Ltd
ii) Any costs of hiring a replacement truck during any period that the supplied forklift truck is inoperative
iii) Any claims for lost business, lost opportunity or any other costs related to an inoperative forklift truck.