Trade Hire Terms & Conditions

1. Application

These Terms apply where the customer ("the Hirer") hires plant, machinery, attachments, trailers or other equipment ("the Plant") from Bradbury Plant ("the Owner") wholly or mainly for the purposes of a trade, business or profession.

By placing an order, accepting delivery or taking possession of the Plant, the Hirer agrees to these Terms. The hire confirmation, rate sheet and any agreed written quotation form part of the hire agreement.

2. Hire Period

The hire starts when the Plant is delivered to the agreed site or collected by the Hirer and continues until the Plant is returned to, or collected by, Bradbury Plant.

The Hirer remains responsible for the Plant throughout this period. Where collection is arranged, the Hirer must make the Plant available for collection at the agreed place and time.

Hire extensions must be agreed with Bradbury Plant before the existing hire period expires. Late return or failure to make the Plant available for collection may result in additional hire charges.

3. Hire Charges

The Hirer must pay the hire, delivery, collection and other agreed charges shown on the booking confirmation, quotation or applicable rate sheet.

Unless expressly stated otherwise, prices quoted to trade customers are exclusive of VAT. Additional hire days will be charged at the applicable additional-day rate.

Any additional charges arising from the Hirer's use of the Plant, including damage, cleaning, fuel, recovery and missing equipment, are payable in addition to the basic hire charge.

4. Delivery and Collection

The Hirer must provide safe, suitable and lawful access for the delivery and collection vehicle and Plant.

The Hirer is responsible for identifying weight or width restrictions; low bridges or overhead obstructions; weak roads, driveways or surfaces; underground services; drains, septic tanks or voids; soft or unstable ground; restricted access; and other hazards affecting delivery, unloading, collection or operation.

Bradbury Plant may refuse to enter or unload at any location reasonably considered unsafe or unsuitable. Any additional journey, waiting time, aborted delivery or recovery reasonably caused by unsuitable access or incorrect information supplied by the Hirer may be charged to the Hirer.

5. Condition of Plant

Bradbury Plant will supply the Plant in serviceable condition and suitable for its normal intended purpose.

The Hirer must inspect the Plant on delivery and notify Bradbury Plant promptly of any apparent defect, shortage or damage. Existing damage recorded by Bradbury Plant before hire will not be charged to the Hirer.

The Hirer must not continue operating Plant where doing so may cause further damage.

6. Operation and Competence

The Hirer must ensure the Plant is operated only by persons who are competent, appropriately trained and legally entitled to operate it.

The Hirer is responsible for ensuring that the Plant is suitable for the intended work and site conditions. The Plant must be operated in accordance with manufacturer instructions; used only for its intended purpose; not overloaded; not used recklessly or negligently; not modified or tampered with; and must not have safety equipment, trackers or security equipment disabled or removed.

The Hirer must carry out reasonable daily checks including fluid levels, tracks or tyres and visible damage.

7. Site Safety and Ground Conditions

The Hirer is responsible for the safety and suitability of the site on which the Plant is operated. This includes locating underground and overhead services and ensuring that ground conditions are suitable.

Bradbury Plant is not responsible for damage caused by the Plant to ground, paving, landscaping, utilities or structures where that damage results from the Hirer's operation of the Plant, unsuitable ground or site conditions.

8. Fuel

Diesel Plant must be operated using the correct fuel. The Hirer is responsible for damage caused by contaminated or incorrect fuel supplied during the hire.

Where Plant is supplied full of fuel, it must be returned full unless otherwise agreed. Bradbury Plant may charge the reasonable cost of replacement fuel and refuelling where Plant is returned short.

9. Breakdown

Any breakdown, warning light, abnormal noise, leak or suspected defect must be reported to Bradbury Plant as soon as reasonably practicable. The Hirer must stop using the Plant where continued operation could cause damage or create a safety risk.

Bradbury Plant will be responsible for the reasonable cost of repairing genuine mechanical failure and fair wear and tear. The Hirer is responsible for breakdown or damage resulting from misuse, negligence, collision, overloading, incorrect fuel, failure to carry out reasonable checks or continued operation following an obvious fault.

Hire charges will not be payable for periods when the Plant cannot reasonably be used solely because of a mechanical failure for which Bradbury Plant is responsible.

10. Tracks, Tyres and Undercarriage

Normal wear and tear is Bradbury Plant's responsibility.

The Hirer is responsible for avoidable damage including punctures; cuts and sidewall damage; damaged tracks; damage caused by debris becoming trapped in the undercarriage; damage caused by operating on unsuitable material; and damage caused by misuse or negligent operation.

A thrown track will not automatically be treated as Hirer damage. Responsibility will depend on the cause.

11. Plant Becoming Stuck or Immobilised

The Hirer is responsible for assessing ground conditions before operating the Plant.

Where Plant becomes stuck, bogged, submerged, rolled, stranded or otherwise immobilised because of site conditions or the Hirer's operation, the Hirer is responsible for the reasonable costs of recovery.

The Hirer must not attempt a recovery likely to damage the Plant without Bradbury Plant's agreement. Bradbury Plant may charge reasonable transport, labour, third-party recovery and associated costs.

12. Damage

The Hirer is responsible for loss of or damage to the Plant occurring during the hire period except to the extent caused by fair wear and tear; an inherent defect; a mechanical failure for which Bradbury Plant is responsible; or Bradbury Plant's negligence.

The Hirer must notify Bradbury Plant promptly of any accident or damage. The Hirer must not arrange repairs without Bradbury Plant's approval except where immediately necessary to prevent injury or further serious damage.

The Hirer will be responsible for the reasonable cost of restoring Hirer-damaged Plant to its pre-hire condition.

13. Theft and Total Loss

The Hirer is responsible for keeping the Plant secure throughout the hire. When unattended, all supplied security devices must be used and keys must be removed and secured separately where reasonably practicable.

The Hirer must notify Bradbury Plant immediately if Plant is lost or stolen and must report theft or criminal damage to the police without delay. The Hirer must provide the crime reference number and reasonable assistance required for any insurance claim.

Where Plant is lost, stolen or damaged beyond economic repair while the Hirer is responsible for it, the Hirer will be liable for Bradbury Plant's reasonable uninsured loss, subject to applicable law and the terms of this agreement.

14. Insurance

Unless Bradbury Plant confirms otherwise in writing, the Hirer is responsible for maintaining appropriate insurance for hired-in plant for the full hire period.

Bradbury Plant may request evidence of insurance before or during the hire. Failure to obtain appropriate insurance does not remove the Hirer's contractual responsibility for the Plant.

15. Continuing Hire Following Hirer Damage

Where the Plant is unavailable for hire because of loss or damage for which the Hirer is responsible, Bradbury Plant may charge reasonable continuing hire or loss-of-use charges for the reasonable period required to repair or replace the Plant.

Bradbury Plant will take reasonable steps to minimise such loss. No continuing hire charge will be made for delays caused solely by Bradbury Plant.

16. Cleaning

The Plant must be returned in a reasonably clean condition having regard to the work for which it was hired. Normal working dirt is expected.

Bradbury Plant may charge reasonable additional cleaning costs where excessive mud, concrete, paint, asphalt, hazardous material, waste or other contamination requires additional cleaning.

The Hirer must notify Bradbury Plant before return if the Plant has been exposed to hazardous or contaminated material.

17. Attachments and Accessories

Buckets, keys, pins, hitches, chargers and other accessories supplied with the Plant form part of the hire. Missing or Hirer-damaged items may be charged at the reasonable cost of repair or replacement.

18. Location and Sub-Hire

The Plant must remain at the agreed hire location unless Bradbury Plant gives permission for it to be moved.

The Hirer must not sell, dispose of, pledge, lend, sub-hire or otherwise part with possession of the Plant without Bradbury Plant's written consent. Ownership of the Plant remains with Bradbury Plant at all times.

19. Security and Tracking

Plant may contain GPS, telematics, hour-meter or other security and operational monitoring systems. The Hirer must not interfere with these systems.

Data may be used for security, recovery, servicing, billing, investigation of damage and management of the hire.

20. Recovery of Plant

Bradbury Plant may terminate the hire and require return of the Plant where the Hirer materially breaches these Terms, fails to make payment when due, uses the Plant dangerously or unlawfully, or places the Plant at material risk.

The Hirer must provide reasonable access for lawful recovery of Bradbury Plant's property.

21. Hirer's Property and Consequential Loss

Bradbury Plant will not be responsible for indirect or consequential business losses such as loss of profit, loss of contract or loss of production except where liability cannot lawfully be excluded or limited.

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot legally be excluded.

22. Payment

Invoices must be paid in accordance with the payment terms stated on the invoice or account agreement. Bradbury Plant may suspend further hires where sums are overdue.

Reasonable costs incurred recovering overdue commercial debts may be charged where permitted by law.

23. Cancellation

Cancellation charges, where applicable, will be those notified to the Hirer when the booking is made. Bradbury Plant will take reasonable steps to minimise losses following cancellation.

24. Law

These Terms and the hire agreement are governed by the law of England and Wales. The courts of England and Wales will have jurisdiction, subject to any mandatory legal rights that apply.