Terms and Conditions

Last updated: 10 June 2026

1. Definitions

In these Terms and Conditions, the following words have the following meanings:

“Owner” means Tracked Out Plant Hire, being the company, firm or person hiring out the Equipment.

“Hirer” means the company, firm or person hiring the Equipment from the Owner.

“Equipment” means any plant, machinery, tools, vehicles, attachments, accessories or other items that the Owner agrees to hire to the Hirer.

“Site” means the premises, location or site specified by the Hirer where the Equipment is to be delivered, used or operated.

“Hire Period” means the period during which the Equipment is on hire to the Hirer, as described in these Terms and Conditions.

Any operator of the Equipment must be over 21 years of age and must be considered competent by the Owner or any employee or representative of Tracked Out Plant Hire.

2. General Terms

2.1 These Terms and Conditions apply to all contracts for the hire of Equipment by the Owner to the Hirer.

2.2 These Terms and Conditions apply to the exclusion of any other terms or conditions referred to, offered or relied upon by the Hirer, unless the Hirer specifically states in writing that it wishes other terms to apply and the Owner agrees to those terms in writing.

2.3 Any variation to these Terms and Conditions, including any special terms agreed between the parties, shall not apply unless agreed in writing by the Owner.

2.4 By accepting delivery of the Equipment at the Site, or by otherwise using the Equipment, the Hirer agrees to be bound by these Terms and Conditions unless otherwise agreed in writing.

3. Commencement and Duration of Hire

3.1 The Hire Period shall commence when the Equipment leaves the Owner’s premises or another agreed location.

3.2 The Hire Period shall continue until the Equipment is returned to the Owner’s premises or another agreed location.

3.3 Where the Owner is responsible for collecting the Equipment, the Hire Period shall continue until the termination of hire is confirmed in writing by the Owner.

4. Delivery and Return

4.1 Unless otherwise agreed in writing, the Hirer is responsible for loading, transporting and unloading the Equipment at the Site and on return to the Owner.

4.2 The Hirer shall be responsible for all costs incurred in connection with loading, transport, delivery, unloading and return of the Equipment, unless otherwise agreed in writing.

4.3 Any driver or operator supplied by the Owner shall be deemed to be under the Hirer’s control while carrying out work for the Hirer and shall comply with the Hirer’s reasonable directions.

4.4 On delivery of the Equipment, the Hirer must inspect the Equipment. Any defects, damage or dissatisfaction must be notified to the Owner immediately and confirmed in writing within 2 working days.

4.5 If the Hirer does not notify the Owner of any defect, damage or dissatisfaction within this period, the Equipment shall be deemed to have been delivered in good order, in accordance with the contract, and to the Hirer’s satisfaction.

5. Hirer’s Obligations

The Hirer must:

5.1 Use the Equipment in a skilful, safe and proper manner.

5.2 Not use the Equipment for any purpose beyond its intended use or capacity.

5.3 Ensure that any person operating the Equipment is over 21 years of age and competent to operate it.

5.4 Regularly check the condition of the Equipment during the Hire Period.

5.5 Be responsible for any damage, loss or liability arising from the continued use of Equipment in an unsafe or unsuitable condition.

5.6 Ensure the security and safekeeping of the Equipment during the Hire Period.

5.7 Allow the Owner reasonable access to inspect, repair or replace the Equipment at any time upon reasonable notice.

5.8 Immediately inform the Owner of any breakdown, defect, damage or issue affecting the safe or proper operation of the Equipment.

5.9 Not repair, alter or modify the Equipment without the Owner’s prior written consent.

5.10 Read and comply with any operating instructions, safety instructions or guidance supplied with the Equipment.

5.11 Only use the Equipment, and fit any accessories, in accordance with the relevant instructions and safety guidance.

5.12 Unless otherwise agreed in writing by the Owner, keep the Equipment in its own possession at the Site.

5.13 Return the Equipment in the same condition as when it was supplied, except for reasonable wear and tear.

5.14 Pay for any Equipment that is not returned, charged at the manufacturer’s current published list price.

5.15 Continue paying hire charges until any missing Equipment is paid for in full.

5.16 Not sell, offer for sale, assign, mortgage, pledge, re-hire, lend or otherwise part with possession or control of the Equipment.

5.17 Comply with all relevant laws, regulations, Government requirements and Local Authority requirements relating to the use, storage, transport and operation of the Equipment.

6. Breakdown and Repairs

6.1 Where breakdown of the Equipment is caused by fair wear and tear, a fault in the Equipment, or normal repairs, the Owner shall make a fair allowance against hire charges.

6.2 Any claim for allowance shall be considered from the time and date that the Hirer notifies the Owner of the breakdown.

6.3 Where breakdown of the Equipment is caused by negligence, misuse, improper operation or breach of these Terms and Conditions by the Hirer, the Hirer shall be responsible for all loss, damage, repair costs and other costs incurred by the Owner.

6.4 In the circumstances described in clause 6.3, hire charges shall continue to be payable during the period in which the Equipment is inoperable.

6.5 Where the Owner decides that urgent repairs are required during the Hire Period, the Owner may replace the Equipment with equipment of a similar type where available.

6.6 Where replacement equipment is provided under clause 6.5, the Owner shall be responsible for the transport costs involved.

6.7 Where no suitable replacement equipment is available, the Owner may terminate the hire immediately by giving written notice to the Hirer.

6.8 Where termination under clause 6.7 occurs within 3 months of the start of the Hire Period, the Owner shall be responsible for the transport costs.

6.9 Where termination under clause 6.7 occurs more than 3 months after the start of the Hire Period, the Owner shall be responsible for the costs of loading and returning the Equipment.

7. Charges and Payment

7.1 The Equipment shall be hired on the charging basis set out in Schedule 1, unless otherwise agreed in writing.

7.2 All Equipment is hired on the basis that payment is due within 30 days of the Owner’s monthly invoice.

7.3 The Hirer shall pay all charges, costs and expenses due under these Terms and Conditions in full and without deduction, set-off or withholding unless required by law.

8. Termination

8.1 Where there is no fixed Hire Period, either party may terminate the hire by giving the other party 7 days’ written notice.

8.2 The Hirer’s obligations under these Terms and Conditions shall continue until the Equipment is returned to the Owner or collected by the Owner, as applicable.

8.3 The Owner may terminate the hire immediately by written notice to the Hirer if:

8.3.1 The Hirer fails to pay any sum due under these Terms and Conditions.

8.3.2 The Hirer breaches any of these Terms and Conditions.

8.3.3 The Hirer becomes insolvent, enters administration, liquidation or bankruptcy, or proposes or enters into any arrangement with its creditors.

8.3.4 The Hirer does, causes or permits anything that may prejudice or put at risk the Owner’s rights in the Equipment.

8.4 Upon termination, the Owner shall be entitled to retake possession of the Equipment.

8.5 For the purpose of retaking possession of the Equipment, the Owner may enter any premises or Site where the Equipment is located, subject to applicable law.

8.6 Termination shall not affect the Owner’s right to recover any unpaid sums, hire charges, costs, expenses or damages from the Hirer.

9. Liability

9.1 The Owner shall not be liable for any loss or damage arising from any cause beyond its reasonable control.

9.2 The Owner shall not be liable to the Hirer or any third party for any indirect, consequential or economic loss, including loss of profit, loss of business, loss of contract, loss of opportunity or loss of goodwill.

9.3 The Owner’s liability for any claim arising out of the hire shall be limited, at the Owner’s option, to:

9.3.1 Replacing the Equipment with similar equipment; or

9.3.2 Terminating the contract and refunding any hire charges paid for any period during which the Equipment was inoperable due to a matter for which the Owner is responsible.

9.4 Nothing in these Terms and Conditions shall exclude or limit the Owner’s liability for death or personal injury caused by the Owner’s negligence, fraud, fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

10. Insurance

10.1 The Hirer shall be responsible for insuring the Equipment against loss, damage and theft during the Hire Period.

10.2 The Equipment must be insured for the manufacturer’s current published list price.

10.3 If the Equipment is damaged, hire charges shall continue at two-thirds of the normal hire rate until the Equipment is repaired and all repair costs have been paid in full.

10.4 If the Equipment is stolen, hire charges shall continue at two-thirds of the normal hire rate until the Equipment is paid for in full or returned to the Owner in a fully usable condition.

11. Indemnity

11.1 The Hirer agrees to indemnify and hold harmless the Owner, its employees, agents and representatives against all liabilities, legal fees, damages, losses, costs, claims and expenses arising from or in connection with:

11.1.1 The storage of the Equipment;

11.1.2 The transit or transport of the Equipment;

11.1.3 The loading or unloading of the Equipment;

11.1.4 The use or operation of the Equipment;

11.1.5 Any injury to person or property caused by or connected with the Equipment during the Hire Period.

12. Severance

12.1 If any provision of these Terms and Conditions is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed deleted.

12.2 The remaining provisions shall continue in full force and effect.

12.3 If any invalid, unlawful or unenforceable provision would be valid, lawful or enforceable if part of it were deleted, the provision shall apply with the minimum modification necessary to make it valid, lawful and enforceable.

13. Governing Law and Jurisdiction

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

13.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.

Schedule 1: Basis of Charging

1. Minimum Hire Periods

1.1 Equipment may be hired for a minimum of 8 hours per day or 40 hours per week.

1.2 Additional days shall be charged on a pro rata basis.

2. Daily Hire

2.1 Daily hire is based on an 8-hour day.

2.2 All daily hires shall terminate at 4:30pm, regardless of the start time.

2.3 The Hirer shall be charged the full daily rate.

3. Weekly Hire

3.1 Weekly hire is based on a 5-day, 40-hour week.

3.2 The Hirer shall be charged the full weekly rate.

4. Cleaning

4.1 Cleaning of dirty Equipment shall be charged to the Hirer.

5. Fuel

5.1 All Equipment shall be supplied with a full fuel tank unless otherwise agreed.

5.2 The Equipment must be returned with a full fuel tank at the end of the Hire Period.

5.3 Any fuel top-up required on return shall be charged to the Hirer.

6. Breakdown Periods

6.1 Where breakdown of the Equipment is caused by fair wear and tear or a fault in the Equipment, a fair allowance against hire charges shall be made to the Hirer.

6.2 Breakdown time shall be allowed for no more than 8 hours per day, less the actual hours worked.

7. “All-In” Rates

7.1 Where “all-in” rates are agreed between the parties, the minimum hire period shall be as agreed between the parties.

7.2 The hire shall be charged in accordance with the agreed all-in hire rates.