Terms and Conditions
General Conditions for the Hiring of Equipment
1. DEFINITIONS AND LAW
The Contract is the document or documents
that set out these Conditions and all other
details about your agreement with us. "We" and "Us" mean
the supplier of the hired equipment. "You" means the person,
firm, company, corporation or public authority
or body to whom we supplyEquipment on hire. "Equipment" means
the hired items referred to in the Contract.
These Conditions exclude any terms and
conditions you may have put forward, except
where we have agreed to any amendments
or other conditions in writing. These Conditions
do not affect the statutory rights of a
person dealing as a consumer as defined
by current legislation. The Contract will
be governed by and interpreted in accordance
with Irish law.
2. BASIS OF CHARGING
You will pay the hire charges stated in
the Contract. Hire charges will begin
at the time stated in the Contract and
will continue during the period of hire
until we have given you a collection or
off-hire number, or until you have restored
the Equipment to us in a clean and serviceable
condition and we have given you a receipt for it. All time is chargeable
including Saturdays, Sundays and Bank Holidays.
All charges are payable on demand. If payment
is not made when due, we will be entitled
to interest on the amount that is overdue
at four percent above the prevailing base
rate of Bank Of Ireland PLC calculated
on a daily basis. This will be without
prejudice to any other rights or remedies
we may have. You will also pay to us any
charges we reasonably incur in the recovery
from you of money or Equipment.
3. DELIVERY AND CARRIAGE CHARGES
Hire charges do not include carriage. You
will pay to us any agreed charges for delivering
or collecting Equipment. Where we quote
carriage charges, these include only for
the time required to load or unload alongside
our vehicle at the address you have specified.
You will pay extra for any further time
or attendance including any attempt by
us to carry out your pre-arranged instructions
for delivery or collection which is unsuccessful
due to your acts or omissions.
4. MAXIMUM PERIOD OF AGREEMENT (If you
are not incorporated)
If you are an individual or a partnership,
or an unicorporated body of persons, the
Contract will terminate not later than
three months from the beginning of the
period of hire. In such circumstances you
must restore the Equipment to us before
close of business on the day before the
end of the three month period. If you fail
to do this we will be entitled to
charge you for any financial loss this
causes us.
5. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you
have placed an order giving details of
your requirements and have agreed to be
bound by these Conditions and we have accepted
your order.
6. SAFETY AND INSTRUCTIONS
It is your responsibility to make sure
that all people who use theEquipment are
properly instructed in its safe and correct
use and that they are in possession of
all instructions supplied by us. You must
ensure that the Equipment is not misused.
7. WHEN YOUR SIGNATURE FOR RECEIPT OF EQUIPMENT
BECOMES EFFECTIVE
Where for administrative convenience you
or your agent are requested by us to sign
a receipt for the Equipment before it is
handed over, you or your agent will be
given the opportunity to examine the Equipment
when it is physically handed over to you
or your agent. The receipt will not be
effective until immediately after the physical
handover.
8. RESPONSIBILITY OF HIRER (Your Responsibility)
(i) You will be responsible for the loading
and unloading of the Equipment at the address
specified by you. You will also be responsible
for the loading and unloading of the Equipment
at our premises when the Equipment is transported
by you or your agent. If we supply any
person to assist you he will be under your
control at such times.
(ii) Your responsbility for the Equipment
begins when you or your agent receive the
Equipment. If it is delivered to you
your responsibility begins on delivery.
Your reponsibility include safekeeping
of the Equipment and protection against
the elements, theft, vandalism or improper
use. You are responsible for the return
of the Equipment or making clear arrangements
with us for the collection of the Equipment
at the end of hire. Your responsibility
ends only when the equipment has been
returned or collected and you have our
unqualified receipt for all of the Equipment.
You must not sell or otherwise part with
control of the Equipment.
(iii) You will indemnify us against any
and every expense, liability, financial
loss, claim or proceedings whatsoever,
and in respect of any death or personal
injury whatsoever or damage or loss of
property whatsoever (other than the Equipment
itself, which is governed by Conditions
13 and 14) arising out of the delivery,
use, non-use, repossession, collection
or return of the Equipment or any part
of it. This indemnity will be reduced in
proportion to the extent that such expense,
liability, financial loss, claim or proceedings
or death or personal injury or damage to
or loss of property is due to our proven
negligence.
9. ELECTRICAL EQUIPMENT
Where any part of the Equipment is electrical
it should normally be used with plugs and/or
sockets as fitted but if temporarily fitted
with other suitable plugs or sockets, this
must be carried out by a competent person
who must also return it to its original
condition. It will be your responsibility
at all times to arrange a suitable supply
of electricity for use with the Equipment.
Under no circumstances should electrical
Equipment be used without it being correctly
earthed unless it is of double insulated
specification. You will be responsible
for complying with the requirements of
Current Electrical Legislation regarding
equipment use during the period of your
responsibility for the Equipment as defined
in Condition 8 (ii) of these Conditions.
10. MAINTENANCE OF EQUIPMENT, BREAKDOWN
PROCEDURES AND ACCIDENT REPORTING
You must keep yourself acquainted with
the state and condition of the Equipment
and ensure that it remains safe, serviceable
and clean. Any breakdown or any unsatisfactory
working of the Equipment must be immediately
notified to us. Under no circumstances
must you repair or attampt to repair the
Equipment unless authorised by us. The
Equipment must be returned to our premises for examination except
where examination elsewhere has been mutually agreed upon.
You must notify us immediately if the Equipment
is involved in any accident resulting in
damage to the Equipment or to other property,
or injury to any person.
11. LOCATION OF EQUIPMENT
Equipment must not be removed without our
authority from any site originally specified
by you or from any site we subsequently
authorise.
12. LIMITS OF OUR LIABILITY
(i) All times which we state or quote for
delivery or collection are approximate.
(ii) We will not be liable for any delays
caused by any circumstances beyond our
reasonable control.
(iii) We will not be liable for any indirect
loss, loss of business, profits, savings
you expected to make, wasted money, wages,
fees or expenses, due to late delivery,
non-delivery, unsuitability, breakdown
or stoppage of the Equipment or any part
of it. I have read, understood and agree
to the standard Terms & Conditions for the hiring of equipment
13.INSURANCE AND YOUR RESPONSIBILITY FOR
LOST,STOLEN OR DAMAGED EQUIPMENT
You will pay to us the replacement cost
of any Equipment which is lost or stolen
or damaged beyond economic repair. You
are advised to insure the Equipment on
this basis. You will hold in trust for
us and pay to us on demand all money you
receive from an insurance company or from
any other source in settlement of any claim
relating to the loss, theft or damage of
any of the Equipment. You must not compromise
any claim without our express consent.
14. NON-RETURNED, LOST, STOLEN, DAMAGED
OR UNCLEAN EQUIPMENT
(i)You have full responsibility for the
care and safekeeping and return in
good order of the Equipment.
(ii) You will pay to us all costs we incur
in rectifying any Equipment
returned damaged or unclean. Additionally
you will pay for our financial
loss until such rectification is complete.
(iii) Where Equipment is lost or stolen
or damaged beyond economic repair,
you will pay for all financial loss to
us until you have paid to us the
replacement cost. This is without prejudice
to our other rights.
15. TERMINATION OF HIRE
We will be entitled at any time if you
break this Contract or if any
proceedings are commenced in which your
solvency is called into question
to terminate this Contract with immediate
effect and to repossess any or
all of the Equipment. Such termination
will not affect our right to
recover from you any money due to us under
this Contract or damages for
breach of contract.
16. OUR RIGHTS OF ACCESS
You authorise us to enter any land or premises
where we reasonably believe
any Equipment to be in order to inspect,
test, repair, replace or
repossess it.
17. RIGHTS RESERVED
Any failure by us to enforce any or all
of these Conditions shall not
amount to, or be interpreted as, a waiver
of any of our rights.
18. SEPARATE TERM VALIDITY AND HEADINGS
If any term in this Contract is held invalid
this shall not affect the
validity of the remaining terms. The headings
in these Conditions are
for reference purposes only and shall not
affect the interpretation of
these Conditions.
General Conditions of Sale
1. DEFINITIONS AND LAW
The Contract is the document or documents
that set out these Conditions
and all other details about your agreement
with us. "We" and "Us" mean
the seller of the Goods. "You" means the buyer of the Goods.
The
"Goods" means all goods to be sold by us to you. The "Recipient" means
the person, firm, company, corporation
or public authority to whom the
Goods are delivered, when it is not you.
These Conditions exclude any
terms and conditions you may have put forward,
except where we have agreed
to any amendments or other conditions in
writing. These Conditions do
not affect the statutory rights of a person
dealing as a consumer as
defined by Current Consumer Legislation
The Contract will be governed by and interpreted
in accordance with Irish
Law.
2. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you
have placed an order giving details
of your requirements and have agreed to
be bound by these Conditions and
we have accepted your order.
3. PAYMENT
Where we have granted monthly account facilities
to you in writing, all
invoices must be paid by the last day of
the month following the month of
delivery. Where no such facilities have
been granted, payment will be
with your order, or where previously agreed,
on delivery. If payment is
not made when due, we will be entitled
to interest on the amount that is
overdue at four percent above the prvailing
base rate of Bank Of Ireland
PLC calculated on a daily basis. This will
be without
prejudice to any other rights or remedies
we may have.
4. RECEIPT
You, or the Recipient on your behalf, will
receive and unload the Goods
and should check them for quality and condition
in the presence of the
carrier. If there is a shortage or if any
of the Goods are in an
unsatisfactory condition, you or the Receipient
must so endorse the
carrier's delivery document and must give
a separate written notice of
this to us within three days of delivery.
If this Condition is not
observed, no claim in respect of shortage
or of unsatisfactory condition
of the Goods will be entertained.
5. RISK AND TITLE OF GOODS
(i) The risk in the Goods will pass to
you immediately on delivery of the
Goods to you or to the Recipient.
(ii) The owership of the Goods will remain
with us and we reserve the
right to dispose of the Goods until you
have paid in full for all Goods
which we have supplied at any time to you.
Until such payment has been
made in full you will hold the Goods on
our behalf and will be under an
obligation to return them to us on demand.
You will permit us to enter
any land or premises of yours to recover
our Goods.
6. LIMIT OF OUR LIABILITY
(i) All times which we state or quote for
delivery or collection are
approximate.
(ii) We will not be liable for any delays
caused by any circumstances
beyond our reasonable control.
(iii) We will not be liable for any indirect
loss, loss of business,
profits, savings you expected to make,
wasted money, wages, fees or
expenses, due to late delivery, non-delivery,
unsuitability, breakdown or
stoppage of the Equipment or any part of
it.
7. RIGHTS RESERVED
Any failure by us to enforce any or all
of these Conditions shall not
amount to, or be interpreted as, a waiver
of any of our rights.
8. SEPARATE TERM VALIDITY AND HEADINGS
If any term in this Contract is held invalid
this shall not affect the
validity of the remaining terms. The headings
in these Conditions are
for reference purposes only and shall not
affect the interpretation of
these Conditions.