Terms & Conditions
Terms & Conditions of Hire
1. DEFINITIONS AND INTERPRETATION
‘Additional Equipment’ means further machines, articles, vehicles, tools and/or devices as agreed between the parties to be hired by the Hirer in addition to the Equipment, at a Hire Fee agreed between
‘Default Event’ means the happening of any event referred to in clause [7.1] hereof ‘the Equipment’ means collectively all the machines, articles, vehicles, tools and/or devices together with any accessories hired by the hirer
‘the Hirer’ includes where applicable its lawful successors and assigns ‘the Hire Fee’ means the amount payable under this Agreement for the hire of the Equipment for the Period of Hire. The Hire Fee in
respect of each item of Equipment is set out in the Schedule hereto.
‘the Hire Period’ means the period of one week from and including the date on which the Equipment passes from the possession of the Owner to the Hirer.
‘the Interest Rate’ the daily rate of 6% above the base rate from time to time of the Owner’s bank.
‘the Owner’ includes where applicable its lawful successors and assigns ‘Services’ means the services and/or work (if any) to be performed by the Owner, his servants, agents, employees and contractors
and sub-contractors, under this agreement.
2. CONTRACT FOR HIRE
2.1. In consideration of the Hire Fee the Owner hereby agrees to hire to the Hirer the Equipment for the Hire Period and thereafter from week to week, subject to the availability of the Equipment for hire to the Hirer on the date required by the Hirer.
2.2. It shall be the responsibility of the Hirer to collect the Equipment from the Owner and return same to the Owner at the end of the Hire Period.
2.3. The Owner will not be liable for any loss suffered by the Hirer as a result of the Equipment being unavailable for hire where the Equipment is unavailable due to circumstances beyond the Owner’s control.
3.1. The Hirer shall pay the Hire Fee to the Owner in advance on the first day of the Hire Period, and on the first day of each week thereafter (‘the Renewal Date’).
3.2. Payment shall not be deemed to be made until the Owner has received either by cash or cleared funds in respect of the full amount due.
3.3. If the Hirer fails to make any payment in full when due the Hirer shall return the Equipment to the Owner on that Renewal Date on which payment falls due and failure to do so shall entitled the Owner to charge the Hirer interest (both before and after judgment/decree) on the amount unpaid at the Interest Rate in respect of the period from the Renewal Date to the return of the Equipment to the possession of the Owner inclusive.
3.4. The Hirer shall pay all sums due under this agreement without any set-off, deduction, counterclaim and/or any other withholding of monies.
4.1. The Equipment will remain at all times the property of the Owner. The Hirer has no legal or equitable interest in the Equipment or any part thereof.
4.2. It shall be the responsibility of the Hirer to satisfy himself that upon taking possession of the Equipment it is in good order and working condition. The Hirer will be deemed upon acceptance of possession of the Equipment that the Equipment as a whole is suitable and capable of meeting all the requirements of the Hirer.
4.3. The Owner does not warrant that the Equipment is suitable for the particular or any purpose for which it is or may be required by the Hirer.
4.4. The Hirer shall not assign transfer or otherwise part with possession of the Equipment during the Hire Period.
4.5. The Hirer shall notify the Owner of any loss or malfunctioning of or damage to any of the Equipment within 48 hours of such loss, malfunctioning or damage being sustained.
4.6. Where the Hirer is obliged under this agreement to return the Equipment to the Owner, it must return same in good working order and in a clean condition to the Owner at the Owner’s premises on or prior to the expiration of the Hire Period, together with all insurance policies, licences, registration and other documents relating to the Equipment.
4.7. If the Equipment is returned in damaged, unclean and/or defective state the Hirer shall be liable to pay the Owner for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire and to pay the Hire Fee in accordance with the provisions of clause 3 until such repairs and/or cleaning have been completed.
4.8. The Hirer shall: –
4.8.1. At all times exercise reasonable care and diligence in the use of the Equipment.
4.8.2. Not to tamper or in any way interfere with the Equipment.
4.8.3. Be responsible for all accidental damage to the Equipment, save and except where such damage is caused by the Owner.
4.8.4. Be responsible for all loss or damage to the Equipment occasioned by theft, malicious damage, or other unlawful act during the Hire Period.
4.8.5. not remove or permit to be removed the Equipment from Ireland nor use or permit it to be used for any abnormal or hazardous use without the prior written consent of the Owner.
4.8.6. at no time during the Hire Period part with possession of the Equipment or in any way deal with it in a manner inconsistent with the rights of the Owner as owner.
4.8.7. Ensure that the Equipment is secure at all times.
4.8.8. Keep the Equipment safe during the Hire Period.
4.8.9. Notify the Owner of any change of its address and upon the Owner’s request to provide details of the location of the Equipment.
4.8.10. Permit the Owner at all reasonable times and upon reasonable notice to inspect the Equipment including procuring access to any property where the Equipment is situated.
4.8.11. be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice or operating instructions.
4.8.12. Not to do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Equipment.
4.8.13. Not remove or deface any label, serial numbers or other marks identifying the Equipment or the Owner’s ownership of same.
4.8.14. Not permit any persons to improperly use the Equipment.
4.8.15. have all the Equipment serviced at least twice per year and bear the full cost thereof
4.8.16. maintain current PSV Test Certificates and Brake Test Certificates for all of the Equipment vehicles, and produce evidence of same to the Owner when requested
4.8.17. Ensure that no person shall be allowed to operate any of the Equipment who has not been trained regularly in the use thereof in accordance with the recommendations of the manufacturer, is not competent to do so, or does not possess the appropriate operating and/or driving licences.
5. RISK AND INSURANCE
5.1. Risk in the Equipment shall pass immediately to the Hirer when they leave the physical possession or control of the Owner and shall not pass back to the Owner until the Equipment is back in the physical possession of the Owner. This shall apply even if the Owner has agreed to cease charging the Hire Fee.
5.2. The Hirer shall comprehensively insure and keep insured with a reputable insurer the Equipment throughout the Hire Period for against all damage loss and all other risks, and provide evidence of same to the Owner upon request, and the Hirer shall fully indemnify the Owner in respect of same.
6.1. The Hirer shall be responsible for the cost of any repairs necessary to the Equipment during the Hire Period.
7.1. The Hirer shall be in default if it:
7.1.1. fails to make any payment due to the Owner when due
7.1.2. breaches any other term or terms of this agreement
7.1.3. provides incomplete, materially inaccurate or misleading facts and/or information in connection with this agreement.
7.1.4. pledges, charges or creates any form of security over any of the Equipment
7.1.5. becomes insolvent, is wound-up, enters Administration or Liquidation or has a Receiver appointed over any of its assets or ceases or threatens to cease to carry on business.
7.2. If a Default Event occurs, then
7.2.1. the Owner may enter without prior notice any premises of the Hirer or any site where the Owner believes the Equipment to be located and repossess the Equipment and the Hirer hereby agrees not to make any claim or bring any action against the Owner as a result of the repossession of the Equipment.
7.2.2. The Owner may withhold the performance of any Services and cease any Services in progress under this or any other contract with the Hirer
7.2.3. all monies owed by the Hirer to the Owner shall immediately become due and payable.
7.3. Any repossession of the Equipment shall not affect the Owner’s right to recover from the Hirer any monies due under this or any other agreement and/or any damages in respect of any breach which occurred prior to repossession of the Equipment.
7.4. The Hirer agrees to indemnify and keep indemnified the Owner against any loss or liability, expense or cost which may be incurred by the Owner in entering upon any site for the purposes of repossessing the Equipment under this clause. Such indemnity covers liability to any third party in respect of trespass or damage to the said site occasioned through entry upon the site, the repossession of the Equipment or its removal from the site.
8.1. The Owner may, from time to time, agreed with the Hirer for the provision of repair services in relation to the Equipment or any other items.
8.2. If such services are agreed, the cost to the Hirer shall be based on an hourly rate of £30.00 (thirty pounds) per hour per person and travelling and waiting time shall be charged similarly.
8.3. Any part hour shall be charged pro rata, subject to a minimum charge of £5.00.
8.4. In addition, the Hirer shall be responsible for the cost of all necessary parts, tools, oils etc (as determined at the sole discretion of the Owner).
8.5. For the purposes of this clause 8 the term ‘person’ refers to any employee servant or agent of the Owner employed at the sole discretion of the Owner in relation to the provision of the Services.
9. LIMITATION OF LIABILITY
9.1. All warranties, representations, terms, conditions and duties implied by law on the part of the Owner relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
9.2. If the Owner is found to be liable in respect of any loss or damage to the Hirer’s property the extent of the Owner’s liability will be limited to the retail cost of replacement of the damaged property.
9.3. The Owner shall have no liability to the Hirer if any monies due in respect of the Equipment and or the Services have not been paid in full on the due date for payment.
9.4. The Owner has no liability to the Hirer for any loss or damage which the Hirer may sustain where the cause of that damage or loss is the negligence of the Hirer or its servants, agents or contractors.
9.5. The Hirer shall at all times fully indemnify the Owner its employee’s servants and agents against all actions costs claims demands proceedings or liabilities arising from or in connection with the Equipment or Services supplied to the Hirer by the Owner.
9.6. The Owner shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Hirer’s continued use of damaged or defective Equipment after a defect has become apparent or suspected or should reasonably have become apparent to the Hirer.
9.7. The Owner shall have no liability to the Hirer in respect to the extent that the Hirer is covered by any policy of insurance arranged as obliged under this agreement and the Hirer shall ensure that the Hirer’s insurers waive any any all rights of subrogation they may have against the Owner.
9.8. The Owner shall have no liability to the Hirer for any:
9.8.1. consequential losses (including loss of profits and/or damage to goodwill)
9.8.2. economic and other similar losses
9.8.3. special damages and indirect losses, or
9.8.4. business interruption, loss of business, contracts and/or opportunity.
9.9. The Owner’s total liability to the Hirer under and/or arising in relation to this agreement or any other agreement shall not exceed the amountequivalent to one months’ Hire Fee. To the extent that any liability of the Owner to the Hirer would be met by any insurance of the Owner then the liability of the Owner shall be extended to the extent that such liability is met by such insurance.
9.10. Each of the limitations and/or exclusions in this agreement shall be deemed to be repeated and apply as a separate provision for each of:
9.10.1. liability for breach of contract
9.10.2. liability in tort including negligence; and
9.10.3. liability for breach of statutory duty and/or common law duty except clause 9.9 above which shall apply only once in respect of all the said types of liability.
9.11. Nothing in this agreement shall exclude or limit the liability of the Owner for death or personal injury due to the Owner’s negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
10.1. This is a hiring agreement only and does not constitute or give rise to any sale of the Equipment to the Hirer, any hire purchase agreement or arrangement with the Hirer or any hiring agreement that contains an option to purchase the Equipment. The relationship between the Owner and Hirer is limited to a relationship of owner and hirer in respect of the Equipment.
10.2. The Hirer acknowledges that the Owner is the sole exclusive owner of the Equipment.
10.3. Nothing in this agreement confers any option on the Hirer to purchase the Equipment or any part thereof.
10.4. Each hire of an item of Equipment shall form a distinct contract which shall be separate to any other contract relating to other Equipment.
10.5. The Hirer shall be liable for the acts and/or omissions of its employees, agents, servants and subcontractors as through they were its own acts and/or omissions under this agreement.
10.6. The Hirer agrees to indemnify and keep indemnified the Owner against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses or liabilities suffered by the Owner and arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by the Hirer.
10.7. No waiver by the Owner of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
10.8. The Owner shall have no liability to the Hirer for any delay and/or nonperformance of a contract to the extent that such delay is due to any force majeure (including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events).
10.9. All third-party rights are excluded and no third parties shall have any rights to enforce this agreement. This shall not apply to any finance company with whom the Owner has an outstanding finance agreement relating to the Equipment. Such finance company shall, subject to the Owner’s consent, have the right to enforce this agreement as if they were the Owner.
10.10. This agreement is governed by and interpreted in accordance with the law of Northern Ireland and the courts of Northern Ireland will have exclusive jurisdiction in relation to this agreement.