Pemberton Hire – Contract Terms and Conditions
- Hire Period: The Hire Period is calculated from the date on which the equipment leaves Pemberton Hire’s premises until it arrives there again inclusive. Hire will be charged from time taken to time returned to Pemberton Hire’s premises, unless prior arrangement has been made with Pemberton Hire’s representatives.
- No allowance whatsoever can be made for the time during which the equipment is not in use, for any reason, unless special arrangements are made beforehand and confirmed in writing.
- Minimum Rate: The minimum Hire Rate is calculated as follows:
- a minimum of 6 hours per working day.
- a minimum of 30 hours per week
- a minimum of 120 hours per month
- as per the agreed levels as outlined in your Long-Term Hire Agreement
- Pemberton Hire will allow a period of grace of one hour, without charge (until 9am) on any calendar day for the return of equipment after which time the hirer will be charged another full day’s hire at Pemberton Hire’s current rates.
- Actual charges: Actual charges will be based on the higher of the minimum hire rate multiplied by the number of working days within the hire period or the total machine hours. The amounts on the Hire Agreement are the minimum charges that will apply.
- The equipment hired is agreed to be as per the Equipment Schedule.
- The Hirer must satisfy himself that the equipment is safe, suitable and sufficient of the work to be done, as subsequent exchange of tools etc, will entail additional charges.
- The equipment hired out by Pemberton Hire does not purport to be new stock, or equal to new, but when sent out, all items are understood to be in good order for normal foot load working at the stated capacity under any ordinary conditions.
- Pemberton Hire will not be responsible for any delays, accidents or damages of any kind, direct or indirect, which arise through defect or breakdowns of equipment hired.
- All items of equipment supplied at the Hirer’s request additionally to those enumerated will be charged for at Pemberton Hire’s standard hire rates
- The costs of reconditioning items blunted by use or otherwise rendered unfit for further service, without repairs, by the Hirer, such as concrete breaker steels, and the like, will be charged by Pemberton Hire to the Hirer.
- Competent drivers or operators must be given charge of equipment while in the Hirer’s possession and the Hirer must be responsible for all cleaning, lubrication and maintenance of adjustment, and for any damage due to overloading mistakes, or neglect in handling, etc, during the Hire Period.
- The Hirer must keep the equipment in proper working order at their own expense and pay all costs for replacement or repair required due to fire, theft, accident, and loss or otherwise during the Hire Period.
- The Hirer must ensure the driver, or operator, has a current driver’s licence with the appropriate class for the equipment hired.
- The Hirer or its representatives further acknowledge that by signing this Hire Agreement the Hirer has confirmed that the Hirer and/or its employees have or have obtained from Pemberton Hire sufficient knowledge to safely operate the equipment hired.
- The Hirer shall pay cartage to and from Pemberton Hire’s premises and is responsible for any damage in transit.
- Delivery and collection by the Pemberton Hire shall be to and from footpath, unless previously arranged.
- Delivery and collection by Pemberton Hire will be charged to the Hirer.
- The Hirer agrees to immediately advise Pemberton Hire if the equipment is moved to a location outside of the agreed location(s).
FUEL, OIL ETC:
- Fuel, Oil etc., is to be checked every day before starting up. The Hirer shall provide all petrol, fuel, oil, lubricating oil, cleaning and other materials and labour required for the operations of the whole equipment, and only fuel and lubrication oils approved by the Pemberton Hire shall be used for the same during the hire period.
- Refuelling and topping up oils will be charge by Pemberton Hire to the Hirer if not returned full.
- The Hirer must notify in writing Pemberton Hire immediately of any mechanical breakdown and the date of receipt of such notifications shall be dated from which the Hire Period shall be suspended.
- The Hirer undertakes to keep the equipment in his own possession and control, and free from all legal processes, and that no mortgage, bills of sale, or any legal instrument or private agreement whatsoever shall be executed whereby any other person or form other than Pemberton Hire shall acquire any lien or right whatsoever in connections with the equipment hired.
- All accounts are due for payment by the 20th of the month following invoice.
- Accounts unpaid 10 days after due date may incur a 3% late payment fee.
- Accounts unpaid 45 days from the due date may have credit facilities withdrawn and Pemberton Hire reserves the right to recall equipment on hire.
- Accounts unpaid 60 days from the due date may have credit facilities withdrawn, equipment on hire will be recalled, and necessary steps taken to recover the debt, without prejudice to their rights to recover all amounts due for hire, reconditioning of equipment, if any, and the costs for transport to their premises.
- Accounts will be subject to a credit limit.
- If any account is in dispute the undisputed portion of the account shall be payable in accordance with normal terms of trade. Payment of the disputed portion may be withheld providing full details.
- Third party costs: The Hirer shall pay or reimburse Pemberton Hire all costs and/or expenses incurred in instructing a solicitor and/or debt collection agency to recover any amounts overdue for payment and such costs and expenses shall bear interest from the date upon which they are paid or incurred by Pemberton Hire and including the date upon which the Hirer shall pay or reimburse Pemberton Hire.
- Insurance is at the Hirers risk except where is agreed with Pemberton Hire, where the Hirer remain liable for any excess claims or refused claims due to any reason whatsoever. Evidence of insurances by way of a certificate of currency must be received by Pemberton Hire before hire commences. The Hirer is responsible for the excess on insurance claims, along with down time incurred while the equipment is under repair, this will be calculated until such time as the equipment is fully operational.
- All traffic infringement notices that are incurred by the Hirer, Hirer’s Company, Company’s representatives or operator(s) while on hire, are to be paid for by the Hirer. There are no exceptions.
- Pemberton Hire reserves the right to inspect the equipment at any time, and to terminate the hire forthwith if the equipment is not being used and, maintained as provided above, or if the agreed conditions and terms of payment are not strictly complied with by the Hirer.
- Pemberton Hire undertakes no liabilities whatsoever in respect of third party or similar risks or for personal injury, or for consequential damage of any kind.
- The Hirer shall keep the equipment under his own control and employ it solely in his work and will not permit it or any part thereof to be used by any other party for any other work.
- On termination of the Hirer Agreement the Hirer shall deliver up the Equipment, complete with accessories, clean and in good order as delivered, to the company.
- Unless agreed in writing to the contrary acceptance by the Hirer of any equipment on hire from Pemberton Hire shall itself constitute an acceptance of the above terms and conditions, and the charges on the accompanying Hire Agreement schedule.
- The Hirer warrants that all persons who use hired equipment shall be COMPETENT and QUALIFIED to use the equipment, shall only use the equipment in the manner it was designed to be used, and follow any directions from the Owner, local authorities, codes of practice and/or the manufacturer of the equipment relating to the use and safety of the equipment and shall comply with all obligations in relation to the use and control of the equipment and the persons using said equipment in accordance with the Health and Safety at Work Act 2015 and all other relevant legislation and applicable regulations.