Draft Template – Subrogation Waiver to be used in conjunction with The CPA Model Conditions for the Hiring of Plant (Excluding Crane Hire)

We confirm that we have insurance cover that protects us against loss or damage to the hired-out plant and equipment, loss of hire charges while plant is unavailable as a result of loss or damage, our legal liability to employees and third parties, subject to the terms and conditions of our policies for the following limits:

Indemnity2, 3 Excess

1. Hired-out Plant and Equipment1 - -

2. Employers’ Liability1 - -

3. Public Liability1 - -

4. Loss of Hire Charges1 - -

[In return for the payment of £______

And/Or4

In return for ______% of the invoice amount]

We will arrange for you to be given an interest in the relevant policy or policies in respect of the above covers and within the above financial parameters. Although you will not be a party to our insurance policy and will not have any direct rights of action against our insurers, our insurers have nevertheless agreed with us that they will not exercise any subrogation rights that they might have against you to the extent that you have (as here) been given an interest in the policy by agreement with us.

Please note that our policy is subject to certain terms and conditions, details of which are available on request from:

[ ]

Please also note that the above arrangement will not protect you in respect of your liability to employees or third parties for loss (incidents including but not limited to unexpected or unforeseen subsidence, unstable ground conditions, damage to underground services), damage, injury or death suffered by them unless this liability arises solely from our own negligence and we are liable for it.

______

Footnotes:

1) Delete any inapplicable cover.

2) Include limits of indemnity up to maximum cover in respect of which the waiver of subrogation rights is being offered.

3) Do not insert figures that are higher than the level of indemnity under the insurance policy unless additional cover has been arranged with your insurer.

4) Delete where inapplicable

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