Hire Charges for Power Equipment and Fuel Tanks are inclusive of standard Site servicing in accordance with ABird’s program for servicing and will normally be made Monday to Friday between 0800 to 16:30 (excluding bank and public holidays at the relevant Site or any period during the annual Christmas shutdown (normally Christmas Eve and the day after New Years’ Day (bank and public holidays permitting) (Working Days). Full 24‐hour support may be available at additional cost subject to agreement in writing by ABird and subject to any other terms and conditions notified by ABird.
Unless otherwise stated in the quotation and the relevant Order, the minimum Hire Period for Power Equipment and/or Fuel Tanks is 5 working days and subject to a maximum usage of 60 hours, with excess hours chargeable at any time following the end of the original Period of Hire and to be paid on demand, subject to paragraph 3 below.
If the parties have agreed in writing you may operate the Power Equipment and Fuel Tanks for an unlimited number of hours (Unlimited Generator Hours) you will operate the Power Equipment and Fuel Tanks in accordance with the manufacturers operating manual including any restrictions on operation stated therein. If the Unlimited Generator Hours option is not specified in the Quote or in the Hire Contract, you will be charged for any use in excess of 60 hours. Evidence of the excess use will be provided on request. The Unlimited Generator Hours option can be requested at any point during the Hire Period subject to availability and with our written consent.
In the event of cancellation, delay or postponement prior to delivery of any Power Equipment, Fuel Tanks or Fuel supply, you must give not less than 24 hours’ notice and we should be notified before 12pm noon. An abortive charge including but not limited to delivery, transport and storage charges will be applied where 24 hours’ notice is not provided.
Fuel Tanks are delivered with an agreed level of fuel in the full tank. Where the Fuel Management Option is not taken any fuel remaining in the Fuel Tank will be accepted as lost fuel.
If you have opted for the Fuel Management Option ABird will use reasonable endeavors to provide such service in accordance with the levels stated in the Order and the terms of the Contract.
All Fuel Equipment is supplied with agreed levels of fuel and fuel used is chargeable unless otherwise agreed. The Abird current fuel charges are as follows a. Fuel tank top‐up will be charged at £POA litre. Evidence will be provided on request. b. Contaminated Fuel will be charged at £POA litre. Evidence will be provided on request c. Bulk Fuel supplies (>500 litres) and Fuel Management Option will be charged at £POA litre d. Due to the volatility in world oil prices ABird reserves the right to charge transport and fuel rates at its prevailing rates at any time during the Hire Period
The fuel to be provided under your Hire Contract will be either White Diesel or HVO, if your site qualifies for use of Gas oil we can provide this to you.
Where a Site survey has not been carried out or Site conditions or lay out change after the Site survey; any specialist requirements that have not been identified or advised, and any deviations from the Quote may be chargeable by ABird to you and paid on demand. These may include but are not limited to: The repositioning of the generator/s due to proximity to a water course (within 10m) that was not advised at enquiry stage b. The repositioning of the generator/s due to a restricted Site that was not advised at enquiry stage c. Any additional materials required because of a or b 10. If you do not want ABird to automatically top up Fuel Tanks with fuel, you must notify you of this in writing at least 24 hours in advance.
You agree that you will not, and will not permit any third party to, deposit any fuel or other liquid or material into the Fuel Tanks without the prior agreement of ABird.
The parties agree that ABird will have no liability for the quality of fuel stored in the Fuel Tanks where liquids or materials other than fuel supplied by ABird has been deposited into the Fuel Tanks.
ABird will notify you of its proposed delivery of fuel and you will allow ABird reasonable access to deliver the fuel within 30 minutes of arrival at Site. Deliveries of fuel will normally be made Monday to Friday between 0800 to 1700 on Working Days.
Risk of loss of or damage to the fuel will pass to you the customer once the fuel has passed into your storage tanks.
You agree that the fuel provided as part of the Fuel Management Option is not permitted to be used in road vehicles and you warrant and undertake that you will not use or permit such fuel to be used for road use.
You will only use Fuel Tanks in accordance with Abird written instructions.
You will indemnify and keep Abird fully indemnified against any losses, damages, claims, penalties or fines which are suffered or incurred by ABird arising out of or in connection with your use or misuse of fuel or any issues, damage to, misuse or failure of the Fuel Tanks or other non-compliance with these Additional Terms.
Our Quote for Power Equipment, Fuel Tanks and Fuel Management Option is valid for acceptance Within 30 days from the date on the quotation
Customer’s responsibilities the Customer shall during the term of this Contract:ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet any requirements set out or referred to in the Contract Details, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with all operating instructions. take such steps (including compliance with all safety and usage instructions provided by the Provider) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work and if the Equipment were continued to be used in an unsafe and unsatisfactory state the Customer shall be solely responsible for any damage loss or accidents whether directly or indirectly arising there from;
Maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Hire Start Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts (in each case after obtaining written approval of the Provider), and shall make good any damage to the Equipment subject to obtaining the advance written approval of the Provider; regularly clean the Equipment and return it in a perfectly clean condition. The Customer shall be responsible for any expense involved in cleaning Equipment and fuel tanks incurred by the Provider; make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Provider unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Provider or its financiers immediately upon installation; keep the Provider fully informed of all material matters relating to the Equipment; keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Provider’s prior written consent; permit the Provider or its duly authorised representative to inspect and maintain the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Provider, together with such additional information as the Provider may reasonably require; not, without the prior written consent of the Provider, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, re-hire, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; not without the prior written consent of the Provider, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building (or in Scotland a heritable fixture). If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Provider against all losses, costs or expenses incurred as a result of such affixation or removal; not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Provider in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Provider may enter such land or building and recover the Equipment both during the term of this Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Provider of any rights such person may have or acquire in the Equipment and a right for the Provider to enter onto such land or building to remove the Equipment; not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Provider and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Provider on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; not use the Equipment for any unlawful purpose; keep the Equipment safe and secure and ensure that all relevant government and local authority regulations are complied with and all provisions of any lease of the Equipment to the Provider once notified of such; ensure that at all times the Equipment remains identifiable as being the Provider’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; deliver up the Equipment at the end of the Rental Period or on earlier termination of this Contract at such address as the Provider requires, or if necessary allow the Provider or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and not do or permit to be done anything which could invalidate the insurances referred to in clause 7. The Customer acknowledges that the Provider shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify the Provider on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Contract and/or the Customer’s use of the Equipment.
Maintenance
The Provider shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment which manifests itself after Delivery, provided that: the Customer notifies the Provider of any defect in writing within one (1) Business Day of becoming aware of the defect; the Provider is permitted to make a full examination of the alleged defect; the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Provider’s authorised personnel; the defect did not arise out of any information, design or any other assistance supplied or furnished by the Customer or on its behalf; and the defect is directly attributable to defective material, workmanship or design. As far as the Equipment comprises or contains equipment or components which were not manufactured or produced by the Provider, the Customer shall be entitled only to such warranty or other benefit as the Provider has received from the manufacturer. If the Provider fails to remedy any material defect in the Equipment in accordance with clause 1, the Provider shall, at the Customer’s request, accept the return of part or all of the Equipment and make an appropriate reduction to the Rental Payments payable during the remaining term of the Contract and, if relevant, return any Deposit (or any part of it) unless the Provider substitutes the Equipment for the remainder of the Rental Period.
No claims will be admitted for stoppages through causes outside the Provider’s control, including bad weather or ground conditions nor shall the Provider be responsible for the cost or expense of recovering any machine from soft ground or derailment.
