The item(s) for hire specified on PTE websites and documentation are hereinafter referred to as the ‘Plant’. PTE is the Owner or Bailee of the Plant and is hereinafter referred to as the ‘Owner’/’Our’/’We’/’Us’. The invoicee is hereinafter referred to as the Hirer. ‘Communications’ refers to the PTE website and any printed marketing documentation branded as PTE. The law of England shall govern the rights and obligations of the parties to this contract; the construction of the same; and, so far as possible, all other matters arising out of or connected with, the making, execution and termination of the same.
The Hirer will pay the hire charges shown on hire contract or stated in Our communications will commence from the time and at the rate(s) shown in Our Communications and continue during the term until the Plant is restored to the Owner in a clean and serviceable condition against the Owner’s receipt. All charges are payable on demand. All hire rates are quoted per 5 day week, Monday to Friday. Subject to the minimum charge, hire periods of 1 day are charged at 50% of the weekly rate, 2 days at 65%, 3 days at 80%, 4 days at 90% unless other rates are specifically quoted. Prices quoted do not include VAT.
Hire charges do not include carriage and any expenses incurred by the Owner in delivering, recovering Plant or attempting same will be paid by the Hirer. Where carriage charges are quoted by the Owner such charges will include a charge for a maximum of 30 minutes attendance by the Owner’s vehicle at the address specified by the Hirer. Further time will be paid for by the Hirer.
(If 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 not later than 3 months from the commencing date. In which circumstances the Hirer shall on the eve of the last day of the said 3 months restore the Plant to the Owner. Plant not restored to the Owner will be subject to detinue charges.
The contract commences when instructions have been received from the Hirer and accepted by the Owner and terminates when all parties have discharged their contractual obligations. The Plant is hired out subject to the terms herein set out. All terms whatsoever other than those expressly set forth herein are hereby excluded.
The person signing the contract warrants that he/she has authority of the Hirer to make this contract on the Hirers behalf. The said person hereby indemnifies the Owner against all losses and cost that may be incurred by the Owner if this is not so. The said person hereby acknowledges that he/she has been instructed in the operation and use of the Plant. The said person and the Hirer hereby undertake to ensure that no one uses the Plant who is not properly instructed and shall not allow the Plant to be misused.
The person signing the contract, having been afforded an opportunity to inspect the Plant, the Plant is hereby deemed to be in good working order and wholly free from damage at the time of delivery.
The Hirer shall be responsible for loading and unloading 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.
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 for all the Plant. The Hirer agrees that he will not sell or otherwise part with control of the Plant.
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.
Where the Plant comprises electrical equipment in part or in whole the same should normally be used with plugs and/or sockets as fitted but if temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition. Under no circumstances should electrical Plant be used without it being correctly earthed unless it is of double insulated construction.
The Hirer shall keep themselves acquainted with the state and condition of the Plant and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the 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 if required by the Owner.
Plant must not be removed from the site specified by the Hirer when the Plant was collected, without the authority of the Owner, or from any subsequently authorised site, or from the address to which the Owner delivered the Plant
The Owner shall not be liable for any consequential 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.
When the Plant is lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the Manufacturer’s recommended selling price. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of Plant returned damaged or unclean. Hire charges will continue until such rectification is complete.
The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and to repossess the Plant or any part thereof.
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.
Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms.