CABER-M 187 Higher Lane Rainford WA11 8NF TEL: 0845 890 5577 FAX: 01744 884570 MOBILE:

07894 108 049

FAX
COMPANY NAME: FOR THE ATTENTION OF: OUR REF: NO OF PAGES INCLUDING FRONT: DATE: FROM: SUBJECT: DAC HANDLING COMPANY DAVE CHADWICK CABM/713 4 21/11/2012 MELANIE WAGSTAFF

Casual Hire Contract

MESSAGE:PLEASE COMPLETE THE ATTACHED CASUAL HIRE CONTRACT AND RETURN IT TO THE FAX NUMBER DETAILED ABOVE. PLEASE NOTE: IT IS THE CUSTOMER/HIRERS OWN RESPONSIBILITY TO NOTIFY CABER-M WHEN A HIRE IS TO BE TERMINATED. INSURANCE OF THE MACHINERY IS ENTIRELY THE CUSTOMER/HIRERS RESPONSIBILITY; THE HIRER AGREES TO PAY FOR ANY DAMAGE OR LOSS ARISING FROM AN ACCIDENT, THEFT OR ANY CAUSE DURING THE HIRE PERIOD. MANY THANKS

KIELDER (NW) LIMITED T/A CABER-M 187 HIGHER LANE, RAINFORD, ST HELENS, WA11 8NF.

SHORT TERM HIRE CONTRACT

HIRER: DAC HANDLING COMPANY Unit 12, Douglas Mill Bradley Lane Standish WN6 0XF. DATE: OUR REF: ORDER #: 21/11/2012 CABM-713 DAVE CHADWICK.

We thank you for your valued Order for the hire of the following equipment on the Terms and Conditions endorsed herein. Acceptance of the equipment on site implies acceptance of all the terms and conditions stated therein.

DESCRIPTION OF EQUIPMENT:
Fleet No: CABM-713 Capacity: 1800KG NOMINAL Lift Height: 4500MM THREE STAGE Closed Height: TBC Battery Equipment: N/A Hour Meter Reading: 6877 Hire Rate per 20 hour week: 60.00 (No maintenance) Transport Charge per Journey: Customer to collect Hiring Period From: 21/11/2012 Serial #: 050507552 Make: SAMUK Model: H18D Power: DIESEL Tyres: PSS Attachments: SIDESHIFT Forks: 1100MM Fuel: N/A Hiring Period To: To be terminated at any time.

Value of Equipment for Insurance: 12,000.00 Delivery Address if different from above: EXCESS HOURS:
Redrose Pallet and Case Ltd Permitted Hours 20 per item of goods. Greenbank Works Raikes Lane Industrial Estate Excess Hours Charge N/A per item of goods plus C/O Cambrian Works VAT. Bolton NOTES: Please read clause 7 Hirers liability for maintenance, loss or damage. The Hirer must cover by insurance the indemnity gi ven hereby and confirm the same to the owner in clause 10. We acknowledge receipt of this contract and hereby confirm the same in accordance with the Terms and Conditions therein.

For and on Behalf of the Hirer: Signature: NOTE:

Full Name of Signatory: Position in Company: ALL FORKLIFT OPERATORS MUST BE QUALIFIED
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TERMS AND CONDITIONS 1. ACCEPTANCE The Hirers order whether verbal or in writing, for the supply of the Plant specified in this contract shall be constructed a s an expressed acceptance of all the terms of this contract and in so far as an y of the Hirers order may be inconsistent therewith the terms of this contract shall prevail. DELIVERY a). Kielder (NW) will deliver the Plant to the Hirers premises at the commencement of the hire and will collect on expiry. Kielder (NW) will make a charge for this service which will be payable in addition to the hire rate. b). Unless the Hirer notifies Kielder (NW) to the contrary within 12 hours of the Plant arriving at the Hirers site, it will be deemed to be delivered in good condition and to the Hirers satisfaction. COMMENCEMENT OF HIRE a). The hire shall commence upon the Plant leaving Kielder (NW) depot and shall terminate upon its return to the depot, or to such premises as Kielder (NW) may direct in writing. b). Charges shall occur from day to day. The day the Plant leaves the depot and the day the Plant is returned shall each be treated as full days for the purpose of calculating the hire charges payable. METHOD OF PAYMENT Charges shall be payable within 28 days from the date of invoice or monthly in advance or by direct debit. Kielder (NW) reserves the right to charge interest at a rate of 3% per annum above Barclays Bank rate from time prevailing on all overdue accounts until payment is made in full. ADJUSTMENT OF HIRE CHARGES Kielder (NW) reserves the right to vary the Hire Charge at any time on giving 48 hours prior written notice to the Hirer, unless on a one year contract. KIELDER (NW) OBLIGATIONS To ensure satisfactory performance of the Plant, Kielder (NW) undertake to: a). Service the Plant. b). Repair or replace any item of Plant failing in normal use. CUSTOMER/HIRER OBLIGATION To assist Kielder (NW) in keeping the Plant in good condition the Customer/Hirer undertakes to: a). Carry Out the following routine maintenance. 1. Lubrication. 2. Maintain the battery in accordance with Kielder (NW) specific recommendation. 3. Repair of punctures. 4. KEEP: (i) The tyres correctly inflated (ii) The engine sump, hydraulic tank and cooling system filled to the specific levels. (iii) Anti freeze (iv) The plant reasonably clean. 5. Such other routine checks as may be recommended by Kielder (NW) from time to time. b). Ensure that the plant is only used by trained competent staff and for the purpose for which it was designed or is reasonably suitable. c). Take all responsible precautions to protect the Plant from the weather and adverse operating conditions and to safeguard it against theft, loss or damage from whatsoever cause. d). Afford Kielder (NW) or its representative access and reasonable facilities to inspect, service, repair or replace the Plant during Kielder (NW) normal business hours. So far as possible such work shall be carried out at times to suit the convenience of the customer. e). Notify Kielder (NW) of all breakdowns or unsatisfactory working of any Part of the plant as soon as possible and not to attempt repairs without Kielder (NW) prior authority. Any claim for breakdown allowance will only be considered from the time such notice is received. f). Ensure that the Plant is suitable for the Customer/Hirers purposes since Kielder (NW) gives no condition or warranty that the Plant is suitable or fit for the Customers purposes. g). Pay to replace tyres if worn out. h). Pay to replace forks if worn or damaged. ALLOWANCES Subject to clause 7 allowances will be given for any non use of the Plant which in the opinion of Kielder (NW) is due to breakdown caused by inherent faults, wear and tear or negligent of faulty repair carried out by Kielder (NW), excluding stoppages for normal maintenance and servicing. No allowance will be made for non-use for any other reason. CHANGES OF SITE The plant may not without Kielder (NW) prior written consent a). Be moved from the premises to which it was delivered b). Be used on the public highway c). Be used for an application other than that for which it was supplied 3

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10. LIABILITIES FOR LOSS, DAMAGE OR INJURY a). Kielder (NW) accepts no liability under any circumstances for any loss of profit, business or production or any similar loss or damage, whether direct, indirect or consequential, however caused. b). The customer accepts full responsibility for and shall indemnify Kielder (NW) against all risks other than those set out in 10a in respect of the Plant including (i) Loss or damage to the plant for any other reason. In case of loss of the Plant the Customer will pay Kielder (NW) the full replacement value of such plant. (ii) Loss of or damage to property and injury to any person for any reason. The customer shall insure the above risks with a reputable insurance company, shall ensure that the policy is noted with Kielder (NW) interest in the Plant and shall produce with the latest premium to Kielder (NW) on request. c). In addition to the obligations of the customer under 10c above the customer should also pay the following: (i) Where any item of plant is lost, stolen or destroyed by the customer shall pay to Kielder (NW) on demand a sum equivalent to any hire rate due and payable plus the balance of the hire rate due until expiry of the earliest date on which the contract could have been lawfully terminated less any allowance determined by Kielder (NW) in respect of maintenance costs which will not be incurred over the unexpired period of the contract and less an amount for accelerated payment of the hire rate. (ii) Where any item of Plant is damaged (other than by normal wear and tear) so as to be incapable of economic repair the customer shall pay to Kielder (NW) on demand any hire rate due and payable plus the balance of the hire rate due until expiry of the earliest date on which the contract could have been lawfully terminated less the value, if any, of the damaged Plant less an allowance to be determined by Kielder (NW) in respect of the maintenance costs which will not be incurred over the unexpired period of the contract and less an amount for accelerated payment of the hire rate. On the occurrence of any other events referred to in 10c, 10d (i) or (ii). Kielder (NW) shall be under no obligation to supply replacement Plant. Any replacement will be supplied on a separate contract to be negotiated at the time. GENERAL a). The Plant remains the property of Kielder (NW) but shall at all times after delivery to the Customers premises (except where being serviced or repaired by Kielder (NW) be under the Customer/Hirers control and operated by the Customer/Hirers servants or agents. The operator of the Plant shall at all times be the servant or agent of the Customer /Hirers and shall not in any circumstances be the servant or agent of Kielder (NW) for any purpose whatsoever. b). The customer shall not sell, mortgage, pledge, underlet or otherwise part with possession of the Plant or any part of it not assign the benefit of this contract without the written permission of Kielder (NW). c). Neither Kielder (NW) nor manufacturers plates may be removed, altered, mutilated or obliterated. FORCE MAJEURE Although Kielder (NW) will make every reasonable effort to discharge its obligations under this contract in a prompt and efficient manner, it does not accept responsibility for failure or delay caused by circumstances beyond its immediate control. If any such circumstances occur, Kielder (NW) will discharge its obligations as soon as such circumstances have ceased to affect its operation. TERMINATION OF CONTRACT a). Where no fixed period of hire is agreed either party may terminate the hire at any time giving the other 7 days written notice. b). If any payment of the charges shall be overdue for 10 days. (Whether legally demanded or not), or if the Hirer shall die or become bankrupt or shall enter into any composition with creditors or being a company shall have a receiver or a receiver and manager appointed or shall go into liquidation whether voluntary or compulsory (other than the purpose of amalgamation or reconstruction), or if the Hirer shall suffer any distress or process of execution to be levied on its goods or shall fail to observe any Terms and Conditions herein contained. Kielder (NW) may at any time take possession of the Plant (for which purpose the Hirer hereby authorises Kielder (NW) to enter any premises in the occupation or under the control of the Hirer) and terminate this Contract but without prejudice to Kielder (NW) rights in respect of any breach of the terms and conditions of this contract or to any areas of hire charges accrued due before re-possession. CONCESSIONS Any time or other indulgence granted by Kielder (NW) shall not affect the strict rights of Kielder (NW) under this contract. JURISDICTION Except for the provision whereunto this contract shall be governed by the laws of England and all disputes arising out of or in connection with this contract shall be decided by the English Courts provided that where the Customer is trading solely in Scotland Kielder (NW) reserves the right to pursue its claim under Scottish Law and in the Scottish Courts The Terms and Conditions herein apply except where Kielder (NW) and the Customer / Hirer have entered into other written Terms and Conditions relating to the Plant listed on page two of this contract.

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