Terms & Conditions

We are a team of strategists, campaigners, and thought leaders guiding the
movement to change the way our world eats and farms.

  • All hire is subject to completion of a Machinery Hire Agreement
  • All hire is subject to verification of the Hirer:
    • Limited Companies must provide Companies House registration number, registered office address and names of Directors
    • Individuals must provide proof of identity and proof of address
  • All hire is subject to the detailed terms and conditions of hire given below
  • All hired equipment must be insured by the hirer for the full length of the hire period, including day of delivery and day of collection. Proof of insurance must be given at the start of the hire.

1. DEFINITIONS

(a) The ’'Contract" is die Contract between the Owner and the Hirer for the hire of Pianl, which incorporates the Offer arid is governed by these conditions (b) The "Hire Period" shall commence from die time when the Haru leaves the Owner's depot or piece where last employed and shall continue until the Plant is received back at the Owner’s named depot or other agreed location. For the avoidance of doubt the Hire Period includes the time Plant is left on site during a Holiday Period (c) Ihe "Hirer” rs the Company firm, person Corporation 01 |xih!ic jjiltonre taking the Owner’s Plant on hire and includes then successors or personal representatives (d) “Holiday Period” covers any cessation of work over Easter, Christmas and the New Year, as well as any ofoer Bank or Public holidays. (e) “OfTcr” is the Owner’s offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be incorporated into the Contract (0 The “Owner” i\ the Company firm ot person letting the Plant on hire and includes their successors, assignees or personal representatives. (g) “Plant” covers all classes of Plan’- or replacement Plant, machinery, vehicles, equipment, accessories, and any ancillary items, vehicles or equipment therefor, which the Owner agrees to hire to the Hirer, or anything which is supp.icd by the Owner to eff ect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the Want (b) A “Working Day” shall be from 8 00 am to 4.30 pm. Monday to Thursday, and 8.00 am to 330 pm. on Friday allowing a half-hour lunch break each day, unless otherwise specified in the Contract (!) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday. unless otherwise specified in ihc Contract

2. EXTENT OF CONTRACT

No terms conditions or warranties othet than as specifically set forth in the Offer shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern die relationship betw een the Owner and the Hirer in relation to the hire of any particular Plant pursuant to the Offer. This excludes all other terms or conditions w hich the Hirer may seek to apply under any order or acknowledgement or acceptance orstmiltr document and supersedes all pnornegotiations, representations or agreements, whether written or oral unless and to the extent thai they are expressly accepted in writing and signed by die Owner The Owner and die Hirer do not intend that any of die terms of the Contract will be enforceable by virtue of the Contracts (Rights of Thud Panics) Act 1999 by any person net a party to the Contract, except that a person who is a successor to or an assignee of the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the case may be)

3. ACCEPTANCE OF PLANT

Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.

4. UNLOADING AND LOADING

The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Plant at the she; and any personnel supplied by the Owner for such unloading and / or loading shall be deemed to be under the direction and control of the Hirer. Such personnel stall for all purposes in connection with their employment in foe unloading and / or loading of foe Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the previsions of clause 13) who shall be solely responsible for all claims arising in connection with unloading and or loading of the Plant by. or with the assistance of. such personnel

5. DELIVERY IN GOOD ORDER AND MAINTENANCE INSPECTION REPORTS

la) linkss notification in writing to die contrary is received by the Owner from the Hire in foe case of Plant supplied with an operator within four working days, and in foe case ofPlana supplied without an operator within force working days, of foe Plant being delivered to foe site, foe Plant shall be deemed to be in good order, save for either an inherent fault or a foul: no: ascertainable by reasonable examraacion. ir. accordance with terms of foe Contract and to foe Hirer’s satisfaction, prov ided tin: where the Plant requires to be erected on site, the periods staled abov e shall be calculated from foe date of completed erection of Plan: The Haw shall be responsible for foe safe keeping of the Plant, its use in a workmanlike manner within foe manufacturer's rated capacity and tn accordance with the manufacturer’s and or foe Owner’s recommendations, and its return on the completion of the 1 lire Period in equal good order (fair waff and tear excepted ). (b) The Hirer shall at al. times when hiring Plant without the Owner’s operator or driver take all reasonable steps to keep himself acquainted with the state and condition of foe Plant If such Piant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage. loss. cost, ex passe or accidents whether directly or indirectly arising therefrom (c) Any inspection report required under the relevant legislation, or a copy thereof, shall be supplied by foe Owner, if requested by the Hirer, and returned on completion of foe Hire Period

6. SERVICING AND INSPECTION

The Hirer shall at all reasonable tunes allow the Owner, his agents or his insurers to have access to foe Plant to inspect, test, adjust, repair or replace the same So far as reasonably practicable the Hirer shall allow such access during the Working Day

7. GROUND AND SITE CONDITIONS

(a) The Hirer is deemed to have knowledge of the sue or the property or land where the Pianl is to be delivered and foe Hirer warrants that the condi lion of foe site or place of delivery of the Plant is suitable for the use of such Piant (b) If, in the opinion of the Hirer, foe ground (including any pnvate access road or track) is soft or unsuitable for foe Plant to w ork on. travel over, be transported over, be erected or dismantled on without timbers or equivalent support, the Hirer shall supply and lay suitable timbers or equivalent support in a suitable position for the Piant to travel over, w ork on. be transported over, be erected or dismantled an. including for foe preposc of delivery and collection. (c) Any timber or other material supplied by the Owner is provided solely to assist foe Hirer under their dunes within clause 7(b) and expressly not to reliev e him of Ins legal, regulatory or contractual obligations to ensure adequate stability of foe Plant. (d) The Hirer is responsible for foe protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, bur not limited to cables, ducts, water pipes and gas lines, and any pavements bridges, tunnels and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authonty or similar body.

8. HANDLING OF PLANT

a) When a driver or operator or any person is supplied by foe Owner with foe Plant foe Owner shall supply a person compscnt in operating the Piant or for such purpose for which tlic person is supplied and such person shall be under the direction and control of the Hirer Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the Plant be regarded as foe servants or agents of foe Hirer (but without prejudice to any of the provisions of clause 13) and foe Hirer shall b: solely responsible for a!! claims arising in connection with foe operation of the Plant by the said drivers /operators / persons. (b) The Hirer shall not allow any other person to operate such Plant w ithout the Owner's prior written consent (c) Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than that for which they are supplied by the Owner unless previously agreed in writing between foe Owner and the Hirer.

9. BREAKDOWN, REPAIRS AND ADJUSTMENT

(a) Any breakdown or foe unsatisfactory working of or damage to any part of the Plant must he notified irnnediatdy to the Owner, and confirmed in writing Any daim far breakdown time will only be considered from the time and date at which written notification is received and acknowledged by the Owner (b) Full allowance for the hire charges set out in the Offer will be made to the Hirer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault nut ascertainable by reasonable examination or fan wear and tear and for al 1 stoppages for normal running repairs in accordance with foe terms of foe Contract (c) The Hirer shall not (except for the changing of any tyre and repair of punctures), repair, modify or alter the Plant without foe prior written permission of the Owna The changing of any tyre and repair of punctures arc however foe responsibility of foe Hirer who should arrange for than to be changed / repaired The Hirer is responsible for all costs incurred in the changing or replacement of any tyre (which must be of an equivalent specification) as approved by the Owner and for the repair of any- puncture. (eft The Hirer shall be responsible for all expense invoked arising from any breakdown, unsatisfactory working of or damage to any par. of the Pianl due to the Hirer’s negligence, misdirection or misuse of foe Plant, whether by the Hirer nr hts servants and for the payment of htre at the idle time rate as

10. OTHER STOPPAGES

No claims will be admitted (other than those allowed for under "Breakdown " (clause 9) or for “Idle Time” (clause 25), as herein provided), for stoppages through causes outside the Owner scontrol, including but not limited to bad weather and or pound conditions nor shall foe Owner be responsible for foe cost or expense of recovering any Piter from soft or unsuitable ground, or * hazardous environment Fa foe avoidance of doubt, the Hirer shall be responsible for foe cos and expense of recovering any Plant from soft or unsuitable ground or a hazardous environment Owner (but without prejudice to any of the provisions of clauses 9 and / or 13) paying all transport charges involved In die event of the Owner being unable to replace die Plant he shall be ratified to terminate the Contract forthwith (but without prejudice to any of the provisions of clauses 9 and / or 13) by giving written notice to the Hirer. If such temrinatkm occurs: (a) within three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and / or 13)dia!l pay all transport charges involved, ot, (b) more than daw months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and / re 13) shall be liable only for die cost of reloading and return transport

11. LOSS OF OTHER PLANT DUE TO BREAKDOWN

Had) item of Plan! specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of Plant working in conjunction therewith, provided that where two or more items of Plant are expressly hired together as a unrt, such items shall be deemed to be one unit for the purpose of breakdown

12. LIMITATION OF LIABILITY

Except for liability on the part of the Owner which is expressly provided for in the Contract (including these clauses): (a) the Owner shall have no liability or responsibility for any loss, or damage of whatever nature due to or arising through any cause beyond hisieasonable control; (b) the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any ton (including but not limited to negligence) in connection with die hire, for any of the Hirer’s loss of profit loss of use of the Plant or am other asset or facility , loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and / or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; and (c) whenever the Contract (including these clauses) provides that any allowance is to be made against hire charges, such allowance shall be the Hirer's sole and exclusive remedy in respect of the circumstances giving rise to die allowance, and such remedy shall be limited to die amount of hire charges which would otherwise be or become due if the allowance in question had not been made (d) For the avoidance of doubt, nothing in these conditions limits or seeks to exclude the Owner's liability for claims of death or personal injury caused by the Owner's negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.

13. HIRER'S RESPONSIBILITY FOR LOSS AND DAMAGE

(a) For die avoidance ofdouN his hereby declared and agreed that nothing in this clause affects die operation of clauses 4,5, 8 and 9 of three cooditioas (b) For die duration of the Hire Period (which for the avoidance of doubt includes die time Plant is left on site during a Holiday Period) the Hirer shall, subject to the provisions referred to in sub paragraph (a) make good to the Owner all loss of or damage to the Plans from whatever cause die stoic may arise, fair wear and tear excepted, and except as provided to clause 9 herein, and shall also fully and completely indemnify die Owner and any personnel supplied by the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Plant during die cc*i tin trance of the Hire Period, and in connection therewith, whether arising under statute or common law. In the event of loss of or damage to the Plant, hire charges shall be continued at idle time rare as defined inclause 25 until the settlement has been agreed Paymentofthe settlement must be made within21 calendar daysoffoe date of die agreement or idle time charges can be reinstated from the date of that agreement Should idle time charges be re-instated, die agreed settlement figure remains payable in full (c) Notwithstanding die above the Hirer shall not be responsible for damage, loss or injury. (i) prior to delivery of any Plant to the rite (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the Plant is in transit by transport of die Owner or as otherwise arranged by the Owner, (ii) during the erection and / or dismantling of any Plant where such Plant requires to be completely erected / dismantled on site, provided always that such erection / dismantling is under die exclusive control of the Owner or his agent, (iii) after the Plant has been removed from the site and is in transit on a highway maintainable at the public expense (or where the site is no! immediately adjacent to a highway maintainable at the public expense after it has joined such highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner, (iv) where the Plani is travelling to or from a site on a highway maintainable at the public expense (or, where the si te is not immediately adjacent to a highway maintainable at the public expense, price to its leaving or after its joining such highway) under its own power with a driver supplied by the Owner.

14. NOTICE OF ACCIDENTS

If die Plant is involved in any accident resulting in injury to persons or damage to property, immediate notification must be given by the Hirer to the Owner by telephone and confirmed in writing to the Owner no later than 24 hours after such telephone notification In relation to any claim in respccl of which the Hirer is no! bound to fully indemnify die Owner, no admission of liability, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s prior written permission

15. RE-HTONG ETC.

Neither the Plant Dor any part thereof shall be re-hired, sub-let, or lent to any third party without the prior written permission of the Owner. 16. CHANGE OF SITE The Plant shall not be moved from the site to winch it was delivered or consigned without the prior written permission of the Owner 17. RETURN OF PLANT FOR REPAIRS If during the Hire Period die Owner decides that urgent repairs to the Plant are necessary then he may arrange for such repairs to be carried out on site or at any location of his normnarion In die event dint urgent repairs to the Plant are necessary die Owner shall be obliged to replace the Plant with similar Plant if available, the

16. CHANGE OF SITE

The Plant shall not be moved from the site to winch it was delivered or consigned without the prior written permission of the Owner

17. RETURN OF PLANT FOR REPAIRS

If during the Hire Period die Owner decides that urgent repairs to the Plant are necessary then he may arrange for such repairs to be carried out on site or at any location of his normnarion In die event dint urgent repairs to the Plant are necessary die Owner shall be obliged to replace the Plant with similar Plant if available, the

18. BASIS OF CHARGING

(a) The Hirer shall render to the Owner for each Working Week an accurate statement of die number of bouts the Plant has worked each day . When any personnel, operator re driva is supplied by the Owner, the Hirer shall sign their time record sheets The signature of the Hirer’s representative shall bind the Hirer to accept the hours shown on the trine records sheets. (b) Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by the Owner except where breakdown is due to acts or omissions of third parties and / re the Hirer s misuse, misdirection re negligence, subject however to the provisions of clause 8 of these conditions (c) Breakdown time in respect of such periods shall be allowed for not more than the Working Day less the actual hours worked (d) Plant shall be hired out erther: (i) for a stated minimum number of hours per Working Day re per Working Week a, (ii) without any qualification as to minimum hours Odd days at die beginning and at the end of the Hire Period shall be charged pro rata. (e) Stoppages due to changing of tyres and repairs to punctures will be chargeable as working trine ip to a maximum of 2 hours for any one stoppage and any excess will be charged for at the appropriate idle time rates. (f) In the case of Plant which is required to be dismantled for the purpose of transportation, if the Owner agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon completion of the Hire Penal, such modification of the hire charge and the Hire Period for which it shall apply shall be stated m foe Offer / Contract

19. PLANT HIRED ON A DAILY BASS WITHOUT QUALIFICATION AS TO HOURS

Tbe frill daily rate will be charged on a daily basis irrespective of the bores worked except tn the case of breakdown for which the Owner is responsible, when the actual bouts worked will be charged pro rata of tbe average Working Day. No hire charge shall be made for Saturday and / or Sunday unless the Plant is actually worked.

20. PLANT WRED BY THE WEEK OR MONTH WITHOUT QUALIFICATION AS TO HOURS

The weekly or monthly rate shall be charged irrespective of tile number of bores worked, except in die case of breakdown for which the Owner is responsible when an allowance pro rata of die agreed weekly rate or pro rata of the agreed monthly rate will be trade for each full Working Day broken down calculated to the nearest half Working Day.

21. PLANT HIRED BY TFflE WEEK OR THE HOUR FOR A MINIMUM OF 39 HOURS PER WEEK

Tbe full lure for the minimum period in the Contract will be charged and an akboooa] pro rata charge will be made for hours worked in excess of such minimum period Allowance will be made for breakdowns up to 8 bores except on Fridays when the allowance will be up to 7 bores providing always that where the actual hours worked are in excess of the minimum period less breakdown time, the actual hours worked shall be chargeable Idle trine for this purpose shall be treated as actual working time. The mini mum Working Week of 39 hours shall be reduced by 8 hours Monday to Thursday and 7 hours Friday for each Holiday Period occurring in such Working Week, provided that the Plant is not in use during such Holiday Period.

22. -ALUN" RATES

Where “All-In" rates are charged by agreement the minimum period shall be as defined in the Contract and m accordance with the hire rates and terms contained therein, subject to the provisions of clause

23. COMMENCEMENT AND TERMINATION OF CONTRACT (TRANSPORT OF PLANT)

(a) The Hire Period shall commence from the tune when foe Plant leaves tbe Owner’s depot or place where last employed and shall continue until foe Plant is received beck at foe Owner’s named depot or other agreed location but an allowance shall be made of not more than one day’s hire charge each way for travelling time. If foe Plant is used on foe day of travelling, full hire rates shall be paid for foe period of use on that day. If more then one day is properly and unavoidably occupied in transporting the Plant, a hire charge at idle time rates shall be payable fix such extra time, provided that where Plant is hired fora total period of less than one Working Week, foe full hire rate shall be paid from the dale of despatch to the date of return to the Owner’s named depot or other agreed location. (b) If the Plant is not made available for collection as agreed between foe parties, such Plant shall be deemed with immediate effect to be placed hack on hire. Tbe Hirer shall be responsible for foe safekeeping of foe Plant in accordance with clause 13, and for all foe reasonable costs and expenses incurred by foe Owner in seeking to collect such Plant (c) Upon foe completion of foe Hire Period, the Hirer shall clean and where necessary, decontaminate die Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be table for any costs, liabilities and expenses incurred by foe Owner should foe Hirer foil to comply with this clause

24. HIRER'S LIABILITY DURING THE NOTICE OF TERMINATION OF CONTRACT

at Where the litre Peru*l is indeterminate or having been defined becomes indeterminate the Contract shall be terminable by seven days notice A writing given by either parts' to the other except in cases where the Plant has been lost or damaged Notwithstanding that the Owner may have agreed to accept less than 7 days nonce of termination, the Hirer’s obligations under clause 13 shall continue until the Plant is returned to Ac Owner in accordance with clause 31 or unhl Ac Owner has collected the Plant within Ac 7 days following the acceptance of short nonce Oral notice given by Ac Hirer to Ac Owner’s driver or opertno: shall not be deemed to constitute compliance wiA the provisions of this clause. b) Without prejudice to clause 24(a). should Ac Hirer foil to make Ac Plant available for collection by Ac Owner before the end of Ac 7 day notice, die Hirer's obligations under clause 13 shall continue for a further 3 days or until such time as the Plant is made available for collection and the Owner has collected the Plant For Ae avoidance of doubt, where Ac Hirer gives a notice pursuant to clause 24{a) but subsequently and wiA the consent of the Owner, vvitlidrawv such notice, the obligations of clause 13 shall continue to apply and the requirements of clause 24 will apply to any later termination of Ac Contract c) If Ae Hirer terminates Ac Contract before the Hire Period commences, then the Hirer is liable for all reasonable costs and charges incurred by Ae Owner or to which the Owner is committed at Ac time of termination

25. IDLE TIME

When Ac Plant is prevented from working for a complete Working Week, the hire charges shall be two Airds of Ac hire rate or such other idle time rate as is agreed in writing by Ac Owner for Ac period during which Ae Plant is not in use. If Ac Plant works for any time during the Working Day then the whole of that Working Day shall be charged as working time. In any case no period less than one Working Day shall be reckoned as idle time save for as provided for in clause 18(c). Where an “AU-ln" rate is charged, idle time is calculated on the madurtc element only. Full rate will be charged for the operator.

26. WAGES AND OTHER CHARGEABLE ITEMS RELATING TO DRIVERS AND OPERATORS OF PLANT

All chargeable items shall be paid by Ac Hirer at Ae rates set out in the Contract save that any subsequent increases before and / or during Ae Hire Period arising from awards under any wage agreements and / or from increases in Ac Owner’s statutory contribution shall be charged as additions at cost by the Owner and shall be admitted and paid by Ac Hirer.

27. TRAVELLING TIME AND FARES

Travelling time, fores and similar expenses for drivers, operators and any person supplied by Ac Owner, incurred at Ac beginning and end of the Hire Period and where appropriate return fere of Ac driver, operator and any person supplied by die Owner to his home will be chargeable al cost No charge shall be made by the Owner for any such expenses incurred by other employees of the Owner for Ae purpose of servicing, repair or maintenance of Plant, unless necessitated by the Hirer’s negligence, misdirection or misuse of the Plant.

28. FUEL, OIL AND GREASE

Fuel oil and grease shall when supplied by the Owner, be charged at net cost or an agreed estimate of net cost, and when supplied by the Hirer, shall be of a grade or type s|Kvificd by the Owner Ihe Hirer shall he solely responsible for all damages, lasses, casts and expenses incurred by the Owner if Ae Hirer uses Ae wrong feel. Al a grease

29. SHARPENING OF DRILLS/STEELS ETC.

The cost of re sharpening or replacement of drill bits, blades and other ancillary items shall be borne by the Hirer

30. OWNER'S NAME PLATES

The Hirer shall not remove, defect or cover up the Owner’* name plate or mark on the Plant indicating that it is his property, wiAout the prior written permission of Ae Owner

31. TRANSPORT

The Hirer shall pay Ac cost of and if required by Ac Owner, arrange transport of Ae Plant from the Owner's depot or other agreed location to Ae she and return to tire Owner’s named depot or other agreed location on completion of Ac Hire Period.

32. GOVERNMENT REGULATIONS

a) The Hirer wiE be responsible for compliance wiA relevant regulations issued by Ae Government or Local Authorities, including regulations under Ac Environmental Acts, Factories Acts. Heal A and Safety at Work. etc. Act and observance of Ac Road Traffic Acts should they apply, including the cost of'road fend licences and any insurances made necessary thereby, save that if and during such time as the Plant ss travelling, w hether for fell or part journey from Owner to she aid site to Owner under its own power wiA a driver supplied by Ae Owner, the Owner and not Ac Hirer shall be responsible as aforesaid hr The I lira shall indemnify the Owner against any charge* or tines (hat the Ownct may become Uablc for as a result of the operation of Ae Plant during the Hire Period

33. PROTECTION OF OWNER'S RIGHTS

(a) The Hirer shall not re hire, sell mortgage charge, pledge, part with possession of or oAcrwisc deal wiA the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify Ae Owner against all losses, damage costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in Ac event of Government rcquismon (b) The Owner may tenninate Ae Contract forthwtA by written notice to Ae Hirer if one or more of the following events occur. (:) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions, (ti) The Hirer foils to observe end perform the terms and conditions of Ac Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any Assess or execution to be levied against hint: (iv) The Hirer makes or proposes to make any arrangement wiA his creditors or becomes insolvent wiAm Ae meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for Ac time bemg in force; or (v) The Hirer docs or causes, to be done or permit or suffer any act or Aing whereby Ac Owner’s rights A Ac Plant may be prejudiced or put into jeopardy.

(c) In Ac event of termination under sub paragraph A) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover Ae Plant (ii) The Owner shall be entitled to claim Ae hire charges outstanding as at the date of tisminalicm of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph A) and (cl above (i) May be exercised notwithstanding that Ae Owner may have waived some previous default or matter of the same or a like nature (it) Shall not afreet the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (c) If the Hirer docs not make payment of o suin by the final date on u Inch payment is due to be made, the Owns has the right to suspend performance of its obligations under the Contract The nght to suspend may not be cxcreisod without first grv mg lo the Hirer at least 7 days notice in writing of Ae Owner's intention lo suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The nght to suspend performance will cease when the Hirer makes payment in fell of Ac amount due.

34. CHANGES IN NORMAL WORKING WEEK

The foregoing provisions have been framed upon Ac basis of the Hirer working a 5-day week of 39 hours: it is hereby agreed that in Ae event of: (a) there being any agreed change in the normal weekly hours tn Ac industry in which Ac Hirer is engaged or, A) ti>c Contract being made wiA reference to a 5 day week of other tiian 39 hours Clauses I A) and (t), 18(c) and (d), 20 and (in regard to breakdown allowance and reduction I'm statutory holidays) 21 shall be deemed lo be modified conformably and in tiic ev en: of an alteration in the normal weekly working hours in the said industry the "Hire Rates and Terms" of Plant hired for a minimum weekly or daily period shall be varied pro rata

35. DISPUTE RESOLUTION

(a) 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 taw for this Contract. If the original site is not situated within the United Kingdom, then Ac relevant jurisdiction and interpretation of the Law of the Contract will he governed by the country where Ac Owner's head office is located A) BoA parties to the Contract have a nght to refer any difference or dispute arising under or A connection wiA Ae Contract to adjudication and the procedure set out A Part 1 of tiic Scheme for Construction Contracts (England and Wales) Regulations 1998 (or any amendment or re-enactment thereof for Ac time bang in forccl will apply The person (if any) specified tn the Contract to act as adjudicator may be named A tlx: Offer The specified nominating body to select adjudicators shall be the Construction Plant-hire Association acting by its President nr Chief Executive for the time being (c) The Owner and the Hirer shall comply forAwiA wiA any decision of the adjudicator, and shall submit to summary judgment and enforcement (and / ot under Scots law, shall consent to a motion for summary decree and submit to enforcement) A respect of all sudi decisions; A each ease, without any defence, set-off. counterclaim, abatement or deduction Where, under Scots law, Ae Owner, the Hirer, or the adjudicator, wishes to register a decision of tiic adjudicator for execution m tlx: Books of Council and Session, any oAer party shall, on being requested to do so. forth wiA consent to such registration by subscribing Ac decision before a witness 36 LATE PAYMENTS The Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.

37. SEVERABILITY

If arty of Aesc clauses arc held to be unlawful, void or unenforceable, then that douse will be deemed severable and will not affect the validity and enforceability of the rerunning clauses, to Ae extent permitted by law