Hire Terms & Conditions
1. Definitions
In the Contract, the following terms have the following meanings:
"Contract" means the Contract between the Owner and the Hirer consisting of these Terms and the Quotation or the Delivery Docket.
"Delivery Docket" means the document accepted by the Hirer when the Goods are being delivered to or collected by the Hirer.
"Goods" means the goods and equipment being hired by the Hirer from the Owner as specified in the Quotation or the Delivery Docket.
"Hirer" means the party identified in the Quotation or the Delivery Docket as the Hirer of the Goods.
"Period of Hire" means the period commencing on the receipt by or delivery to the Hirer of the Goods ending when the Goods have been returned to or collected by the Owner. All days are charged including Saturdays, Sundays, Bank Holidays, all Statutory Holidays and Good Friday.
"Quotation" means the quotation for the hire of the Goods (together with the provision of the Owner's personnel for the operation of the Goods at the Site where applicable) issued by the Owner and accepted by the Hirer.
"Site" means the Hirer's premises or the venue nominated by the Hirer to which the Goods are to be delivered for the Period of Hire.
"Terms" means these terms and conditions of business.
2. Introduction
2.1. This Contract comprises the entire agreement between the parties for the hire of the Goods. Any variations must be in writing signed by the duly authorized representatives of the parties.
2.2. Any Quotation issued by the Owner shall incorporate these Terms and shall not bind the parties until accepted for or on behalf of the Hirer. The date of signing by the Hirer shall be the date of the Contract.
2.3. Any Delivery Docket issued by the Owner shall incorporate these Terms and the date the Delivery Docket is accepted for and on behalf of the Hirer shall be the date of the Contract.
2.4. All notices to be given shall be in writing and addressed to the name and address set out in the quotation or delivery docket as applicable. Any notice may be given personally, delivered by post, by fax or by email and will deemed to have been delivered, if served personally when delivered, if posted 72 hours after posting if by fax on receipt of an error free transmission report and if by email, when received by the communications network of the addressee.
3. Price of hire
3.1. The price for the hire of the Goods for the Period of Hire will be set out in the Quotation or the Delivery Docket (whichever is applicable). Prices are exclusive of VAT unless otherwise stated.
3.2. A 50% cancellation charge will arise if the Hirer seeks to cancel the Contract (for whatever reason) once the Goods have been dispatched. A 100% cancellation charge will arise if the Hirer seeks to cancel the Contract (for whatever reason) once the Goods have been set up at the Site.
3.3. Any extension to the Period of Hire must be agreed in writing. Additional charges must be paid for in full.
3.4. Delivery charges will be as set out in the Quotation. Any other expense incurred by the Owner recovering the Goods will be charged to the Hirer.
4. Payment
4.1. Payment for the hire of the Goods is due on collection/delivery or if agreed in advance, 30 days.
4.2. Interest may be charged on overdue accounts at the 4% per annum above EURIBOR accruing daily. The Hirer shall indemnify the Owner against the costs incurred in collecting any late payment from the Hirer.
4.3. Goods not returned to the Owner at the end of the Period of Hire will incur additional hiring fees to the date that the Goods are finally recovered up to 2 weeks. Otherwise the full replacement cost will be paid in full by the Hirer.
5. Delivery and Inspection
5.1. Unless the Goods are being collected by the Hirer, the Goods will be delivered by the Owner to the Site.
5.2. Upon delivery, the Hirer must satisfy himself that the Goods are in good working order and undamaged. If the Goods are not in good working order or are damaged at the time of delivery then the Hirer must bring this to the immediate attention of the Owner.
6. Hirer's Responsibilities
6.1. Operation of the Goods - The Hirer is responsible to ensure that they are fully conversant with the operation of the Goods (unless the Goods are to be operated by the Owner's personnel as per the Quotation).
6.2. Maintenance - The Hirer must return the Goods to the Owner in the same condition as when hired (excepting reasonable wear and tear).
6.3. Breakdown - Any breakdown or unsatisfactory operation of the Goods during the Period of Hire must be immediately notified to the Owner. The Hirer shall not attempt to repair the goods unless otherwise authorised by the Owner in writing.
6.4. Indemnity - During the Period of Hire the Hirer will indemnify and keep indemnified the Owner in respect of all claims, costs or damage howsoever arising by any person for personal injury or damage to property caused by or in connection with or arising out of the use of the Goods. It is for the Hirer to insure in respect of these risks. The Hirer hereby expressly acknowledges that the Owner is not liable to provide such insurance cover for these risks during the Period of Hire.
6.5. Removal of the Goods - The Goods must not be removed from the Site or from the original address specified by the Hirer when the Goods are first collected by the Hirer without the written consent of the Owner.
6.6. Right of Access - The Hirer hereby authorises the Owner, its servants and agents to enter upon any premises where the Owner reasonably believes the Goods or any part thereof to be located and if the Owner, in its absolute discretion deems necessary, to inspect, repair, replace or take possession of the Goods.
6.7. Authorised Signatory - The Hirer hereby warrants to the Owner that the person signing/agreeing the Quotation or the Delivery Docket (whichever is applicable) has the full authority of the Hirer to enter into a legally binding contract on behalf of the Hirer for the Hire of the Goods pursuant to these Terms.
7. Retention of Title and Risk
7.1. Title to the Goods shall not pass to the Hirer.
7.2. The risk of loss or of damage to the Goods shall pass to the Hirer from delivery until they have been returned to the Owner.
8. Limits of Liability
The Hirer's attention is specifically drawn to this Clause and the Hirer acknowledges that the limits contained in this Clause are reasonable having regard to the subject matter, provisions and value of the Contract.
8.1. This clause sets out the entire financial liability of the Owner (its employees, agents or sub-contractors) to the Hirer in respect of any breach of this Contract or any representation, statement or act or omission including negligence arising in connection with the Contract and its performance.
8.2. The Hirer acknowledges that the Goods are being hired for its business or trade. The Hirer represents to the Owner that it is not dealing with the Owner as "a consumer" within the meaning of that term in the Sale of Goods and Supply of Services Act, 1980 or the European Community (Unfair Terms and Consumer Contracts) Regulations, 1995 (SI No. 27/1995).
8.3. Notwithstanding any Term in this Contract, the Owner shall not be liable to the Hirer for any indirect, incidental, special or consequential loss or damage of any nature whatsoever (including but not limited to loss of profits, loss of use or business opportunity) and howsoever arising or for any loss or damage arising out of any failure by the Hirer to properly operate the Goods during the Period of Hire
8.4. The Owner's total aggregate liability in contract, tort, or otherwise for any and all claims (except in cases of death or personal injury) shall be limited to the Price as specified in the Quotation or Delivery Docket (whichever is applicable).
9. Force Majeure
The Owner shall not be liable for any breach, non-performance or delay in the performance of the Contract resulting from war, civil commotion, strikes, lock-outs,
mechanical or electrical breakdown, floods, storms, acts of God or the public enemy, restrictions or restraints of Governmental Authorities whether national or local or any supervening event or any cause whatsoever beyond the Owner's control (Force Majeure Event). If a Force Majeure Event arises then the Owner shall be entitled at its sole option to cancel the Contract or to seek an agreed extension of time for performance of the Contract on the conclusion of the Force Majeure Event.
10. Dispute Resolution
Any dispute between the parties shall be referred to the nominated representatives or the parties who shall endeavour in good faith to resolve the dispute within a period of 14 days (or any agreed extended period). If such negotiations fail to resolve the dispute then the matters in dispute will be determined exclusively by the Courts of Ireland.
11. Termination
11.1. Either party (without prejudice to any antecedent rights) may terminate the Contract in the event of a material breach that has not been remedied within 14 days following notice or which cannot be remedied.
11.2 Either party (without prejudice to any antecedent rights) may terminate the Contract if the other party convenes a meeting of its creditors, appoints a receiver, manager or liquidator or convenes a meeting for such a purpose.
11.3 The Owner (without prejudice to any antecedent rights) may terminate the Contract if the Hirer fails or refuses to discharge any balance owning at the time of delivery and shall be entitled to the applicable cancellation charge stated in Clause 3.2.
12. Governing Law and Jurisdiction
The Contract shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland.
13. Waiver
No waiver, forbearance, delay or indulgence by either party in enforcing any of its rights hereunder shall prejudice its ability to enforce such rights.
14. General Provisions
14.1 The headings to the clauses are for ease of reference only and will not affect the interpretation or construction of the Contract.
14.2. The reference to any Statute, Statutory Instrument, Order or Regulation shall include any amendment thereto.
14.3. In the event that either party is required to give consent to the other such consent shall not be unreasonably withheld or delayed.
14.4. If any of the terms herein are held to be invalid or unenforceable under any applicable law then it shall be severed from the remainder of these terms which will continue to be valid and enforceable to the fullest extent permitted by law.
In the Contract, the following terms have the following meanings:
"Contract" means the Contract between the Owner and the Hirer consisting of these Terms and the Quotation or the Delivery Docket.
"Delivery Docket" means the document accepted by the Hirer when the Goods are being delivered to or collected by the Hirer.
"Goods" means the goods and equipment being hired by the Hirer from the Owner as specified in the Quotation or the Delivery Docket.
"Hirer" means the party identified in the Quotation or the Delivery Docket as the Hirer of the Goods.
"Period of Hire" means the period commencing on the receipt by or delivery to the Hirer of the Goods ending when the Goods have been returned to or collected by the Owner. All days are charged including Saturdays, Sundays, Bank Holidays, all Statutory Holidays and Good Friday.
"Quotation" means the quotation for the hire of the Goods (together with the provision of the Owner's personnel for the operation of the Goods at the Site where applicable) issued by the Owner and accepted by the Hirer.
"Site" means the Hirer's premises or the venue nominated by the Hirer to which the Goods are to be delivered for the Period of Hire.
"Terms" means these terms and conditions of business.
2. Introduction
2.1. This Contract comprises the entire agreement between the parties for the hire of the Goods. Any variations must be in writing signed by the duly authorized representatives of the parties.
2.2. Any Quotation issued by the Owner shall incorporate these Terms and shall not bind the parties until accepted for or on behalf of the Hirer. The date of signing by the Hirer shall be the date of the Contract.
2.3. Any Delivery Docket issued by the Owner shall incorporate these Terms and the date the Delivery Docket is accepted for and on behalf of the Hirer shall be the date of the Contract.
2.4. All notices to be given shall be in writing and addressed to the name and address set out in the quotation or delivery docket as applicable. Any notice may be given personally, delivered by post, by fax or by email and will deemed to have been delivered, if served personally when delivered, if posted 72 hours after posting if by fax on receipt of an error free transmission report and if by email, when received by the communications network of the addressee.
3. Price of hire
3.1. The price for the hire of the Goods for the Period of Hire will be set out in the Quotation or the Delivery Docket (whichever is applicable). Prices are exclusive of VAT unless otherwise stated.
3.2. A 50% cancellation charge will arise if the Hirer seeks to cancel the Contract (for whatever reason) once the Goods have been dispatched. A 100% cancellation charge will arise if the Hirer seeks to cancel the Contract (for whatever reason) once the Goods have been set up at the Site.
3.3. Any extension to the Period of Hire must be agreed in writing. Additional charges must be paid for in full.
3.4. Delivery charges will be as set out in the Quotation. Any other expense incurred by the Owner recovering the Goods will be charged to the Hirer.
4. Payment
4.1. Payment for the hire of the Goods is due on collection/delivery or if agreed in advance, 30 days.
4.2. Interest may be charged on overdue accounts at the 4% per annum above EURIBOR accruing daily. The Hirer shall indemnify the Owner against the costs incurred in collecting any late payment from the Hirer.
4.3. Goods not returned to the Owner at the end of the Period of Hire will incur additional hiring fees to the date that the Goods are finally recovered up to 2 weeks. Otherwise the full replacement cost will be paid in full by the Hirer.
5. Delivery and Inspection
5.1. Unless the Goods are being collected by the Hirer, the Goods will be delivered by the Owner to the Site.
5.2. Upon delivery, the Hirer must satisfy himself that the Goods are in good working order and undamaged. If the Goods are not in good working order or are damaged at the time of delivery then the Hirer must bring this to the immediate attention of the Owner.
6. Hirer's Responsibilities
6.1. Operation of the Goods - The Hirer is responsible to ensure that they are fully conversant with the operation of the Goods (unless the Goods are to be operated by the Owner's personnel as per the Quotation).
6.2. Maintenance - The Hirer must return the Goods to the Owner in the same condition as when hired (excepting reasonable wear and tear).
6.3. Breakdown - Any breakdown or unsatisfactory operation of the Goods during the Period of Hire must be immediately notified to the Owner. The Hirer shall not attempt to repair the goods unless otherwise authorised by the Owner in writing.
6.4. Indemnity - During the Period of Hire the Hirer will indemnify and keep indemnified the Owner in respect of all claims, costs or damage howsoever arising by any person for personal injury or damage to property caused by or in connection with or arising out of the use of the Goods. It is for the Hirer to insure in respect of these risks. The Hirer hereby expressly acknowledges that the Owner is not liable to provide such insurance cover for these risks during the Period of Hire.
6.5. Removal of the Goods - The Goods must not be removed from the Site or from the original address specified by the Hirer when the Goods are first collected by the Hirer without the written consent of the Owner.
6.6. Right of Access - The Hirer hereby authorises the Owner, its servants and agents to enter upon any premises where the Owner reasonably believes the Goods or any part thereof to be located and if the Owner, in its absolute discretion deems necessary, to inspect, repair, replace or take possession of the Goods.
6.7. Authorised Signatory - The Hirer hereby warrants to the Owner that the person signing/agreeing the Quotation or the Delivery Docket (whichever is applicable) has the full authority of the Hirer to enter into a legally binding contract on behalf of the Hirer for the Hire of the Goods pursuant to these Terms.
7. Retention of Title and Risk
7.1. Title to the Goods shall not pass to the Hirer.
7.2. The risk of loss or of damage to the Goods shall pass to the Hirer from delivery until they have been returned to the Owner.
8. Limits of Liability
The Hirer's attention is specifically drawn to this Clause and the Hirer acknowledges that the limits contained in this Clause are reasonable having regard to the subject matter, provisions and value of the Contract.
8.1. This clause sets out the entire financial liability of the Owner (its employees, agents or sub-contractors) to the Hirer in respect of any breach of this Contract or any representation, statement or act or omission including negligence arising in connection with the Contract and its performance.
8.2. The Hirer acknowledges that the Goods are being hired for its business or trade. The Hirer represents to the Owner that it is not dealing with the Owner as "a consumer" within the meaning of that term in the Sale of Goods and Supply of Services Act, 1980 or the European Community (Unfair Terms and Consumer Contracts) Regulations, 1995 (SI No. 27/1995).
8.3. Notwithstanding any Term in this Contract, the Owner shall not be liable to the Hirer for any indirect, incidental, special or consequential loss or damage of any nature whatsoever (including but not limited to loss of profits, loss of use or business opportunity) and howsoever arising or for any loss or damage arising out of any failure by the Hirer to properly operate the Goods during the Period of Hire
8.4. The Owner's total aggregate liability in contract, tort, or otherwise for any and all claims (except in cases of death or personal injury) shall be limited to the Price as specified in the Quotation or Delivery Docket (whichever is applicable).
9. Force Majeure
The Owner shall not be liable for any breach, non-performance or delay in the performance of the Contract resulting from war, civil commotion, strikes, lock-outs,
mechanical or electrical breakdown, floods, storms, acts of God or the public enemy, restrictions or restraints of Governmental Authorities whether national or local or any supervening event or any cause whatsoever beyond the Owner's control (Force Majeure Event). If a Force Majeure Event arises then the Owner shall be entitled at its sole option to cancel the Contract or to seek an agreed extension of time for performance of the Contract on the conclusion of the Force Majeure Event.
10. Dispute Resolution
Any dispute between the parties shall be referred to the nominated representatives or the parties who shall endeavour in good faith to resolve the dispute within a period of 14 days (or any agreed extended period). If such negotiations fail to resolve the dispute then the matters in dispute will be determined exclusively by the Courts of Ireland.
11. Termination
11.1. Either party (without prejudice to any antecedent rights) may terminate the Contract in the event of a material breach that has not been remedied within 14 days following notice or which cannot be remedied.
11.2 Either party (without prejudice to any antecedent rights) may terminate the Contract if the other party convenes a meeting of its creditors, appoints a receiver, manager or liquidator or convenes a meeting for such a purpose.
11.3 The Owner (without prejudice to any antecedent rights) may terminate the Contract if the Hirer fails or refuses to discharge any balance owning at the time of delivery and shall be entitled to the applicable cancellation charge stated in Clause 3.2.
12. Governing Law and Jurisdiction
The Contract shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland.
13. Waiver
No waiver, forbearance, delay or indulgence by either party in enforcing any of its rights hereunder shall prejudice its ability to enforce such rights.
14. General Provisions
14.1 The headings to the clauses are for ease of reference only and will not affect the interpretation or construction of the Contract.
14.2. The reference to any Statute, Statutory Instrument, Order or Regulation shall include any amendment thereto.
14.3. In the event that either party is required to give consent to the other such consent shall not be unreasonably withheld or delayed.
14.4. If any of the terms herein are held to be invalid or unenforceable under any applicable law then it shall be severed from the remainder of these terms which will continue to be valid and enforceable to the fullest extent permitted by law.