Laois Hire ( “the Company”, “we”, “us”) provides http://www.laois.2cubedtest.com (the “website”) as an online information service. Your visit is subject to compliance with the terms and conditions set forth below.

STANDARD TERMS & CONDITIONS SUPPLY OF HIRE EQUIPMENT

Version: March 2020

LAOIS HIRE SERVICES LIMITED IS PART OF THE HSS GROUP

PLEASE NOTE THAT THESE TERMS ARE USED WITH TRADERS AND WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:

  • Part A: General Terms applying to Traders and Consumers;
  • Part B: Terms applying only to Consumers; and
  • Part C: Terms applying only to Traders; and
  • Part D: General Terms applying only in respect of the sale of Goods.

A “Trader” means a person who is acting for purposes related to that person’s trade, business or profession, or a person acting on behalf of such a person.

A “Consumer” means a natural person who is acting wholly or mainly for purposes which are unrelated to the person’s trade, business or profession.

Before placing an order, the Hirer should read these Terms carefully as they contain important information about Laois Hire and the Contract.

WHERE THE HIRER IS A CONSUMER, THE HIRER’S ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING LAOIS’S LIABILITY TO THE HIRER AND CANCELLATION SET OUT IN PART B.

PART A: GENERAL TERMS APPLYING TO TRADERS AND CONSUMERS

1. DEFINITIONS

1.1 In these Terms:

the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:

“Additional Charges” means charges applicable to the provision of the Equipment which are charged in addition to the Charges including those additional costs and expenses referred to in these Terms;

“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, Laois standard charges for the relevant Equipment in force on the date Laois issues a written acceptance of the Order to the Hirer;

“Commencement Date” means the date on which the relevant Contract is formed in accordance with clause 3.2;

“Contract” means the contract between Laois and the Hirer formed in accordance with clause 3.2;

“Damage Waiver” means the optional waiver of liability for payment by  the Hirer for damage to Equipment as set out in clause 7;

“Damage Waiver Plus” means the optional waiver of liability for payment by the Hirer for loss or damage to Equipment as set out in clause 7;

“Equipment” means the items of equipment to be hired by the Hirer as listed  in  the  Order, all substitutions,  replacements  or  renewals  of such equipment and all related accessories, manuals and instructions provided for the equipment;

“Hire Period” means the period of hire of the Equipment as set out in the Contract, unless the Contract is terminated earlier in accordance with these Terms or extended by agreement between Laois and the Hirer;

“Hirer” means the Consumer or Trader set out as such in the Contract;

Laois” means Laois Hire Services Limited;

“Order” means the individual orders for the hire of Equipment placed by the Hirer from time to time in a branch, over the telephone, via our website or the HSS app in accordance with these Terms;

“Replacement Cost” means the cost of replacing with new any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by Laois covering the cost to Laois of administering the replacement;

“Site” means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located;

“Terms” means these terms and conditions.

1.2 references to the singular include the plural and vice versa and references to any gender include every gender;

1.3 references to a “person” include any individual, body corporate, association, partnership, firm, trust,        organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether  or not having separate legal personality);

1.4 in the event that there is a conflict between Part A, Part B and Part C, Part A shall prevail and then Part B in the case of a Consumer and Part C in the case of a Trader; and

1.5 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.

 

2. INFORMATION ABOUT Laois AND CONTACTING Laois

2.1 Who is Laois. Laois Hire Services Limited, a company incorporated and registered in Ireland with company registration number 194672 with its registered office at Clonminam Industrial Estate, Portlaoise, Co. Laois, Ireland.

2.2 How to contact Laois. If the Hirer has any questions or if the Hirer has any complaints, the Hirer should contact Laois. Laois can be contacted by calling 1850 20 40 40, e-mailing your local branch, or by post at Laois Hire, Clonminam Industrial Estate, Portlaoise, Co. Laois.

2.3 How Laois may contact the Hirer. If Laois has to contact the Hirer, Laois will do so by telephone or by writing to the Hirer at the email address or postal address the Hirer provides to Laois in the Order.

3. FORMATION OF CONTRACT AND ORDERS

3.1 The Hirer’s Order is an offer to hire from Laois. Each Order placed by the Hirer will be an offer by the Hirer to hire the Equipment on these Terms. The Hirer will ensure that each Order is accurate and complete and that the Equipment is suitable for the Hirer’s requirements.

3.2 How we, Laois, accept the Order. A Contract will be formed between Laois and the Hirer for the provision of the Equipment set out in the Order, when Laois issues a written acceptance (including by email) of the Order to the Hirer.

3.3 Laois may not accept your Order. If Laois is unable to accept an Order for any reason, Laois will inform the Hirer of this and will not charge for the equipment.

3.4 When will the Contract commence. The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these terms.

3.5 Laois hires Equipment in Ireland only. Laois’ website is solely for the promotion of Laois’ equipment in Ireland.

 

4. THE EQUIPMENT

 4.1 Laois retains ownership of the Equipment. The Hirer acknowledges that the Equipment remains at all times the property of Laois (or its supplier as applicable). The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.

4.2 The Hirer will have quiet possession of the Equipment. Laois shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment during any Hire Period.

4.3 Hirer to notify Laois of issues with, or caused by the Equipment. The Hirer shall immediately notify Laois of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property.

4.4 Laois may access a Site to inspect and repair the Equipment. The Hirer shall grant (or shall procure that Laois or its authorised  representative  is granted) access to the Site at all such reasonable times on Laois giving the Hirer reasonable notice to inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract; and/or carry out any inspections or repairs of the equipment.

4.5 The Hirer will replace any fuel in the Equipment. Where the Equipment is supplied with fuel, the Hirer shall return the Equipment with the same or a greater amount of fuel. Laois shall be entitled to charge the Hirer for any refuelling costs if the Hirer fails to comply with this clause 4.5, at such rates as may be notified to the Hirer from time to time.

4.6 Use and storage of the Equipment by Hirer. The Hirer:

4.6.1 shall keep the Equipment in good repair and condition, (fair wear and tear only excepted) but the Hirer shall not repair or allow any third party to repair the Equipment and shall notify Laois immediately if any repair is necessary;

4.6.2 shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used;

4.6.3 shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;

4.6.4 shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by Laois;

4.6.5 shall not make any alteration to the Equipment (including defacing or covering up Laois’s name plate or mark);

4.6.6 shall not without the prior written consent of Laois, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;

4.6.7 shall not, without the prior written consent of Laois, part with control of the Equipment;

4.6.8 shall not do or permit to be done anything which could invalidate Laois’s insurances;

4.6.9 is responsible for the security of the Equipment whilst in the Hirer’s possession; and

4.6.10 will take all appropriate measures to secure the Equipment at the Site, including when not in use.

4.7 Damage to or loss of Equipment. Subject to clause 7, the Hirer shall pay Laois:

4.7.1 all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by Laois, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and or cleaning have been completed; and

4.7.2 the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by Laois.

4.8 Consequences of expiry or cancellation of the Contract. On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to Laois and unless agreed otherwise in writing, the Hirer will return the Equipment to Laois.

4.9 Laois requires access to recover or substitute the Equipment. The Hirer will grant, and will ensure that the owner of any third party premises will grant to Laois, its agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this clause 4.9 are without prejudice to any rights and remedies of Laois.

4.10 Substitution of the Equipment. Laois may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. Laois will give you reasonable notice if it intends to do this.

 

5. DELIVERY AND COLLECTION

 5.1 When Laois will provide the Equipment. During the order process Laois will let the Hirer know when Laois will provide the equipment.

5.2 Laois is not responsible for delays outside of Laois’s control. If Laois’s supply of the Equipment is delayed by an event outside Laois’s control (including but not limited to any disruption or delay to Laois’s business or supply chains arising as a result of the United Kingdom’s exit from the European Union or any form of health epidemic) then Laois will contact the Hirer as soon as possible to let the Hirer know and Laois will take steps to minimise the effect of the delay. Laois will not be liable for delays caused by any event outside Laois’s control, but if there is a risk of substantial delay the Hirer may contact Laois to end the Contract and receive a refund for any Equipment paid for but not received.

5.3 If the Hirer does not allow Laois access to provide the Equipment. If the Hirer does not allow or procure Laois access to its property to provide the Equipment as arranged Laois may charge the Hirer additional costs incurred by Laois as a result. If, despite Laois’s reasonable efforts, Laois is unable to contact the Hirer or re-arrange access to the Hirer’s property Laois may end the contract. It is the Hirer’s responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow Laois to access it to effect Delivery in a safe manner without causing damage. The Hirer acknowledges that Laois may effect deliveries or collections in large, heavy commercial vehicles and will hold Laois harmless in the event of any damage caused by lack of Site preparation by the Hirer, to include poor access routes and/or ground conditions. If the Hirer has any concerns around access and safe delivery, this should be raised with Laois staff prior to completing an Order and noted on the Order, failing which Laois shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.

5.4 When the Hirer becomes responsible for the Equipment. Delivery will occur when the Equipment is made available to the Hirer at the delivery address (whether at Laois’s premises or a Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to Laois once loading of the Equipment onto the collection vehicle is complete. For the avoidance of doubt, where the Hirer contacts Laois or otherwise uses the Laois app to off-hire the Equipment, risk will always remain with the Hirer until loading onto the collection vehicle is complete.

5.5 What will happen if the Hirer does not give required information to Laois. Laois may need certain information from the Hirer so that Laois can supply the Equipment, for example, delivery details. Laois will contact the Hirer to ask for this information. If the Hirer does not give Laois this information within a reasonable time of Laois asking for it, or if the Hirer gives Laois incomplete or incorrect information, Laois may either end the Contract or make an additional charge of a reasonable sum to compensate Laois for any extra work that is required as a result. Laois will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by the Hirer not giving Laois the information Laois needs within a reasonable time of Laois asking for it.

5.6 If the Hirer does not allow Laois access to collect the Equipment. The Hirer shall grant or procure the grant of access to the Site to Laois to allow the collection of the Equipment and make the Equipment available for collection by Laois on the date and time agreed between the parties. If Laois is unable to collect the Equipment as arranged Laois may charge the Hirer any additional costs incurred by Laois as a result.

5.7 Branch collections and returns. When a Hirer wishes to collect or return Equipment from or to an Laois branch or place of business, it shall be the Hirer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by Laois staff and the Hirer shall hold Laois harmless in the event of contravention of this. Should the Hirer have any doubt as to whether this can be complied with, it should ask Laois to arrange a collection/delivery, subject to Charges (as applicable).

 

6. CHARGES AND PAYMENT

 6.1 Where to find the Charges. The Charges (which includes VAT) will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.

6.2 Variation of the Charges. Laois will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:

6.2.1 any variation in the Hirer’s requirements for the Equipment;

6.2.2 any information provided by the Hirer being inaccurate or incomplete; or

6.2.3 any failure or delay by the Hirer in providing information

6.3 A deposit or other payment information may be required. At the time the Equipment is ordered, Laois may require the Hirer to pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow Laois to take a deposit (“Deposit”).

6.4 Status of the Deposit. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any Additional Charges or any loss of or damage caused to the Equipment.

6.5 Laois may off-set the Deposit against amounts owed by the Hirer to Laois. If the Hirer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), Laois shall be entitled to apply the Deposit in part or in whole against any such costs and by providing the Deposit the Hirer specifically consents to this.

6.6 Return of Deposit. Unless Laois is entitled to make a deduction from the Deposit in accordance with clause 6.5, the full amount of the Deposit will be returned to the Hirer at the end of the Hire Period.

6.7 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by Laois shall be paid by the Hirer within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.

6.8 Laois will pass on changes in the rate of VAT. If the rate of VAT changes between the Order date and the date Laois supplies the Equipment, Laois will adjust the rate of VAT that the Hirer pays, unless the Hirer has already paid for the Equipment in full before the change in the rate of VAT takes

6.9 Laois can charge interest if the Hirer pays late. If the Hirer is a Consumer, the provisions of clause B 17 shall apply. If the Hirer is a Trader, the provisions of clause C 22.5 shall apply.

6.10 Other remedies of Laois for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by Laois in the recovery of amounts due or the recovery of the Equipment. In addition Laois is entitled to suspend further services to the Hirer.

 

7.  DAMAGE WAIVER AND DAMAGE WAIVER PLUS

Damage Waiver or Damage Waiver Plus may be offered to the Hirer or, in some cases, may be a requirement by Laois of its Contract with the Hirer. The provisions of clauses 7.1 to 7.5 shall apply if Damage Waiver or Damage Waiver Plus (as applicable) has been taken up by the Hirer. It is important to note that Damage Waiver and Damage Waiver Plus only provides you with cover within the thresholds set out in Clause 7.5.1 and as otherwise set out in this Clause 7.

7.1 Damage Waiver: Subject to the remainder of this clause 7, if the Hirer contracts to pay the Damage Waiver charge, being a sum equal to 10% of the Charges (where available as an option) Laois will waive any further charges for rectifying accidentally damaged Equipment.

7. 2 Damage Waiver Plus: Subject to the remainder of this clause 7, if the Hirer contracts to pay the Damage Waiver Plus charge being a sum equal to 15% of the Charges (where available as an option) Laois will waive any further charges for (i) rectifying accidently damaged Equipment; and/or (ii) theft of the Equipment.

7.3 Conditions of Damage Waiver Plus applying: The waiver provided by Damage Waiver Plus is subject to the following conditions:

7.3.1 the Hirer must be able to demonstrate that reasonable care has been taken to prevent theft;

7.3.2 theft of Equipment must be reported to the Police and a crime reference number obtained; and

7.3.3 the Hirer must notify Laois within forty eight (48) hours of the theft and obtain a Laois theft report form. The completed form must be returned to: Claims Department, HSS Hire, Oakland House, 76 Talbot Road, Old Trafford, Manchester, M16 0PQ. Tel: 0161 749 4520 and Laois Hire, Clonminam Industrial Estate, Portlaoise, Co. Laois

7.4 When Damage Waiver Plus will not apply. Damage Waiver Plus shall not apply and the Hirer shall be responsible for any damage to, or loss of, the Equipment in the following circumstances:

7.4.1 theft of consumable goods;

7.4.2 theft due to the dishonesty, wilful default or negligence of the Hirer, its employees, sub-contractors or agents;

7.4.3 theft from a vehicle where the Equipment was left visible and unattended;

7.4.4 loss of Equipment revealed only when an inventory is made or at collection;

7.4.5 loss arising from civil disturbance; and/or

7.4.6 loss occurring outside Ireland.

7.5 Limitations and exclusions for Damage Waiver and Damage Waiver Plus: Damage Waiver or Damage Waiver Plus does not cover the following and the Hirer shall remain responsible to Laois for:

7.5.1 the first €50 or 20% of the Replacement Cost (whichever is the greater amount) of any Equipment damage or loss claim and any and all amounts of damage or loss exceeding €5,000 for any single Contract;

7.5.2 tyre punctures and/or Replacement Costs due to irreparable tyre damage;

7.5.3 damage or loss caused by the Hirer’s negligence, damage or breach of the Contract including damage or loss connected to the Hirer’s obligations set out in clause 4.6; and

7.5.4 damage or loss caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment by the Hirer.

 

8.VARIATION

8.1 Which version of our Terms apply to your order. Laois amends these Terms from time to time. Every time a Hirer orders Equipment from us, the terms in force at the time of the Order and available at laoishire.com will apply to the Contract between the Hirer and Laois.

8.2 Amending the Terms applicable to your Order. Laois may revise these Terms as they apply to an Order from time to time to reflect the following circumstances:

8.2.1 changes in relevant laws and regulatory requirement; and

8.2.3 changes to Laois’ processes and procedures.

If Laois have to revise these Terms as they apply to an Order, Laois will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Equipment or just any Equipment the Hirer has yet to receive. If the Hirer opts to cancel, Laois will have to return (at Laois’s cost) any relevant Equipment already received and Laois will arrange a full refund of the price paid by the Hirer.

 

9. HOW LAOIS MAY USE A HIRER’S PERSONAL INFORMATION

How Laois will use a Hirer’s personal information.

Laois is the data controller of any personal information a Hirer provides to us.  Laois will collect and process such information in order to process and fulfil an Order.

If the Hirer is an individual providing Laois with its own personal information, please see Laois’s privacy policy which is available on our website (https://laoishire.com/privacy-policy/) for further information on how personal information is used and rights in relation to that information.

If the Hirer is providing personal data of another individual to Laois, the Hirer must tell that individual that the Hirer is providing their information to Laois and show them a copy of this notice.

 

10. GENERAL

10.1 Even if Laois delays in enforcing a Contract, Laois can still enforce it later. If Laois fails to insist that the Hirer performs any of its obligations under a Contract or if Laois does not enforce its rights against the Hirer, or if Laois delays doing so, that will not mean that Laois has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If Laois does waive a default by the Hirer, Laois will only do so in writing, and that will not mean that Laois will automatically waive any later default by the Hirer.

10.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

10.3 Nobody else has any rights under a Contract. The parties do not intend that any term of a Contract shall be enforceable by any person other than the parties.

10.4 The Hirer needs the consent of Laois to transfer its rights to someone else. The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of Laois.

 

11. GOVERNING LAW AND JURISDICTION

11.1 Which laws apply. These Terms and any and all Contracts and any non- contractual obligations arising out of or in connection with them will be governed by Irish law.

11.2 Where you may bring legal proceedings. Laois and the Hirer agree that the Irish courts have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations), except if the Hirer is a Consumer and a resident of Northern Ireland either party may bring proceedings in Northern Ireland.

 

PART B: TERMS APPLYING ONLY TO CONSUMERS

 

12 LIABILITY

12.1 Laois is responsible to the Hirer for foreseeable loss and damage caused by Laois. If Laois fails to comply with the Contract, Laois is responsible for loss or damage the Hirer suffers that is a foreseeable result of Laois breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and Laois knew it might happen, for example, if you specifically drew it to our attention during the sales process.

12.2 Laois does not exclude or limit in any way Laois’s liability where it would be unlawful to do so. This includes liability for:

12.2.1 death or personal injury caused by Laois’ negligence or the negligence of Laois’ employees, agents or subcontractors;

12.2.2 for fraud or fraudulent misrepresentation;

12.2.3 for breach of the Hirer’s legal rights in relation to the Equipment including the right to receive Equipment; and

12.2.4 for any matter for which Laois is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability

12.3 Laois is not liable for business losses. Laois only supply the Equipment for domestic and private use. If the Hirer uses the Equipment for any commercial, business or re-sale purpose Laois will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 AS A CONSUMER, THE HIRER HAS LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE EQUIPMENT. ADVICE ABOUT THE HIRER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM YOUR CITIZENS’ INFORMATION CENTRE OR THE COMPETITION AND CONSUMER PROTECTION COMMISSION. NOTHING IN THESE TERMS WILL AFFECT THE HIRER’S LEGAL RIGHTS AND REMEDIES.

 

13. AUTOMATIC CANCELLATION OF CONTRACT

Automatic termination at day 88 of the Contract term. Subject to Laois’ and the Hirer’s rights to cancel set out in the Contract, the Hire Period shall not exceed 88 days in any circumstances and each Contract will automatically end  88 days after the Commencement Date.

 

14. THE HIRER’S RIGHTS TO END THE CONTRACT

14.1 Ending the Contract because of something Laois has done or are going to do. If  the  Hirer is ending a Contract for  a reason set  out at  clause 1.1 to 14.1.5 below the Hirer may end the Contract immediately and Laois will refund the Hirer in full for any Equipment which has not been provided. The reasons are:

14.1.1 Laois has told the Hirer about an upcoming change to these Terms which the Hirer does not agree to;

14.1.2 Laois has told the Hirer about an error in the price or description of the Equipment ordered and the Hirer does not wish to proceed;

14.1.3 there is a risk that supply of the Equipment may be significantly delayed because of events outside of Laois’ control;

14.1.4 Laois has suspended supply of the Equipment for technical reasons, or notify the Hirer that it is going to suspend it for technical reasons; or

14.1.5 the Hirer has a legal right to end the contract because of something Laois has done wrong.

 

15. HOW TO END THE CONTRACT WITH LAOIS

15.1 Telling Laois. To exercise the right to cancel, the Hirer must inform Laois by a clear statement (e.g. a letter sent by post or e-mail), using the information above under “How to contact Laois” in clause 2.2 or by using the off-hire functionality provided on our website or the HSS app.

15.2 Returning Equipment after ending the Contract. If the Hirer ends the Contract for any reason after Equipment has been dispatched or delivered to the Hirer, the Hirer must return them to Laois or allow Laois to collect them. Please call your local branch using the information above under “How to contact Laois” in clause 2.2.

15.3 Costs of return. Laois may pay the costs of return subject to Laois being satisfied, acting reasonably, that:

15.3.1 the Equipment is faulty or misdescribed; or

15.3.2 the Hirer is ending the Contract because Laois told the Hirer of an upcoming change to the Equipment or these Terms, an error in pricing or description, a delay in delivery due to events outside Laois’ control or because the Hirer has a legal right to do so as a result of something Laois has done wrong.

In all other circumstances, the Hirer must pay the costs of return.

15.4 What Laois charges for collection. If the Hirer is responsible for the costs of return and Laois is collecting the Equipment from the Hirer, Laois will charge the Hirer the direct cost to Laois of

15.5 How Laois will refund the Hirer. Laois will refund the Hirer the price the Hirer paid for hiring the Equipment including delivery costs, by the method the Hirer used for payment. Laois will make any refunds due to the Hirer as soon as possible.

 

16. LAOIS’ RIGHTS TO END THE CONTRACT

 16.1 Laois may end the Contract if the Hirer breaks it. Laois may end the Contract at any time by writing to the Hirer if:

16.1.1 the Hirer does not, within a reasonable time of us asking for it, provide Laois with information that is necessary for Laois to provide the Equipment;

16.1.2 the Hirer does not, within a reasonable time, allow Laois to deliver the Equipment to the Hirer or the Hirer does not collect them from Laois ; or

16.1.3 the Hirer otherwise breaks these terms.

16.2 The Hirer must compensate Laois if it breaks the Contract. If Laois ends the Contract in the situations set out in clause 16.1, Laois will refund any money the Hirer has paid in advance for the Equipment Laois has not provided but Laois may deduct or charge the Hirer reasonable compensation for the net costs Laois will incur as a result of the Hirer breaking the Contract.

 

17. LATE PAYMENT

17.1 If the Hirer does not make any payment to Laois by the due date, Laois may charge interest to the Hirer on the overdue amount at the rate of 4% per annum above the base lending rate from time to time of Bank of Ireland. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Hirer must pay Laois interest together with any overdue amount.

 

18. IF THERE IS A PROBLEM WITH THE EQUIPMENT

18.1 How to tell Laois about problems. If the Hirer has any questions or complaints about the Equipment, please contact Laois by telephone or email using the relevant information above under “How to contact Laois” at clause 2.2.

 

PART C: TERMS APPLYING ONLY TO TRADERS

19. FORMATION OF CONTRACTS

No Hirer Terms will apply to any Contracts. Each Contract will be subject to these Terms to the exclusion of all other terms and conditions, including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.

 

20. THE EQUIPMENT

20.1 Liability for damage to Hirer’s property. Laois shall have no liability to the Hirer for damage to the Hirer’s property if the Hirer fails to comply with clause 4.3.

20.2 Consequences of parting with control of the Equipment. If the Hirer without the prior written consent of Laois, parts with control of the Equipment, the Hirer shall, immediately upon Laois’ request procure the return of the Equipment to the Hirer. If the Equipment is not returned to the Hirer within 5 days of Laois’ request, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of Laois .

20.3 Equipment will comply with the Contract. Laois shall:

20.3.1 during each Hire Period, ensure that the Equipment shall be of satisfactory quality, comply with any description provided by the Hirer and shall be fit for its intended purpose; and

20.3.2 on the Commencement Date, ensure that the Equipment shall comply with all applicable laws and statutory regulations and any reasonable instructions and guidelines issued by the Hirer at the time of hire, including health, safety and security standards.

20.4 What to do if the Equipment fails to comply with the Contract. If, at any time during the Hire Period, the Hirer becomes aware of a breach of clause 20.3 the Hirer shall give written notice of the breach to Laois as soon as reasonably possible once the Hirer has become aware of the breach.

20.5 Remedies if the Equipment fails to comply with the Contract. Following receipt of written notice under clause 20.4 Laois will:

20.5.1 repair the Equipment;

20.5.2 replace the Equipment with equipment of an equivalent or similar specification; or

20.5.3 reduce the Charges of the relevant Equipment by a sum which is fair in the circumstance.

These are the Hirer’s only remedy for a breach of clause 20.3.

20.6 Circumstances where Laois will not be liable. Laois shall not be responsible to the Hirer for any breach of clause 20.3 and shall not be required to repair or replace the Equipment in accordance with clause 20.5 if:

20.6.1 the breach arose directly as a result of any act or omission of the Hirer; and/or

20.6.2 the breach was caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment.

In such circumstances, and without prejudice to its other rights including those  in clause 4.7, Laois shall be entitled to charge the Hirer for attending Site to repair or replace Equipment.

 

21. DELIVERY

21.1 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Site where the Equipment is to be delivered. Acceptance of delivery of the Equipment by such representative shall constitute conclusive evidence that the Hirer has accepted such delivery.

21.2 Time of delivery of the Equipment and/or performance of the Contract will not be of the essence.

21.3 If the Equipment is unavailable for inspection or collection within 5 days of the scheduled date for inspection or collection as agreed between Laois and the Hirer, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment as set out in clause 4.7 and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of Laois .

21.4 If Laois delivers a quantity of the Equipment less than the quantity specified in the Order, the Hirer shall agree the shortages with Laois and note the same on the delivery document. The Hirer may elect to:

21.4.1 refuse to take delivery of or reject the Equipment and the Hirer shall have liability for the cost of delivery only; or

21.4.2 take delivery of and keep the lesser quantity of Equipment or any part thereof and pay for them at the rate specified in the Order subject to a pro-rata reduction in the relevant charges.

21.5 If Laois delivers a quantity of Equipment greater than the quantity specified in the Order, the Hirer may elect to:

21.5.1 accept and pay for all the Equipment delivered at the Charges; or

21.5.2 accept and pay for the quantity specified in the Order and reject the excess.

 

22. CHARGES AND PAYMENT

22.1 Withholding tax. If the Hirer is required in accordance with the relevant tax laws to make any withholding in respect of taxes from payments made or due to Laois , it shall provide Laois with a certificate evidencing that withholding has been made and properly accounted for to the relevant tax authorities and shall provide Laois with such assistance as may reasonably be required to enable Laois to reclaim such taxes.

22.2 Hirer’s with Credit Accounts. If Laois has granted a credit account to the Hirer:

22.2.1 then payment of any Charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of the invoice; and

22.2.2 Laois may set a reasonable credit limit.

22.3 Laois may terminate if the credit limit is exceeded. Laois reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding its credit limit or the Hirer has already exceeded its credit limit.

22.4 Invoice queries. The Hirer should notify Laois in writing of any queries concerning invoices within 14 days of the invoice date. Laois will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after such date.

22.5 Late payment. If the Hirer does not make any payment to Laois in full by the due date, without prejudice to any other rights of Laois , Laois may charge you interest (both before and after judgment) on the amount unpaid in accordance with the  European Communities (Late Payment in Commercial Transactions) Regulations 2012 (SI 580 of 2012) and/or to suspend further Services to you or any of your associated companies.

 

23.  LAOIS’ LIABILITY

23.1 Non-excludable liability. Neither party excludes or limits its liability, if any, to the other party for:

23.1 death or personal injury resulting from its negligence or by the negligence of a person for whom it is vicariously liable;

23.2 any breach of its obligations implied by the Sale of Goods and Supply of Services Act 1980 and to the extent applicable the Sale of Goods Act 1893;

23.3 for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or

23.4 any matter which it would be illegal for it to exclude or to attempt to exclude its liability.

23.2 Tangible property liability. Subject to clauses 23.1 and 23.4, Laois’ maximum aggregate liability to the Hirer for loss of or damage to tangible property caused by its negligence or act or omission shall be limited to five million euros (€5,000,000).

23.3 Laois’ aggregate liability. Subject to clause 23.1 and 23.4, Laois’ maximum aggregate liability to the Hirer arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of Laois’ obligations under the Contract but excluding any liability which falls within clause 23.1, shall be limited in respect of each Contract, to the Charges and other sums paid or payable in respect of that Contract as specified in the Order.

23.4 Excluded types of liability. Subject to clause 23.1, neither party shall have any liability to the other party for any:

23.4.1 loss of profit (direct or indirect);

23.4.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect);

23.4.3 loss of goodwill, loss of reputation, loss of opportunity and/or loss of operation (in each case whether direct or indirect);

23.4.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect);

23.4.5 liability of the other party to third parties (whether direct or indirect); or

23.4.6 indirect, consequential or special loss,

arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of that party’s obligations under the Contract and/or any defect in or breakdown of the Equipment or the Equipment’s unsuitability for the Hirer’s intended purpose.

23.5 The Effect of clause 23.4 on the Hirer’s liability. Clause 23.4 shall not limit or exclude Laois’ ability to claim against the Hirer in respect of:

23.5.1 any loss of or damage to Equipment subject to any Damage Waiver or Damage Waiver Plus applying;

23.5.2 the ability to recover the Charges applicable for any remaining Hire Period on early termination of any Contract as set out in these Terms; and/or

23.5.3 costs and expenses in respect of recovery of the Equipment as set out in these terms.

23.6 Laois’ entire liability. The Contract set out the full extent of Laois’ obligations and liabilities in respect of the Equipment including the hire of Equipment to the Hirer. There are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Hirer except as specifically stated in the Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.

 

24. CANCELLATION

24.1 The Hire Period will not exceed 88 days. Where the hire is to a Hirer who is a “consumer” under the Consumer Credit Act 1995, the Hire Period shall not exceed 88 days, after which time the relevant Contract shall be deemed to have automatically terminated.

24.2 Grounds for mutual termination. Either party may, immediately on giving written notice to the other party, terminate the Contract and/or the relevant Contract without payment of compensation if the other party:

24.2.1 commits a material breach of the Contract which is incapable of remedy;

24.2.2 commits a material breach of the Contract which can be remedied but fails to remedy that breach within seven (7) days of a written notice setting out the breach and requiring it to be remedied being given by the other party; and/or

24.2.3 becomes Insolvent and each party shall notify the other party immediately upon becoming Insolvent.

24.3 Termination on Notice. Either party may terminate the Contract on giving the other party not less than five (5) days’ notice in writing.

24.4 Laois’ rights to terminate. Laois may terminate the Contract immediately on giving written notice to the other party if:

24.4.1 the Equipment is lost, stolen, seized, confiscated or in Laois’ reasonable opinion or the opinion of its insurer(s), damaged beyond repair;

24.4.2 the Hirer fails to pay any of Laois’ invoices within thirty (30) days from the due date for payment; or

24.4.3 the Hirer (or its associated persons, agents or subcontractors) is shown not to be running its business in accordance with applicable law and regulations and with high levels of governance and ethical standards or cannot evidence such standards by way of appropriate policies and controls (or otherwise) to Laois’ reasonable satisfaction, including but not limited to compliance with the Criminal Justice (Corruption Offences) Act 2018, the Criminal Justice (Human Trafficking) Act 2015 and the General Data Protection Regulation.

24.5 Accrued rights and remedies will not be prejudiced by termination or expiry. The termination of the Contract (or any part of it) shall be without prejudice to the rights and remedies of either party which may have accrued up to the date on which the Contract expires or is cancelled for whatever reason.

24.6 Consequences of termination or expiry. Upon the termination or expiry of the Contract, howsoever caused, without prejudice to any other rights or remedies of Laois:

24.6.1 Laois shall be entitled to invoice all Charges and Additional Charges incurred which have not yet been invoiced;

24.6.2 the Hirer shall pay on demand all Charges and Additional Charges which are due but are unpaid at the date of demand, together with any interest accrued; and

24.6.3 the Hirer shall pay on demand all costs and expenses incurred by Laois in recovering the Equipment and/or in collecting any sum due under the Contract (including any storage, transport, insurance, repair, legal and remarketing costs).

24.7 Hirer’s rights to Equipment ends when the Contract ends. Without prejudice to the remainder of these Terms, on the termination or expiry of any Contract Laois’ consent to the Hirer’s possession of the Equipment shall terminate and Laois may take possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located.

24.8 Definition of Insolvent. “Insolvent” means where a person ceases to trade, is unable to pay its debts as they fall due or where a person becomes, or is likely to become, insolvent or bankrupt including where a person has a receiver, examiner, liquidator or provisional liquidator appointed; is subject to a notice of intention to appoint an examiner; passes a resolution for its winding-up has a winding up order made by a court in respect of it; enters into any composition or arrangement with creditors (save in respect of a solvent restructuring) or has any steps or actions taken in connection with any of these procedures in any jurisdiction.

 

25. INTELLECTUAL PROPERTY RIGHTS

No right of licence is granted to the Hirer in respect of any intellectual and industrial property rights whether registered or unregistered (including know  how and rights to prevent passing off) in Ireland and all other countries in the world and together with all applications, renewals and  extensions of the same of Laois, except the right to use the Equipment in the Hirer’s ordinary course of business for the purpose for which they were supplied.

 

26. CONFIDENTIALITY

26.1 Use of Confidential Information. Each party will keep secret and confidential all confidential information concerning the business, affairs, customers, clients or suppliers of the other party which is disclosed or obtained in connection with the Contract and/or any Contract and shall not use nor disclose the same save for the purposes of the Contract or with the prior written consent of the relevant party. Where disclosure is made to any employee, consultant, sub-contractor or agent, who needs to know the confidential information for the purposes of the Contract and/or any Contract it shall be done subject to the obligations set out in the Contract and each party shall procure that any such employee, consultant, sub-contractor or agent complies with such obligations.

26.2 Exceptions to obligations of confidentiality. The obligations of confidentiality in this clause shall not extend to any matter which:

26.2.1 is in or enters the public domain other than as a result of a breach of the obligations of confidentiality under the Contract; or

26.2.2 is independently disclosed by a third party entitled to disclose the same; or

26.2.3 is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.

 

27. NOTICES

27.1 Method and Address for notices. Any notices sent under the Contract must be in writing, delivered by hand or sent by registered post or recorded delivery to the parties at their registered addresses. Any notice or communication given in accordance with clause 1 shall be deemed to have been served:

27.1 if delivered by hand, at the time of delivery; or

27.2 if sent by registered post or recorded delivery at 9.00 a.m. on the second Business Day after the date of posting.

 

28. GENERAL

28.1 Entire Agreement. The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:

28.1.1 neither party has entered into the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and

28.1.2 nothing in this clause 1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.

28.2 No Partnership. Nothing in the Contract and no action taken by the parties in connection with it or them shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.

28.3 Independent Contractor. Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.

 

PART D: GENERAL TERMS APPLYING IN RESPECT OF THE SALE OF GOODS

In this Part D the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:

“Additional Charges” means charges applicable to the purchase of the Goods which are charged in addition to the Charges;

“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, Laois standard charges for the relevant Goods in force on the date Laois issues a written acceptance of the Order to the Purchaser;

“Contract” means the contract between Laois and the Purchaser formed in accordance with clause 31;

“Delivery Location” means the Purchaser’s premises or delivery address as provided in the Order;

“Goods” means the goods or products to be purchased from Laois by the Consumer or Trader as listed in the Order, all substitutions, replacements or renewals of such goods and all related accessories, manuals and instructions provided for the goods;

“Order” means the individual orders for the purchase of Goods placed by the Purchaser from time to time in accordance with these Terms;

“Purchaser” means the Consumer or Trader who purchases Goods from Laois pursuant to an Order;

 

29.  GENERAL

29.1 Clauses 8, 9, 10 and 11 shall apply in respect of the purchase of Goods by a Purchaser from Laois and for the purpose of this clause 29.1 shall be construed as referring to a Purchaser instead of Hirer, to Goods instead of Equipment and the words Contract and Order shall be construed as defined in this Part D.

29.2 Clause 12 shall apply in respect of the purchase of Goods by a Purchaser who is a Consumer and for the purpose of this clause 29.2 shall be construed as referring to a Purchaser instead of Hirer, to Goods instead of Equipment and the word Contract shall be construed as defined in this Part D.

29.3 Clauses 23.1-23.4, 23.6, 24.2-24.6 and 24.8 shall apply in respect of the purchase of Goods by a Purchaser who is a Trader and for the purposes of this clause 29.3 shall be construed as referring to a Purchaser instead of Hirer, to Goods instead of Equipment and the words Additional Charges, Charges, Contract and Order shall be construed as defined in this Part D.

 

30. INFORMATION ABOUT LAOIS AND CONTACTING LAOIS

30.1 Who is Laois. The name, company registration number, registered office address and VAT number of the relevant Laois company from which the Goods will be purchased is set out in the Contract.

30.2 How to contact Laois. If the Purchaser has any questions or if the Purchaser has any complaints, the Purchaser should contact Laois. Laois can be contacted by calling 1850 20 40 40, e-mailing your local branch, or by post at Laois Hire, Clonminam, Portlaoise, Co. Laois.

30.3 How Laois may contact the Purchaser. If Laois has to contact the Purchaser, Laois will do so by telephone or by writing to the Purchaser at the email address or postal address the Purchaser provides to Laois in the Order.

 

31. FORMATION OF CONTRACT AND ORDERS

31.1 The Purchaser’s Order is an offer to purchase from Laois. Each Order placed by the Purchaser will be an offer by the Purchaser to purchase the Goods on these Terms. The Purchaser will ensure that each Order is accurate and complete and that the Goods are suitable for the Purchaser’s requirements.

31.2 How we, Laois, accept the Order. A Contract will be formed between Laois and the Purchaser for the provision of the Goods set out in the Order, when Laois issues a written acceptance of the Order to the Purchaser.

31.3 Laois may not accept your Order. If Laois is unable to accept an Order for any reason, Laois will inform the Purchaser of this and will not charge for the Goods.

31.4 When will the Contract commence. The Contract shall commence on the date on which the relevant Contract is formed in accordance with clause 31.2.

 

32. CHARGES AND PAYMENT

32.1 Where to find the Charges. The Charges (which includes VAT) will be the price indicated on the order pages (or otherwise notified to the Purchaser) when the Purchaser places the Order.

32.2 When the Purchaser must pay and how. The Purchaser must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by Laois shall be paid by the Purchaser within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.

32.3 If the Purchaser fails to make any payment due to Laois under this agreement by the due date for payment, then, without limiting Laois’ remedies, the defaulting party shall pay interest on the overdue amount at the rate of 4% a year above Bank of Ireland’s base rate from time to time. This interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

32.4 If the Purchaser disputes any invoice or other statement of monies due, the Purchaser shall immediately notify Laois in writing. The parties shall negotiate in good faith to attempt to resolve the dispute promptly. Laois shall provide all evidence as may be reasonably necessary to verify the disputed invoice or request for payment.

 

33 QUALITY

33.1 The Goods supplied to the Purchaser by Laois shall:

33.1.1 be of merchantable quality (within the meaning of the Sale of Goods and Supply of Services Act 1980) and fit for any purpose held out by Laois ;

33.1.2 in all other respects comply with the Sale of Goods Act 1893 and Sale of Goods and Services Act 1980; and

33.1.3 comply with all applicable statutory and regulatory requirements.

33.2 Laois shall obtain and maintain in force all licences, permissions, authorisations, consents and permits needed to supply the Goods in accordance with the Terms.

 

34. DELIVERY

34.1 The Purchaser shall collect the Good from Laois , or if agreed with Laois , Laois will deliver the Goods to the Delivery Location.

34.2 Delivery is completed on the completion of loading of the Goods at the Delivery Location or Laois’ premises as applicable.

34.3 Laois shall have no liability for any failure or delay in delivering an Order to the extent that any failure or delay is caused by the Purchaser’s failure to comply with its obligations under these Terms.

34.4 If the Purchaser fails to take delivery of Goods within three business days of Laois notifying the Purchaser that the Goods are ready for collection, then, except where that failure or delay is caused by Laois’ failure to comply with its obligations under these Terms:

34.4.1 delivery of Goods shall be deemed to have been completed at 9.00 am on the third business day following the day on which Laois notified the Purchaser that the Goods were ready for collection;

34.4.2 Laois shall store the Goods until delivery takes place, and charge the Purchaser for all related costs and expenses (including insurance).

 

35. ACCEPTANCE AND DEFECTIVE PRODUCTS

35.1 The Purchaser may reject any Goods delivered to it that do not comply with clause 33, provided that:

35.1.1 notice of rejection is given to Laois:

  • in the case of a defect that is apparent on normal visual inspection, within five Business Days of delivery;
  • in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and

35.1.2 none of the events listed in clause 35.3 apply.

35.2 If the Purchaser fails to give notice of rejection in accordance with clause 35.1, it shall be deemed to have accepted these Goods.

35.3 Laois shall not be liable for the failure of any Goods to comply with the warranty set out in clause 33 in any of the following events:

35.3.1 the Purchaser makes any further use of those Products after giving notice in accordance with clause 35.1;

35.3.2 the defect arises because the Purchaser failed to follow Laois’ oral or written instructions for the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

35.3.3 the Purchaser alters or repairs the Goods without the written consent of Laois ;

35.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

35.3.5 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

35.4 If the Purchaser rejects the Goods under clause 35.1 then the Purchaser shall be entitled to:

35.4.1 require Laois to repair or replace the rejected Goods; or

35.4.2 require Laois to repay the price of the rejected Goods in full.

Once Laois has complied with the Purchaser’s request, it shall have no further liability to the Purchaser for the rejected Goods’ failure to comply with clause 33.

 

36. TITLE AND RISK

36.1 Risk in the Goods shall pass to the Purchaser on delivery.

36.2 Title to the Goods shall not pass to the Purchaser until Laois receives payment in full (in cash or cleared funds) for the Goods.

36.3 Until title to the Goods has passed to the Purchaser, the Purchaser shall:

36.3.1 store those Goods separately from all other goods held by the Purchaser so that they remain readily identifiable as Laois’ property;

36.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to those Goods; and

36.3.3 maintain those Goods in satisfactory condition and keep them insured on Laois’ behalf for their full price against all risks with an insurer that is reasonably acceptable to Laois.

 

Version: March 2020