Terms & Conditions
CONDITIONS OF HIRE
1. In this Agreement
(a) The ‘Owner’ means Turfleet Hire., whose Registered Office is at London Road, Twyford, Reading RG10 9EQ.
(b) ‘The Machine’ means the machine described overleaf or any other machine supplied by the Owner as a replacement in the event of a breakdown.
(c) A ‘day’ includes any part of a day or 8 hours. Tractor hire a day = 10 tractor hours.
(d) The minimum period of hire shall be one day.
(e) A ‘week’ means a period of 5 days including the day of delivery of the Machine and the day of its return and Sunday.
(f) A ‘month’ means a period of 20 working days.
2. The Hirer agrees with the Owner
(a) To pay a hire charge at the rate mentioned overleaf for each day/week of hire of the Machine such hire charges to be paid within 28 days of the date of termination of the hiring.
(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 a days notice of termination of the hiring to pay one half days hiring charge in lieu. If the hiring is for a fixed period to return the machine to the Owner not later than 5pm 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 other person whatsoever arising out of the hiring of the Machine whether resulting from breakdown or defect in the machine itself or the wilful or 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 was delivered except with the Owners consent in writing and not to charge or pledge the machine in any way 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 any accidental 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 or 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 frost.
(i) Not to permit the machine to be operated by anyone other than skilled operator or to be used in a manner or for a purpose for which it is not designed or reasonably suitable or for a use 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 costs, damage, losses, charges and expenses incurred by the Owner or his agent in collecting arrears of any moneys payable here-under or in exercising any of the powers contained herein.
(l) To pay the cost of any repairs or replacement, to the machine becoming necessary as a result of a breach of the Hirer of the provisions of paragraphs (a)(b)(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.
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 condition at the commencement of the hiring and in the event of breakdown to put the machine back into good working order as soon as possible and provided the breakdown is not due to the wilful or negligent act of omission of the Hirer his servants and agents of the breach by the Hirer or his obligations under this agreement.
(b) To provide an Operator’s Manual to the Hirer for every machine.
4. It is further agreed as follows:
(a) That the Owner shall under no liability whatsoever to the Hirer in respect of any consequential loss however arising or from loss or damage due to 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 by the Owner against the Hirer for arrears of Hire Charge or damages for breach of the Agreement.
(c) The acceptance of delivery of the Machine by the Hirer shall be conclusive that he has examined it and found it to he complete and in good order and condition and in every way satisfactory to him.
(d) 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.