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TERMS & CONDITIONS OF SALE

Terms of Contract

These terms and conditions shall govern all sales of goods or service (the goods) by Beacon International Ltd (B.I) to any buyer (The Buyer). Purchase orders by the Buyer shall constitute offers to buy and no contract shall exist until the order has been accepted by B.I. and such contract shall be subject to B.I.’s terms and conditions herein set out. The conditions of the buyers purchase order shall not form part of the contract unless expressly agreed by B.I. in writing. The buyers purchase order must be in writing and show item number, full description of goods and quantity.

All orders accepted by B.I. are only accepted under these terms and conditions and to the exclusion of any other terms and conditions.

No variation of these conditions shall be effective unless in writing and signed by or on behalf of both parties. Notwithstanding any variation these conditions shall continue to apply except in so far as they are specifically excluded in writing by B.I. The buyer acknowledges that there are no representations outside these terms and conditions, which have induced him to enter the contract.

Price

The price is exclusive of any VAT and any other tax, which shall be paid by the buyer.

The price of the goods shall be B.I’s quoted price or, where no price has been quoted (or a quoted price is no longer valid) the price listed in B.I.’s published price list current at the date of the order.

A quotation given by B.I. will constitute an offer to treat only. Any order from the buyer based on the quotation shall constitute an offer to buy and no contract shall exist until accepted by B.I. as herein provided.

The time of payment of the price shall be of the essence of the contract.

Terms of Payment

Subject to any special terms agreed in writing between B.I. and the buyer, B.I. shall be entitled to invoice the buyer for the price of the Goods on or at any time after delivery of the Goods.

At any time after B.I. has notified the Buyer that the Goods are ready for delivery but the Buyer has requested B.I. to delay delivery.

In any case where the Buyer is to collect or make arrangements for collection of the Goods at any time after B.I has notified the Buyer that the Goods are ready for collection.               

The due date for the payment by the Buyer, of the price of the Goods, shall be thirty days after end of month following invoice by B.I. for the goods notwithstanding that delivery may not have taken place and the title to the Goods has not passed to the Buyer.

Without prejudice to the provisions of sub-clause 3.2 B.I, will allow the Buyer the discretionary right to pay the price of the Goods by the last day of the month following the month in which B.I’s invoice is dated (the discretionary date) until this discretionary right shall be withdrawn by B.I. giving notice to the buyer of such withdrawal. Notice shall not be given by B.I. unless the Buyer shall be in default of any payment obligation on the part of the Buyer under any other contract entered into between the Buyer and B.I.

Any payment on account will be allocated against the Buyer’s longest outstanding invoices first as determined solely by B.I.

Where the Buyer fails to make any payment by the discretionary date then, without prejudice to any other right or remedy available to B.I, B.I. reserves the right to charge interest on the amount underpaid 4% over Barclays Bank base rate from time to time, calculated on a daily basis, from and including the discretionary date until payment is received in full.

Goods in Transit

The Buyer hereby accepts the general conditions of any carrier employed by B.I. Neither B.I. nor any carrier shall be liable for damage or loss of Goods in transit or for shortage on delivery unless notice in writing is given to the carrier concerned and B.I. within 3 days of the date of delivery or in the case of non-delivery or loss of Goods within 14 days from the date of despatch and such other steps are taken by the Buyer (including if necessary shorter notice to the carrier concerned) as may be necessary to preserve the claim against the carrier.

In cases of Goods damaged or lost in transit to a destination abroad, the provisions of shall apply, save that B.I. and the carrier concerned must be notified in writing within 7 days of the date of delivery of Goods or (if lost) within 45 days from the date of despatch

Delivery

Delivery will be made to the Buyer at a United Kingdom site as agreed. Delivery dates and times are given in good faith but are estimates for information purposes only. No liability will attach to B.I. for failure to meet delivery dates or times. Time of delivery shall not be of the essence.

B.I. shall be entitled to use any method of transportation it may select for despatch of the Goods.

B.I. shall provide the Buyer with any documents or certificates necessary to enable the Buyer to accept delivery. The Buyer shall be responsible for unloading and storage of the Goods upon delivery to the specified site. If through the Buyers default delivery may not be accepted without prejudice to any other right or remedy available to B.I. the Buyer shall pay any extra costs incurred by B.I.

The cost of carriage and any packing which at its sole discretion B.I. deems necessary shall be charged to the Buyer in addition to the price of the Goods.

Storage

Where B.I. has notified the Buyer that the Goods are ready for delivery the Buyer shall take delivery or arrange for storage. If the Buyer does not so take delivery or arrange for storage within 7 days of notification, B.I. shall be entitled to invoice and be paid for the Goods as though the goods had been duly delivered in accordance with these instructions and B.I. may arrange storage either at B.I’s own premises or elsewhere on the Buyers behalf and all charges for storage insurance and demurrage shall be payable by the Buyer.

Title Property and Risk

Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions the title to and the property in the Goods shall not pass to the Buyer until B.I has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by B.I. to the Buyer for which payment is then due.

Until title to and the property in Goods passes to the Buyer, the Buyer shall not pledge the goods or documents of title thereto or allow any lieu to arise thereon.  The Buyer shall keep the goods separate and identified as the property of B.I. and property stored protected and insured.

Until such time as the title to and property in the Goods passes to the Buyer, B.I. without prejudice to any other right or remedy available to it, shall be entitled at any time to require the Buyer to deliver up the goods to B.I. and, if the buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the goods.

Risk of loss or of damage to the Goods shall pass to the Buyer.

In the case of Goods for collection from B.I’s premises, 3 days after the time when B.I. notifies the Buyer that the Goods are available for collection.

Or in the case of Goods to be delivered otherwise that at B.I’s premises or if the Buyer fails to take delivery of the Goods, at the time of despatch by B.I.

Cancellation of Order

The Buyer with B.I.’s consent which shall not be unreasonably withheld may cancel any order for goods held in stock by B.I. at the date of such order and by a minimum of 48 hours written notice, provided that the Buyer shall pay a cancellation charge equivalent to 20% of the order price of the Goods and reimburse B.I. all costs incurred by B.I. to any third party in relation to that order.

An order for non-standard goods other than those held in stock by B.I. at the date of the Buyer’s order may not be cancelled once an order has been accepted by B.I.

Each delivery of Goods will be considered as a separate order for the purpose of this clause.

Defective Goods

If the Buyer notifies B.I. in writing within 28 days of delivery of the Goods that they are defective and returns the defective Goods to B.I. at its own expense and risk, B.I. will at its option replace or repair without charge the defective Goods or any defective component part of such Goods or credit the Buyer with the price of such Goods.

In respect of Goods defective in manufacture B.I. will endeavour to arrange for the manufacturer’s warranty to extend to the Buyer.

B.I. will not be liable hereunder in any way if when the Goods, which the Buyer alleges are defective, are tested or examined by B.I.  the alleged defect appears to have been caused by the buyer’s misuse, neglect, improper installation any cause beyond the range of intended use of the product or by accident fire or other hazard.

Unless otherwise provided in this agreement and except in respect of death or personal injury caused by B.I’s negligence B.I. shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law, or under the express terms of the contract for any indirect special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of B.I. it’s employees or agents or otherwise which arise out of or in connection with the supply of Goods or the provision of services or their use by the Buyer. The entire liability of B.I. shall not exceed the contract price. 

Non-Defective Goods

The return of the non-defective Goods may only be considered by B.I. provided that all of the following conditions are met

  • The Goods are standard Goods normally held in stock by B.I.
  • The Goods have been purchased from B.I. and proof of such purchase can be provided to B.I. by the Buyer.
  • The Goods are in a re-saleable condition.
  • The Buyer agrees to pay a restocking charge equivalent to 40% of the order price of the goods.
  • The Buyer agrees to return the goods to B.I. at the Buyers expense.
  • Non-standard Goods may not be returned by the Buyer to B.I. under any circumstances.

Force Majeure

B.I. shall not be liable for non-performance or delay in performance or for any loss or damage to the Goods due to act of God, war, riot, embargo labour dispute, civil commotion, fire, theft, shortage of labour or materials, confiscation, delays in delivery or services of manufacturers, suppliers and sub-contractors, prohibition of import or export or any unforeseen event (whether or not similar in nature to those specified) outside it’s reasonable control.

Default of the Buyer

If the Buyer shall commit a breach of these conditions or of any of its obligations to B.I. or if any arrestment, distress or execution shall be levied upon the buyer’s property or assets or if the Buyer shall make or offer to make arrangement or composition with its creditors or become subject to an administration order or commit any act of bankruptcy or become apparently insolvent or grant a trust deed for its creditors or if any petition or receiving order in bankruptcy shall be presented or made against it or if the Buyer shall be a limited company and any resolution or petition to wind up such company’s business (other  than that for the purposes of amalgamation or reconstruction ) shall be passed or presented or if a petition for the appointment of  an administrator to such company shall be presented or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed or if B.I. considers the arrangements for payment by the Buyer or the buyers credit to be unsatisfactory B.I. shall at its sole discretion have the right forthwith to terminate any contract subsisting with the buyer without prejudice to any claim or right or remedy available to B.I. or render an invoice for the full balance of the orders not then completed.  

Installation of Goods supplied by B.I.

Where the Goods supplied includes the installation by B.I. or its agents the prices quoted by B.I. to the Buyer will assume that

  • The site is ready for installation to commence at the agreed time.
  • Installation is to be completed within normal working hours.
  • Site access is available at all times necessary to complete the installation.
  • Adequate mechanical lifting equipment is provided by the Buyer in the event the installation is to be carried out above ground level

Should any of the conditions set out in 13.1 not be met, B.I. shall charge the Buyer for the excess at B.I.’s current rate (including travel and overtime rate)

It is the Buyers responsibility to provide a safe environment for B.I.’s employees and or contractors to carry out the installation. Without detracting from the generality of the foregoing such provision must include heating, lighting and power supplies.

Protection of fixtures, fittings and other vulnerable items is the responsibility of the Buyer.

If according to B.I. the form of services or the terms of engagement under which the quotation has been provided change in any manner B.I. reserve the right to vary or amend the quotation.

Warranty

There are no warranties, conditions, guarantees or representations whether express or implied by statute or otherwise orally or in writing except as provided herein.

Subject as expressly provided in these conditions and except where the Goods are sold to a person dealing as a Consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) order 1976) the statutory rights of the Buyer are not affected by these conditions. 

Quantity Estimate

Subject to prior agreement in writing B.I. will not provide any on-site services for the Buyer. Any estimate of the quantity of Goods required by the buyer prepared by B.I. is for guidance only and will be based on information provided by the Buyer to B.I. Any such estimate does not constitute an offer capable of acceptance and B.I. accepts no liability for the accuracy thereof. When providing an estimate, B.I. does not include any allowance for additional materials for wastage or installation and the Buyer must check the estimate prior to ordering from B.I. If the estimate is inaccurate or the form of services or the terms of engagement under which the estimate is provided change in any manner, then B.I. reserves the right to vary or amend the estimate as it sees fit.

Insurance

The Buyer shall insure the Goods whether or not installed against fire theft damage or other normal insurance risks for their replacement cost. Where on-site works are executed at the Buyers or any third party premises by B.I. or its sub-contractors the Buyer shall notify their insurers of such work-taking place and ensure they are fully covered for the duration of the works.

TERMS & CONDITIONS OF HIRE

1. Definitions

  • (a) The “Contract” is the Contract between the Owner and the Hirer for the hire of Plant, which incorporates the Offer and is governed by these conditions.
  • (b) The “Hire Period” shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back at the Owner’s named depot or other agreed location. For the avoidance of doubt the Hire Period includes the time Plant is left on site during a Holiday Period
  • (c) The “Hirer” is the Company, firm, person, Corporation or public authority taking the Owner’s Plant on hire and includes their successors or personal representatives.
  • (d) “Holiday Period” covers any cessation of work over Easter, Christmas and the New Year; as well as any other Bank or Public holidays.
  • (e) “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be incorporated into the Contract.
  • (f) The “Owner” is the Company, firm or person letting the Plant on hire and includes their successors, assignees or personal representatives.
  • (g) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles, equipment, accessories, and any ancillary items, vehicles or equipment therefor, which the Owner agrees to hire to the Hirer, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the Plant.
  • (h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day, unless otherwise specified in the Contract. (i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday, unless otherwise specified in the Contract.

2. Extent of Contract

No terms, conditions or warranties other than as specifically set forth in the Offer shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern the relationship between the Owner and the Hirer in relation to the hire of any particular Plant pursuant to the Offer. This excludes all other terms or conditions which the Hirer may seek to apply under any order or acknowledgement or acceptance or similar document and supersedes all prior negotiations, representations or agreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by the Owner. The Owner and the Hirer do not intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to the Contract, except that a person who is a successor to or an assignee of the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).

3. Acceptance of Plant

Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.

4. Unloading and Loading

The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Plant at the site; and any personnel supplied by the Owner for such unloading and / or loading shall be deemed to be under the direction and control of the Hirer. Such personnel shall for all purposes in connection with their employment in the unloading and / or loading of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) who shall be solely responsible for all claims arising in connection with unloading and / or loading of the Plant by, or with the assistance of, such personnel.

5. Delivery in Good Order and Maintenance: Inspection Reports

  • (a) Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of Plant supplied with an operator within four working days, and in the case of Plant supplied without an operator within three working days, of the Plant being delivered to the site, the Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where the Plant requires to be erected on site, the periods stated above shall be calculated from the date of completed erection of Plant. The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and / or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).
  • (b) The Hirer shall at all times when hiring Plant without the Owner’s operator or driver take all reasonable steps to keep himself acquainted with the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising therefrom.
  • (c) Any inspection report required under the relevant legislation, or a copy thereof, shall be supplied by the Owner, if requested by the Hirer, and returned on completion of the Hire Period.

6. Servicing and Inspection

The Hirer shall at all reasonable times allow the Owner, his agents or his insurers to have access to the Plant to inspect, test, adjust, repair or replace the same. So far as reasonably practicable the Hirer shall allow such access during the Working Day.

7. Ground and Site Conditions

  • (a) The Hirer is deemed to have knowledge of the site or the property or land where the Plant is to be delivered and the Hirer warrants that the condition of the site or place of delivery of the Plant is suitable for the use of such Plant.
  • (b) If, in the opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant to work on, travel over, be transported over, be erected or dismantled on without timbers or equivalent support, the Hirer shall supply and lay suitable timbers or equivalent support in a suitable position for the Plant to travel over, work on, be transported over, be erected or dismantled on, including for the purpose of delivery and collection.
  • (c) Any timber or other material supplied by the Owner is provided solely to assist the Hirer under their duties within clause 7(b) and expressly not to relieve him of his legal, regulatory or contractual obligations to ensure adequate stability of the Plant.
  • (d) The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body.

8. Handling of Plant

  • a) When a driver or operator or any person is supplied by the Owner with the Plant, the Owner shall supply a person competent in operating the Plant or for such purpose for which the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) and the Hirer shall be solely responsible for all claims arising in connection with the operation of the Plant by the said drivers / operators / persons.
  • (b) The Hirer shall not allow any other person to operate such Plant without the Owner’s prior written consent.
  • (c) Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than that for which they are supplied by the Owner unless previously agreed in writing between the Owner and the Hirer.

9. Breakdown, Repairs and Adjustment

  • (a) Any breakdown or the unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Owner, and confirmed in writing. Any claim for breakdown time will only be considered from the time and date at which written notification is received and acknowledged by the Owner.
  • (b) Full allowance for the hire charges set out in the Offer will be made to the Hirer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the Contract.
  • (c) The Hirer shall not (except for the changing of any tyre and repair of punctures), repair, modify or alter the Plant without the prior written permission of the Owner. The changing of any tyre and repair of punctures are however the responsibility of the Hirer who should arrange for them to be changed / repaired. The Hirer is responsible for all costs incurred in the changing or replacement of any tyre (which must be of an equivalent specification) as approved by the Owner and for the repair of any puncture.
  • (d) The Hirer shall be responsible for all expense involved arising from any breakdown, unsatisfactory working of or damage to any part of the Plant due to the Hirer’s negligence, misdirection or misuse of the Plant, whether by the Hirer or his servants, and for the payment of hire at the idle time rate as defined in clause 25, during the period the Plant is necessarily idle due to such breakdown, unsatisfactory working or damage. The Hirer is responsible for the cost of spares and / or repairs due to theft, loss or vandalism of the Plant. The Owner will be responsible for the cost of repairs, inclusive of the cost of spares, to the Plant involved in breakdown from all other causes.

Other Stoppages

No claims will be admitted (other than those allowed for under “Breakdown” (clause 9) or for “Idle Time” (clause 25), as herein provided), for stoppages through causes outside the Owner’s control, including but not limited to bad weather and /or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any Plant from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Hirer shall be responsible for the cost and expense of recovering any Plant from soft or unsuitable ground or a hazardous environment.

Loss of Other Plant Due to Breakdown

Each item of Plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of Plant working in conjunction therewith, provided that where two or more items of Plant are expressly hired together as a unit, such items shall be deemed to be one unit for the purpose of breakdown.

12. Limitation of Liability

Except for liability on the part of the Owner which is expressly provided for in the Contract (including these clauses):

  • (a) the Owner shall have no liability or responsibility for any loss, or damage of whatever nature due to or arising through any cause beyond his reasonable control;
  • (b) the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the Hirer’s loss of profit, loss of use of the Plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and / or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; and
  • (c) whenever the Contract (including these clauses) provides that any allowance is to be made against hire charges, such allowance shall be the Hirer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made.
  • (d) For the avoidance of doubt, nothing in these conditions limits or seeks to exclude the Owner’s liability for claims of death or personal injury caused by the Owner’s negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.

13. Hirer’s Responsibility for Loss and Damage

  • (a) For the avoidance of doubt it is hereby declared and agreed that nothing in this clause affects the operation of clauses 4, 5, 8 and 9 of these conditions.
  • (b) For the duration of the Hire Period (which for the avoidance of doubt includes the time Plant is left on site during a Holiday Period) the Hirer shall, subject to the provisions referred to in sub paragraph (a) make good to the Owner all loss of or damage to the Plant from whatever cause the same may arise, fair wear and tear excepted, and except as provided in clause 9 herein, and shall also fully and completely indemnify the Owner and any personnel supplied by the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Plant during the continuance of the Hire Period, and in connection therewith, whether arising under statute or common law. In the event of loss of or damage to the Plant, hire charges shall be continued at idle time rates as defined in clause 25 until the settlement has been agreed. Payment of the settlement must be made within 21 calendar days of the date of the agreement or idle time charges can be reinstated from the date of that agreement. Should idle time charges be re-instated, the agreed settlement figure remains payable in full.
  • (c) Notwithstanding the above the Hirer shall not be responsible for damage, loss or injury:
    • (i) prior to delivery of any Plant to the site (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the Plant is in transit by transport of the Owner or as otherwise arranged by the Owner,
    • (ii) during the erection and / or dismantling of any Plant where such Plant requires to be completely erected / dismantled on site, provided always that such erection / dismantling is under the exclusive control of the Owner or his agent,
    • (iii) after the Plant has been removed from the site and is in transit on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense after it has joined such highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner
    • (iv) where the Plant is travelling to or from a site on a highway maintainable at the public expense (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Owner.
  • (d) For the avoidance of doubt, nothing in these conditions limits or seeks to exclude the Owner’s liability for claims of death or personal injury caused by the Owner’s negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.
  • (ii) during the erection and / or dismantling of any Plant where such Plant requires to be completely erected / dismantled on site, provided always that such erection / dismantling is under the exclusive control of the Owner or his agent,
  • (iii) after the Plant has been removed from the site and is in transit on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense after it has joined such highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner,
  • (iv) where the Plant is travelling to or from a site on a highway maintainable at the public expense (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Owner.

14. Notice of Accidents

If the Plant is involved in any accident resulting in injury to persons or damage to property, immediate notification must be given by the Hirer to the Owner by telephone and confirmed in writing to the Owner no later than 24 hours after such telephone notification. In relation to any claim in respect of which the Hirer is not bound to fully indemnify the Owner, no admission of liability, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s prior written permission.

15. Re-Hiring etc.

Neither the Plant nor any part thereof shall be re-hired, sub-let, or lent to any third party without the prior written permission of the Owner.

16. Change of Site

The Plant shall not be moved from the site to which it was delivered or consigned without the prior written permission of the Owner.

17. Return of Plant for Repairs

If during the Hire Period the Owner decides that urgent repairs to the Plant are necessary then he may arrange for such repairs to be carried out on site or at any location of his nomination. In the event that urgent repairs to the Plant are necessary the Owner shall be obliged to replace the Plant with similar Plant if available, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) paying all transport charges involved. In the event of the Owner being unable to replace the Plant he shall be entitled to terminate the Contract forthwith (but without prejudice to any of the provisions of clauses 9 and / or 13) by giving written notice to the Hirer. If such termination occurs:

  • (a) within three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) shall pay all transport charges involved, or,
  • (b) more than three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) shall be liable only for the cost of reloading and return transport.

18. Basis of Charging

  • (a) The Hirer shall render to the Owner for each Working Week an accurate statement of the number of hours the Plant has worked each day. When any personnel, operator or driver is supplied by the Owner, the Hirer shall sign their time record sheets. The signature of the Hirer’s representative shall bind the Hirer to accept the hours shown on the time records sheets.
  • (b) Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by the Owner except where breakdown is due to acts or omissions of third parties and / or the Hirer’s misuse, misdirection or negligence, subject however to the provisions of clause 8 of these conditions.
  • (c) Breakdown time in respect of such periods shall be allowed for not more than the Working Day less the actual hours worked.
  • (d) Plant shall be hired out either:
    • (i) for a stated minimum number of hours per Working Day or per Working Week or,
    • (ii) without any qualification as to minimum hours. Odd days at the beginning and at the end of the Hire Period shall be charged pro rata.
  • (e) Stoppages due to changing of tyres and repairs to punctures will be chargeable as working time up to a maximum of 2 hours for any one stoppage and any excess will be charged for at the appropriate idle time rates.
  • (f) In the case of Plant which is required to be dismantled for the purpose of transportation, if the Owner agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon completion of the Hire Period, such modification of the hire charge and the Hire Period for which it shall apply shall be stated in the Offer / Contract.

19. Plant Hired on a Daily Basis Without Qualification as to Hours

The full daily rate will be charged on a daily basis irrespective of the hours worked except in the case of breakdown for which the Owner is responsible, when the actual hours worked will be charged pro rata of the average Working Day. No hire charge shall be made for Saturday and / or Sunday unless the Plant is actually worked.

20. Plant Hired by the Week or Month Without Qualification as to Hours

The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of breakdown for which the Owner is responsible when an allowance pro rata of the agreed weekly rate or pro rata of the agreed monthly rate will be made for each full Working Day broken down calculated to the nearest half Working Day.

21. Plant Hired by the Week or the Hour for a Minimum of 39 Hours Per Week

The full hire for the minimum period in the Contract will be charged and an additional pro rata charge will be made for hours worked in excess of such minimum period. Allowance will be made for breakdowns up to 8 hours except on Fridays when the allowance will be up to 7 hours providing always that where the actual hours worked are in excess of the minimum period less breakdown time, the actual hours worked shall be chargeable. Idle time for this purpose shall be treated as actual working time. The minimum Working Week of 39 hours shall be reduced by 8 hours Monday to Thursday and 7 hours Friday for each Holiday Period occurring in such Working Week, provided that the Plant is not in use during such Holiday Period.

22. “All-In” Rates

Where “All-In” rates are charged by agreement the minimum period shall be as defined in the Contract and in accordance with the hire rates and terms contained therein, subject to the provisions of clause 26.

23. Commencement and Termination of Contract (Transport of Plant)

  • (a) The Hire Period shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back at the Owner’s named depot or other agreed location but an allowance shall be made of not more than one day’s hire charge each way for traveling time. If the Plant is used on the day of traveling, full hire rates shall be paid for the period of use on that day. If more than one day is properly and unavoidably occupied in transporting the Plant, a hire charge at idle time rates shall be payable for such extra time, provided that where Plant is hired for a total period of less than one Working Week, the full hire rate shall be paid from the date of despatch to the date of return to the Owner’s named depot or other agreed location.
  • (b) If the Plant is not made available for collection as agreed between the parties, such Plant shall be deemed with immediate effect to be placed back on hire. The Hirer shall be responsible for the safekeeping of the Plant in accordance with clause 13, and for all the reasonable costs and expenses incurred by the Owner in seeking to collect such Plant.
  • (c) Upon the completion of the Hire Period, the Hirer shall clean and where necessary, decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be liable for any costs, liabilities and expenses incurred by the Owner should the Hirer fail to comply with this clause.

24. Hirer’s Liability During the Notice of Termination of Contract

  • a) Where the Hire Period is indeterminate or having been defined becomes indeterminate the Contract shall be terminable by seven days notice in writing given by either party to the other except in cases where the Plant has been lost or damaged. Notwithstanding that the Owner may have agreed to accept less than 7 days notice of termination, the Hirer’s obligations under clause 13 shall continue until the Plant is returned to the Owner in accordance with clause 31 or until the Owner has collected the Plant within the 7 days following the acceptance of short notice. Oral notice given by the Hirer to the Owner’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.
  • b) Without prejudice to clause 24(a), should the Hirer fail to make the Plant available for collection by the Owner before the end of the 7 day notice, the Hirer’s obligations under clause 13 shall continue for a further 3 days or until such time as the Plant is made available for collection and the Owner has collected the Plant. For the avoidance of doubt, where the Hirer gives a notice pursuant to clause 24(a) but subsequently and with the consent of the Owner, withdraws such notice, the obligations of clause 13 shall continue to apply and the requirements of clause 24 will apply to any later termination of the Contract.
  • c) If the Hirer terminates the Contract before the Hire Period commences, then the Hirer is liable for all reasonable costs and charges incurred by the Owner or to which the Owner is committed at the time of termination.

25. Idle Time

When the Plant is prevented from working for a complete Working Week, the hire charges shall be two thirds of the hire rate or such other idle time rate as is agreed in writing by the Owner for the period during which the Plant is not in use. If the Plant works for any time during the Working Day then the whole of that Working Day shall be charged as working time. In any case no period less than one Working Day shall be reckoned as idle time save for as provided for in clause 18(e). Where an “All-In” rate is charged, idle time is calculated on the machine element only. Full rate will be charged for the operator.

26. Wages and Other Chargeable Items Relating to drivers and Operators of Plant

All chargeable items shall be paid by the Hirer at the rates set out in the Contract save that any subsequent increases before and / or during the Hire Period arising from awards under any wage agreements and / or from increases in the Owner’s statutory contribution shall be charged as additions at cost by the Owner and shall be admitted and paid by the Hirer.

27. Traveling Times and Fares

Travelling time, fares and similar expenses for drivers, operators and any person supplied by the Owner, incurred at the beginning and end of the Hire Period and where appropriate return fare of the driver, operator and any person supplied by the Owner to his home will be chargeable at cost. No charge shall be made by the Owner for any such expenses incurred by other employees of the Owner for the purpose of servicing, repair or maintenance of Plant, unless necessitated by the Hirer’s negligence, misdirection or misuse of the Plant.

28. Fuel, Oil and Grease

Fuel, oil and grease shall, when supplied by the Owner, be charged at net cost or an agreed estimate of net cost, and when supplied by the Hirer, shall be of a grade or type specified by the Owner. The Hirer shall be solely responsible for all damages, losses, costs and expenses incurred by the Owner if the Hirer uses the wrong fuel, oil or grease.

29. Sharpening of Drills/Steels etc.

The cost of re-sharpening or replacement of drill bits, blades and other ancillary items shall be borne by the Hirer.

30. Owner’s Name Plates

The Hirer shall not remove, deface or cover up the Owner’s name plate or mark on the Plant indicating that it is his property, without the prior written permission of the Owner.

31. Transport

The Hirer shall pay the cost of and if required by the Owner, arrange transport of, the Plant from the Owner’s depot or other agreed location to the site and return to the Owner’s named depot or other agreed location on completion of the Hire Period.

32. Government Regulations

  • a) The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environmental Acts, Factories Acts, Health and Safety at Work, etc. Act and observance of the Road Traffic Acts should they apply, including the cost of road fund licences and any insurances made necessary thereby, save that if and during such time as the Plant is travelling, whether for full or part journey from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the Hirer shall be responsible as aforesaid.
  • b) The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of the operation of the Plant during the Hire Period.

33. Protection of Owner’s Rights

  • (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition.
  • The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re- enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
  • (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31.
  • (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt.
  • (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

34. Changes in Normal Working Week

The foregoing provisions have been framed upon the basis of the Hirer working a 5- day week of 39 hours; it is hereby agreed that in the event of:

  • (a) there being any agreed change in the normal weekly hours in the industry in which the Hirer is engaged or,
  • (b) Both parties to the Contract have a right to refer any difference or dispute arising under or in connection with the Contract to adjudication and the procedure set out in Part 1 of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (or any amendment or re-enactment thereof for the time being in force) will apply. The person (if any) specified in the Contract to act as adjudicator may be named in the Offer. The specified nominating body to select adjudicators shall be the Construction Plant-hire Association acting by its President or Chief Executive for the time being.
  • (c) The Owner and the Hirer shall comply forthwith with any decision of the adjudicator; and shall submit to summary judgment and enforcement (and /or, under Scots law, shall consent to a motion for summary decree and submit to enforcement) in respect of all such decisions; in each case, without any defence, set-off, counterclaim, abatement or deduction. Where, under Scots law, the Owner, the Hirer, or the adjudicator, wishes to register a decision of the adjudicator for execution in the Books of Council and Session, any other party shall, on being requested to do so, forthwith consent to such registration by subscribing the decision before a witness.
  • 36. Late Payments

    The Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.

    37. Severability

    If any of these clauses are held to be unlawful, void or unenforceable, then that clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses, to the extent permitted by law.

    General

    These conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between them.

    A waiver of any provision must be in writing to be effective and a waiver of any provision or a failure or delay to exercise any right shall not constitute a waiver of any subsequent breach of the same or any other provision.

    Invoices must be paid in full with no deduction or set off in respect of monies or liabilities which the Buyer may claim to be payable by Beacon International Ltd or associated companies.

    The provisions of these conditions are severable and if any one or more such provisions are judicially determined to be unenforceable in the whole or in the part the remaining provisions shall nevertheless be binding on and enforceable by the parties hereto.

    The headings in these conditions are for convenience only and shall not affect their interpretation.

    The contract shall be governed by and interpreted in accordance with English Law.

    Privacy Policy

    This website privacy policy describes how Beacon International protects and makes use of the information you give the company when you use this website.

    If you are asked to provide information when using this website, it will only be used in the ways described in this privacy policy.

    This policy is updated from time to time. The latest version is published on this page.

    This website privacy policy was updated on: 02/07/20

    If you have any questions about this policy, please email info@beaconinternational.co.uk or write to: Beacon International, Elgee Works, Station Road, Desborough, Northants, NN14 2LX

    We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website.

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