A Typical Form of Hiring Contract,
Page 12
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The Outcome of Experience by a Leading Haulage Company.
The following is a representative form of agreement for the hiring of a commercial motor. We comment upon the importance of the general conditions and terms of such a document elsewhere (page 63). Some users may, on perusal of the following clauses, think that they are strongly in favour of the contrator. In our experience, the contractor who is not reasonably protected cannot in practice render regular service. He in fact, soon finds himself unable to carry on. Certainty of service means satisfaction, and the likelihood of disputes is reduced by a well-thought-out agreement such as the one which follows hereunder in skeleton form.
MEMORANDUM OF AGREEMENT made this day of , One Thousand Nine Hundred and BETWEEN the MOTOR CARRYING CO., LTD., of , of the one part (herein after called the Contractors) and of (hereinafter tailed the Users) of the other ,part.
WHEREBY in consideration of the rent hereinafter reserved raid of the provisions and, stipulations hereinafter contained
I f IS HEREBY AGREED AS FOLLOWS :— 1. The Contractors agree to let and the Users agree to hire for the term of years from, the day of , One Thousand Nine Hundred and, motor vehicle specified in the accompanying schedule.
Th3 following Clauses relate to each vehicle 2. The Contactors shall, during this period, run the said vehicle, supply driver, petrol, lubricants, grease, all running stores, replacements and tires, and do all the necessary repairs to maintain it in good running order. 3. The Users shall pay the Contractors the sum of £ per for the vehicle as a minimum fo,r any dis tance run by it up to miles per week, and in
addition the sum of per mile for all mileage ,• exceeding miles per week. Settlements monthly.
4. The Contractors shall have the right to withhold the vehicle from service regularly on one working day in . every 'twenty-four (such day to be mutually deterMined), to enable them to examine the vehicle, and, if necessary, to make any adjustments or fit any new parts which they may consider desirable. 5. In the eirent of its being necessary for the Contractors to retain the vehicle for the purpose of repair or owing to breakdown or accident for a longer period than that specified in Clause 4, the Contractors shall, if able, supply to the Users another vehicle of similar capacity to take the place Of the one hired.
NOTWITHSTANDING the provisionaaof this Clause, IT IS HEREBY AGREED that the Users shall have DO right to claim for damages in respect of delay or detention of the vehicle for the purpose of overhaul or repair provided the Contractors shall have used all reasonable diligence and despatch in the execution of any work which may. have been necessary, nor shall the Contractors be responsible to the Users for any consequential damages whatever except for wilful neglect on their part.
6. The Contractors shall fit to the vehicle a suitable mileage recorder, and the mileage' recorded thereon is to fix the amount chargeable -under the provisions of Clause 3. The index of the meter shall be taken at the end of each day. A book shall also he kept by the Contractors in which they shall record the journeys actually performed by the vehicle and from such records the distances shill be estimated whenever the recorder may fail to record properly.
Contractors
7. The undertake to garage the vehicle proUsera
party and thoroughly to wash and clean it daily, and the 'driver is to be allowed a. reasonably sufficient time every day in the garage in which to clean, lubricate and generally attend to the mechanical parts of the vehicle. 8. The vehicle shall be driven only by the driver supplied by the Contractors. In the event of a driver being unable BIG
by reason of the Users' business to return to the usual garage on the same day upon which he NV a6 dispatched. therefrom the Users shall pay all reasonable out-ofpocket expenses for each night spent away including cost of garage, but the Users are not to be in any way responsible for any expensesof the driver arising from breakdown or accident to the vehicle.
9. The Contractors shall be responsible for all third-party claims arising out of damage to property_ or personal injury while the vehicle is under the control of their driver whether the same may occur in a public thoroughfare or on private property, and for any claim for injuries to the Contractors' servants for which the Users could be held legally responsible if suah men were actually in the Users' employ.' 10. Should the Contractors on any morning other than that mutually arranged for the periodicalexamination of the vehicle as provided in Clause 4 be unable to provide the vehicle by o'clock, the Contractors shall make an allowance of , and if the vehicle is subsequently employed by the Users on that day they shall be charged the mileage rates specified in Clause 3. 11. The hiring shall continue after the period mentioned in Clause 1 subject to one month's notice on either side. 12. Should the Contractors front any cause he unable to complete this Contract they shall nave the option of assigning it to
13. Accounts rendered monthly, payable on or before 14th of each month.
14. It is hereby agreed and declared that in the event of the Contractors being called upon by the Government or naval or military Authorities to release or otherwise part with any of their servants or ears or vehicles or spare parts or spirit or oils or any other things employed or used or required in connection with the carrying out of this Contract or any part thereof the users shall have no claim for compensation for delay in the carrying oat of this Contract or for the non-fulfilment of such part of the Contract as may be in course of performance by reason of such requirements as aforesaid, and it is further agreed that should there be a rise of over 10 per cent, on present cost of petrol to the Contractors the Users shall pay. such as an extra over the agreed sum per mile, this to be shown as a separate item on the account. • The Common Seal of, (the. Users of the vehicle) was affixed hereto in the presence of :
Directors.
Secretary.
1 Directors.
Secretary.
Gateshead "Police and Transport.
The Editor, THE COMMERCrAL Moron.
'[13881 Sir,—Do the police of England realize that there is a war on ? I recently had the doubtful pleasure. of sitting in Gateshead Police Court all day, over a trivial small ease—this is the second in the last two months, both of which were dismissed. Every day one hears the cry for men and still more men, yet four drivers, four mates, two, magistrates, one clerk (in uniform), three solicitors, four constabiits (all of military age), myself, and three other expert witnesses wasted a day, besides four steam wagons, which should have been engaged on hauling munitions.
Surely it is time the Home Secretary took the matter up and explained the law to the various magistrates' clerks and chief constables about the country !
The time I have wasted in police courts in the past18 years is appalling.—Yours faithfully, F. J. )3RETHERTON.
[We comment elsewhere (page Won this matter,—En.)