Terms & Conditions for the Hire of Plant, Tools & Equipment
Wildes Plant Hire Ltd
Registered Office: Station Yard, Station Road Dorrington, Shrewsbury, Shropshire, SY5 7LH
Company Reg: 01842765, registered in England and Wales | VAT: 433 998 606
Tel: 01743 718 777 | Email: enquiries@wildes.co.uk
1. Definitions
'Company' means Wildes Plant Hire Ltd.
'Hirer' means the party hiring the Equipment.
'Equipment' means plant, machinery, tools, attachments, accessories, safety items and any data or documents supplied for operation or maintenance.
'Contract' means the agreement formed upon the Company's acceptance of the Hirer's order incorporating these Terms.
'Hire Period' means from dispatch/collection until the Equipment is returned and accepted after inspection.
'Working Day' means Monday–Friday (excluding public holidays), 08:00–17:00.
'Loss' includes loss, damage, theft, destruction and total loss (beyond economic repair).
2. Basis of Contract
These Terms apply to the exclusion of any Hirer terms.
Acceptance of the Equipment or signature on delivery/collection paperwork constitutes acceptance of these Terms.
Marketing or pre‑contract statements are non‑contractual unless confirmed in writing by the Company.
No third party may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999, save for lawful assignees of the Company.
3. Orders & Hire Period
The Hirer is responsible for accurate order information.
Hire commences on dispatch/collection and continues, including any period awaiting collection, until return and acceptance after inspection.
Where the hire is indeterminate, termination is per clause 21.
4. Delivery, Access, Loading & Unloading
Unless otherwise agreed, delivery/collection is chargeable in addition to hire.
The Hirer shall provide safe, unobstructed access, suitable hard standing and lifting facilities.
Where Company personnel assist with loading/unloading, they are deemed under the Hirer's control for that activity.
Risk passes on delivery/collection and remains with the Hirer until the Company collects and signs off the Equipment after inspection.
5. Condition on Delivery & Inspection (24‑hour reporting)
Equipment is supplied fit for hire and in good working order.
Any defect or shortcoming must be notified within 24 hours of delivery/collection; otherwise, the Equipment is deemed accepted in good order.
Applicable inspection reports/certificates are available on request and must be returned off‑hire.
6. Site & Ground Conditions
The Hirer warrants that the site and access routes are suitable for travel, positioning, erection, operation and dismantling.
The Hirer is responsible for locating/protecting underground and overhead services and for any damage to services, structures or adjacent property.
7. Operation, Competence & Safety
Operate safely, within rated capacities, and in accordance with manufacturer and Company instructions and all applicable laws and regulations.
Only trained, competent and authorised persons may operate the Equipment; the Hirer is responsible for ensuring appropriate training, inductions, risk assessments and method statements are in place.
Where the Company provides an operator, such operator shall work under the Hirer's supervision and control in respect of site operations.
First Aid Provision
The Hirer shall be solely responsible for ensuring that adequate and appropriate first aid arrangements are provided and maintained at the site or workplace where the Equipment is used. This includes, but is not limited to, the provision of suitably stocked and maintained first aid kits, access to trained first aid personnel where required, and compliance with the Health and Safety (First-Aid) Regulations 1981 and all other applicable legislation.
Wildes Plant Hire Ltd accepts no responsibility for the provision, adequacy, or use of first aid equipment or arrangements once the Equipment has been delivered to or is under the control of the Hirer.
8. Servicing, Maintenance & Inspection During Hire
The Company undertakes routine maintenance and repairs arising from fair wear or inherent defect; the Hirer shall provide reasonable access during Working Days.
The Hirer must perform daily checks (fuel, oil, lubricants, coolants, tyres/tracks), keep the Equipment clean/secure, and not alter/repair without written consent (save for puncture/tyre repairs).
Any repair call-outs required as a result of damage to hired equipment, excluding fair wear and tear, will be charged to the customer. Charges may include call-out, labour, parts, and transport costs where applicable.
9. Fuel, Consumables & Red‑Diesel Compliance
Fuel, oils and lubricants supplied by the Company are chargeable, if supplied by the Hirer they must meet specifications.
Wear parts and consumables are chargeable if lost or worn beyond fair wear.
The Hirer must comply with HMRC restrictions on rebated/red diesel; where red diesel is detected or suspected, the Company may charge drain/flush costs and refill white diesel to full tank capacity, plus any related liabilities.
10. Breakdowns & Stoppages
The Hirer must immediately notify any breakdown or defect; any allowance against hire applies only from the time the Company acknowledges the notification.
No allowance is made for stoppages outside the Company's control (e.g., weather or ground conditions).
11. Loss, Theft & Damage; Lost Rental
From risk transfer until return and acceptance, the Hirer is responsible for all Loss (fair wear excepted).
Where Equipment is lost, stolen or damaged beyond economic repair, the Hirer shall pay the replacement cost (or new‑for‑old if under 12 months from first registration) and liquidated damages equal to two‑thirds of the Rental during the Lost Rental Period (from notification until replacement payment).
Hire charges continue at idle‑time rates until settlement is agreed and paid. The Company may charge reasonable costs to recover Equipment from soft/unsuitable ground or hazardous environments.
12. Insurance (all‑risks; Company as loss payee)
Throughout the Hire Period the Hirer shall maintain: (a) all‑risks cover at full replacement value; (b) adequate public/third‑party liability; and (c) any additional covers required by law or notified by the Company.
Policies should, where practicable, note the Company as loss payee; deductibles are for the Hirer's account; evidence of insurance must be provided on request.
If the Hirer fails to insure, the Company may arrange cover and recharge cost plus administration.
13. Charges, Invoices & Payment (no set‑off; late‑payment interest)
Hire charges accrue from dispatch to return and acceptance after inspection. Off‑hire applies only once the Company issues an off‑hire reference and the Equipment is made available clean and serviceable for collection.
Prices are exclusive of VAT and taxes unless stated otherwise.
Payment terms are as stated on the invoice; the Company may charge statutory interest and recovery costs on late payment; no set‑off or withholding.
14. Deposits & Security
The Company may require a deposit or advance payment as security against Loss, damage, cleaning, fuel and unpaid charges; refundable after inspection and settlement of all sums due.
15. Re‑Hire, Relocation & Title
Title to the Equipment always remains with the Company.
The Hirer shall not sell, charge, lend or re‑hire the Equipment nor move it from the delivery site without the Company's written consent.
16. Return, Cleaning & Decontamination
On termination/expiry, the Hirer shall make the Equipment immediately available for collection cleaned and decontaminated (including emptying removable tanks/bunds of fuel/contaminants). Charges apply for cleaning, decontamination, safe disposal, missing items and refueling.
17. Accidents & Notifications
Any accident-causing injury, property damage, environmental incident, seizure or confiscation must be reported immediately and confirmed in writing within 24 hours, no admission of liability or compromise without the Company's written consent.
18. Liability & Indemnity (business cap)
The Company is not liable for consequential or indirect losses including loss of profit, contracts or business interruption.
The Company's total liability for business hires shall not exceed five (5) times the Rental for the affected hire or £1,000, whichever is higher (subject to non‑excludable liabilities).
Nothing limits liability for death/personal injury caused by negligence, fraud, or other liabilities that cannot legally be excluded.
The Hirer shall indemnify the Company against third‑party claims arising from possession, transport, use, loading/unloading or operation of the Equipment, except to the extent caused by the Company.
19. Idle Time (weekly)
If the Equipment is prevented from working for a complete Working Week, the hire charges shall be two‑thirds of the hire rate (or other agreed idle‑time rate) for the period the Equipment is not in use (day‑level rules apply).
Where an 'All‑In' rate is charged, idle‑time applies to the machine element only.
20. Force Majeure
Neither party is liable for failure or delay due to events beyond reasonable control; time for performance extends by the delay period.
21. Suspension & Termination
Either party may terminate an indeterminate hire on 7 days' written notice. The Company may suspend/terminate immediately for non‑payment, material breach, insolvency, or where continued use presents health, safety or environmental risk; all outstanding sums become immediately due.
If the hirer wishes to suspend hire, he must notify the Company in writing. Credit for suspension only with agreement with the Company. Upon termination the Hirer must make the Equipment immediately available and grant access for recovery.
Should the Hirer fail to make the Plant available for collection by the Owner before the end of the 7 working days' notice, The Hirers obligations under clause 11 shall continue for a further 3 working days or until such time as the Plant is made available for collection and the Owner has collected the Plant.
22. Consumer Distance‑Selling (if applicable)
Where the Hirer is a Consumer and the Contract is concluded by distance means, a 14‑day cancellation right may apply subject to statutory exceptions (e.g., bespoke items).
Returns are at the Consumer's cost unless agreed otherwise; refunds may be reduced for handling beyond that permitted in a shop.
This clause does not apply to business hires.
23. Government Regulations & Compliance
The Hirer must comply with applicable laws and official guidance (including Health & Safety, Road Traffic, Environmental and HMRC fuel duty rules).
The Company may recover any fines/charges incurred due to the Hirer's operation of the Equipment.
24. Data Protection
The Company may process personal data for account management, credit control, deliveries/collections, telematics and security in accordance with its privacy notice (available on request).
25. Notices
Notices must be in writing and delivered by hand, first‑class post or email to the last notified addresses.
Deemed receipt: on delivery; two Working Days after posting; or on email transmission during Working Hours.
26. Dispute Resolution & Jurisdiction
Either party may refer to a dispute to adjudication under the Scheme for Construction Contracts (England & Wales) 1998 (as amended).
English law governs these Terms, and the courts of England & Wales have exclusive jurisdiction (without prejudice to adjudication rights).
