Conquer Great Heights with First-Class Cherry Picker Hire
At Ashford Extra Reach, in Ashford, Kent, we treat safety seriously. As trustworthy cherry picker hire specialists, we operate to strict terms. Prior to making a booking for one of our elevated work platforms, we ask you to read our terms and conditions. Simply get in touch via email or telephone and we will be happy to answer any queries.
The Construction Plant Hire Association 2011 Hire Contracts Terms and Conditions for Consumers of Plant and Equipment Supplied with an Operator:
1 - Definitions in this Hire Agreement (the ‘Agreement’).
1.1 - ‘Hire charges’ means all the charges, operator costs, fuel charges, and other fees, as applicable, charged to you by us, in respect of the hire of the plant and equipment.
1.2 - ‘Operator’ means the operator provided by us to you with the plant and equipment to operate the plant and equipment.
1.3 - ‘Outstanding balance’ means all amounts payable under this agreement less the amount paid.
1.4 - ‘Plant and equipment’ means the plant and equipment hired to you by us, including any substitutions, replacements, and additions made in accordance with the terms of this agreement; and any manuals, accessories, or other items supplied with the plant and equipment.
1.5 ‘Site’ means the location where the plant and equipment is intended to be used.
1.6 - ‘We’, ‘us’, and ‘our’, means the owner of the plant and equipment, its successors, its employees and agents, and any business or other person to whom the owner transfers (by absolute assignment, by way of novation, or by way of security) any or all of its rights or its rights and responsibilities, whether legal or equitable, under the agreement.
1.7 - ‘You’ and ‘your’ means the hirer or hirers of the plant and equipment.
4 - Liability
4.1 - If either you or we are in breach of any term of this agreement, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach.
4.2 - You have agreed to hire the plant and equipment for domestic and non-commercial purposes only. In the circumstances, if we are in breach of this agreement, we will not be liable to you for any claim relating to business expenses or losses, including but not limited to claims for loss of profit.
4.3 - If a third party makes a claim against us in relation to any loss or damage caused by the plant and equipment as a result of your breach of any term of this agreement, you will indemnify us in full for all costs and/or losses suffered by us as result thereof, including but not limited to payment of compensation (including interest where applicable) to the third party, our reasonable legal, and other fees incurred as a result of any legal action resulting from the claim. You will not be responsible for such a claim to the extent that the loss or damage results from our negligence or breach of contract.
4.4 - Subject to clause 4.6, our liability is limited as follows;
4.4.1 - Our liability for loss, destruction, or damage to goods or property (other than goods being lifted by crane which is covered in 4.4.2 below) is limited to a total of £2 million, whether due to our breach of contract or negligence; and,
4.4.2 - If you are undertaking a lifting operation our liability for loss, destruction, or damage to the goods being lifted is limited to a total of £25,000, whether due to our breach of contract or negligence.
4.5 - If you think there is a possibility that goods or property could be damaged which have a value of more than these limits, then you must notify us in writing before the plant and equipment is delivered to the site. On receipt of such notification, we may choose to make additional coverage available and this may involve an increase in the hire charges. You will not be able to claim more than the amounts set out in clause 4.4 if;
4.5.1 - You do not notify us that the damage could exceed the above limits;
4.5.2 - We choose not to have additional cover made available;
4.5.3 - You do not agree to meet the extra charge for additional coverage; or
4.5.4 - The additional coverage fails for some reason that is not our fault. This will be so, even where we are at fault, except where your claim is for death or personal injury, as mentioned in paragraph 4.6 below.
4.6 -The limits set out in paragraph 4.4 do not apply for claims of death or personal injury caused by our negligence. There is no limit on the amount of our liability for such claims.
5 - Loss, Theft, or Damage to the Plant and Equipment
5.1 - Subject to clauses 5.3 and 5.4 below, if the plant and equipment is lost, damaged, stolen, or destroyed while in your care, whether our operator is present or not present, or as a result of your failure to ensure that the site is safe, you will be liable for the full cost of repairing or replacing the plant and equipment.
5.2 - We may take out insurance to cover the risk to our plant and equipment in respect of events set out in clause 5.1. If we do so and you pay the waiver fee, we will not pursue you for the costs of repairing or replacing the plant and equipment, but only to the extent that such costs are reimbursed to us by our insurers. You will still be liable to us, however, to the extent that the insurers do not reimburse us for the loss or damage. You must take reasonable care of the plant and equipment while it is at your site, even if the waiver
fee has been paid.
5.3 - You will not be liable to pay us for any damage caused to the plant and equipment arising from defects in the plant and equipment that were not apparent when it was hired to you, or which occur while the plant and equipment is being operated by our operator, unless such damage arises as a result of the site being unsafe and/or your negligence.
5.4 - You will not be liable for any loss or theft of the plant and equipment resulting from a fault in the plant and equipment's security system, which occurred before the plant and equipment was delivered to the site, or occurs while the plant and equipment is being operated by our operator, unless the fault in the plant and equipment’s security was caused by damage arising as a result of the site being unsafe and/or your negligence.
5.5 - Where the plant and equipment, or any part of it, is lost, stolen, damaged, or destroyed, you must notify us immediately either via our operator or to us at our principal office, as a matter of urgency, in order that we can notify our insurers. If the insurers refuse to pay us because of a delay in notification by you, you will be liable to us for what would have been recovered from the insurers if you had complied with the clause. You must provide our insurers and us with all reasonable assistance when so requested.
5.6 - You must notify the police immediately if the plant and equipment, or any part of it, is stolen, or has been criminally damaged.
6 - Damage to Site and/or Access
6.1 - You acknowledge that the plant and equipment you have chosen to hire may cause superficial damage to the ground of your site. If you request or direct the operator or plant and equipment to leave the public highway, particularly in or after wet weather (for example, ruts may be created or paving stones may be cracked or blocked paving may be compressed down) then you will be fully responsible for any damage that may occur, and you will fully indemnify us in respect of any claims. You further acknowledge that the plant and equipment may also cause damage to underground services such as drains and sewers. Our driver or operator will do his best to limit any such damage, but we cannot be held responsible for any damage of this sort once you request the driver or operator to leave the public highway. You are responsible for making good any damage caused to your property, adjoining properties, or adjoining land in obtaining access. Please note; private roads are not classed as public highways.
6.2 - If you are particularly concerned to avoid superficial damage to your ground you must let us know as soon as possible. We may be able to provide extra protection, although there may be an additional cost in doing so, which we will pass on to you, especially if we need to buy extra protection for your specific needs.
7 - Site and Access
7.1 - While we do not expect you to have any technical knowledge of the plant and equipment you are hiring, it is your obligation to inform us of any visible access or site restrictions, which you think may cause difficulty, for example, restricted access, limited working space, uneven ground, or overhead obstructions such as cables etc.
7.2 - We may carry out a site inspection; if we do we will check both the means of access and the place(s) where you require the work to be carried out. It is your responsibility to undertake any site preparation that we ask (for example, removing goods or materials that may hinder the job). We shall not be responsible for lost work time if the operator is unable to commence or continue work as a result of your failure to complete site preparation as requested by us.
7.3 - You must immediately notify us of any change in site conditions prior to the hire which might affect the safe use of the plant and equipment or the safety of our operator.
7.4 - Whether or not we carry out an inspection, we may need to ask you for information about such things as the location of any cesspits, drains, and sewers. You must make every effort to ensure the information you give us is accurate.
7.5 - Where access is required over land that you do not own, you undertake that you will obtain consent from the respective land owner(s) and pay any charges they may make.
7.6 - The plant and equipment hire will only be booked for the one site that you request. If you require the operator on more than one site you must arrange this in the initial booking; there may be an additional fuel charge between sites. The hire charge will start at the beginning of your hire and will end at the end of your hire; any travelling by the operator with the plant and equipment will be included in the term of hire.
8 - Plant and Equipment and the Operator (Cherry Pickers and MEWPs)
8.1 - It is your responsibility to give the operator of plant and equipment clear instructions regarding the job you wish to be undertaken. You must provide any further information or explanation the operator asks you for.
8.2 - We will ensure that the operator is competent and qualified to operate the plant and equipment and he will do his best to arrive punctually, traffic and weather conditions permitting.
8.3 - We will ensure that the plant and equipment hired to you is in good working order and is fit for the purpose for which it is normally used.
8.4 - The operator’s responsibility is generally limited to operating the plant and equipment competently and safely to complete the job that you have instructed him to undertake. The normal hire of a cherry picker or operator is to gain safe access height only. Please note: the operator is not qualified to work on any broken or damaged cables, (being of electricity, TV, satellite, security lighting, or camera cables etc) and a fully trained and qualified electrician or TV and security installer should also be present to carry out the work on your behalf. Our operator is only there to give the installer safe working conditions at the height he requires, to a maximum of 13.5 metres.
9 - Safety
9.1 - You must not operate the plant and equipment yourself.
9.2 - We will be responsible for the safe operation of the plant and equipment by our operator.
9.3 - You must follow any safety instructions given by our operator. You must also take your own sensible safety precautions (for example, you must take all reasonable measures to prevent children from playing on or near or beneath the plant and equipment at any time while it is on hire to you) . You must wear personal protection equipment if you wish to work from the cherry picker cradle (a hard hat and a full-body harness will be provided by us and this must be connected to the safety clamp in the cradle before any height is achieved). You should also wear steel toe cap footwear. If tree work is being carried out, you must ensure that no vehicles or property is likely to be damaged by falling branches etc.
9.4 - While the operator will be responsible for the safe operation of the plant and equipment, you must ensure that the site and working area is safe and secure.
10 - Payment
10.1 - The plant and equipment will be hired out by the hour (minimum two hours) and the first two hours must be paid for upon the operator’s arrival at your site, either in cash or by a bank transfer, or by sending a cheque in advance that will clear before the hire date commences. Fuel charges are charged for travelling to your site (the first five miles from our postcode are free), and we do not charge for fuel while the vehicle is running on site, as this is included in the hourly hire charge. Payments may be made in cash, bank transfer, or a card-guaranteed cheque in the hirer’s name. Receipts will be issued for all hire terms and travelling fuel, while we do not charge VAT.
10.2 - The hire charges will be charged and based on the length of time for which you require the plant and equipment and the operator to be onsite. Please note that we may accept another booking after your requested hire period is finished, so please make sure you request enough hire time to complete your work in time. If another booking is made after your period ends, we will allow 30 minutes for the operator to clear up before leaving for his next hire.
10.3 - You do not continue to pay hire charges during stoppages which we could have avoided (such as breakdowns in the plant and equipment). Neither do you continue to pay hire charges during our operator's lunch break (if he stops the plant and equipment).
10.4 - Stoppages which are not due to a fault on our part, or on the part of our operator, will be charged for (e.g. stoppages caused by inclement weather, unforeseen problems with the site or access, usual running maintenance, such as re-fuelling or re-fitting accessories, and the sharpening or changing of chainsaw chains).
10.5 - You can ask the operator to stop work at any time. If you do so, you will be responsible for the hire charges including the daily rate for the day on which work ceases, or the agreed minimum or fixed period.
10.6 - We may ask you for payment of all or part of the hire charges in advance.
10.7 - During long hire periods you will be asked to sign a time sheet confirming that it is an accurate record of the operator’s chargeable hours. You should check the time sheet carefully and only sign if you agree with the information set out.
10.8 - Hire charges are due at the beginning and/or the end of the hire. We will let you know when you must pay the hire charges at the time you place your order to hire the plant and equipment.
10.9- You must pay the hire charges in advance or on the day of hiring the plant and equipment and operator.
11 - General
11.1 - If any provision of this agreement is held to be unlawful, void, or unenforceable then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, to the extent permitted by law.
11.2 - Notices from you to us should be sent to our principal office address. Notices to you from us will be sent to the address provided to us by you or to any other address which you have notified to us in writing. You must notify immediately in writing of any change to your address.
11.3 - The agreement incorporates all of the terms agreed between you and us. It cannot be varied except by a document signed by you and us on or after the date of this agreement.
11.4 - A party who is not a party to this agreement shall have no right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.
11.5 - If any amount is payable to you by us under this agreement, we may withhold from those monies an amount equal to the total monies you owe us under this agreement.
11.6 - If the site is situated within the United Kingdom, then the court whose jurisdiction covers the site will have exclusive jurisdiction and interpretation of the law for this contract.
Please read our note to owners and hirers of plant and equipment:
These Construction Plant Hire Association (CPA) Hire Contract Terms for Consumers apply to the hiring plant and equipment supplied with an operator to individual consumers not acting in the course of any business. All terms have been drawn up by the CPA. Additionally, they are recommended by CPA members and consumers as a comprehensive, fair, and properly integrated set of hire terms appropriate for this type of equipment. Both the owner and the hirer must ensure that they are fully covered by insurance against the risks involved in the hire of the plant and equipment under these terms and conditions.