1. Acceptance

TheHirer’s order, whether verbal or in writing, for the supply of the Plant specified in this contract is an expressed acceptance of all terms of this contract and in as so far as any term of Hirer’s order may be inconsistent therewith the terms of this contract shall prevail.



MM Fork Truck Services (MMFTS) will deliver the Plant to the Hirer’s premises at the commencement of this contract and will collect on expiry. MMFTS will make a charge for this service which will be payable in addition to the hire rate.

3. Commencement of Hire

(a) The hire shall commence upon the Plant leaving MMFTS depot and shall terminate upon its return to the depot, or to such premises as MMFTS directs.

(b) Charges shall accrue from day to day. The day the Plant leaves the depot and the day the Plant is returned shall each be treated as full days for the purposes of calculating the hire charges payable.

4. Payment and other charges

(a)Rent shall be due from the Hirer in advance at the daily or weekly or monthly rate specified in the Special Terms and Conditions. The owner shall render invoices for such rent upon receipt of which the Hirer shall make immediate payment. Failure of the Owner to render such invoices shall not prevent the rent being due as aforesaid. The Owner may at it’s discretion invoice rent in one, two, three or four weekly periods. The date of delivery to the Site and the date of return from the Site shall be counted as whole days for the purpose of this clause. The Owner shall have the right to demand a cash deposit from the Hirer before or upon the delivery of the Machine, such deposit shall credited against the first invoice for rent of other charges. Without prejudice to the Hirer’s rights and obligations hereunder and for the avoidance of doubt the Hirer’s liability to pay rent hereunder shall continue until the Machine is returned to the owner.

(b) Following the first six months of continuous hire and every subsequent six months the rental charge will be increased by an amount equal to the increase in the PR (the latest index figure available at that date).

(c) All sums payable by the Hirer to the Owner under or by virtue of this Agreement shall bear interest at the annual rate of 3% over Finance Houses Association Base Rate from the day on which the sum became due until payment.

(d) The number LPG fuel cylinders (if appropriate) supplied at commencement of hire is stated in the Special Terms and Conditions. If at completion of hire, the hirer fails to return these fuel cylinders supplied during the period of hire, missing cylinders shall be charged to the Hirer at 45 Pounds Sterling plus VAT (this charge is subject to LPG manufacturer’s increase from time to time). Cylinders of a manufacturer other than those of the cylinders supplied by the Owner are not acceptable for return.

5. MMFTS Obligation

To ensure the satisfactory performance of the Plant

MMFTS undertakes to:

(a) Service the Plant

(b) Repair or replace any item of Plant failing in normal use.

6. Hirer’s Obligation

The Hirer undertakes to:

Fill in pre-use check record sheet.

(a) Carry out the following maintenance:

1. Lubrication

2. Battery charging and topping up procedure

3. Repair of punctures

4. Ensure:

(i) Tyres correctly inflated

(ii) The engine sump, hydraulic tank and cooling system filled to the specified levels

(iii) The Plant to be kept reasonably clean

5. Such other routine checks as may be recommended by MMFTS.

(b) Ensure that the Plant is only used by trained staff, and for the purposes

For which it was designed or is reasonably suitable.

(c) Take all reasonable precautions to protect the Plant from adverse

operating conditions and to safeguard it against theft, loss or damage

from whatsoever cause.

(d) Afford MMFTS or its agents access to inspect service, repair or replace

the Plant during MMFTS normal business hours.

(e) Notify MMFTS of all breakdowns or unsatisfactory working of any part

of the Plant and damage as soon as possible and not to attempt

repairs without MMFTS prior authority. Any claim for breakdown will

only be considered from the time such notice is received.

7. Changes of Site

The Plant may not without MMFTS prior written consent:

(a) Be removed from the premises to which it was delivered

(b) Be used on the public highway.

8. Owner Plates

These may be affixed on the Plant by MMFTS and shall not be removed, altered or obliterated by the Hirer.

9. Termination of Hire

(a) Where no fixed period of hire is agreed either party may terminate

the hire at any time giving the other seven days’ written notice.

(b) If any payment of the hire charges shall be overdue for ten days

(whether legally demanded or not) or if the Hirer shall die or

become bankrupt or shall go into liquidation whether voluntary or

compulsory or shall fail to observe any of the terms and conditions

herein contained, MMFTS may at any time retake possession of the

Plant and terminate this agreement but without prejudice to

MMFTS rights in respect of any breach of the terms and conditions

of this contract or to any arrears of hire charges accrued due before


10. Liability for Loss, Damage

(a) The Hirer shall at the Hirer’s expense fully insure with a reputable

insurance company:

(i) The Plant as described overleaf for the value shown, against loss

or damage or destruction howsoever arising.

(ii) Indemnify MMFTS against all third party claims and losses

howsoever arising in respect of damage to or loss or destruction

of any property or in respect of the personal injury or death

of anybody in any way caused by or relating to the Plant or its


(b) Where any item of Plant is lost, or damaged, other than by normal

wear and tear or through the negligence of MMFTS or its agents the

Hirer shall be liable for all hire charges up to and beyond when the

contract would have expired or could be lawfully terminated until:

(i) The Hirer pays MMFTS the full replacement value of the lost or of

the damaged item of Plant if capable of satisfactory repair, or

(ii) The item of Plant where damaged, is repaired if capable of

satisfactory repair.

(c) We will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wages, fees or expenses caused by late delivery, non-delivery, unsuitability, breakdown or failure to work properly of the goods or any part of them.

11. Allowances

(a) Allowances will be given for any loss of use of the Plant which in the opinion of MMFTS is due to breakdown caused by inherent faults, wear and tear or faulty repair carried out by MMFTS, excluding stoppages for normal maintenance and servicing. No allowance will be made for non-use for any other reason.

(b) Discounts will be removed should the hirer not meet our payment terms as stated in clause 4 (a).

12. Force Majeure

Although MMFTS will make every reasonable effort to discharge its obligations under this contract in a prompt and efficient manner, it does not accept responsibility for failure or delay by circumstances beyond its immediate control.

13. Special Terms and Conditions

Reference in these General Terms and Conditions of Short Term Hire to the Special Terms and Conditions shall mean the Special Terms and Conditions on the face thereof or printed in a separate document attached hereto in which the Owner agrees to put on Hire and the Hirer agrees to take on hire the subject Machine. Such Special Terms and Conditions shall contain details of the Owner, the Hirer, the Machine and all other relevant details including the special terms and conditions applicable to the specific hire.