Section 01
Definitions & Interpretation
In these conditions the following words have the following meanings:
- "Company" means K.Ottaway Plant Hire Ltd, registered in England and Wales, with its registered office at Unit 28, Torbay Business Park, Woodview Road, Paignton, England, TQ4 7HP.
- "Customer" means the person, firm, or company who hires Plant from the Company.
- "Plant" means the machinery, equipment, attachments, accessories, and any associated items hired to the Customer.
- "Operator" means a person supplied by the Company to operate Plant on the Customer's site.
- "Hire Period" means the period beginning when the Plant leaves the Company's depot (or is collected by the Customer) and ending when it is returned to or collected by the Company.
- "Site" means the location at which Plant is to be used, as notified to the Company by the Customer.
- "CPA Conditions" means the Construction Plant-hire Association Model Conditions for the Hiring of Plant (current edition).
Section 02
Basis of Contract
These terms and conditions, together with the CPA Conditions where incorporated by reference in any quotation or hire confirmation, form the basis of every contract between the Company and the Customer. They take precedence over any printed terms on the Customer's purchase order or any prior course of dealing, unless expressly varied in writing and signed by an authorised representative of the Company.
A contract is formed when the Company issues a written acceptance of the Customer's order, when the Plant is dispatched to Site, or when the Customer takes possession of the Plant — whichever occurs first.
Section 03
Quotations & Orders
- All quotations are valid for 30 days unless otherwise stated and are subject to availability of Plant at the time of order.
- The Customer is responsible for ensuring that the Plant specified is suitable for the intended task, ground conditions, and Site environment.
- Verbal orders must be confirmed in writing within 24 hours. The Company may decline to act on unconfirmed verbal instructions.
- Delivery and collection times given are estimates only; the Company will use reasonable endeavours to meet them but is not liable for delays caused by traffic, weather, force majeure, or matters outside its reasonable control.
Section 04
Hire Charges & Payment
4.1 Hire rates
Hire charges are calculated from the time the Plant leaves the Company's depot (or is collected) until the Plant is returned in clean and undamaged condition. Standard working hours are taken as 8 hours per day, Monday to Friday. Use beyond standard hours, or use on Saturdays, Sundays, or public holidays, may attract additional charges where agreed in advance.
4.2 Minimum hire periods
Unless otherwise agreed, the minimum hire period is one day (24 hours) for self-drive Plant and one day for operated Plant. Weekly hire is calculated as five working days.
4.3 Delivery, collection, & transport
Transport, delivery, and collection charges are additional to the hire rate unless expressly stated otherwise. Wasted journeys due to inaccessible Sites, postponed start dates, or unavailability of an authorised receiver will be invoiced at our standard rates.
4.4 Fuel, AdBlue, & consumables
Plant is supplied with a full tank of fuel and must be returned with a full tank. Fuel and AdBlue used during the Hire Period are charged to the Customer at our prevailing rate plus a reasonable handling charge. Lubricants, hydraulic oil top-ups, and similar consumables required as a result of the Customer's use are also chargeable.
4.5 Payment terms
Unless a credit account has been agreed in writing, payment is due in cleared funds before delivery. Approved account customers are invoiced at the end of each hire (or weekly for ongoing hires) and payment is due within 30 days of the invoice date. VAT is charged in addition at the prevailing rate.
4.6 Late payment
The Company reserves the right to charge interest and compensation on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. The Company may also suspend further hires and recall Plant on hire while any sum remains overdue.
Section 05
Customer's Responsibilities — All Hires
- Provide safe, suitable, and lawful access to the Site for delivery, collection, and operation of the Plant.
- Ensure the Site has been properly surveyed, including identification of underground and overhead services, ground-bearing capacity, and any restrictions.
- Comply with all statutory and regulatory requirements applicable to the use of the Plant, including the Health and Safety at Work etc. Act 1974, the Construction (Design and Management) Regulations 2015, LOLER, PUWER, and any site-specific rules.
- Provide adequate security for the Plant outside working hours; the Plant remains the Customer's responsibility 24 hours a day throughout the Hire Period.
- Notify the Company immediately of any breakdown, malfunction, accident, theft, vandalism, damage, or incident involving the Plant.
- Not move the Plant from the Site notified to the Company without prior written consent.
- Use the Plant only for its intended purpose and within its rated capacities, and only by competent, trained, and properly certificated persons.
Section 06
Operated Hire (Operators Supplied by the Company)
Where the Company supplies an Operator, the Operator is under the general direction and control of the Customer for the duration of the Hire Period. Notwithstanding that the Operator is paid by the Company, the Customer is deemed to be the employer of the Operator for the purposes of vicarious liability arising out of the Operator's operation of the Plant, in line with Clause 8 of the CPA Conditions.
- The Customer must give the Operator clear, lawful, and safe instructions, and must not require the Operator to work unsafe hours or in unsafe conditions.
- The Operator's working hours, breaks, and welfare must comply with the Working Time Regulations 1998 and Driver's Hours rules where applicable.
- Suitable welfare facilities must be available on Site in accordance with Schedule 2 of the Construction (Design and Management) Regulations 2015.
Section 07
Self-Drive Hire
- The Customer warrants that any person operating the Plant is at least 18 years old, properly trained, holds a valid CPCS, NPORS, or equivalent card for the Plant in use, and (where required) holds a valid driving licence and any relevant categories.
- On collection or delivery, the Customer (or its representative) must inspect the Plant and sign the off-hire / on-hire sheet. The Plant is deemed to be in good working order and free from visible defect unless noted at that time.
- The Customer must carry out daily pre-use checks (fluid levels, tracks, tyres, hoses, controls, safety devices) and report any concern immediately. Continued use of defective Plant is at the Customer's sole risk.
Section 08
Risk, Insurance, & Damage
From the moment the Plant leaves the Company's depot (or is collected by the Customer) until it is returned to or collected by the Company, the Customer is responsible for the Plant. The Customer must, at its own cost, insure the Plant against all loss and damage, including but not limited to fire, theft, vandalism, accidental damage, flood, and damage in transit, for an amount not less than the new replacement value of the Plant.
The Customer must also maintain Public Liability insurance of not less than £5,000,000 (five million pounds sterling) in respect of its use of the Plant. Evidence of insurance must be provided on request. The Company's liability insurance covers the Company's own legal liability only and does not cover the Plant whilst on hire.
Where insurance has been arranged through the Company under a CPA Plant Theft and Damage scheme, the terms of that scheme apply, including any excess, exclusions, and conditions notified at the time of hire.
Section 09
Loss, Damage, & Repairs
- Damage caused by misuse, overloading, contact with overhead or underground services, operation outside the Plant's rated capacities, or use by untrained operators is the Customer's responsibility in full.
- Charges for repair, replacement, cleaning, decontamination, and continuing hire whilst Plant is being repaired or replaced are payable by the Customer.
- Tyres, tracks, glass, mirrors, hoses, and ancillary items damaged otherwise than by fair wear and tear are chargeable to the Customer at full replacement cost plus reasonable labour.
- Plant returned excessively dirty, contaminated, or with attachments missing will incur cleaning and replacement charges.
Section 10
Breakdown
In the event of a mechanical breakdown not caused by the Customer's misuse or negligence, the Company will, on prompt written notification, repair or replace the Plant within a reasonable time and will credit hire charges for the period the Plant is unavailable. The Company is not liable for any consequential losses arising from the breakdown — see Section 13.
Section 11
Off-Hire & Return
- Off-hire is only effective when the Customer has notified the Company in writing (email accepted) and has been issued an off-hire reference, and when the Plant is available for collection in a safe and accessible location.
- Hire continues to run, and charges continue to accrue, until the Plant is collected or returned, the off-hire reference has been issued, and the Plant has been inspected.
- Plant returned outside normal working hours is off-hired only from the start of the next working day.
Section 12
Cancellation
Confirmed bookings cancelled with less than 24 hours' notice may be charged at one day's hire plus any abortive transport. Cancellations of long-term or contract hires require written notice in accordance with the agreed contract terms. The Company reserves the right to recover any direct costs incurred up to the point of cancellation.
Section 13
Limitation of Liability
Nothing in these conditions excludes or limits the Company's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or limited.
Subject to the above, the Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect, special, or consequential loss, loss of profit, loss of business, loss of contract, loss of revenue, loss of opportunity, or loss arising from delay, however caused. The Company's total aggregate liability arising out of or in connection with any contract for hire shall not exceed the total hire charges paid by the Customer under that contract.
Section 14
Force Majeure
The Company shall not be liable for any failure to perform, or delay in performing, its obligations under any contract where such failure or delay arises from causes beyond its reasonable control, including (without limitation) acts of God, severe weather, fire, flood, epidemic, war, civil unrest, industrial action, fuel shortages, cyber-attack, government action, or restrictions on transport.
Section 15
Title & Right to Repossess
Title to the Plant remains at all times with the Company. The Customer must not sell, charge, sub-hire, lend, or part with possession of the Plant without the Company's prior written consent. The Company may enter any Site (with reasonable notice save in cases of emergency or default) to inspect, repair, or repossess the Plant where the Customer is in material breach of these conditions.
Section 16
Termination
The Company may suspend or terminate any hire with immediate effect by written notice if the Customer: (a) fails to pay any sum when due; (b) commits a material breach of these conditions which is not remedied within 7 days of written notice; (c) becomes insolvent, enters administration, or has a receiver or liquidator appointed; or (d) uses the Plant in a manner which, in the Company's reasonable opinion, creates a serious risk to people, property, or the Plant itself.
Section 17
Health, Safety, & Environment
Both parties shall comply with all applicable health, safety, and environmental legislation. The Customer must ensure that the Site is safe, that risk assessments and method statements are in place and shared with the Operator where relevant, and that any pollution incident, fuel spillage, or near-miss involving the Plant is reported to the Company immediately.
Section 18
Data Protection
Each party shall comply with its obligations under the UK GDPR and the Data Protection Act 2018. The Company's processing of personal data is described in our Privacy Policy, which forms part of these terms.
Section 19
Notices
Any notice under these conditions must be in writing and sent to the registered office of the Company or to the Customer's last known business address. Notice may also be given by email to josh@kottawayplanthire.com (or to the Customer's last known business email address) and shall be deemed received on the next working day after sending, provided no failure notice is received.
Section 20
General
- If any provision of these conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- No failure or delay by the Company to enforce any term shall constitute a waiver of that term.
- These conditions constitute the entire agreement between the parties in respect of the hire and supersede all prior representations, agreements, or understandings.
- The contract is personal to the Customer, who may not assign or transfer its rights or obligations without the Company's prior written consent.
- A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999.
Section 21
Governing Law & Jurisdiction
These conditions and any contract formed under them, including any non-contractual disputes or claims, are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.