TERMS & CONDITIONS
of the Housing Grants , Construction and Regeneration Act 1996 or any amendment or reenactment thereof for the time being in force ; or shall do or cause to be done or permit or suffer any act or thing whereby the Owner ’ s rights in the plant may be prejudiced or put into jeopardy , this Contract may forthwith be determined by notice from the Owner to the Hirer ( notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature ). The Contract shall thereupon be deemed determined by reason of the Hirer ’ s breach and it shall be lawful for the Owner to retake possession of the said plant and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this Condition shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under the Contract or any of the Owner ’ s rights and remedies . In particular , without limitation , the Owner shall be entitled to claim the hire charges outstanding as at the date of determination of the hire under this clause , return transport charges under clause 31 , and damages for the Hirer ’ s actual or deemed breach of the Contract under this Clause .
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 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 . Clauses 1 ( d ) and ( e ), 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 plant hired for a minimum weekly or daily period shall be varied pro rata .
35 . DISPUTE RESOLUTION
( a ) If the original site is in England or Wales , the proper law of the Contract shall be English law . If the original site is in Scotland , the Contract shall in all respects be construed and operated as a Scottish contract , and shall be interpreted in accordance with Scots law . If the original site is in Northern Ireland , the proper law of the Contract shall be Northern Ireland law .
( b ) The Scheme for Construction Contracts contained in the Scheme for Construction Contracts ( England and Wales ) Regulations 1998 , or any amendment or re-enactment thereof for the time being in force , shall apply to the Contract . The person ( if any ) specified in the Contract to act as adjudicator may be named in the Offer . The specified nominating body to select adjudicators shall be the Construction Plant Hire Association acting by its President or Chief Executive for the time being . In paragraph 21 of the Scheme “ this paragraph ” shall be deleted and “ paragraph 20 ” substituted . ( c ) The Owner and the Hirer shall comply forthwith with any decision of the adjudicator ; and shall submit to summary judgment and enforcement ( and / or , under Scots law , shall consent to a motion for summary decree and submit to enforcement ) in respect of all such decisions ; in each case , without any defence , set-off , counterclaim , abatement or deduction . Where , under Scots law , the Owner , the Hirer , or the adjudicator , wishes to register a decision of the adjudicator for execution in the Books of Council and Session , any other party shall , on being requested to do so , forthwith consent to such registration by subscribing the decision before a witness .
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