Terms

STANDARD TERMS AND CONDITIONS OF HIRE

IMPORTANT

The hirer must ensure that he is fully covered by insurance, and understands he is fully responsible for damage or subsequent damage caused by misuse or neglect.

  1. 1. In this Agreement

(a) The “Owner” means Tilstock Tractors Ltd, Savannah, Lodge Drive, Tilstock, Whitchurch, Shropshire.

(b) The “Machine” means the machine described on any delivery note, invoice or any other machine supplied by the Owner as a replacement in the event of a breakdown.

(c ) A “day” includes part of a day or 10 hours.

(d) The minimum period of hire shall be one day.

(e) A “week” means a period of 7 days including the day of delivery of the Machine and the day of its return and Sunday. Max hours 60 hrs per week

(f) A “month” means a period of 28 days. Max 240 hrs per month.

(g) A “year” means a period of 364 days or 1200 Machine worked hours, whichever is the greater.

2. The Hirer agrees with the Owner

(a) To pay a hire charge at the rate agreed for each day/week of hire of the Machine such hire charge will be paid within 28 days of the date of termination of the hiring or as stated on any invoice sent during the hire period.

(b) Subject to the provisions of Condition 3 (a) to keep the Machine in good working order (fair wear and tear excepted), to carry out day to day maintenance in accordance with the manufacturers’ recommendations including without prejudice to the generality of this requirement maintaining correct oil, water and battery levels, correct tyre pressures and lubrication by grease gun.

(c) To report to the Owner immediately any breakdown of the Machine or weather conditions making it unusable, or any accident involving the Machine.

(d) If the hiring is from day to day to give at least half day’s notice of termination of the hiring or to pay one half day’s hiring charge in lieu. If the hiring is for a fixed period to return the machine to the Owner not later than 5.00pm on the last day of the period.

(e) To accept complete responsibility for any personal injuries or other damage of any kind whatsoever suffered by the Hirer his servants or agents or any person whatsoever arising out of hiring of the Machine whether resulting from a breakdown or defect in the Machine itself or the willful negligent act or omission of the Hirer or the operator or any other person (whether authorised to operate the Machine or not) or from any other cause whatsoever and to indemnify the Owner against all claims and liability in respect of such injuries and damage.

(f) Not to part with possession of the Machine or remove it to other premises than those to which it is delivered except with the Owner’s consent in writing and not to charge or pledge the Machinery in anyway whatsoever.

(g) To permit the Owner to inspect the Machine on reasonable notice and to carry out such work thereon from time to time as the Owner may think necessary.

(h) To keep the Machine safe and to indemnify the Owner against loss or damage thereto including loss or damage (I) sustained in delivery of the Machine to the Hirer or the return to the Owner unless the delivery of return shall be performed by the Owner or the Owner’s employees (II) caused by any third party (III) sustained in the course of recovery of the Machine from bad ground and (IV) by theft or fire or frost.

(i) Not to permit the Machine to be operated by anyone other than a skilled operator or to be used in a manner or for the purpose for which it is not designed or reasonably suitable or for a purpose which is not covered by a Road Fund Licence for an Agricultural machine.

(j) Not to remove from the Machine any safety guards, nameplates, marks, numbers or notices affixed thereto.

(k) To pay any cost, damage, losses, charges and expenses incurred by the Owner or his agent in collecting arrears of any moneys payable hereunder or in exercising any of the powers contained herein.

(l) To pay the cost of any repairs or replacements to the Machine becoming necessary as a result of the breach by the Hirer of the provisions of sub-paragraphs (b) (c) (g) (h) (i) (j) and (k) hereof and without prejudice to the generality of the foregoing to pay the cost of repair or replacement of any power take off guard.

  1. 3. The Owner agrees with the Hirer as follows:-

(a) To deliver the Machine to the Hirer in good working order and condition at the commencement of the hiring and in the event of a breakdown to put the Machine back into good working order as soon as possible (providing the breakdown is not due to willful or negligent act or omission of the Hirer, his servants or agents, or the breach of the Hirer of his obligations under this agreement).

  1. 4. It is further agreed as follows:-

(a) That the Owner shall be under no liability whatever to the Hirer in respect of any consequential loss however arising or from loss or damage due to or late or non-delivery or breakdown of the Machine.

(b) That in the event of any breach by the Hirer of any of the Agreements and conditions herein contained the Owner shall be entitled forthwith to terminate the hiring and retake possession of the Machine but without prejudice to any rights of action of the Owner against the Hirer for arrears of Hire Charge or damages for breach of this Agreement.

(c) The acceptance of delivery of the Machine by the Hirer shall be conclusive that he has examined it and found it to be complete and in good order and condition and in every way satisfactory to him.

(d) Without prejudice to the provisions of condition 4 (b) the Hirer or Owner shall have right to terminate this agreement on giving 6 hours notice.

(e) That the Owner shall have the right to make a charge additional to the quoted rate in the event of excessive wear on the Machine resulting from ground conditions.

5. Legal Construction. These terms and conditions shall be interpreted and take effect as an English Contract in accordance with the Laws of England and the Customer/Hirer agrees to submit to the jurisdiction of the English Courts.

Tilstock Tractors Limited