General Hires Terms and Conditions

SUPPLEMENTARY CONDITIONS APPLICABLE TO TOOL AND EQUIPMENT HIRE 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, partly, to 
raise awareness of the Hirer’s responsibilities for the Safe Use of Tools and Equipment 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 to 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 
Hirer.
 

1. DEFINITIONS AND INTERPRETATIONS 1.1 These Supplementary Conditions are applicable to Tool and 
Equipment hire only and shall be referred to as 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. 1.4 “Tools and Equipment” covers all classes of tools and equipment which the Owner agrees 
to hire to the Hirer.
 

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); and the Provision and Use of Work Equipment Regulations 1998 (SI 1998 No. 2306) the 
Hirer has  overall responsibility for the management and use of Tools and Equipment. 2.2 If advice 
or information is sought from and given by any representative of the Owner, the Hirer understands 
and accepts that such advice or information is given in good faith and does not relieve or reduce 
the Hirer’s requirement to make their own independent assessment as outlined above.

3. MAXIMUM PERIOD OF HIRE FOR UNINCORPORATED BODIES In accordance with the Consumer Credit Act, if 
the Hirer is a partnership, sole trader or other unincorporated body, then the Contract of hire 
will not be more than three consecutive calendar months; and the Hirer shall return the Tools and 
Equipment
to the Owner on or before the last day of the aforementioned three calendar month period.

4. ELECTRICAL PLANT Any item of Tools and Equipment which is electrical must not be used unless it 
is correctly earthed, or unless it is of doubled insulated construction. Such electrical equipment 
must be connected by a qualified electrician to an adequate electrical supply of the correct 
voltage.

5. INSURANCE 5.1 The Hirer shall take out and maintain insurance against any and all liabilities 
the Hirer might incur under the Contract provided the same is commercially available. The Owner 
reserves the right at any reasonable time to require confirmation and evidence that the Hirer is 
complying with its
insurance obligations. 5.2 At the discretion of the Owner it may be possible to give the Hirer an 
interest in the Owner’s own insurance policy for a fee. This interest must be agreed in writing 
prior to the commencement of the work.

6. HOLIDAY PERIODS It is the responsibility of the Hirer to ensure the safekeeping of all Tools and 
Equipment hired which is not returned to the Owner before the start of any holiday period. The 
Tools © Copyright of the Construction Plant-hire Association 2021 and Equipment will be deemed to 
be in use during the holiday period and will be charged in accordance with the terms of the 
Contract. For the avoidance of doubt, the Tools and Equipment are deemed to be on-
hire during public/bank holidays.

7. PAYMENT 7.1 Where a deposit is required from the Hirer for the Tools and Equipment, then this 
must be paid to the Owner prior to the Tools and Equipment being either collected or delivered from 
the depot. 7.2 A Hirer who has an approved credit account shall pay the Owner’s hire charges no 
later
than 30 days after the date of each invoice. If a sum remains unpaid after the due date, the 
payment of all hire charges, no matter how recent, shall become due immediately. 7.3 The Hirer 
shall not be entitled to withhold payment of any amount payable to the Owner except those monies 
which are in dispute with the Hirer. In the case of any short delivery or delivery of damaged Tools 
and Equipment to the Hirer, the Hirer shall still be liable to pay for the balance of the Tools and 
Equipment that were correctly delivered in working order.

8. STOLEN OR DAMAGED TOOLS AND EQUIPMENT 8.1 If the Tools and Equipment are damaged and are 
economically repairable, the Hirer will be charged for the repairs. 8.2 If any item of the Tools 
and Equipment is two years old or less, then the Hirer will be charged by the Owner for a brand new 
item to replace the item that has been damaged beyond economic repair or which has been stolen. 8.3 
If any item of the Tools and Equipment is over two years old, then
the Hirer will be charged by the Owner if the item has been stolen or damaged beyond economic 
repair, at the current replacement value.

9. TERMINATION OF HIRE 9.1 If the Hirer gives notice of termination of the hire to the Owner, the 
full hire charges shall be paid to the Owner up to the date that the Tools and Equipment were 
returned by the Hirer to the Owner’s depot or when the Owner has collected the Tools and Equipment. 
9.2 The Hirer shall
be entitled to “off-hire” the Tools and Equipment in accordance with the following sub-clauses: 
9.2.1 The Hirer must notify the Owner in writing when the Tools and Equipment are to be off-hired. 
9.2.2 Each item of Tools and Equipment to be off-hired must be identified clearly to enable the 
Owner to provide a unique off-hire number to the Hirer. 9.2.3 The Owner shall not charge the Hirer 
any hire charges for any period for which an off-hire number has been obtained, but the Hirer shall 
still be responsible for such hire charges for those items if the Hirer is unable to provide the 
off-hire number to the Owner for that item of Tools and Equipment.

10. OPERATING INSTRUCTIONS The Owner will ensure that the Hirer receives written operating 
instructions, as necessary, for the type of Tools and Equipment being supplied. Such instructions 
are a means of passing on operating and safety information regarding the Tools and Equipment.
11. AVAILIABILITY Tools and Equipment are offered subject to availability at the time of order