1.1 The Contractors Plant Association Model Conditions for the Hiring of Plant (effective from July 2011) (“the CPA Model Conditions”) and these General Conditions of Hire (“Whyte Crane Hire Limited General Conditions”) shall apply to and be incorporated into the contract between you (“the Hirer”) and (“Whyte Crane Hire Limited”) for the hire of the mobile crane unit (“the Hire Contract”).
1.2 The CPA Model Conditions as amended and/or supplemented by Whyte Crane Hire Limited General Conditions shall prevail over any terms or conditions contained or referred to in any purchase order, confirmation of order, or acceptance of any quotation issued by you or on your behalf or any such terms and conditions implied by law, trade custom, practice or course of dealing between us.
1.3 If and to the extent that there is a conflict between Whyte Crane Hire Limited General Conditions and the CPA Model Conditions, the terms of Whyte Crane Hire Limited General Conditions shall prevail.
1.4 Whether or not a Hire Contract has been signed, acceptance of the crane on site constitutes acceptance of the CPA Model Conditions and Whyte Crane Hire Limited General Conditions.
1.5 The CPA Model Conditions as amended and/or supplemented by Whyte Crane Hire Limited General Conditions shall apply not only to the present hire but to all future business between Whyte Crane Hire Limited and the Hirer, except in such cases where the contrary is agreed by Whyte Crane Hire Limited in writing.
2 HIRER’S RESPONSIBILITIES
2.1 It is the Hirer’s responsibility to ensure that proper and sufficient arrangements for planning and controlling the proposed lifting operation (being an operation concerned with the lifting or lowering of a load) have been made. In particular, the Hirer is responsible for ensuring that there is a competent person to plan and supervise the lifting operation.
2.2 The Hirer is responsible for ensuring that the lift plan is adequate. The lift plan must be discussed by the competent person with Whyte Crane Hire Limited’s crane operator before the lifting operation commences. Neither Whyte Crane Hire Limited nor the Whyte Crane Hire Limited crane operator shall be deemed to have assumed any responsibility for planning the lifting operation as a result of such discussions taking place.
2.3 The Hirer is responsible for the suitability of the equipment ordered for the application envisaged, unless specifically advised in writing at the time of the hire by the Owner.
2.4 If a representative of Whyte Crane Hire Limited visits the Hirer’s site prior to delivery of the crane, whether to gather information in relation to the location of the crane or to assist the client in the selection of a suitable crane, this shall not be construed as Whyte Crane Hire Limited accepting any responsibility for planning the lifting operation which shall at all times be the responsibility of the Hirer.
2.5 The Hirer is responsible for all ground preparation that may be necessary including the provision of hard standing for the crane to rig and work from, sufficient for the weight of the crane and the load being lifted. This includes all access roads into the working position.
3.1 The Hirer must ensure that Whyte Crane Hire Limited and its representatives and employees have free and unrestricted access to all areas of operation. Permission to park, stand or operate on a public highway is a statutory requirement. It is the responsibility of the Hirer to ensure that the road/site is clear of all obstructions including parked cars, rubbish skips or any other obstructions to enable the crane to rig and work and that any traffic management arrangements, including road cones, barriers and signs are set up in good time and operated safely and correctly.
3.2 It is the Hirer’s responsibility to ensure that the necessary authorities are obtained. In some cases, six weeks’ notice is required for a complete road closure. Road Closure permits may specify set times for the crane to be allowed on the road/site. Whyte Crane Hire Limited crane operators are instructed to ensure that the crane is dismantled and ready to travel on or by the specified time. Penalties may be imposed by the Police/Local Authorities if the specified times are exceeded without their consent. Failure to arrange the above authorisations or to ensure unrestricted access will leave the Hirer liable for the full hire charges and road closure fees should the job require to be aborted.
The equipment and personnel are offered subject to availability at the time of the hire. We require adequate notice of your requirements so that we can provide the correct equipment. We reserve the right to supply alternative craneage to that ordered and acceptance of the crane on site will be acceptance of the specific variation of our Hire Contract in respect of the crane supplied.
CONTRACT OF CRANE and OPERATOR
5.1 When, in certain circumstances, Whyte Crane Hire Limited are unable to supply a crane from Whyte Crane Hire Limited own fleet to undertake a contracted hire, Whyte Crane Hire Limited will make every effort to supply a crane and operator from an approved supplier of Whyte Crane Hire Limited and to ensure that they arrive on site with the necessary documentation.
5.2 The Hirer must ensure that the cranes supplied on site arrive with all necessary test certificates, and the operator has proof of competence.
5.3 Whyte Crane Hire Limited will notify the Hirer of the need to supply a sub-contracted crane and operator where possible and the Hirer’s conformation to proceed with the hire or acceptance of the crane on site shall constitute acceptance of these terms and conditions.
Whyte Crane Hire Limited reserve the right to raise charges in respect of the full hire/contract price in the event of the cancellation of a previously confirmed booking.
The prices specified in the Hire Contract do not include V.A.T., which will be charged at the rate prevailing at the time of invoicing.
Prices are based on current wage rates and allowances and will be subject to adjustment in respect of any increase.
RATES AND BONUS
Any difference between Whyte Crane Hire Limited basic rates and parity payments, site or locally agreed rates/bonus payments will be charged extra at cost plus a surcharge to cover N.I. Contributions unless specifically varied by a quotation.
10.1 The Hirer is responsible for the operation of the plant and for all claims arising in connection with the operation of the plant. The Hirer is also responsible for all loss of or damage to the plant during the Hire.
10.2 The Hirer must have adequate insurance in place, including public liability insurance and hired in plant insurance of at least £750,000-£2.50 MILLION.
10.3 Evidence of the Hirer’s insurance cover must be exhibited to Whyte Crane Hire Limited before delivery of the crane.
11.1 The contracted hire rate specified in the Hire Contract is payable in full at all times and under all circumstances. No reductions will be accepted for servicing periods, idle times, bank holidays or inclement weather unless specifically agreed at the time of the hire in writing by Whyte Crane Hire Limited.
11.2 If credit is authorised by Whyte Crane Hire Limited then payment is due strictly 30 days from the date of the invoice. If credit is not authorised, payment is due before commencement of the lifting operation.
11.3 Whyte Crane Hire Limited will be entitled to interest on any overdue amounts at the rate of 2% per month calculated pro rata from the date of the invoice and continuing to run after judgement. Failure by Whyte Crane Hire Limited to invoice or demand payment of interest of any forbearance on its part will in no way prejudice Whyte Crane Hire Limited entitlement thereto.
11.4 Interest will be due and payable forthwith on demand.
11.5 Whyte Crane Hire Limited will also be entitled to reimbursement of any additional costs and expenses reasonably incurred in the enforcement of its rights under this clause including, but not limited to agency and legal fees and expenses whether incurred before or after the legal proceedings. Interest on this expenditure will accrue, as set out in sub clause 10.2 hereof, from the date on which such expenditure is incurred.
11.6 If any invoice is not paid by its due date, all other invoices will become payable immediately.
11.7 Under no circumstances can contra charges, counter claims or any other form of claim be deducted from, or set off against, payment of any invoice without agreement with Whyte Crane Hire Limited. All invoices will be paid in full and any claims agreed separately.
12.1 Any operational complaints should in the first instance be recorded briefly in the remarks section of the hire sheet, which is signed at the end of the job or the week in which it occurred. This should be followed up by a letter sent to the Depot from which the crane was hired.
12.2 Any queries regarding an invoice must be made in writing within 14 days of receipt of the invoice.
12.3 Any other complaints regarding the quality of service provided by Whyte Crane Hire Limited or its staff should be directed by telephone or in writing to Whyte Crane Hire Limited Head Office, which will acknowledge receipt and pass on the communication to be actioned by the relevant person within Whyte Crane Hire Limited.
13.1 In the event of the Hirer becoming insolvent or entering into any voluntary arrangement with its creditors then the Hire Contract shall be terminated with immediate effect.