Definitions
“Supplier” means Leasium Ltd and includes its successors and assigns.
“Hirer” means the company, firm, business, person, corporation or public authority taking equipment on hire from the Supplier and includes their successors and assigns.
When the Contract Comes Into Being
The Contract shall come into being between the Hirer and the Supplier when the Hirer has placed an order that details their requirements and thereby agrees to be bound by these Conditions, and the Supplier has received or accepted the order. Placing an order may be verbal, written, signed or unsigned and may include the provision of the Hirer’s purchase order number.
Responsibilities of the Hirer and Person Making the Contract
The person making the Contract (the “agent”) warrants that they have the authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred if this is not the case.
The agent and Hirer jointly and severally undertake to ensure that no one uses the Equipment who is not properly instructed in its safe and proper operation, and to ensure that every user is in possession of any instructional material supplied by the Supplier. The Equipment must not be misused.
Basis of Charging
The Hirer will pay the hire charges and any other charges set out in the Contract in accordance with the stated payment terms. Hire charges commence from the time or events stated in the Contract and continue during the hire period until the Equipment is treated as off-hire, pending collection by the Supplier or until returned in a clean and serviceable condition with a receipt from the Supplier.
Unless otherwise agreed, all time is chargeable, including weekends and bank holidays.
When Signature for Receipt of Equipment Becomes Effective
Where the Hirer or their agent signs for receipt of Equipment before the Equipment is physically handed over (for administrative convenience), the signature becomes effective only immediately after the physical handover and inspection of the Equipment.
Responsibility of the Hirer
The Hirer’s responsibility for the Equipment starts upon receipt by the Hirer or their agent or, in their absence, upon delivery as requested. This responsibility ends only when the Supplier issues an unqualified receipt for all Equipment.
Personnel Supplied
When a driver, operator, or other personnel is supplied by the Supplier:
The person will be competent in operating the plant or task as identified by the Hirer prior to the date of the contract.
Such persons are under the sole direction and control of the Hirer at all times.
The Hirer is responsible for providing and maintaining all necessary Risk Assessments and Method Statements.
Personnel must not operate any plant other than what was identified by the Hirer, unless the Supplier gives written permission.
For all purposes in connection with their work, these persons are deemed to be servants or agents of the Hirer, who is responsible for any claims arising from their work.
Insurance & Responsibility for Lost, Stolen or Damaged Equipment
The Hirer agrees to:
Pay the full replacement cost of any Equipment that is lost, stolen, or damaged beyond economic repair.
Insure the Equipment on this basis and produce evidence of insurance if required by the contract.
All monies received from insurance claims or other sources related to Equipment loss, theft, or damage must be held in trust by the Hirer and paid to the Supplier upon request.
Delays or issues with the Hirer’s insurance policy will not affect the Supplier’s right to full replacement value.
Non-Returned, Lost, Stolen, Damaged or Unclean Equipment
The Hirer accepts full responsibility for the care, safekeeping, and return of the Equipment in good order.
The Hirer will:
Pay all costs incurred by the Supplier for rectifying damaged, unclean, or not properly dismantled Equipment.
Pay a charge equating to lost earnings (“idle time”) while the Equipment is out of service. This is calculated at two-thirds of the weekly hire rate or another agreed idle time rate.
Fuel – Mandatory Use of White Diesel
1. Permitted fuel
Unless expressly agreed otherwise by the Supplier in writing before the hire period begins, all Equipment supplied by the Supplier must be operated only on fully duty-paid diesel (“white diesel”) of the grade specified by the manufacturer.
The Hirer must not put, or permit to be put, into any Equipment supplied by the Supplier any red diesel, marked gas oil, rebated diesel, rebated fuel, agricultural diesel, or any other fuel subject to a reduced rate of fuel duty.
2. No exception for qualifying use
This requirement applies whether or not the purpose for which the Equipment is hired or used would otherwise permit the use of rebated fuel under HM Revenue & Customs rules.
The Hirer acknowledges that the Supplier operates and hires Equipment for a variety of purposes and customers. The requirement for fully duty-paid fuel is therefore a contractual requirement of the Contract. It applies regardless of whether the Hirer’s particular use of the Equipment may qualify for rebated fuel under HMRC rules.
3. Hirer’s responsibility
The Hirer is responsible for ensuring that the correct fuel is used throughout the hire period. The Hirer must also ensure that its employees, agents, contractors and any other person using the Equipment comply with this requirement.
4. Return of Equipment
The Equipment must be returned with the correct fully duty-paid white diesel in the fuel tank, unless the Supplier has expressly agreed otherwise in writing.
The Hirer must not return Equipment containing red diesel, marked gas oil, rebated diesel or any other rebated fuel.
5. Fuel inspection
The Supplier may inspect, test or sample the fuel in the Equipment at any time during or after the hire period, including when the Equipment is returned.
If the Supplier reasonably suspects that the Equipment contains prohibited or incorrect fuel, the Supplier may withhold the Equipment from further hire until three things have happened: the fuel has been removed, the Equipment has been inspected, and, where reasonably necessary, the Equipment has been cleaned, flushed or serviced.
6. Costs arising from incorrect fuel
If the Equipment is returned with any prohibited or incorrect fuel, the Hirer shall be responsible for the Supplier’s reasonable costs and expenses necessarily incurred as a result. Where reasonably required, these include:
draining and removing the incorrect fuel;
disposal of the removed fuel;
flushing and cleaning the fuel tank and fuel system;
refilling the Equipment with the correct fully duty-paid fuel;
inspection, testing and fuel-system checks;
replacement of fuel filters or other components where reasonably required as a consequence of the incorrect fuel or the remedial procedure; and
reasonable transport, labour and associated costs incurred in carrying out the above work.
The Supplier will charge these costs at its applicable rates. Where a third party carries out the work, the Supplier will charge the reasonable third-party cost.
7. Loss of hire
This paragraph applies where the Equipment cannot reasonably be made available for another hire because it contains prohibited or incorrect fuel. In that case, subject to the other provisions of the Contract and to applicable law, the Supplier reserves the right to recover any reasonable and demonstrable loss of hire directly resulting from the Hirer’s breach.
8. Fuel remaining in the Equipment
The Hirer acknowledges that fuel remaining in the Equipment on return does not entitle the Hirer to any reimbursement or credit, unless expressly agreed otherwise in writing.
9. Compliance with HMRC requirements
The Hirer remains responsible for ensuring that its use of the Equipment complies with all applicable HM Revenue & Customs requirements on the use of rebated fuels.
The requirement that only fully duty-paid white diesel be used is a contractual requirement. It does not confirm that any particular use of the Equipment is, or is not, eligible for rebated fuel under HMRC rules.
Rights of Access
The Hirer authorises the Supplier to enter any land or premises where the Equipment is located, to inspect, test, repair, replace, or repossess the Equipment as the Supplier deems necessary.
Rights Reserved
Failure by the Supplier to enforce any or all of these Conditions shall not be construed as a waiver of any of the Supplier’s rights.
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