Access Hire Terms & Conditions

Michael Wilson & Son Ltd.

CONTRACT APPLICATION These terms apply only where the Hirer is acting in the course of a business, trade or profession. They are not intended for consumer hire. A booking, written authorisation, acceptance of delivery or use of the Equipment constitutes acceptance of these terms, subject to clause 1.

1. Application and business use

1.1 These terms apply to the hire or supply by Michael Wilson & Son Limited (“MW&S”) of mobile elevating work platforms, truck-mounted platforms, tracked platforms, booms, scissor lifts, accessories, transport and operators to a Hirer acting in the course of business.

1.2 They are informed by normal UK plant-hire practice but are MW&S’s own terms. They are not the CPA Model Conditions. They do not apply to consumers.

1.3 The quotation or hire confirmation, these terms, the approved account application and any agreed supplementary conditions form the Hire Contract. Terms on the Hirer’s purchase order or portal do not apply unless an authorised MW&S director expressly accepts them in writing.

1.4 Where equipment is re-hired by MW&S from a third-party owner, the owner’s notified hire and loss/damage conditions also apply to the Hirer so far as relevant. If there is an inconsistency, the condition imposing the higher safety or custody obligation applies, unless MW&S confirms otherwise in writing.

2. Definitions

2.1 “Equipment” means the platform, vehicle, attachments, keys, chargers, accessories, documents and any replacement item. “Hire Period” means the period stated in the Hire Contract and, for Equipment left with the Hirer, continues until it is collected by or returned to MW&S or the third-party owner. “Hirer” means the business or authority ordering the hire. “Operator” means a driver or operator supplied by MW&S. “Operated Hire” means Equipment supplied with an Operator. “Self-Drive Hire” means Equipment supplied without an MW&S Operator, including re-hired equipment. “Site” includes its access roads and working areas. “Working Day” means the hours stated in the hire confirmation.

2.2 Each item is hired as a separate unit unless the hire confirmation states that items are supplied together as one working system.

3. Account, purchase order and booking

3.1 The Hirer must provide a completed account application acceptable to MW&S before any booking is confirmed. MW&S may set or change credit limits, require advance payment and carry out credit checks.

3.2 Each hire requires, before dispatch, a valid purchase order covering the expected hire, transport, Operator and ancillary charges, or written authorisation accepted by MW&S which confirms the Site, date, scope, rates and acceptance of these terms.

3.3 A quotation is subject to availability. A booking is firm only when MW&S issues written confirmation. Equipment type, working height, outreach and capacity are subject to the limitations in the relevant manufacturer’s specification and duty chart.

3.4 The Hirer warrants that the person booking or directing the hire has authority to bind it and that all information supplied about the task and Site is accurate and complete.

3.5 The Hirer is responsible for identifying all requirements of its own or a third party’s procurement, compliance or Site-access portal before booking. The Hirer must provide correct access, templates, deadlines and approval contacts and remains responsible for the portal operator’s review and acceptance. Additional document preparation, revised certificates, resubmissions, portal administration, delayed access, waiting time or repeat attendance caused by those requirements is chargeable at MW&S’s applicable rates.

4. Selection and intended use

4.1 The Hirer is responsible for explaining the task, required position, loads, persons and tools in the platform, outreach, height, access dimensions, ground conditions, overhead hazards and working environment. The Hirer is responsible for selecting Equipment suitable for the task.

4.2 Equipment must be used only for its designed purpose, within rated capacity, manufacturer instructions, wind limits and applicable law. It must not be used for lifting suspended loads, towing, pushing, pulling or as a crane unless expressly designed and agreed for that purpose.

4.3 Equipment must not be moved to another Site, sub-hired, lent, altered, repaired, tampered with or have safety devices overridden without MW&S’s written consent.

4.4 MW&S may substitute equivalent or higher-specification Equipment where reasonably necessary, provided it is suitable for the agreed task.

5. Site, access and ground conditions

5.1 The Hirer must provide safe, suitable and unobstructed access and egress, sufficient manoeuvring and set-up space, and a level working area capable of supporting the Equipment, axle loads, stabiliser loads and outrigger reactions.

5.2 The Hirer is responsible for confirming ground bearing capacity and for identifying cellars, basements, culverts, voids, manholes, drains, soft ground and underground services. Spreader pads supplied by MW&S assist load distribution but do not prove that the ground is adequate.

5.3 The Hirer must identify and control overhead lines, structures, traffic, pedestrians, railway interfaces, aircraft or airfield restrictions, radio-frequency hazards, emissions, contamination and other Site hazards. Required isolations must be confirmed before work starts.

5.4 Before work starts, the Hirer must prepare, maintain and implement a suitable and sufficient task-specific risk assessment and method statement covering the work to be carried out, the Site, the persons involved and all relevant hazards and controls. It must provide these documents to MW&S on request. Any risk assessment, method statement or lift information supplied by MW&S covers only MW&S’s delivery, set-up and operation of the Equipment and does not replace the Hirer’s assessment and control of its own work activity.

5.5 Unless expressly included in the quotation, the Hirer provides and pays for road closures, traffic and pedestrian management, parking suspensions, permits, licences, landowner consent, police or highway liaison, Site inductions, security, welfare, lighting, a suitable banksman and any task-specific exclusion zone.

5.6 Where MW&S agrees to arrange or supply traffic management, permits, temporary traffic regulation orders or related authority approvals, it may do so through a competent subcontractor. Application fees, permit charges, authority charges, design costs and other committed third-party costs are payable by the Hirer at cost or at the price stated in the quotation and are non-refundable once incurred or committed, whether or not the hire proceeds.

5.7 Dates for permits, temporary traffic regulation orders and authority approvals are estimates only. MW&S is not responsible for delay, refusal, additional conditions or failure by a council, highway authority, police force, Site operator or other third party to grant approval by the booked date. If approval is not available in time, the hire will be rearranged and the Hirer shall pay committed third-party costs, reasonable administration and rescheduling costs, and any cancellation charge applicable under clause 10.

5.8 The Operator may refuse access, set-up or operation where conditions appear unsafe or materially different from those described. An aborted or delayed hire caused by Site conditions, third-party approval or the Hirer’s systems is chargeable.

6. Operated truck-mounted hire

6.1 MW&S supplies a competent Operator to drive, set up and operate the Equipment. The Hirer directs the work objective, sequence and required access positions, but the Operator retains control over driving, set-up, machine movements and all safety decisions.

6.2 The Hirer must provide adequate task supervision and information about the work being undertaken from the platform. The Operator is not the Hirer’s works supervisor, principal contractor, temporary-works designer or specialist adviser unless expressly appointed in writing.

6.3 Only the MW&S Operator may operate the Equipment controls, except for an emergency lowering procedure by a trained person in accordance with the rescue plan. Persons entering the platform must be authorised, follow the Operator’s instructions and use the required personal protective equipment.

6.4 The Hirer must ensure a suitable rescue and emergency plan is in place and provide any Site personnel assigned to it. MW&S will provide information reasonably required about the Equipment’s emergency controls.

6.5 If the Operator reasonably believes an instruction is unsafe, unlawful, outside the Equipment’s capacity or contrary to the safe system of work, the Operator may refuse it and may suspend the hire. Time remains chargeable where the cause is not an Equipment defect or MW&S breach.

6.6 During an Operated Hire, the Hirer is responsible for loss of or damage to the Equipment and for third-party claims arising in connection with its use, including loss, damage or claims caused by inaccurate Site information, unsuitable ground, unsafe work instructions, Site hazards or acts and omissions of the Hirer and its personnel. The Hirer is not responsible to the extent the loss, damage or claim is caused by MW&S’s negligence, an inherent Equipment defect, or the Equipment being driven on a public highway solely under MW&S’s control for delivery to or collection from the Site.

7. Self-drive and re-hired equipment

7.1 From delivery until collection, the Hirer has custody and control of Self-Drive Equipment and is responsible for its safekeeping, security, correct charging or fuelling, daily checks and use in accordance with law and manufacturer instructions.

7.2 The Hirer must permit only trained, familiarised, medically fit and appropriately qualified persons to operate the Equipment. Evidence of competence must be provided on request. The Hirer must comply with PUWER, LOLER, the Work at Height Regulations and all Site-specific duties applicable to it.

7.3 The Hirer must inspect Equipment on delivery and record visible shortage or damage immediately. Unless notified in writing within 4 working hours, Equipment is treated as delivered complete and in good apparent order, except for latent defects.

7.4 For every hire, including Operated Hire and Self-Drive Hire, the Hirer must maintain hired-in plant insurance for the full new replacement value of the Equipment, including cover for continuing-hire charges, together with appropriate public-liability insurance. The cover must remain in force throughout the Hire Period and evidence must be supplied before dispatch if requested. This requirement applies unless MW&S has expressly accepted an alternative insurance or damage-waiver arrangement in writing.

7.5 Hire charges continue during loss, theft or damage until the Equipment is recovered and fit for hire, replaced, or a settlement is paid, subject to any applicable third-party owner terms. The Hirer must pay repair, recovery, cleaning, decontamination, loss-adjuster and uninsured costs for which it is responsible.

7.6 Self-Drive Equipment must be secured, immobilised where practicable and stored in a locked or guarded compound outside working hours. Keys must be removed and kept separately. The Hirer must comply with any tracker, security and loss-prevention requirements notified by MW&S or the owner.

7.7 The Hirer must make Equipment available for inspection, maintenance and collection. It must not repair or arrange repair without written approval. Unauthorised work is at the Hirer’s risk and cost.

8. Delivery, collection and hire period

8.1 Delivery and collection dates and times are estimates affected by traffic, previous hires, breakdowns and events beyond reasonable control. MW&S will use reasonable endeavours to attend as confirmed but is not liable for consequential Site costs caused by delay.

8.2 The Hirer must have an authorised representative available to receive or release Self-Drive Equipment and sign delivery, condition and collection records. Photographs, telematics, electronic records and Operator records may evidence location, time, use and condition.

8.3 If Equipment cannot be delivered, operated or collected because access is blocked, the Site is closed, the Hirer is not ready or conditions are unsafe, transport, waiting, aborted attendance and further attendance are chargeable.

8.4 The Hire Period continues until Equipment is made safely accessible and is actually collected or returned. The Hirer’s custody, insurance and security duties continue throughout, including nights, weekends and holidays.

9. Charges and working time

9.1 Charges are calculated using the confirmed minimum hire period and rates. Unless stated otherwise, a day or shift is charged in full even if the Hirer uses the Equipment for fewer hours.

9.2 Travel, transport, fuel, electricity, congestion or clean-air charges, tolls, parking, permits, accommodation, subsistence, inductions, toolbox talks, waiting, overtime, night work, weekends and bank holidays are additional unless expressly included.

9.3 Operator and Equipment time starts and ends as stated in the quotation or rate card. Time sheets and electronic job records are evidence of time worked. The Hirer must raise a specific record query promptly; refusing or failing to sign does not remove liability for evidenced time.

9.4 A weekly or monthly rate is payable irrespective of utilisation. Weather, lack of work, delayed permits, other contractors, unsuitable ground and other causes outside MW&S’s control do not stop hire charges.

9.5 VAT is additional. MW&S may require a deposit or card pre-authorisation and may apply it to overdue hire, damage or other amounts properly due.

10. Cancellation and postponement

10.1 Unless the hire confirmation states different terms, a booking may be cancelled or postponed without a cancellation charge if MW&S receives written notice by 2.00 pm on the Working Day before the booked start.

10.2 Notice received after 2.00 pm on the Working Day before the booked start is charged at two thirds of the booked hire charge, plus any non-cancellable third-party, transport, permit, accommodation or mobilisation cost already incurred.

10.3 Cancellation or postponement on the booked day, after dispatch, or when Equipment or personnel have arrived is charged at 100% of the booked hire charge, plus the costs in clause 10.2.

10.4 For multi-day, specialist, re-hired or long-distance bookings, any longer cancellation period or specific charge stated in the quotation applies. Weather does not automatically cancel a booking; the Hirer must give notice and the Operator makes the final decision whether safe operation is possible.

11. Breakdown and stoppage

11.1 The Hirer must report breakdown, damage or unsafe operation immediately and stop using the Equipment. No person may attempt repair, adjustment or recovery without MW&S’s approval.

11.2 For stoppage caused solely by an inherent mechanical or electrical defect, MW&S will make a fair allowance against the affected hire charge from the time MW&S receives notice and has reasonable access to inspect. Where reasonably available, MW&S may repair or provide substitute Equipment.

11.3 No allowance is due for misuse, collision, puncture, contamination, low fuel or charge, unsuitable conditions, operator error by the Hirer, vandalism, theft, third-party action or any cause outside MW&S’s reasonable control.

11.4 Any allowance under clause 11.2 is the Hirer’s sole financial remedy for the stoppage and cannot exceed the hire charge for the affected item and period.

12. Accidents, damage and recovery

12.1 The Hirer must notify MW&S immediately by telephone of any accident, near miss, overturn, contact with a structure or service, injury, theft, loss or damage and confirm the facts in writing within 24 hours.

12.2 The Hirer must preserve evidence, provide photographs and witness details, notify the police where appropriate, cooperate with MW&S and its insurers, and make no admission or settlement on MW&S’s behalf.

12.3 Recovery from soft ground, restricted access or a hazardous location is chargeable to the Hirer where caused by Site conditions or the Hirer’s acts or omissions. MW&S may control recovery methods to protect people and Equipment.

12.4 The Hirer shall indemnify MW&S against third-party claims, loss and expense to the extent caused by the Hirer’s breach, negligence, unsafe direction, unsuitable Site, or acts or omissions of persons under its control. This does not apply to the extent of damage caused by MW&S’s negligence.

13. Payment and credit

13.1 Unless the hire confirmation requires advance payment or states otherwise, invoices are due within 30 days of invoice date. Invoice queries must be raised in writing within 7 days and undisputed amounts remain payable.

13.2 MW&S may invoice weekly, on completion, or at other intervals stated in the hire confirmation. Additional charges and damage may be invoiced when identified.

13.3 MW&S may charge statutory interest, fixed compensation and reasonable debt-recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 and related regulations.

13.4 If an amount is overdue, credit support is not provided or the Hirer appears unable to pay, MW&S may suspend operation, prevent further use, terminate the hire and recover Equipment. The Hirer must provide safe access for recovery. This is without prejudice to accrued charges and other rights.

13.5 The Hirer may not set off or withhold sums except where required by law or under a valid payment notice regime applicable to a construction contract.

14. Liability

14.1 Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot legally be excluded.

14.2 Subject to clause 14.1, MW&S is not liable for loss of profit, revenue, production, business, opportunity, contract, anticipated saving, use of other plant or facilities, standby or wasted labour and plant costs, business interruption, delay or disruption costs, a missed access or possession window, liabilities to third parties, or any indirect or consequential loss. This exclusion applies whether any such loss is alleged to be direct, indirect or consequential.

14.3 Subject to clause 14.1, MW&S’s aggregate liability arising from a Hire Contract shall not exceed the total hire charges paid or payable under that Hire Contract. Any allowance under clause 11 is included within, not additional to, this cap.

14.4 MW&S is not liable for the Hirer’s failure to select suitable Equipment, secure permits, provide adequate ground or access, comply with its statutory duties, protect the public or coordinate the task.

15. Termination and recovery

15.1 For an indefinite hire, either party may terminate on 7 Working Days’ written notice unless a different period is stated. A fixed hire ends on the confirmed date, but custody and charges continue until equipment is available for and completes collection.

15.2 MW&S may terminate immediately for overdue payment, material or repeated breach, unsafe or unlawful use, unauthorised movement or sub-hire, loss of insurance, insolvency or risk to Equipment or people.

15.3 On termination, MW&S or the owner may enter the Site at a reasonable time to recover Equipment. The Hirer shall procure access and must not obstruct recovery. Rights accrued before termination continue.

16. General

16.1 Neither party is liable for delay caused by events beyond reasonable control. This does not excuse payment already due or the Hirer’s continuing custody and security obligations.

16.2 Notices may be sent by hand, first-class post or email to the last notified contract address. Email is deemed received on the next Working Day if no delivery failure is received.

16.3 The Hirer may not assign or transfer the Hire Contract without MW&S’s written consent. MW&S may assign receivables and may use third-party owners, transport providers and competent Operators.

16.4 No failure to enforce a right is a waiver. Invalid provisions are severed without affecting the rest. No third party has rights under the Contracts (Rights of Third Parties) Act 1999, except a third-party owner may enforce clauses relating to its Equipment, loss, damage, insurance and recovery.

16.5 English law applies and the courts of England and Wales have exclusive jurisdiction. Where the Hire Contract is legally a construction contract, statutory adjudication and payment rights apply to the extent required by law.

Schedule 1 – Information required when booking

Approved MW&S account and valid purchase order or accepted written authority

Exact Site address, access route, contact and working hours

Task description, required working height/outreach and platform load

Number of persons, tools and materials in the platform

Ground conditions, gradients, voids and underground services

Overhead lines, structures, traffic, pedestrians and other hazards

Traffic management, permits, parking suspension and landowner permissions

Whether MW&S must supply only an Operator or any additional supervision/banksman

Required dates, shifts, inductions and PPE

For self-drive: operator qualifications, insurance and security arrangements

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