Terms and Conditions

1. DEFINITIONS

(a) The “contract” is the Contract between the Owner and the Hirer for the hire of the plant, which incorporates the Offer and is governed by these conditions.

(b) The “Hire Period” shall commence from the time the plant leaves the Owners depot or where last employed and shall continue until the plant is received back at the Owners depot or agreed location.

(c) The “Hirer” is the Company, Firm, Person, Corporation or Public Authority taking the Owners plant on hire and includes their successors or personal representatives.

(d) “Holiday Period” covers any work period over Easter, Christmas, New Year and any Public/Bank Holidays.

(e) “Offer” is the Owners offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the hire period, all relating charges and any additional Terms to be added to 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, replacement Plant, machinery, vehicles, equipment, accessories and any ancillary items therefor which the Owner agrees to hire to the Hirer, or anything that 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 07:00-17:00 Monday to Friday allowing 30mins Lunch unless otherwise stated in the Contract.

2. WORKING HOURS AND CHARGES

(a) Weekday working hours required by the Hirer shall mean work carried out between 07:00 and 17:00 Monday to Friday. These shifts/hours will be charged as “In Hours”

(b) Weeknights and weekend working hours required by the Hirer shall mean work carried out between 17:00 and 07:00 Monday to Thursday and 17:00 to 07:00 Friday to Monday. These shifts/hours will be charged as “Out of Hours”

(c) A minimum charge of 10 hr Shifts will be charged at all times unless otherwise agreed.

(d) All Bank Holiday hours will be charged at Double standard charge.

(e) All Traffic Management Hire agreements are based on a minimum of 1 week hire. Anything over a week will be charged at Pro-Rata.

3. DELIVERY, MAINTENANCE AND INSPECTIONS

(a) At the time of delivery to the Hirer the Plant will be in good working order.

(b) All relevant safety checks will have been carried out on the Plant supplied prior to delivery and all statutory requirements to be complied with including but not limited to any requirements under The Health and Safety at Work Act 1974 and any regulations issued thereunder.

4. RESPONSIBILITY FOR TRAFFIC MANAGEMENT

(a) The Owner shall be responsible for any Traffic Management that is set up or managed by the Owner or any Operative working for the Owner with responsibility for Traffic Management on site as agreed between the parties in writing.

(b) In all other cases the Hirer shall be responsible for ensuring:

(i). All Practicable steps have been taken to plan and prepare for the Traffic Management Operatives to attend site and set-up the Traffic Management arrangements. The Hirer shall ensure that all Operatives undertake a Site Specific/Dynamic Risk Assessment prior to installing any Traffic Management. This must be documented and presented to the Owner or Operative working for the Owner prior to installation and if is deemed unsafe to continue the Hirer will not be permitted to carry out the works for which the Plant is hired but shall remain liable to pay any hire charges in full.

(ii). Plant and Equipment provided is properly maintained and adequately secured at all times.

( c)The operation of the Traffic Management arrangements including Highway conditions, safety and any amendments made by the Hirer or any Third Party remains the sole responsibility of the Hirer. The Hirer shall indemnify the Owner from and against all liability in relation thereto notwithstanding any approval for this or any other matter relating to the Traffic Management that may have been given by the Owner or anyone acting on the Owners behalf.

(d) If the Hirer shall at any time agree any alteration to the Traffic Management arrangements, otherwise permit any changes, or do anything that has an effect on part or the whole of the Traffic Management without prior notification and approval of the Owner at any time during the period of the Contract, then notwithstanding clause 4(a) the Hirer shall Indemnify the Owner in respect of all liability arising therefrom.

5. MAINTENANCE

The Hirer shall be responsible for ensuring all equipment supplied is protected from loss or damage and is maintained for the duration of the hire period.

(a) Charging of batteries during the period of hire is the responsibility of the Hirer unless otherwise specified, however if the Owner is required to do this then an agreed fee will be charged to the Hirer.

(b) The Owner shall supply (where reasonably practicable) an emergency fitter to attend site in case of an emergency. A call-out fee will be charged for this service as advised from the Owner to the Hirer (as per the schedule of rates supplied)

(c) The commencement of hire emergency procedures will be supplied to the Hirer along with an emergency contact number.

(d) In the event of a failure or breakdown the Hirer must contact the Owner immediately and the Owner will supply a fitter and use its reasonable endeavours to attend site within 6 hours.

(e) Should the Local Authority, Police or any other statutory body contact the Owner to attend site then the Hirer will be liable for any costs arising.

6. SUPERVISION AND CONTROL

(a) All matters arranged by the Hirer must be cleared with the Owner before hire takes place. The Owner reserves the right to check the Hirer has submitted all Applications to the relevant Authority/Stakeholder and road space has been granted in relation to Traffic Management.

(b) The Owner is not liable for any overrun works by the Hirer. The Hirer will Indemnify the Owner from any fines relating to overrun works on Local Authority Highways.

7. DELIVERY AND COLLECTION OF PLANT

(a) The Owner and Hirer shall agree on a location before the commencement of hire.

(b) It is the Hirers responsibility to ensure the end hire period is clearly identified to the Owner. Unless otherwise specified the hire period will continue until an off-hire reference has been issued to the Owner.

(c) The Owner and the Hirer will determine a designated time and date for the collection of the equipment on completion of the hire period.

8. REMOVAL OF TRAFFIC MANAGEMENT ON SITE

(a) No item of Traffic Management Equipment will be moved, removed or relocated without permission from the Owner.

(b) Where the Hirer is seen to be in breach of the contract then the Owner reserves the right to remove any Traffic Management equipment. The Owner will give the Hirer sufficient notice, where notice has been given and equipment removed the Hirer will be liable for the safety of the site and subsequently liable for any costs raised by the local authority.

9. SURVEY AND PLANNING

(a) If the Hirer requires any survey or planning work to be undertaken by the Owner, whether prior to or after entering a contract they will be liable for all costs and disbursements in relation to the activities.

(b) The Owner will pay any application fees on behalf of the Hirer relating to any planning work subject to the Hirer agreeing to pay back in full plus any administrative charges within 30 days of the Owner Invoicing the Hirer.

10. ACCEPTANCE OF ORDERS AND INVOICES

(a) Orders must be in the form of valid Purchase Order Numbers or other written authorisation by the Hirer. In signing a contract, agreeing to be bound by a contract from the Owner, by issuing a Purchase Order Number or indicating acceptance by way of verbal or written instruction the Hirer agrees to be bound by the Terms and Conditions.

(b) The Hirer agrees to pay in full all invoices raised by the Owner within 30 days of the invoice date. The Hirer will be deemed to accept the validity and value of any invoice within 14 days of receipt. LTM Design Ltd, 53 Barnshaw House, Aylesbury, Bucks, HP21 8FH

TEL 07568 160604 EMAIL planning@ltmdesign.co.uk Company Registration No 9707173

11. CANCELLATION CHARGES

(a) Providing the Hirer gives more than 48hrs notice of cancellation the Hirer will not incur any charges.

(b) If the Hirer gives the Owner less than 48 hrs notice the Hirer will be liable for the following charges:

1. 48hrs-24hrs 50% charge

2. 24hrs or less 100% charge

(c) If the work cannot be carried out due to adverse weather conditions or for any reason relating to safe systems of work where there is a serious risk to safety then the Hirer will incur the charge in full.

12. HIRER REPRESENTATION

The Owner will assume that any representative of the Hirer is authorised to issue instruction on behalf of the Hirer unless written confirmation has been given prior by the Hirer.

13. INSURANCE AND INDEMNITIES

(a) The Hirer agrees to Indemnify the Owner against all costs, expenses, liabilities, damages, claims, losses, demands or legal costs which the Owners incurs due to a breach or failure in performance by the Hirer under the terms of any contract between the Owner and the Hirer.

(b) The Hirer shall take out or maintain any such insurances necessary to cover all risks and liabilities to them under these Terms and Conditions for such sums.

(c) As and when the Hirer is reasonably required to produce their Insurance documents to the Owner for inspection and as evidence that they are properly maintained.

14. EMERGENCY WORKS

Where emergency works are required by the Hirer, written or verbal instruction must be given to the Owner who will facilitate as quickly as reasonably practicable. The Hirer will be liable for such works and all costs that relate.

15. HEALTH AND SAFETY

The Hirer must provide adequate welfare facilities on site for all personnel. The Hirer is also responsible to cover all personnel under a safe system of work.

16. LIABILTY

If the Owner is unable to carry out its obligations due to a cause beyond its reasonable control, such as, acts of god, strikes, flood, war, terrorism, failure of personnel to deliver goods or such the Owner will be relieved of its obligations or liabilities under such contract of sale.

17. THIRD PARTY RIGHTS

A person who is not under this agreement has no rights under the Contract (Rights of Third Parties) Act 1999.

18. VARIATIONS

These Terms and Conditions can only be varied if in writing and verified by the Owner and Hirer.