Runways and Hoist Terms and Conditions

SUPPLEMENTARY CONDITIONS APPLICABLE
TO HOISTS 2021
TO BE READ IN CONJUNCTION WITH THE CPA MODEL CONDITIONS FOR THE
HIRING OF PLANT (2021)
EXPLANATORY NOTE: The purpose of these Supplementary Conditions is, both partly,
to raise awareness of the Hirer’s responsibilities for the Safe Use of Hoists and partly to
define contractually the extent of the Owner’s and Hirer’s responsibilities as between
themselves.
For the avoidance of doubt, when the hire is subject to the CPA’s Model Conditions for
the Hiring of Plant 2021 (“CPA Model Conditions”), the Owner is not a specialist subcontractor
and/or sub-contractor of the Hirer. The Owner will supply Plant pursuant to
the CPA Model Conditions together with these Supplementary Conditions to form the
Contract between the Owner and the Hirer.
1. DEFINITIONS AND INTERPRETATIONS
1.1 These Supplementary Conditions are applicable to Hoists and Transport Platforms
only and shall be referred to as “hoists” in the “Supplementary Conditions”.
1.2 Unless the context suggests otherwise words and terms in the Supplementary
Conditions shall have the same meaning as in the CPA Model Conditions.
1.3 If any conflict shall appear between any provisions of the Supplementary Conditions
and the provisions of the CPA Model Conditions then the former shall prevail.
RESPONSIBILITIES OF THE HIRER
2. MANAGEMENT
2.1 In order to comply with the requirements of legislation, which includes the
Management of Health and Safety at Work Regulations 1999 (SI 1999 No. 3242);
the Provision and Use of Work Equipment Regulations 1998 (SI 1998 No. 2306)
and the Lifting Operations and Lifting Equipment Regulations 1998 (SI 1998 No.
2307), furthermore, to follow the guidelines established under the ‘Inspection,
Thorough Examination and Maintenance’ Best Practice Guide, the Hirer has
overall responsibility for the management and use of the hoist(s). The Hirer will
be responsible for provision of emergency rescue of personnel from the hoist in
accordance with industry Good Practice.
2.2 If advice or information is sought from and given by any person supplied by the
Owner, the Hirer understands and accepts that such advice or information is given
without responsibility and does not relieve or reduce the Hirer’s requirement to
make their own independent assessment as outlined above.
2.3 The Hirer is responsible for providing at their own cost a competent hoist operative
who may be responsible for the daily/weekly checks to the hoist and also for
providing an appointed person to arrange to remedy any defects and to retain
records and to comply with all Health and Safety and other applicable legislation
and regulations at all times.
2.4 The Hirer is responsible for using the Plant in the manner prescribed in the hoist
manufacturer’s manual.
2.5 The hoist(s) shall not be modified or have additional equipment fitted to it without
the express written permission of the Owner.
2.6 The Hirer must inform the Owner in writing if the hoist is going to be used in
any way other than in accordance with the scope of the Reported Thorough
Examination and other than in accordance with the manufacturer’s operating
instructions.
2.7 The Hirer must inform the Owner in writing if the Hirer is carrying out any third-party
inspections or operator training, copies will be given to the Owner as well.
3. EXCLUSION ZONES
3.1 The Hirer should receive written confirmation of the exclusion zone from the Owner,
within a reasonable period prior to the hoist being erected, serviced, examined,
adjusted, modified or dismantled. For the avoidance of doubt, the exclusion zone
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may extend beyond the boundary of the site and include any relevant airspace.
Such exclusion zone remains the responsibility of the Hirer.
3.2 The Hirer will create and maintain an exclusion zone (including any relevant
airspace) at no cost to the Owner, whilst the hoist is either being erected, serviced,
examined, adjusted, modified or dismantled. During this time, the Hirer will be
solely responsible for preventing any unauthorised personnel from entering the
exclusion zone. Should the Hirer fail to comply with this requirement, the Hirer will
be solely liable for any loss or damage or injury to persons or property and to costs
sustained by the Owner as a result of suspension of works arising from the failure
to maintain the area.
4. POWER SUPPLY
4.1 If an electric hoist is required, the Hirer will be responsible for the cost in providing
the correct power supply for the type of hoist being hired to the base of the hoist
or close by, prior to the arrival of the hoist. The power supply will remain available
until the hoist has been completely dismantled.
4.2 At the Hirer’s cost, the Hirer will arrange the power supply will terminate in a
suitably sized electrical isolator switch (EIS) that is capable of being padlocked in
the off position and will be in close proximity to the base of the hoist to prevent
unauthorised or inadvertent use when the hoist is out of service. This power supply
will remain available until the hoist has been completely dismantled.
4.3 The Hirer will be responsible for connecting the power supply to the hoist and
testing it. When the hoist is not in use, the Hirer will ensure that the power supply is
properly isolated, except when an ancillary power supply is needed for the hoist at
all other times. The Hirer will be responsible for disconnecting the power supply at
the end of the Hire Period once the hoist has been completely dismantled.
5. GROUND AND SITE CONDITIONS, BASES AND TIES
Without prejudice to Clause 7 of the CPA Model Conditions:
5.1 The Hirer shall be fully liable to the Owner for any damage to the hoist or any Plant
required for the erection, servicing, adjusting, modifying and dismantling of
the hoist or any associated equipment for the hoist caused by ground and site
conditions and shall indemnify the Owner and hold the Owner harmless against any
liability, expense, loss or damage caused by ground and/or site conditions.
5.2 The Owner will provide sufficient written technical information that will allow the
Hirer to prepare a suitable base/foundation which may include embedment frames/
sockets, and where applicable, the mast-ties fixing points back to the structure,
that can withstand all of the forces the hoist exerts in all configurations and
circumstances.
5.3 The Hirer will confirm in writing that the base/foundation is compliant with the
written technical information by the Owner, and with all current legislation,
Approved Code of Practice (ACOP) and industry good practice, including but not
limited to BS 5975. The Hirer will indemnify the Owner should the Hirer not comply
with this requirement and will also be liable for all hire charges and/or costs that
would apply if this non-compliance had not arisen.
5.4 The Hirer will ensure that any structure (temporary or permanent works) to
which the hoist will be mounted or attached can withstand all of the forces applied
from the operation and testing of the hoist in the hired/agreed configurations and
in all circumstances. The Hirer will be responsible for any damage caused to the
structure as a result of any use of the hoist.
5.5 The Hirer shall ensure that the base of the hoist is kept free of surface water, which
may require the installation of surface water drains or pumped systems. Where
any part of the hoist is below the ground’s surface, the Hirer at their own cost will
install and maintain a pump system to keep the area free of water. The Hirer will be
liable for any damage as per clause 13 of the Model Conditions if the Hirer fails to
comply.
6. ERECTION, MODIFICATION AND DISMANTLING
6.1 The Hirer must give a minimum of four week’s (28 calendar days’) notice, unless
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otherwise agreed by the Owner, of the dates upon which the Owner will erect, or
modify, or dismantle the hoist.
6.2 Insofar as the Hirer’s use of the hoist will require any licence, permission or
authorisation which may include but not limited to ‘oversailing’, from any private or
public body or government or Local Authority or the giving of notice for any such
licence, permission or authorisation, the giving of any such notice shall be the entire
responsibility of the Hirer, who must ensure that sufficient notice is given to the
Owner to guarantee compliance with the relevant regulations. This responsibility
extends to ensure that the site is kept clear of all obstructions and that if required,
traffic management arrangements are set up and operated correctly. Where the
Owner is required to obtain a licence, permission or authorisation to supply traffic
management on the Hirer’s behalf the Hirer shall indemnify the Owner against any
costs and/or expenses incurred by the Owner in doing so.
6.3 If the hoist is to be secured to a structure, then the Hirer must obtain permission
to attach to the structure prior to the hoist arriving on site, so as to secure the hoist
into position. Any damage caused to the structure will be the responsibility of the
Hirer.
6.4 The Hirer will ensure that the structure to which the hoist will be attached can
withstand the forces imparted from the operation and testing of the hoist. The Hirer
will be responsible for any damage caused to the structure as a result of any use of
the hoist.
6.5 The Hirer will clear all debris and site rubbish from the hoist platform and equipment
prior to any modification or dismantling of the hoist, as per the Owner’s Risk
Assessment/Method Statement. Any reasonable cost incurred by the Owner due
to the default of the Hirer in failing to clear all debris and site rubbish will be
chargeable to the Hirer.
6.6 The Hirer will provide without charge to the Owner, a suitable working area which
will be subject to clause 3 (Exclusion Zones), where the hoist can be erected,
tested, commissioned, modified, adjusted, moved, and includes during re-testing,
in-service inspections or Thorough Examination(s), for the duration of the Contract.
6.7 The Owner will charge the Hirer for any time spent erecting, dismantling, modifying,
adjusting, or moving the hoist including re-testing at the rate specified in the
Contract or if no rate is specified, at a fair and reasonable rate. The Hirer shall also
allow the Owner, or any representative of the Owner, free and unrestricted access
to the hoist and any associated Plant and to all areas of their operation. The Owner
reserves the right to recover the costs of inspecting and maintaining the hoist if
access can not be provided on weekdays during normal working hours as defined
in clause 1(h) of the CPA Model Conditions.
6.8 The hire charge will begin from the date of delivery unless otherwise agreed in
writing by the Owner prior to delivery; and will continue daily until the hoist has
been completely dismantled and removed from site.
6.9 The Hirer will not attempt to adjust or modify the hoist or the attachments thereto
without the express written permission of the Owner. If there is a need for the
Owner’s representative to ensure safe adjustment, modification or movement of
the hoist, any reasonable costs incurred by the Owner will be charged to the Hirer.
6.10 Any additional duties which the Hirer requires the Owner to perform which may
include, but not be limited to the drafting of Lift Plans, Temporary Works Drawings,
calculations, site visits, may be charged to the Hirer.
6.11 Any costs incurred by the Owner as a result of delays or cancellation by any cause
beyond the Owner’s reasonable control including but not limited to adverse
weather, aborted road closures, ground conditions, route to/from as well as
access/egress in the planned area of operations, or industrial action on site during
the erection, modification, or dismantling of the hoist and associated equipment
will be charged in full to the Hirer. Where applicable, clause 23(b) of the CPA Model
Conditions will also take effect.
6.12 Subject to Clause 25 of the CPA Model Conditions, the Hirer shall be liable to
the Owner for the agreed fees and charges regardless of any change in the Hirer’s
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circumstances or the circumstances affecting the use to which the Hirer intends or
intended to put the hoist to and any decision to accept a cancellation or variation of
the Contract in any respect shall be at the Owner’s full and entire discretion.
7. LIGHTNING PROTECTION
It is the responsibility of the Hirer to ensure that the hoist is provided with an
adequate conducting path to earth, in accordance with BS EN 62305 and any
subsequent amendments. The Hirer is responsible for carrying out the ‘continuity
test’. The Hirer will be liable for any damage as per clause 13 of the Model
Conditions.
8. SUPPLY OF ALTERNATIVE HOIST
In the event that the Contract specifies a particular type of hoist, the Owner
reserves the right to supply a suitable alternative hoist to that specified subject to
prior written acceptance by the Hirer, and the Owner shall have no liability to the
Hirer for any additional costs in respect of that variation.
9. PROVISION OF HOIST ACCESSORIES
If requested and specified by the Hirer in advance, the hoist will be provided with
specific certified accessories, subject to availability and at additional cost. The
Owner accepts no responsibility for any costs, losses or expenses incurred or delay
caused should the accessories prove unsuitable.
10. SCAFFOLDING
10.1 If the hoist is to be tied to scaffold (which must be constructed in compliance with
BS EN 12811-1:2003 and with a suitable design criteria to accommodate load
factors as applied by this hoist) the Hirer is to supply all tubes and fittings required
for the installation of landing gates, tie assemblies, and the base surround, unless
otherwise expressly stated by the Owner.
10.2 The Hirer will supply a competent scaffolder, free of any charge to the Owner,
to assist with the installation of mast tie assemblies, landing gates and any
interfacing together with any associated Health and Safety equipment used near or
on the hoist.
10.3 If special ties are required by the Hirer (over and above the standard ties provided)
these will be charged for by the Owner.
10.4 Whilst the scaffolding is being progressively dismantled, the scaffolding must not
be removed below any hoist tie. The Hirer will be held liable for all costs incurred by
the Owner if this requirement is breached.
11. MINIMUM HIRE PERIOD
The Hirer will hire the hoist for the minimum period as stated on the Contract. The
Owner reserves the right (at its absolute discretion) to charge the Hirer up to the
balance of the Contract, should the hire be terminated earlier than contractually
agreed. Any changes levied will be subject to the duty to mitigate.
12. EXTENDING THE HIRE PERIOD
12.1 The Owner shall consider any written request from the Hirer to extend the Hire
Period in the Contract. Should the Owner decline the Hirer’s request, then the
Owner shall not be liable for any of the Hirer’s losses as stipulated in clause 12(b) of
the Model Conditions.
12.2 Any extension of the Hire Period beyond the Minimum Hire Period or previously
agreed Hire Period is subject to renegotiation of the Offer between the Owner and
Hirer, unless otherwise explicitly agreed in writing by the Owner.
12.3 The Hirer is responsible for ensuring that any and all permits, which may include
but are not limited to those within clause 6.2, are renewed for the extended Hire
Period, and at the Hirer’s cost.
13. HOLIDAY PERIODS
It is the responsibility of the Hirer to ensure the safekeeping of all Plant hired
which is not returned to the Owner before the start of any Holiday Period. This
Plant will be deemed to be in use during the Holiday Period and will be charged in
accordance with the terms of the Contract.
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14. INSURANCE
The Hirer shall have adequate insurance to comply with its liabilities under
the Contract. The Owner reserves the right at any reasonable time to require
confirmation and evidence that the Hirer is complying with its insurance obligations.
RESPONSIBILITIES OF THE OWNER
15. LIMITATIONS OF LIABILITY
Without prejudice to the terms of Clause 12 of the CPA Model Conditions, the
Owner shall have no liability to the Hirer in respect of any damage, including but not
limited, to:
15.1 any goods or other items being moved by the hoist,
15.2 any surface or subsurface features such as underground services,
15.3 any above ground structures, including any overhead cables, overhanging, or
protruding things, which might result from the travelling, positioning or working of
the hoist or any associated equipment,
15.4 any delays in erecting, testing, commissioning, modifying, adjusting, repositioning,
or dismantling the hoist due to adverse weather conditions, including during retesting,
in-service inspections and Thorough Examinations nor the effect this has on
their or their client(s) work schedules.
16. OPERATING INSTRUCTIONS
The Owner will ensure that the Hirer receives operating instructions for the type of
hoist being supplied.