Last updated April 11, 2022
Fiveways Municipal Vehicle Hire has one of the largest premium fleets of waste and recycling vehicles available for short- and medium-term spot hire.
1) DEFINITIONS
a) `THE “OWNER” IS FIVEWAYS MUNICIPAL VEHICLE HIRE LTD.
b) THE “HIRER” IS THE COMPANY, FIRM, PERSON, CORPORATION OR PUBLIC AUTHORITY TAKING THE OWNERS VEHICLE ON HIRE AND INCLUDES THEIR SUCCESSORS OR PERSONAL REPRESENTATIVES.
c) “VEHICLE” COVERS ALL CLASSES OF PLANT, MACHINERY, EQUIPMENT AND ACCESSORIES THEREFORE, WHICH THE OWNER AGREES TO HIRE TO THE HIRER.
d) A “DAY” SHALL BE 8 HOURS UNLESS OTHERWISE SPECIFIED IN THE CONTRACT.
e) A “WEEK” SHALL BE FIVE CONSECUTIVE DAYS.
f) THE “OWNER” RESERVES THE RIGHT TO CHARGE FOR SATURDAY & SUNDAY USAGE.
g) THE “OWNER” RESERVES THE RIGHT TO CHARGE FOR THE ‘DOUBLE-SHIFTING’ OF A HIRE VEHICLE. THIS IS APPLICABLE AFTER 8 HOURS OF USE IN ANY ONE DAY.
h) SPOT HIRE IS RESTRICTED TO A MAXIMUN PERIOD OF 90 DAYS.
i) THE HIRE PERIOD SHALL COMMENCE FROM THE TIME WHEN THE VEHICLE LEAVES THE OWNERS DEPOT OR PLACE WHERE LAST EMPLOYED AND SHALL CONTINUE UNITL THE HIRER “OFF HIRES” THE VEHICLE BY TELEPHONE & EMAIL. THE HIRER MUST INFORM THE OWNER NO LATER THAN 4 PM THAT THE VEHICLE IS OFF HIRED.
2) INSURANCE COVER
a) THE HIRER SHALL PROVIDE “FULL COMPREHENSIVE INSURANCE COVER” TO ANY VEHICLE SUPPLIED BY THE OWNER. IF IN THE EVENT THE VEHICLE IS STOLEN OR DAMAGED BEYOND REPAIR THE OWNER WILL RECEIVE FULL REPLACEMENT COSTS OF THE COMPLETE VEHICLE AND LOSS OF HIRE COMPENSATION UNTIL THE VEHICLE IS REPLACED.
3) EXTENT OF CONTRACT
a) NO CONDITIONS OTHER THAN SPECIFICALLY SET FORTH IN THE OFFER AND ACCEPTANCE AND HEREIN SHALL BE DEEMED TO BE INCORPORATED IN OR TO FORM PART OF THE CONTRACT.
4) ACCEPTANCE OF VEHICLE
a) ACCEPTANCE OF THE VEHICLE ON SITE IMPLIES ACCEPTANCE OF ALL TERMS AND CONDITIONS HEREIN.
5) DELIVERY IN GOOD ORDER AND MAINTENANCE
a) THE HIRER SHALL TAKE ALL REASONABLE STEPS TO KEEP ACQUAINTED WITH THE STATE AND CONDITION OF THE VEHICLE. IF THE VEHICLE CONTINUES TO WORK IN AN UNSAFE STATE, THE HIRER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR ACCIDENTS WHETHER DIRECTLY OR INDIRECTLY ARISING THERE FROM.
6) SERVICING AND INSPECTIONS
a) THE HIRER SHALL AT ALL TIMES ALLOW THE OWNER TO HAVE ACCESS TO THE VEHICLE TO INSPECT, TEST, ADJUST, REPAIR OR REPLACE.
7) BREAKDOWN AND REPAIR
a) THE OWNER MUST BE NOTIFIED IMMEDIATELY OF ANY BREAKDOWN OR UNSATISFACTORY OPERATION.
b) THE HIRER SHALL NOT REPAIR THE VEHICLE WITHOUT PERMISSION FROM THE OWNER.
c) THE HIRER SHALL BE RESPONSIBLE FOR ALL EXPENSES ARISING FROM ANY BREAKDOWN AND ALL LOSS OR DAMAGE INCURRED BY THE OWNER DUE TO THE HIRER’S NEGLIGENCE, MISDIRECTION OR MISUSE OF THE VEHICLE. FULL HIRE RATE SHALL BE CHARGED FOR THE PERIOD THE VEHICLE IS IDLE. THE OWNER SHALL BE RESPONSIBLE FOR THE COST OF THE REPAIRS TO THE VEHICLE INVOLVED IN BREAKDOWNS FROM ALL OTHER CAUSES AND WILL BEAR THE COST OF PROVIDING PARTS.
8) OTHER STOPPAGES.
a) NO CLAIMS WILL BE ADMITTED FOR STOPPAGES OUTSIDE THE OWNERS CONTROL, INCLUDING BAD WEATHER OR GROUND CONDITIONS, NOR SHALL THE OWNER BE RESPONSIBLE FOR THE COST OF RECOVERING THE VEHICLE FROM SOFT GROUND.
9) NOTICE OF ACCIDENTS
a) IF THE VEHICLE/PLANT IS INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO PERSONS OR DAMAGE TO PROPERTY, TELEPHONE AND CONFIRMATION IN WRITING MUST NOTIFY THE OWNER IMMEDIATELY.
10) BASIS OF CHARGING
a) THE VEHICLE SHALL BE HIRED OUT AT “PER DAY” OR “PER WEEK” FOR A DAY OF 8 HOURS OR A WEEK OF 40 HOURS OR SUCH PERIODS AS AGREED BETWEEN THE OWNER AND THE HIRER. STOPPAGES FOR PUNCTURES OR CHANGES OF TYRES IS NON-CREDITABLE. IF THE VEHICLE IS ON HIRE OVER A BANK HOLIDAY, THE WEEKLY HIRE CHARGE WILL CONTINUE AS NORMAL.
11) TERMINATION OF HIRE
a) THE HIRER MUST INFORM THE OWNER NO LATER THAN 4 PM THAT THE VEHICLE IS OFF HIRED. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL DAY’S HIRE BEING CHARGED.
b) WHEN THE VEHICLE IS COLLECTED THE OWNER WILL FULLY INSPECT THE VEHILCE AND COMPLETE AN OFF-HIRE CERTIFICATE. ANY DAMAGE WILL BE NOTED AND THEN SIGNED OFF BY BOTH THE HIRER AND A REPRESENTATIVE OF THE OWNER. ANY AGREED DAMAGE WILL BE CHARGED TO THE HIRER AND AN ORDER NUMBER WILL BE REQUIRED FOR THE RECHARGE INVOICE.
c) NOTICE OF TERMINATION OF CONTRACT WHERE THE PERIOD OF HIRE IS INDETERMINATE OR HAVING BEEN DEFINED BECOMES INDETERMINATE THE CONTRACT SHALLL BE DETERMINABLE BY SEVEN DAYS NOTICE IN WRITING GIVEN BY EITHER PARTY TO THE OTHER EXCEPT WHERE THE VEHICLE HAS BEEN LOST OR DAMAGED. NOTWITHSTANDING THAT THE OWNER MAY HAVE AGREED TO ACCEPT LESS THAN 7 DAYS NOTICE OF TERMINATION, THE HIRER’S OBLIGATIONS UNDER THE AGREEMENT SHALL CONTINUE UNTIL THE VEHICLE IS RETURNED TO THE OWNER OR THE OWNER HAS COLLECTED THE VEHICLE WITHIN SEVEN DAYS FOLLOWING THE ACCEPTANCE OF SHORT NOTICE. ORAL NOTICE GIVEN BY THE HIRER TO THE OWNER SHALL NOT BE DEEMED TO CONSTITUTE COMPLIANCE WITH THE PROVISIONS OF THIS CLAUSE.
d) IN ADDITION, EVENTS THAT ARISE THAT WILL BRING THIS AGREEMENT TO AN END INCLUDE;
- YOUR BUSINESS BEING PLACED IN LIQUIDATION OR INSOLVENCY
- A MEETING OF CREDITORS IS CALLED
- DEFAULT OF ANY PAYMENTS DUE UNDER THIS AGREEMENT
- IF YOU DO NOT MEET ANY OF THE CONDITIONS OF THIS AGREEMENT
IF WE END THIS AGREEMENT, IT WILL NOT AFFECT OUR RIGHT TO RECEIVE ANY MONEY YOU OWE US UNDER THE CONDITIONS OF THIS AGREEMENT
12) FUEL, OIL AND GREASE
a) DAILY CHECKS OF THE OIL LEVEL, WATER LEVEL, LIGHTS, TYRE DEPTHS, WHEEL NUTS AND DAILY GREASING MUST BE CARRIED OUT BY THE HIRER AND ANY OILS OR GREASES USED ARE AT THE HIRERS EXPENSE. THE OWNER DOES NOT ACCEPT RESPONSIBILITY FOR LOOSE WHEEL NUTS.
b) ALL HIRE VEHICLES WILL LEAVE OUR DEPOT WITH A FULL TANK OF FUEL. THIS IS INDICATED ON THE DELIVERY COLLECTION REPORT THAT NEEDS TO BE SIGNED BY THE HIRER. THE HIRER MUST ENSURE THAT THE VEHICLE IS FULL ON COLLECTION. FAILURE TO COMPLY WILL RESULT IN THE FUEL CHARGE BEING RECHARGED THE CUSTOMER.
13) ADBLUE
a) ANY VEHICLE THAT REQUIRES AD BLUE WILL HAVE A FULL TANK ON ARRIVAL TO THE HIRER. THIS IS INDICATED ON THE DELIVERY COLLECTION REPORT THAT NEEDS TO BE SIGNED BY THE HIRER.
b) IT IS THE RESPONSIBILTY OF THE HIRER TO ENSURE THAT THE RELEVANT LEVEL OF AD BLUE IS ADDED TO THE TANK WHILST THE VEHICLE IS ON HIRE.
c) DAILY CHECKS OF THE AD BLUE LEVEL MUST BE CARRIED OUT BY THE HIRER.
d) THE OWNER ACCEPTS NO RESPOSIBILTY FOR ANY FINES OR PENALTIES RESULTING IN THE FAILURE TO MAINTAIN THE REQUIRED LEVEL OF AD BLUE WITHIN THE VEHICLE WHILST ON HIRE.
e) THE HIRER MUST ENSURE THAT THE AD BLUE TANK IS FULL BEFORE THE VEHICLE IS RETURNED TO THE OWNER.
14) HIRERS NAME PLATES
a) THE HIRER WILL NOT REMOVE, DEFACE OR COVER UP THE OWNERS NAME OR APPLY ADHESIVE PLATES WITHOUT THE OWNER’S PERMISSION.
15) THE OWNERS RIGHTS
a) THE HIRER SHALL NOT RE-HIRE, SELL CHARGE OR OTHERWISE WITH THE VEHICLE.
b) IF THE HIRER MAKES DEFAULT IN PUNCTUAL PAYMENT OF INVOICES, THE OWNER HAS THE RIGHT TO REMOVE THE VEHICLE AND ANY COST INCURRED IN DEMANDING THE SETTLEMENT SHALL BE MET BY THE HIRER.
16) MISCELLANEOUS
a) IN THE EVENT OF THE VEHICLE CONTRAVENING ROAD TRAFFIC LAWS THE HIRER SHALL BE RESPONSIBLE FOR ALL CHARGES AND/OR FINES PLUS AN ADDITIONAL ADMINISTRATION FEE ARISING FROM THE INCIDENT.
b) THE HIRE VEHICLE MUST BE EMPTIED OF ALL REFUSE ON COLLECTION. IN THE EVENT OF REFUSE BEING LEFT IN THE VEHICLE FIVEWAYS HIRE WILL TIP AND RECHAGRE BACK THE COST TO THE HIRER.