CONSTANT POWER SOLUTIONS
TERMS AND CONDITIONS OF SALE
COMPLETE SET WARRANTY PERIOD
These terms and conditions of sale are applicable to diesel generators and associated products sold/supplied by Constant Power Solutions Ltd. In these terms and conditions the “Seller” or “CPS” means Constant Power Solutions Ltd, company number 08531944 with its registered office at Unit C4, Vivars Way, Selby, North Yorkshire, YO8 8BE, United Kingdom.
The ‘Buyer’ means the person, firm or company who buys or agrees to buy goods from the Seller as identified in the Buyer’s purchase order or email confirmation of order.
Agreement of Sale: Acceptance of any order by Seller from the Buyer is conditional on Buyer’s acceptance of the terms and conditions of sale contained herein, on any pages attached hereto, and in the Seller’s quotation or in the Seller’s acknowledgement of Buyer’s order, if any (the “Terms”). Any terms and conditions which accompany Buyer’s order which are inconsistent with these terms and conditions are rejected and shall have no effect. For the avoidance of doubt, any such Buyer terms will not be binding on Seller, or applicable to the sale and/or delivery of the products, parts or services referred to herein.
These Terms shall apply to the exclusion of any other terms and conditions howsoever referenced by the buyer. These Terms shall not create or give rise to any third party rights except to the extent expressly stated herein. The application of any legislation, including but not limited to the Contracts (Rights of Third Parties) Act 1999, giving to or conferring on third parties contractual or other rights in connection with this Agreement shall be excluded. No waiver, alterations, or modification of the provisions herein shall be binding on Seller unless agreed to in writing by a duly authorised representative of Seller. The waiver by either party of any breach of this Agreement shall not be deemed or construed as a waiver of any other breach, whether prior, subsequent or contemporaneous to these Terms.
The Seller, in its sole discretion, may assign or otherwise transfer or sub-contract any of its rights and obligations under these Terms in respect of any order placed by Buyer.
Prices and Payments: Prices shall be Seller’s listed price for the goods/products less any discount as notified in writing by Seller, plus Seller’s charges which include but are not limited to Freight, Insurance, banking charges, administration charges, all as is in effect on the date of dispatch of the goods and any costs resulting from Buyer-caused delays. Seller will invoice prior to production of goods a minimum of 25% of the total order value (such percentage to be agreed on a case by case basis but in the absence of agreement such percentage will be 25%). The Seller will issue a final balance invoice five (5) days before dispatch of goods. Goods will not be dispatched until such final invoice is paid in full. In the event of a Letter of Credit payment, the Seller will issue a pro forma invoice (“PI”) to the Buyer, the Buyer acknowledges that the Seller will only accept the Buyer’s order upon the Seller’s bank receiving a Letter of Credit (compliant with all relevant standards). Buyer shall pay to Seller, upon demand, a late payment charge equal to the current standard statutory late payment charge (or 8% per annum whichever is higher) on any amount unpaid on the due date.
Taxes: Seller’s prices do not include any sales, use, excise or other taxes which Seller may require to be pay in connection with filling any of Buyer’s orders. Buyer shall pay the amount of any applicable present or future tax as an additional charge or, in lieu thereof, Buyer shall provide Seller with a tax exemption certificate as applicable and acceptable to the relevant tax authorities. For those products sold EX-WORKS (EXW) on which value added tax has not been charged on the invoice, proof of export documents as required by the Seller (“Proof of Export”) must be provided to the Seller within such time as Seller specifies. If such Proof of Export is not provided within this period, Seller will invoice Buyer an additional amount to cover Seller’s value added tax liability.
Use of the products: Buyer is responsible for ensuring that the products purchased by them are used in accordance with the operating manuals supplied by Seller.
Warranty: Products (excluding engines and alternators) sold by Seller are internationally warranted for the shorter of 12 months or 1,000 (one thousand) hours from installation or 18 months from dispatch by the Seller. Buyer agrees that if the products are purchased for resale, Buyer shall make available to its customer at the time of resale a copy of such warranty and agrees to impose a similar obligation on its customers purchasing such products for resale. The products must be used in the manner represented to Seller in writing prior to Seller issuing an acknowledgement of order and in accordance with any specific instructions issued by the Seller and the operating manuals supplied by Seller. If no representation is made, generator sets will be deemed to be used in a standby mode and configuration. Such warranty is expressly in lieu of any other warranties, whether express or implied, including any warranty of suitability or fitness for a particular purpose. Remedies under such warranty are limited to the provision of material and services, as specified therein. Seller is not responsible for indirect or consequential losses and damages. Seller shall pass to Buyer the benefit and balance of any manufacturer warranty provided in respect of engines and alternators. Any warranty claims in respect of engines or alternators shall be made to the relevant manufacturer.
Claims and Liability: Seller’s liability for any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connection with, or resulting from any order accepted by Seller, or from the manufacture, sale, delivery, resale, repair or use of any products covered by or finished under such an order shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim. In no event shall Seller be liable for special, indirect or consequential damages. Save that nothing in these conditions shall have the effect of excluding or limiting Seller’s liability for death or personal injury resulting from Seller’s negligence or any other loss which cannot be limited by law. Any claims relating to missing parts must be raised in writing to Seller writing fifteen (15) days of Delivery.
The fulfilment of any order accepted by Seller is subject to strikes, labour disputes lockouts, accidents, fires, delays in manufacture or in transportation or delivery of materials, floods, severe weather or other acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller which have the effect of preventing the Seller from complying with its obligations under the Terms, , whether affecting Seller or Seller’s suppliers, and any such causes shall absolve Seller from any liability to Buyer until such time as the cause ceases to have such effect.
Changes: Seller may at any time, without notice, make changes to the specification or design of products where such change is required to ensure that the products conform with any applicable safety or other statutory requirements or where such changes do not materially affect their quality or performance. Delivery of such modified products shall constitute proper performance of the contract between the parties by Seller.
Delivery: Delivery will be made Ex Works Seller’s factory. All Delivery dates are approximate and time shall not be of the essence in relation to delivery dates. If at Buyers request, Delivery of products on an order accepted by Seller is delayed beyond the date products are ready for Delivery, Seller may require additional charges to be paid for storage and other reasonable expenses related to such delay.
Delays to Delivery and Cancellations: In the absence of other written agreement between Buyer and Seller governing cancellation, an order accepted by Seller may be cancelled by Buyer only upon written notice to Seller and payment of Seller’s restocking and cancellation fees. At Buyer’s request, Seller will furnish a statement of such cancellation charges that will be applicable prior to cancellation. Such cancellation and restocking fees shall be equal to 20% of the order value (excluding delivery to the extent Seller is able to cancel any shipping costs incurred on Buyer’s behalf). A customised product cannot be changed, modified or cancelled once the goods are on the production line and Buyer will be required to pay in full for such order subject to a reasonable reduction if Seller is able to sell the customised product to another customer.
Governing Law and Severability: The Terms shall be governed and construed under the laws of England and any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts. Should any provision of these Terms be or become invalid, illegal or unenforceable, the parties agree to attempt to substitute for it a valid, legal and enforceable provision which achieves the same aims. If such substitution is not possible, the relevant provision shall be deemed deleted. Any deletion or substitution shall not affect the validity or enforceability of the rest of these Terms.
Right to Terminate: Seller shall be entitled to cancel forthwith on written notice to Buyer and without any liability to Buyer any order for products presented to or accepted by Seller, if Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation or receiver is appointed over any property or assists of the Buyer or the Buyer ceases or threatens to cease carrying on business or is otherwise unable to meet its debts and obligations as they fall due.
TERMS AND CONDITIONS OF GENERATOR HIRE
(a) The “Contract” is the Contract between the Owner and the Hirer for the hire of Generator Equipment, which
incorporates the Offer and is governed by these conditions.
(b) The “Hire Period” shall commence from the time when the Generator Equipment leaves the Owner’s depot or place
where last employed and shall continue until the Generator Equipment is received back at the Owner’s named depot or
other agreed location. For the avoidance of doubt the Hire Period includes the time Generator Equipment is left on site
during a Holiday Period.
(c) The “Hirer” is the company, firm, person, Corporation or public authority taking the Owner’s Generator Equipment
on hire and includes their successors or personal representatives.
(d) “Holiday Period” covers any cessation of work over Easter, Christmas and the New Year; as well as any other Bank or
(e) “Offer” is the Owner’s offer to hire the Generator Equipment to the Hirer which will include details of the Generator
Equipment to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be
incorporated into the Contract.
(f) The “Owner” is Constant Power Solutions Limited and, where the context requires the company, firm or person who
is the ultimate owner of the Generator Equipment or the party who has hired the Generator Equipment (or part
thereof) to Constant Power Solutions Limited and includes their respective successors, assignees or personal
(g) “Generator Equipment” covers all classes of generator equipment, plant, or replacement plant, machinery, vehicles,
equipment, accessories, and any ancillary items, vehicles or equipment therefor, which the Owner agrees to hire to the
Hirer, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe
operation and routine inspection and maintenance of the Generator Equipment.
(h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm, on Friday allowing
a half-hour lunch break each day, unless otherwise specified in the Contract.
(i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday, unless otherwise specified in
2. EXTENT OF CONTRACT
No terms, conditions or warranties other than as specifically set forth in the Offer and/or any invoice shall be deemed to
be incorporated or to form part of the Contract or shall otherwise govern the relationship between the Owner and the
Hirer in relation to the hire of any particular Generator Equipment pursuant to the Offer. This excludes all other terms
or conditions which the Hirer may seek to apply under any order or acknowledgement or acceptance or similar
document and supersedes all prior negotiations, representations or agreements, whether written or oral unless and to
the extent that they are expressly accepted in writing and signed by the Owner. The Owner (as defined above) and the
Hirer do not intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third
Parties) Act 1999 by any person not a party to the Contract, except that a person who is a successor to or an assignee of
the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the
case may be).
3. ACCEPTANCE OF GENERATOR EQUIPMENT
Acceptance of the Generator Equipment on site implies acceptance of all terms and conditions herein unless otherwise
previously agreed in writing.
4. UNLOADING AND LOADING
The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for
unloading and loading of the Generator Equipment at the site; and any personnel supplied by the Owner for such unloading and / or loading shall be deemed to be under the direction and control of the Hirer. Such personnel shall for
all purposes in connection with their employment in the unloading and / or loading of the Generator Equipment be
regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) who shall be
solely responsible for all claims arising in connection with unloading and / or loading of the Generator Equipment by, or
with the assistance of, such personnel.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE: INSPECTION REPORTS
(a) Unless notification in writing to the contrary is received by the Owner from the Hirer in the case of Generator
Equipment supplied with an operator within four working days, and in the case of Generator Equipment supplied
without an operator within three working days, of the Generator Equipment being delivered to the site, the Generator
Equipment shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by
reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where
the Generator Equipment requires to be erected on site, the periods stated above shall be calculated from the date of
completed erection of Generator Equipment. The Hirer shall be responsible for the safe keeping of the Generator
Equipment, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the
manufacturer’s and / or the Owner’s recommendations, and its return on the completion of the Hire Period in equal
good order (fair wear and tear excepted).
(b) The Hirer shall at all times when hiring Generator Equipment without the Owner’s operator or driver take all
reasonable steps to keep himself acquainted with the state and condition of the Generator Equipment. If such
Generator Equipment is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer
shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising
(c) Any inspection report required under the relevant legislation, or a copy thereof, shall be supplied by the Owner, if
requested by the Hirer, and returned on completion of the Hire Period.
6. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Owner, his agents or his insurers to have access to the Generator
Equipment to inspect, test, adjust, repair or replace the same. So far as reasonably practicable the Hirer shall allow such
access during the Working Day.
7. GROUND AND SITE CONDITIONS
(a) The Hirer is deemed to have knowledge of the site or the property or land where the Generator Equipment is to be
delivered and the Hirer warrants that the condition of the site or place of delivery of the Generator Equipment is
suitable for the use of such Generator Equipment.
(b) If, in the opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the
Generator Equipment to work on, travel over, be transported over, be erected or dismantled on without timbers or
equivalent support, the Hirer shall supply and lay suitable footings or equivalent support in a suitable position for the
Generator Equipment to travel over, work on, be transported over, be erected or dismantled on, including for the
purpose of delivery and collection.
(c) Any material supplied by the Owner is provided solely to assist the Hirer under their duties within clause 7(b) and
expressly not to relieve him of his legal, regulatory or contractual obligations to ensure adequate stability of the
(d) The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above
ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements,
bridges, tunnels and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all
requirements of the relevant statutory authority or similar body.
8. HANDLING OF GENERATOR EQUIPMENT
a) When a driver or operator or any person is supplied by the Owner with the Generator Equipment, the Owner shall
supply a person competent in operating the Generator Equipment or for such purpose for which the person is supplied
and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all
purposes in connection with their employment in the working of the Generator Equipment be regarded as the servants
or agents of the Hirer (but without prejudice to any of the provisions of clause 13) and the Hirer shall be solely
responsible for all claims arising in connection with the operation of the Generator Equipment by the said drivers /
operators / persons.
(b) The Hirer shall not allow any other person to operate such Generator Equipment without the Owner’s prior written
(c) Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than
that for which they are supplied by the Owner unless previously agreed in writing between the Owner and the Hirer.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) Any breakdown or the unsatisfactory working of or damage to any part of the Generator Equipment must be notified
immediately to the Owner, and confirmed in writing. Any claim for breakdown time will only be considered from the
time and date at which written notification is received and acknowledged by the Owner.
(b) Full allowance for the hire charges set out in the Offer will be made to the Hirer for any stoppage due to breakdown
of the Generator Equipment caused by the development of either an inherent fault or a fault not ascertainable by
reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the
terms of the Contract.
(c) The Hirer shall not (except for the changing of any tyre and repair of punctures), repair, modify or alter the
Generator Equipment without the prior written permission of the Owner. The changing of any tyre and repair of
punctures are however the responsibility of the Hirer who should arrange for them to be changed / repaired. The Hirer
is responsible for all costs incurred in the changing or replacement of any tyre (which must be of an equivalent
specification) as approved by the Owner and for the repair of any puncture.
(d) The Hirer shall be responsible for all expense involved arising from any breakdown, unsatisfactory working of or
damage to any part of the Generator Equipment due to the Hirer’s negligence, misdirection or misuse of the Generator
Equipment, whether by the Hirer or his servants, and for the payment of hire at the idle time rate as defined in clause
25, during the period the Generator Equipment is necessarily idle due to such breakdown, unsatisfactory working or
damage. The Hirer is responsible for the cost of spares and / or repairs due to theft, loss or vandalism of the Generator
Equipment. The Owner will be responsible for the cost of repairs, inclusive of the cost of spares, to the Generator
Equipment involved in breakdown from all other causes.
10. OTHER STOPPAGES
No claims will be admitted (other than those allowed for under “Breakdown” (clause 9) or for “Idle Time” (clause 25), as
herein provided), for stoppages through causes outside the Owner’s control, including but not limited to bad weather
and / or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any Generator
Equipment from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Hirer shall be
responsible for the cost and expense of recovering any Generator Equipment from soft or unsuitable ground or a
11. LOSS OF OTHER GENERATOR EQUIPMENT DUE TO BREAKDOWN
Each item of Generator Equipment specified in the Contract is hired as a separate unit and the breakdown or stoppage
of one or more units (whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of Generator Equipment
working in conjunction therewith, provided that where two or more items of Generator Equipment are expressly hired
together as a unit, such items shall be deemed to be one unit for the purpose of breakdown.
12. LIMITATION OF LIABILITY
Except for liability on the part of the Owner which is expressly provided for in the Contract (including these clauses):
(a) the Owner shall have no liability or responsibility for any loss, or damage of whatever nature due to or arising
through any cause beyond his reasonable control;
(b) subject to clause 12 (e), the Owner’s liability for any claim of any kind, including claims for negligence, or for any loss
or damage arising out of or connection with the Contract or the Generator Equipment shall not exceed the charges paid
or payable at the time of the circumstances giving rise to such claim.
(c) the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the
Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not
limited to negligence) in connection with the hire, for any of the Hirer’s loss of profit, loss of use of the Generator
Equipment or any other asset or facility, loss of production or productivity, loss of contracts with any third party,
liabilities of whatever nature to any third party, and / or any other financial or economic loss or indirect or
consequential loss or damage of whatever nature; and
(d) whenever the Contract (including these clauses) provides that any allowance is to be made against hire charges, such
allowance shall be the Hirer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance,
and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the
allowance in question had not been made.
(e) For the avoidance of doubt, nothing in these conditions limits or seeks to exclude the Owner’s liability for claims of
death or personal injury caused by the Owner’s negligence, fraud or for any other liability for which it is not permitted
to seek to limit or exclude by operation of law.
13. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
(a) For the avoidance of doubt it is hereby declared and agreed that nothing in this clause affects the operation of
clauses 4, 5, 8 and 9 of these conditions.
(b) For the duration of the Hire Period (which for the avoidance of doubt includes the time Generator Equipment is left
on site during a Holiday Period) the Hirer shall, subject to the provisions referred to in sub paragraph (a) make good to
the Owner all loss of or damage to the Generator Equipment from whatever cause the same may arise, fair wear and
tear excepted, and except as provided in clause 9 herein, and shall also fully and completely indemnify the Owner and
any personnel supplied by the Owner in respect of all claims by any person whatsoever for injury to person or property
caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the
Generator Equipment during the continuance of the Hire Period, and in connection therewith, whether arising under
statute or common law. In the event of loss of or damage to the Generator Equipment, hire charges shall be continued
at idle time rates as defined in clause 25 until the settlement has been agreed. Payment of the settlement must be
made within 21 calendar days of the date of the agreement or idle time charges can be reinstated from the date of that
agreement. Should idle time charges be re- instated, the agreed settlement figure remains payable in full.
(c) Notwithstanding the above the Hirer shall not be responsible for damage, loss or injury:
(i) prior to delivery of any Generator Equipment to the site (or, where the site is not immediately adjacent to a highway
maintainable at the public expense, prior to its leaving such highway) where the Generator Equipment is in transit by
transport of the Owner or as otherwise arranged by the Owner, (ii) during the erection and / or dismantling of any Generator Equipment where such Generator Equipment requires to
be completely erected / dismantled on site, provided always that such erection / dismantling is under the exclusive
control of the Owner or his agent,
(iii) after the Generator Equipment has been removed from the site and is in transit on a highway maintainable at the
public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense after it
has joined such highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner,
(iv) where the Generator Equipment is travelling to or from a site on a highway maintainable at the public expense (or,
where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after
its joining such highway) under its own power with a driver supplied by the Owner.
14. NOTICE OF ACCIDENTS
If the Generator Equipment is involved in any accident resulting in injury to persons or damage to property, immediate
notification must be given by the Hirer to the Owner by telephone and confirmed in writing to the Owner no later than
24 hours after such telephone notification. In relation to any claim in respect of which the Hirer is not bound to fully
indemnify the Owner, no admission of liability, offer, promise of payment or indemnity shall be made by the Hirer
without the Owner’s prior written permission.
15. RE-HIRING ETC.
Neither the Generator Equipment nor any part thereof shall be re-hired, sub- let, or lent to any third party without the
prior written permission of the Owner.
16. CHANGE OF SITE
The Generator Equipment shall not be moved from the site to which it was delivered or consigned without the prior
written permission of the Owner.
17. RETURN OF GENERATOR EQUIPMENT FOR REPAIRS
If during the Hire Period the Owner decides that urgent repairs to the Generator Equipment are necessary then the
Owner may arrange for such repairs to be carried out on site or at any location of his nomination. In the event that
urgent repairs to the Generator Equipment are necessary the Owner shall be obliged to replace the Generator
Equipment with similar Generator Equipment if available, the Owner (but without prejudice to any of the provisions of
clauses 9 and / or 13) paying all transport charges involved. In the event of the Owner being unable to replace the
Generator Equipment the Owner shall be entitled to terminate the Contract forthwith (but without prejudice to any of
the provisions of clauses 9 and / or 13) by giving written notice to the Hirer. If such termination occurs:
(a) within three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the
provisions of clauses 9 and / or 13) shall pay all transport charges involved, or,
(b) more than three months from the commencement of the Hire Period, the Owner (but without prejudice to any of
the provisions of clauses 9 and / or 13) shall be liable only for the cost of reloading and return transport.
18. BASIS OF CHARGING
(a) The Hirer shall render to the Owner for each Working Week an accurate statement of the number of hours the
Generator Equipment has worked each day. When any personnel, operator or driver is supplied by the Owner, the Hirer
shall sign their time record sheets. The signature of the Hirer’s representative shall bind the Hirer to accept the hours
shown on the time records sheets.
(b) Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver
or operator supplied by the Owner except where breakdown is due to acts or omissions of third parties and / or the
Hirer’s misuse, misdirection or negligence, subject however to the provisions of clause 8 of these conditions.
(c) Breakdown time in respect of such periods shall be allowed for not more than the Working Day less the actual hours
(d) Generator Equipment shall be hired out either:
(i) for a stated minimum number of hours per Working Day or per Working Week or,
(ii) without any qualification as to minimum hours. Odd days at the beginning and at the end of the Hire Period shall be
charged pro rata.
(e) Stoppages due to changing of tyres and repairs to punctures will be chargeable as working time up to a maximum of
2 hours for any one stoppage and any excess will be charged for at the appropriate idle time rates.
(f) In the case of Generator Equipment which is required to be dismantled for the purpose of transportation, if the
Owner agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon
completion of the Hire Period, such modification of the hire charge and the Hire Period for which it shall apply shall be
stated in the Offer / Contract.
19. GENERATOR EQUIPMENT HIRED ON A DAILY BASIS WITHOUT QUALIFICATION AS TO HOURS
The full daily rate will be charged on a daily basis irrespective of the hours worked except in the case of breakdown for
which the Owner is responsible, when the actual hours worked will be charged pro rata of the average Working Day. No
hire charge shall be made for Saturday and / or Sunday unless the Generator Equipment is actually worked.
20. GENERATOR EQUIPMENT HIRED BY THE WEEK OR MONTH WITHOUT QUALIFICATION AS TO HOURS
The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of
breakdown for which the Owner is responsible when an allowance pro rata of the agreed weekly rate or pro rata of the
agreed monthly rate will be made for each full Working Day broken down calculated to the nearest half Working Day.
21. GENERATOR EQUIPMENT HIRED BY THE WEEK OR THE HOUR FOR A MINIMUM OF 39 HOURS PER WEEK
The full hire for the minimum period in the Contract will be charged and an additional pro rata charge will be made for
hours worked in excess of such minimum period. Allowance will be made for breakdowns up to 8 hours except on
Fridays when the allowance will be up to 7 hours providing always that where the actual hours worked are in excess of
the minimum period less breakdown time, the actual hours worked shall be chargeable. Idle time for this purpose shall
be treated as actual working time. The minimum Working Week of 39 hours shall be reduced by 8 hours Monday to
Thursday and 7 hours Friday for each Holiday Period occurring in such Working Week, provided that the Generator
Equipment is not in use during such Holiday Period.
22. “ALL-IN” RATES
Where “All-In” rates are charged by agreement the minimum period shall be as defined in the Contract and in
accordance with the hire rates and terms contained therein, subject to the provisions of clause 26.
23. COMMENCEMENT AND TERMINATION OF CONTRACT (TRANSPORT OF GENERATOR EQUIPMENT)
(a) The Hire Period shall commence from the time when the Generator Equipment leaves the Owner’s depot or place
where last employed and shall continue until the Generator Equipment is received back at the Owner’s named depot or
other agreed location but an allowance shall be made of not more than one day’s hire charge each way for travelling
time. If the Generator Equipment is used on the day of travelling, full hire rates shall be paid for the period of use on
that day. If more than one day is properly and unavoidably occupied in transporting the Generator Equipment, a hirecharge at idle time rates shall be payable for such extra time, provided that where Generator Equipment is hired for a
total period of less than one Working Week, the full hire rate shall be paid from the date of despatch to the date of
return to the Owner’s named depot or other agreed location.
(b) If the Generator Equipment is not made available for collection as agreed between the parties, such Generator
Equipment shall be deemed with immediate effect to be placed back on hire. The Hirer shall be responsible for the
safekeeping of the Generator Equipment in accordance with clause 13, and for all the reasonable costs and expenses
incurred by the Owner in seeking to collect such Generator Equipment.
(c) Upon the completion of the Hire Period, the Hirer shall clean and where necessary, decontaminate the Generator
Equipment. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be liable
for any costs, liabilities and expenses incurred by the Owner should the Hirer fail to comply with this clause.
24. HIRER’S LIABILITY DURING THE NOTICE OF TERMINATION OF CONTRACT
a) Where the Hire Period is indeterminate or having been defined becomes indeterminate the Contract shall be
terminable by seven days notice in writing given by either party to the other except in cases where the Generator
Equipment has been lost or damaged. Notwithstanding that the Owner may have agreed to accept less than 7 days
notice of termination, the Hirer’s obligations under clause 13 shall continue until the Generator Equipment is returned
to the Owner in accordance with clause 31 or until the Owner has collected the Generator Equipment within the 7 days
following the acceptance of short notice. Oral notice given by the Hirer to the Owner’s driver or operator shall not be
deemed to constitute compliance with the provisions of this clause.
b) Without prejudice to clause 24(a), should the Hirer fail to make the Generator Equipment available for collection by
the Owner before the end of the 7 day notice, the Hirer’s obligations under clause 13 shall continue for a further 3 days
or until such time as the Generator Equipment is made available for collection and the Owner has collected the
Generator Equipment. For the avoidance of doubt, where the Hirer gives a notice pursuant to clause 24(a) but
subsequently and with the consent of the Owner, withdraws such notice, the obligations of clause 13 shall continue to
apply and the requirements of clause 24 will apply to any later termination of the Contract.
c) If the Hirer terminates the Contract before the Hire Period commences, then the Hirer is liable for all reasonable costs
and charges incurred by the Owner or to which the Owner is committed at the time of termination.
25. IDLE TIME
When the Generator Equipment is prevented from working for a complete Working Week, the hire charges shall be two
thirds of the hire rate or such other idle time rate as is agreed in writing by the Owner for the period during which the
Generator Equipment is not in use. If the Generator Equipment works for any time during the Working Day then the
whole of that Working Day shall be charged as working time. In any case no period less than one Working Day shall be
reckoned as idle time save for as provided for in clause 18(e). Where an “All-In” rate is charged, idle time is calculated
on the machine element only. Full rate will be charged for the operator.
26. WAGES AND OTHER CHARGEABLE ITEMS RELATING TO DRIVERS AND OPERATORS OF GENERATOR EQUIPMENT
All chargeable items shall be paid by the Hirer at the rates set out in the Contract save that any subsequent increases
before and / or during the Hire Period arising from awards under any wage agreements and / or from increases in the
Owner’s statutory contribution shall be charged as additions at cost by the Owner and shall be admitted and paid by the
27. TRAVELLING TIME AND FARES
Travelling time, fares and similar expenses for drivers, operators and any person supplied by the Owner, incurred at the
beginning and end of the Hire Period and where appropriate return fare of the driver, operator and any person supplied
by the Owner to his home will be chargeable at cost. No charge shall be made by the Owner for any such expenses incurred by other employees of the Owner for the purpose of servicing, repair or maintenance of Generator Equipment,
unless necessitated by the Hirer’s negligence, misdirection or misuse of the Generator Equipment.
28. FUEL, OIL AND GREASE
Fuel, oil and grease shall, when supplied by the Owner, be charged at net cost or an agreed estimate of net cost, and
when supplied by the Hirer, shall be of a grade or type specified by the Owner. The Hirer shall be solely responsible for
all damages, losses, costs and expenses incurred by the Owner if the Hirer uses the wrong fuel, oil or grease.
29. SHARPENING OF DRILLS/STEELS ETC.
The cost of re-sharpening or replacement of drill bits, blades and other ancillary items shall be borne by the Hirer.
30. OWNER’S NAME PLATES
The Hirer shall not remove, deface or cover up the Owner’s name plate or mark on the Generator Equipment indicating
that it is his property, without the prior written permission of the Owner.
The Hirer shall pay the cost of and if required by the Owner, arrange transport of, the Generator Equipment from the
Owner’s depot or other agreed location to the site and return to the Owner’s named depot or other agreed location on
completion of the Hire Period.
32. GOVERNMENT REGULATIONS
a) The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorities,
including regulations under the Environmental Acts, Factories Acts, Health and Safety at Work, etc. Act and observance
of the Road Traffic Acts should they apply, including the cost of road fund licences and any insurances made necessary
thereby, save that if and during such time as the Generator Equipment is travelling, whether for full or part journey
from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the
Hirer shall be responsible as aforesaid.
b) The Hirer shall indemnify the Owner against any charges or fines that the Owner may become liable for as a result of
the operation of the Generator Equipment during the Hire Period.
33. PROTECTION OF OWNER’S RIGHTS
(a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the
Generator Equipment except as provided under clause 15 and shall protect the same against distress, execution or
seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result
of any failure to observe and perform this condition except in the event of Government requisition.
(b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following
(i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Generator Equipment or other
charges payable pursuant to these conditions;
(ii) The Hirer fails to observe and perform the terms and conditions of the Contract;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied
against him;(iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning
of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment
thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Generator
Equipment may be prejudiced or put into jeopardy.
(c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents,
immediate unobstructed access to recover the Generator Equipment.
(ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this
clause and return transport charges under clause 31.
(d) The rights under sub-paragraph (b) and (c) above:
(i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or
a like nature.
(ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the
Contract as a debt.
(e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has
the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised
without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance,
stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance
will cease when the Hirer makes payment in full of the amount due.
34. CHANGES IN NORMAL WORKING WEEK
The foregoing provisions have been framed upon the basis of the Hirer working a 5-day week of 39 hours; it is hereby
agreed that in the event of:
(a) there being any agreed change in the normal weekly hours in the industry in which the Hirer is engaged or,
(b) the Contract being made with reference to a 5 day week of other than 39 hours, then
Clauses 1(h) and (i), 18(c) and (d), 20 and (in regard to breakdown allowance and reduction for statutory holidays) 21
shall be deemed to be modified conformably and in the event of an alteration in the normal weekly working hours in
the said industry the “Hire Rates and Terms” of Generator Equipment hired for a minimum weekly or daily period shall
be varied pro rata.
35. DISPUTE RESOLUTION
This Contract shall be governed shall be governed and construed under the laws of England and any dispute arising
under these Terms shall be subject to the exclusive jurisdiction of the English courts.
36. LATE PAYMENTS
The Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the Late
Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.
If any of these clauses are held to be unlawful, void or unenforceable, then that clause will be deemed severable and
will not affect the validity and enforceability of the remaining clauses, to the extent permitted by law.
CPS Generators are warranted for 12 months or 1000hrs from date of installation or 18 months or 1000hrs from dispatch (whichever comes soonest), exclusive of the engine, alternator and consumable parts (Please refer to warranty exclusions for list of consumable parts).
IMPORTANT INFORMATION – WARRANTIES
Direct/End User Customers (‘End User’):
This warranty information is in relation to CPS supplying the diesel generator direct to the end user, in the UK only. In the event of a product failing please contact CPS. CPS will issue a ‘Warranty Report Form’ to be completed. Please note all sections of the Warranty Report Form need to be completed in full. If a manufacturing fault is established (and the ‘End User’ has complied with the terms and conditions outlined in this page and the use instructions in the operation manual) and this cannot be solved at site by the ‘End User’, CPS will book a site visit with a repair agent.
Please ensure you have a copy of the original invoice, completed ‘Warranty Report Form’ and photographs of any defective parts, to be shown to CPS’s repair agent at its location.
Please note if the fault is established to be non-warranty or the product is found to be out of warranty (either by virtue of effluxion of time or by virtue of user instructions not being followed) charges will apply.
*On Site Repairs: £55 per hour (ex vat), charges start from CPS engineer leaving home and arriving home. Mileage charged at 0.55p per hour.
**Parts charged separately.
All repairs are carried out within a reasonable period of time; however, the End User will be responsible for providing access on a flexible basis.
Dealer/ Reseller/ Supplier (‘Dealer’):
This warranty information is in relation to CPS supplying the diesel generator to an end user, via a Dealer/Reseller (“Dealer”) or Supplier of CPS branded generators for goods supplied in the UK. In the event of a product failing please contact CPS. CPS will issue a ‘Warranty Report Form’ to be completed. Please note all sections of the Warranty Report Form need to be completed in full. If a manufacturing fault is established (and the End User has complied with the terms and conditions outlined in this page and the use instructions in the operation manual), CPS will provide the Dealer with a replacement part and it is the Dealer’s responsibility to repair the generator. If CPS requests a faulty part to be returned to them, once CPS receives the faulty part CPS’s engineers will test the part. If the part is found to be faulty due to a manufacturing defect, CPS will refund the cost of postage. If the fault cannot be rectified on site by the Dealer, CPS will book a site visit with a repair agent.
Please ensure there is copy of the original invoice, completed ‘Warranty Report Form’ and photographs of any defect parts, to accompanying your product at its location.
Please note if the fault is established to be non-warranty or the machine is found to be out of warranty charges will apply.
*On Site Repairs: £55 per hour (ex vat), charges start from CPS engineer leaving home and arriving home. Mileage charged at 0.55p per hour.
**Parts charged separately.
All repairs are carried out within a reasonable period of time; however, it is of the expectation that the ‘End User’ will provide flexible call out times.
Providing the terms and conditions in this page have not been breached, CPS will reimburse the Dealer any labour costs, providing CPS agree that the fault is a manufacturing fault. It is the Dealer’s responsibility to agree labour rates with CPS, prior to visiting site. If labour rates have not been agreed, then the default reimbursement amount will be £12.50 per hour, excluding fuel and VAT.
Agreeing labour rates – This agreement must be in writing and signed by a CPS company director or the CPS After Sales Manager.
OEM Reseller/Dealer/Supplier (‘OEM’):
This warranty information is in relation to an ‘OEM’ customer, supplying CPS manufactured goods to customers based in the UK and customers who re-export, without the CPS Logo.
CPS supply after sales or warranty support to OEM customers, however the support is limited to a parts supply service only, as outlined below-
Parts Supply Service-
In event of a product failing please contact CPS. CPS will issue a Warranty Report Form to be completed. Please note all sections of the Warranty Report Form’ need to be completed in full.
If a component is deemed as faulty, the OEM customer must return the part to CPS, then CPS will issue an invoice for the replacement part, at cost price, plus postage. The invoice must be paid in full before CPS dispatch the part to the designated address.
CPS does not cover the cost of repairs, parts, call-out, labour, postage costs, or any other costs in relation to repairing the faulty goods.
International Customers (‘International’):
This warranty information is in relation to CPS supplying the diesel generator to an international Buyer, based outside of the UK. In the event of a product failing please contact CPS. CPS will issue a Warranty Report Form to be completed.
Please note all sections of the Warranty Report Form need to be completed in full.
CPS supply after sales or warranty support to international customers, however the support is limited to a parts supply service only, as outlined below-
If a component is deemed as faulty, the customer must return the part to CPS, CPS will then test the faulty part. If the part has been confirmed faulty, CPS then free issue the replacement part, including postage and post to the designated address.
CPS does not cover the cost of repairs, call-out, labour, or any other costs in relation to repairing the faulty goods.
ON-SITE MAINTENANCE AND COMMISSIONING
Prior to the pre-arranged date and time of maintenance/commissioning, it is the responsibility of the Buyer and/or End User to ensure the checklist provided by CPS (with the delivered goods) has been adhered to and that the site and generator set is prepared and ready for the scheduled service/commissioning.
In the event that the requirements of the site have not been met or are deemed by the CPS engineer to be unsuitable, the CPS engineer may, at their discretion and when reasonably possible to allow, give one hour for corrections to be made, if this is warranted and achieved, the scheduled work will continue. If the site is not made suitable, the scheduled work will be aborted and the fees to paid for the visit will be charged in full. In the event that this has been pre-paid, no refunds will be granted.
• Any product which has not been operated or serviced strictly in accordance with the operation manual.
• Any product which has not been operated or serviced strictly in accordance with the OEM operation manual.
• Any product which has been damaged in transit.
• Any parts affected, damaged, or depreciated by misuse, abuse, improper maintenance, neglect, use of unsuitable attachments or none genuine parts, ordinary wear & tear, rust or corrosion, inadequate transportation, accident, or serviced by an unauthorised facility.
• Consumable parts, such as filters, belts, recoil & spring, packing, fuses, brushes, batteries, lubricant, protective zinc coat, thermostat, spark plug, AVR’s (Automatic Voltage Regulators), capacitors and circuit breakers are also not covered under this warranty.