Kingwell hire – standard terms & conditions

Standard Terms and Conditions: – 

Additional site-specific conditions and terms may also apply, and these will be provided separately, as required.

Definitions

Access: Any place used to gain entry to the site, including approach roads, highway entrances, gates, bridges and other structures. 

Client: Person, persons, company, business, charity or organisation hiring or issuing contract or instruction (written or verbal) for works to be carried out, equipment hire, contract, sub-contract services or any type of commercial involvement with Kingwell Holdings Ltd. (The service provider), it’s employees or sub-contractors.

Method Statement: The description of the works to be carried out. 

Plant and/or equipment: Any machine, vehicle or mechanical device operated by Kingwell Holdings Ltd. (The service provider) to carry out the works. 

Price, Rates or Quotations: Any email, document, attachment, text message or other communications that can be printed onto paper describing the works, method statements, charges or costs. 

Services Provider: Kingwell Holdings Ltd. And any employees or sub-contractors working for the company. 

Site: Any place or location works, including any access points or any land and structures affected by the work. 

Terms: Any specific clause or condition supplied with a quotation, describing additional requirements to those included in the standard Terms and Conditions.

Works: Any operation involving employees, plant, machinery, sub-contractors or other equipment, employed and deployed by Kingwell Holdings Ltd. (Service provider). Note. When instructing works carried out, the client accepts the price, rate or quotation as well as the terms and conditions and any additional conditions or terms relevant to the site or works which will be supplied with the quotation. One day’s hire is a minimum of 9 hours, depending on the equipment supplied. Part days will be charged to the client at the full days rate, unless by prior written agreement with the service provider before the start of work. (In case of an incinerator, the minimum hire period is 5 days and the maximum hours od work permitted within this period is 50 hours. The client should ensure that the site is safe for any works to be carried out, prior to the works commencing. The client should ensure that access is suitable for entry and exit of plant to the site. Any representative of the client should be fully trained and competent in any role which they may have during the works. Method of the works will only be in accordance with the method statement. The service provider reserves the right to modify or refuse any instruction that is considered a danger to our employees, site or plant, or to stop any works, if conditions change and the site becomes unsafe. If the works cannot be carried out, due to factors beyond the service providers control, charges may be made to include, (but not limited to), standing time, transport costs, operators wages. Standing time is usually 60% of the hire rate. Ground damage will be caused by plant. The service provider accepts no responsibility for this but will make all reasonable efforts to minimise damage caused. Ground settlement or erosion may occur after works. The service provider accepts no responsibility for this. All works on gradients or soft ground is at the discretion of the service provider. Re-instatement of works and site and clearing away of debris is not included, unless by prior written agreement with the service provider. The client should take precautions to protect vulnerable items and structures from plant operations and flying debris. Metal, concrete or rock in material may prevent works being completed. Damage caused to plant by this will be charged to the client. You must notify the service, using drawings or in writing, of the exact location and type of any services on the site. The service provider cannot accept responsibility for any damage or losses caused by the failure of the client to do so. Permits to dig and services maps will be required at all times. Any works near services will be carried out at the discretion of the service provider. Site access provision, signage, fencing, setting out, road sweeping, welfare, identifying, locating and protection of services, site fencing, surface water management and any other additional resources required to facilitate the works, that are not described in our submission are at the client’s cost unless by prior written agreement. Security for unattended periods is the responsibility of the client and any loss and/or damage will be charged to the client.  For example: any damage caused to plant and equipment and any theft of fuel, lubricants, tools or other items from the equipment during unattended periods on site are chargeable to the client. All measurement of area is to be actual measurement, not by plan view. Any re-measurements costs are the responsibility of the client. Any cancellation or alteration must be made in writing to the service provider no less than 48 hours before commencement of the works. Any extra works to that agreed in writing at the commencement of the works with the service provider will be charged to the client. The client should have adequate insurance to cover the works and adequate hired-in plant cover for non-operated equipment. All damage caused to non-operated plant is chargeable to the hirer – including loss of hire up to 8 weeks. Theft, arson, damage and any other type of de-grading condition of stored materials such as timber stacks, stock-piles of woodchip, mulch or bales is the responsibility of the client. Our terms of settlement are 30 days from invoice date. Late payments will incur an interest charge of 1.5% per week to be added to all overdue payments. Any invoice not queried in writing within 7 days will be deemed correct and payable within 30 days from the date of the invoice. The service provider reserves the right to change terms and conditions, price and additional terms without prior notification. These terms and conditions and any additional site-specific terms and conditions supplied with the quotation can only be superseded by prior written agreement with the service provider.