Terms and Conditions
Issue 6 (October 2012)
Condition of Hire
Sun Traffic Signals Ltd
GENERAL CONDITIONS OF HIRE
1. The Owners in these conditions are Sun Traffic Signals Limited whose Head Office is at Sun Towers Cary Court Somerton Business Park Somerton Somerset TA11 6SB.
2. The Hirers are the Company Firm Person or Authority taking the Owners Plant On-Hire and include their Successors or Personal Representatives.
3. The term Plant shall include the type of system or plant and components that may make up the system or plant and any ancillary equipment that is offered and accepted.
4. A Working Week covers the period from normal starting time on Mondays to normal finishing time on Fridays.
ACCEPTANCE COMMENCEMENT AND TERMINATION OF HIRE:
5. The Hirers acceptance of the Owners Plant shall at all times imply acceptance by the Hirers of these General Conditions of Hire.
6. These General Terms and Conditions of Hire are pre-printed on the reverse of the Tickets and signing on the Front of this Ticket shall deem to be acceptance these Terms and Conditions.
7. The Hire shall commence from the date and time the Plant leaves the Owners Depot and shall terminate on the date and time upon return to the Depot.
8. Printed dated tickets will be tendered to the Hirers Agents or Representatives at both commencement and termination of Hire and this will represent the hiring period of which charges will be rendered.
9. The Hirers Representative or Agent shall be responsible for the signed Ticket to be passed to their Head Office both at the commencement and Termination of Hire.
10. Any additional equipment requested and supplied at the time of delivery and added to the Ticket and accepted and signed for by the Hirers Representative shall be deemed to be part of this Agreement.
11. The Owners reserve the right to raise additional charges should the equipment be used in excess of the normal Working Week.
12. The Owners reserve the right to raise additional charges to cover his loss of revenue from the time that any equipment is stolen until payment is received.
13. The Hirers are responsible for Off-Hiring the said Plant and for recording the Date Time and Off-Hire Number of the ticket.
14. At the time of Off-Hire the Owners issue shall Off-Hire Number that is recorded.
15. The Owners shall not be responsible or liable for any fines or fees levied by the Highways Authorities for any overruns or non-compliance.
16. Section 74 notices/issues need to be notified and forwarded within 24 hours of first receipt. Corrective action must be taken immediately for these notices. Sun Traffic MUST have the opportunity to take the corrective action IMMEDIATELY and therefore will NOT be found liable or consider any penalties notified after 24 hours of first notification
AVAILABILITY OF PLANT:
17. The Plant is offered subject to being available at the time required.
18. The Owners reserve the right to revise or withdraw any quotation at any time.
CARE AND MAINTENANCE:
19. During the hire period the Hirers shall be responsible for any loss or damage to the said plant from whatsoever cause (fair wear and tear excepted) and shall ensure its safekeeping and shall use it in a correct and workmanlike manner.
20. Plant shall be returned in a clean and in equal order to when delivered on Hire. Time and materials expended by the Owners in cleaning the Plant on return to the Depot or making good damage shall be charged to the Hirers.
21. The Owners shall notify the Hirers of the conditions of the returned equipment and the Hirers will be offered a period of Five working days during which they may inspect the equipment.
22. The Hirers shall be responsible for ensuring that Engine Oils and Fuels are checked daily and replenished as necessary.
23. The Hirers shall be responsible for replacing faulty Bulbs and Fuses.
24. The Owners shall not be held responsible for insuring for any loss incurred by the Hirers due to malfunction of the equipment and any delay in attending the site to replace the equipment by the Hirers.
25. The Hirers shall be fully responsible for the safe keeping of all equipment from the time of delivery to the site until return to the Owners Depot.
26. The Owners if called to site to undertake any repair due to site negligence re-time equipment replace damaged or stolen equipment shall duly charge the Hirers with the costs involved.
CHANGE OF SITE:
27. The Hirers shall not move the Plant from the site to which it was first delivered without the Owners prior consent in writing and the Owners shall not be held responsible for attending any requests for service from that site.
SERVICING AND INSPECTION:
28. The Hirers shall at all times allow the Owners or his Agent to have access to the Plant to inspect adjust repair or replace the same. So far as is reasonably possible such work will be carried out at times to suit the convenience of the Hirers.
NOTICE OF ACCIDENTS:
29. If Plant is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owners by the quickest means possible and confirmed in writing.
30. The Owners shall not be responsible for any claim loss or damage or injury sustained by any third party and it is the sole responsibility of the Hirers to ensure that they carry the necessary insurance cover.
31. The Hirer agrees to insure the equipment against loss theft or damage beyond economic repair on a "new for old" basis. Until it has been returned to the Owner or collected by the Owner.
32. Whilst the Plant is in possession of the Hirers or under his control the Hirers shall accept all responsibility for and will indemnify the Owners and their employees of all claims however caused and whether based on negligence or otherwise including all damages and costs.
33. The Hirers are advised to provide for full indemnity under his own Insurance Policies and to include all liability whatsoever both under common law or under any statute to workmen or other employees of both parties and to third parties.
34. The Hirers shall be responsible for compliance with all regulations issued by the Government or Local Authority including Building Health and Safety at Work Act and Welfare Regulations and observance of the Road Traffic Acts should they apply and for any additional costs for equipment materials and insurance made necessary thereby.
TERMS OF PAYMENT:
35. All Accounts are strictly NETT and shall be paid by the first day of the month following the invoice. Unless otherwise agreed by the Owners in writing. The Owners reserve the right to make a late payment charge of £100 after 45 days on outstanding Accounts.All quotes are given on a hire basis unless otherwise stated. For sub-contract works not declared at the time of quote an additional 18% will be applied.