TERMS & CONDITIONS

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

General Sales Terms and Conditions

1. All deliveries, services and quotations, including all incidental services, shall be governed

exclusively by these terms of business. These shall apply to any future business relations as well,

even if this is not explicitly agreed. These terms shall be deemed to have been accepted no later

than the receipt of the goods delivered or service rendered. Any counter confirmation by the

Customer with reference to its terms of business or terms of purchase is hereby refuted.

2. Any agreements, subsidiary agreements, amendments, additions and assurances made prior to and

upon acceptance of the order shall be effective only if recorded in writing.

3. Any drawings, illustrations, dimensions, weights or other specifications shall be binding only if this is explicitly

agreed in writing. We reserve the right to make minor alterations in design and execution. II.

Prices and terms of payment 1. The prices in our price lists are without engagement and are

quoted ex works plus freight. Value-added tax at the prevailing rate shall be invoiced separately,

unless the price lists explicitly quote gross prices. 2. For cash deductions, please refer to the

individual invoices. 3. Employees of the firm are not entitled to accept payments. Payments

exempting the Customer from its liabilities can be remitted only to the managing director of the firm or transferred to an account specified by the firm.

4. In the event of default, we are entitled to charge interest at a rate which is 4% higher than the prevailing discount rate of the Deutsche Bundesbank, without having to provide any further evidence. We reserve the right to enforce

claims for damages going beyond this.

5. Cheques and bills shall be accepted by way of payment only. Credits for bills and cheques shall be subject to their receipt, minus expenses, their value date being that date upon which we are able to dispose of the sum in question. III. Delivery and performance times 1. Any delivery or performance deadlines or periods, whether binding or

without engagement, must be specified in writing. 2. Delivery and performance periods shall

commence on the date of our order confirmation, but not before all the details of the order have been completely clarified. 3. If a binding delivery or performance deadline has been exceeded by four weeks, the Customer can submit to the Contractor a written demand for delivery or performance within an appropriate grace period. 4. The Contractor shall not be answerable for delays in delivery and performance owing to acts of God and events which severely impair or

preclude the Contractor‘s ability to deliver or perform – in particular strikes, lockouts, official directives etc., including any such events which occur at the Contractor‘s suppliers or their subcontractors -, even if the deadline or period agreed was binding. Such events shall entitle the Contractor to postpone delivery or performance for the duration of the obstacle plus an appropriate run-in time or to rescind that part of the contract which has not been performed either in part or in its entirety. 5. If the obstacle lasts for longer than three months, the Customer, after imposing an appropriate grace period, shall be entitled to rescind that part of the contract which has not been performed. If the delivery period is extended or the Contractor is released from its obligation to perform, the Buyer cannot derive any claims for damages from this. The

Contractor can plead such circumstances only if it notifies the Customer of this without delay.

6. If the Contractor is in default, the Customer can rescind contract, but only if it has first imposed a

grace period of six weeks, commencing upon the receipt by the Contractor of the notice to that

end.

7. To the extent the Contractor is answerable for its non-adherence to binding periods and

deadlines or is in default, the Customer is entitled to compensation in the amount of ½% for every

full week of the delay but for no more than a total of 5% of the invoice value of the deliveries and

services on which the Contractor has defaulted. There shall be no claims going beyond this, unless

the default is attributable at least to gross negligence on the part of the Contractor. 8. The

Contractor is entitled to effect partial deliveries or render services in part at any time. IV. Transfer

of risks All risks shall transfer to the Customer as soon as the shipment has been handed over to

the forwarder or has left the Contractor ‘s warehouse in preparation for dispatch. If dispatch

proves impossible for reasons for which the Contractor is not responsible, all risks shall transfer to

the Customer as soon as the Customer has been notified that the shipment is ready for dispatch.

V. Right of rescission 1. In the event of a deterioration in the Customer‘s financial circumstances

subsequent to the signing of contract, such as an application for the initiation of bankruptcy

proceedings or court composition proceedings or the request for and implementation of an out-of court

settlement, fruitless execution or the protesting of cheques or bills or other events of this

nature affecting the Customer, we are entitled to rescind all those parts of the contract which

have not yet been performed. 2. In the aforementioned cases, we are entitled to take back any

goods which, under the reservation of title agreed in VI, are still our property, pending the

settlement in full of all outstanding claims. VI. Reservation of title 1. The Vendor/Contractor

reserves its title to the objects delivered (reserved goods) pending the settlement of all claims

(including all claims ensuing from the current-account balance) accruing to the Vendor/Contractor

on the Buyer/Customer now or in the future, irrespective of the legal basis for the said claims.

General Terms of Sale, Delivery and Payment 2. The goods can be processed or modified for the

Vendor/Contractor as the manufacturer of the goods, but without obligation for it. If the Vendor‘s

(co-) ownership of the goods is extinguished by their combination, it is hereby agreed that the

Vendor/Contractor‘s (co-)ownership of the combined product shall be made over to the

Vendor/Contractor as a proportion of the invoice value of the said product. The Buyer/Customer shall preserve the Vendor/Contractor ‘s (joint) property at no cost to the latter. 3. The Buyer/Customer is entitled to process and sell the reserved goods in the course of its ordinary business activities as long as it is not in default. The mortgaging of the goods or transfer of title as collateral are inadmissible. The Buyer/Customer hereby assigns in full to the Vendor/Contractor all claims (including all claims ensuing from a current-account balance) accrued from the resale of

the reserved goods or on any other legal basis (insurance, unlawful acts). The Buyer/Customer is

empowered, subject to revocation, to collect in its own name the claims assigned to the Vendor/

Contractor for its account. These powers of collection can be revoked only if the Buyer/Customer

fails to honour its payment obligations. 4. The Buyer/Customer is entitled to assign the claims -

including the sale of the said claims to factoring banks - only with the written consent of the

Vendor/Contractor. ln the event of default and if so requested with just cause, the Buyer/Customer

shall provide the Vendor/Contractor with the names of the third parties or assignees in question as

well as providing the information required for collection and the necessary documents. 5. If the

reserved goods are seized by third parties, the Buyer/Customer shall plead the

Vendor/Contractor‘s title to the same and notify the Vendor/ Contractor forthwith. 6. In the event

of a breach of contract by the Buyer/Customer - especially default on payment - the

Vendor/Contractor is entitled to take back the reserved goods or, if necessary, to demand their

assignment by or enforce the claims for restoration of the Buyer/Customer on third parties. The

taking back or pledging of the reserved goods by the Vendor/Contractor shall not - to the extent

that the hire purchase act is not brought to bear - constitute a rescission of contract. 7. To the

extent that the value of the collateral provided consistently exceeds the claims secured by more

than 10%, the Vendor/Contractor shall release the collateral of its choice if so requested by the

Buyer/Customer. VI. Warranty 1. Any obvious faults shall be reported in writing without delay but

no later than within one week of the receipt of the goods. 2. The warranty shall be confined to

correction work. The Vendor/Contractor can elect to effect a replacement delivery instead of

performing the said correction work. 3. If neither correction work nor a replacement delivery is

possible or if these fail or are refused, the right to a reduction of the purchase price or a rescission

of contract can be enforced. 4. There shall be no claims going beyond these. The right to

damages for the absence of promised features, however, shall remain unaffected. VII. Limitation

of liability There shall be no claims to damages for impossibility of performance culpa in

contrahendo, the violation of subsidiary contractual obligations and unlawful acts either on the

Vendor/Contractor or on its vicarious agents, unless these are attributable to intent or gross

negligence. Claims of this nature shall lapse after ½ year. VIII. Works contracts 1. Works contracts

for non-representative goods (customized goods) 2. If the contract is terminated for reasons for

which the Contractor is answerable the Contractor shall be entitled to remuneration only for the

performance rendered prior to the date of termination. 3. In all other cases, the Contractor

reserves its claim to the agreed remuneration, but subject to the deduction of the expenses

saved. Unless the Customer provides evidence to the contrary, the Contractor is entitled to claim

20% of the agreed remuneration or the compensation of the losses actually incurred without

having to provide evidence of the same. IX. Counterclaims, right of retention 1. Counterclaims

cannot be set off unless the counterclaim in question is undisputed or legally enforceable. 2.

There shall be no right of retention based on other contractual relations. X. Applicable law,

jurisdiction and fi nal provisions 1. These terms of business and all the legal relations between the

Vendor/ Contractor and Buyer/Customer shall be governed by the laws of the Federal Republic of

Germany. The terms of the Hague Convention on the International Sale of Goods shall not apply.

2. To the extent that the Buyer/Customer is a merchant, judicial person under public law or a

bearer of public funds, any disputes ensuing directly or indirectly from this contract shall be

settled in Neumarkt i.d.OPf. only. If any of the above terms or parts thereof are or become null

and void or cease to be an integral part of this contract, the remaining terms shall not be affected.

The invalid terms shall be replaced by such terms as best approximate the intended purpose in a

legally acceptable manner.

Good 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.
2.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 © Copyright of the Construction Plant hire Association 2021 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 © Copyright of the Construction Plant-hire Association 2021 otherwise agreed by the Owner, of the dates upon which the Owner will erect, or modify, or dismantle the hoist.

6.2m 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 © Copyright of the Construction Plant-hire Association 2021 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. ©Copyright of the Construction Plant-hire Association 2021
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