|The Modular and Portable Building Association Ltd
Model Conditions of Hire (Revised June 2004)
Model Conditions for the hiring of modular and portable buildings
and ancillary equipment are approved and published by the
Modular and Portable Building Association Ltd.
1.0 Definition of Terms
1.1 “The Owner” is the Company, firm or person(s)
letting the equipment on hire and includes its or their successors.
1.2 “The Hirer” is the company, firm or person(s)
corporation or authority specified in the Hire Contract and
includes its or their successors or personal representative.
1.3 “Equipment” covers all the classes of prefabricated
and portable buildings, erectable structures, accessories
and ancillary equipment, which The Owner agreed to hire to
1.4 “Hire Contract” means the document or documents
that contain these conditions and the other terms and details
forming the hire agreement between The Hirer and The Owner.
2.0 Availability of Units
2.1 All Equipment is offered subject to availability at the
date of receipt of the Hirers official order or written instruction.
3.0 Extent of Contract
3.1 No conditions or warranties other than herein specifically
set forth shall be implied, unless specifically stated.
4.0 Contents, Licences and Permissions
4.1 The Hirer shall obtain all permissions, consents and
licences required for the Equipment under any statute, regulations
or bylaw and in due time comply with any conditions imposed
in respect thereof.
5.0 Delivery in Good Order Suitability.
5.1 The Equipment shall be deemed to be in good order and
condition in accordance with the terms and contract and to
the Hirer’s satisfaction unless notification is received
by the Owner within three days of practical completion of
the Equipment being delivered to site.
5.2 No warranty is given that the Equipment is suitable for
the purpose required by the Hirer.
6.0 Access Route
6.1 The Hirer will provide a safe and suitable access route
for all support vehicles and personnel during delivery and
collection. It is the responsibility of the Hirer to ensure
the ground conditions are safe and adequate for all support
vehicles, and to provide the necessary equipment to carry
out this operation.
7.0 Loading & Unloading
7.1. The Hirer shall be responsible for the unloading and
reloading of the Equipment on site and any driver supplied
by The Owner shall be deemed to be under the Hirers control
and the Hirer shall be responsible for any damage caused.
8.0 Connection of Main Services
8.1. Connection and disconnection of main services on site
is the responsibility of the
8.2 The Equipment will be electrically tested prior to delivery
and a test certificate may be supplied by the Owner on request,
thereafter the Hirer shall be responsible for complying with
all relevant laws, bylaws, regulations and statutory undertakings
applicable to the use and operation of the Equipment including
formal visual and operational testing.
9.0 Maintenance, Care and Alterations
9.1 The Hirer shall be responsible for maintaining the Equipment
in the same condition as on the date of the delivery using
the same in a workmanlike manner and returning the Equipment
on completion of hire in a good and clean condition (fair
wear and tear accepted). Any loss and damage to the Equipment
shall be charged to the Hirer.
10.1 The Hirer shall at all times allow the Owner, its employees,
servants, agents and/or sub contractors to have reasonable
access to the Equipment to inspect, test, adjust, repair or
replace the same.
11.0 Periods of Hire
11.1 Unless otherwise provided for in this Agreement, the
period of hire commences on the day the Equipment leaves the
Owners premises and terminates on the day it is received back
there or on a site nominated by the Owner, both days being
included in the period of hire.
12.1 The Hire Contract shall be terminable by the Hirer giving
to the Owner written notice. The relevant notice period shall
(a) For all jacklegs/wheeled equipment Fourteen (14) days.
(b) For all Modular/Panel Building Eight (8) weeks.
Unless otherwise specified in writing on the Hire Contract,
the Hirer shall be responsible for rental of the Equipment
for the minimum period as specified within this Hire Contract
whether the hiring of the Equipment actually continues or
12.2 The Owner shall be entitled to terminate the Agreement
forthwith and repossess the Equipment (i) in the event of
the failure of the Hirer to comply with any of the conditions
herein contained, or (ii) if any proceedings are commenced
in which the solvency of The Hirer is called into question.
Such termination will not affect the Owners rights to recover
from the Hirer any money due under this Agreement or damages
for breach of contract.
12.3 It is the responsibility of The Hirer to make the Equipment
available to the Owner, its employees, servants, agents and/or
subcontractors at the end of the termination of the hire period.
12.4 If the hire is terminated prematurely the Owner is entitled
to payment in full for the minimum hire period as stated on
the Hire Contact.
13.0 Loss and Damage
13.1 During the continuance of the hire period the Hirer
shall make good to the Owner all loss or damage to the Equipment
or extra chargeable items from whatever the cause the same
may arise (fair wear and tear accepted). The hire period will
be deemed to continue until a lost, stolen or damaged unit
is paid for.
13.2 The Owner accepts no liability or responsibility for
any loss or damage due to or arising from the Equipment becoming
unusable or uninhabitable through any cause whatsoever, or
through non-arrival arising from accident or breakdown during
loading, unloading or transport of the equipment and its contents,
or through failure of the Equipment due to inadequate foundations
having been provided by the Hirer or its not having been erected
in a proper manner.
13.3 The Owner does not accept liability for any costs incurred
by the Hirer due to the delay or cancellation of a delivery,
installation, dismantle or collection caused by inclement
weather or any other occurrences outside the direct control
of the Owner.
13.4 The Owner reserves all rights to charge the Hirer for
all costs the Owner has incurred due to the delay or cancellation
of a delivery, installation, dismantle or collection, caused
by inclement weather, or any other occurrence outside the
direct control of the Owner.
13.5 The Hirer shall insure all the Owners employees, servants,
agents and/or sub contractors whilst on the Hirer’s
site/property against all acts of negligence.
13.6 The Owner shall advise the Hirer of any damage found
to the Equipment or missing extra chargeable items within
3 working days of the return of the Equipment. If the damage
or shortage is disputed the Hirer shall have 5 working days
to inspect the damage at the Owner’s nominated location.
14.1 The Hirer shall issue and keep the Owner’s Equipment
and it accessories comprehensively insured to the full replacement
value thereof during the full period of the hire against all
normal risks including loss or damage by fire, accident, or
any other cause and to ensure that the Owner’s interest
in the Equipment is noted on the insurance Policy. The Hirer
hereby irrevocably appoints the Owner to be the Hirer’s
sole agents and the only persons to receive all moneys payable
under such insurance and to negotiate, agree or compromise
with the insurers as to the amounts so payable. Any insurance
money payable shall be applied as follows:
14.2 If the Equipment is damaged and in the opinion of the
insurers it can be economically repaired, in making good the
14.3 In any case, at the option of the Owner either in replacement
by other similar equipment to which the Agreement shall then
apply or in compensating the Owner for all loss suffered as
a result of the loss or damage, any surplus being paid to,
and any deficiency being made up by the Hirer.
14.4 Indemnify the Owner in respect of any claim made against
the Owner and all damages, costs and expenses suffered or
incurred by the Owner as a result of any claim by a third
party in respect of the state, condition or use the Equipment
or in anyway arising out of its hire under this Agreement.
14.5 It is the responsibility of the Hirer to insure his/her
own contents. No liability will be attached to the Owner for
any consequential loss (including loss or profit and/or loss
of contract) or damage to the contents due to any failure
in the Equipment.
15.0 Consequential Loss to Third Party and to the
15.1 No liability will attach to the Owner for any consequential
loss (including loss or profit and/or loss of Contract) or
damage due to any failure in the Equipment or non-arrival
or late delivery of the Equipment or any breach of the agreement/
contract whatever by the Owner for any cause whatever, including
the negligence of the Owner or it’s employees, servants,
agents, and/or contractors.
16.0 Rental and Payment Terms
16.1 The hire charges payable under this Agreement shall
be paid by the Hirer punctually to the Owner during the continuance
of the hire period (as defined in clause 11.1) an no allowance
or deduction shall be permitted from such hire charges in
respect of any period where for whatever reason the Equipment
shall not be used by the Hirer.
16.2 Odd days at the end of the hire period shall be charged
as a complete week at the discretion of the Owner.
16.3 The Owner reserves the right to amend hire rates by
giving one calendar months notice in writing to the Hirer
at any time after the minimum hire period stated on the contract
16.4 If any or all payments under this Agreement are not
made when due the Owner will be entitled to interest on the
amount that is overdue at a rate per annum compound of four
per cent (4%) above the prevailing base rate of the Royal
Bank of Scotland Plc calculated on a daily basis without prejudice
to any other rights or remedies the Owner may have. The Hirer
will also pay all charges and costs the Owner reasonably incurs
in the recovery of the outstanding money or Equipment.
16.5 Payment terms are strictly within 30 days of invoice
(unless stated on the Contract).
17.1 The Hirer shall pay the cost of the transport of the
Equipment from the Owner’s depot to the site and return
to the named depot or any other site nominated by the Owner
on completion of the hire period unless specifically stated
otherwise on the Contract.
17.2 The Hirer will pay for any additional time and attendance
including any pre-arranged delivery or collection attempts
by the Owner, which are unsuccessful due to the acts and/or
omissions of the Hirer.
17.3 The Owner accepts no liability for any cost incurred
by the Hirer due to delay or cancellation of a delivery or
collection due to inclement weather and reserves the right
to charge the Hirer for any costs incurred through such delay
18.0 Sub-Let and Change of Site
18.1 Except as provided for in clause 18.2 the Hirer shall
not re-hire, sell, mortgage, charge, pledge, part with possession
of, or otherwise deal with the Equipment or its contents and
shall protect the same against distress, execution or seizure
and shall indemnify the Owner against all losses, damages,
cost, charges and expenses that may be occasioned by any failure
to observe and perform this condition except in the event
of government requisition.
18.2 The Hirer shall not assign his rights hereunder no sub-let
or lend the Equipment or any part thereof to a third party
without the prior written consent of the Owner.
18.3 Except for Equipment mounted on a wheeled chassis the
Hirer shall not move the Equipment from the site to which
it is delivered or consigned unless prior written consent
is obtained from the Owner.
19.1 A charge per single unit or module will be levied on
the Hirer by the Owner for a basic clean when the unit(s)
is returned to the Owner following the collection of unit(s).
19.2 The Owner reserves the right to charge the Hirer all
the costs incurred for employing a Specialist Contractor to
remove and dispose of any unidentifiable/hazardous waste,
returned in the equipment.
20.0 Cancellation Charges
20.1 Should the Hirer cancel his/her order prior to the delivery
of the equipment the Owner is entitled to payment for all
21.0 Identification Marks
21.1 The Owner retains the right to affix a mark or plate
on the Equipment identifying it as the Owner’s property
and the Hirer shall not remove, deface or cover up the same.
22.0 Reserved Rights
22.1 If the Owner does not enforce any or all of these conditions
it shall not amount to, or be interpreted as, a waiver or
any of the Owner’s rights.
22.2 If any term or condition in this Agreement is illegal
or unenforceable, in whole or in part, the provision of part
shall to the extent necessary be deemed not to form part of
this Agreement and shall not affect the validity and enforceability
of the remainder of this Agreement.
23.1 The headings shown are for reference only and they do
not in any way alter or affect the interpretation of these