Laois Hire ( “the Company”, “we”, “us”) provides http://www.laoishire.com (the “website”) as an online information service. Your visit is subject to compliance with the terms and conditions set forth below.
CONDITIONS OF HIRE
The Person or Company hiring the machinery (hereinafter called the Hirer) hereby agrees with Laois Hire Services (hereinafter called the Owner) that any machinery
hired to them by the Owner shall be hired subject to the following conditions.
1. Hire charges will commence from the time stated on the contract and will continue until machinery is returned to depot or collected by our transport. All days
are charged including Saturday, Sunday and Bank Holidays.
2. Hire charges do not include carriage. Hirer will be responsible for all transport charges.
3. The Owner offers no warranties of any kind. All warranties or conditions expressed or implied are hereby expressly excluded.
4. The Person signing the contract warrants that he/she has the authority of the Hirer to make this contract on the Hirer’s behalf. The said Person hereby
indemnifi es the Owner against all losses and costs that may be incurred by the Owner if this is not so.
5. The Hirer shall be responsible for loading and unloading the plant at the address specifi ed by the Hirer, and likewise at the Owner’s premises when transported
by the Hirer or his agent and any person supplied by the Owner shall be deemed to be an employee of the Hirer at such time.
6. Hirer to be satisfi ed that machinery is in good working order on signing this agreement.
7. Electrical Plant must be connected to the current supply by a qualifi ed electrician. Electrical plant should not be used without it being correctly earthed.
8. The Hirer undertakes to comply with the directions given for the use, operation, storage and maintenance of the equipment either by the manufacturer of same
or the Owner, and to use and operate same solely for the purpose for which it is designed, and to ensure that it is used and operated solely by a person or
persons skilled in the use and operation of such equipment and check the equipment daily for oil, water, lubricants etc.
9. All breakdowns or the faulty, defective or unsatisfactory working of the equipment or any part thereof shall forthwith be reported to the Owner or his agent, and
it is expressly understood that for the purposes of this clause ‘forthwith’ shall mean on the same day that the breakdown shall occur, or the said faulty, defective
or unsatisfactory workings shall be discovered if the Owner can be contacted on that day, and otherwise be reported in writing to the Owner at the address
given in this agreement to reach the Owner within forty-eight hours of the said breakdown or the fault, defective, or unsatisfactory working of the equipment.
10. No repairs or adjustments to the equipment or replacement of any parts thereof shall be carried out by the Hirer without the authority in writing of the Owner.
11. Punctures, damage to tyres, wear and tear of all cutting or wearing edges shall not be considered as fair wear and tear but shall be charged to the Hirer.
Cleaning charges will be charged where necessary.
12. The Owner accepts no liability for any loss or damage or personal injuries arising from the non-delivery or non-operation of the equipment or for damage
caused by it.
13. The Hirer shall be responsible for the equipment for the entire period of hire, which commences from the date the equipment leaves the Owner’s premises, and
continues until it is received back there, and shall make good to the Owner all losses or damage to the equipment, fair wear and tear excepted.
14. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons or property caused by or in
connection with or arising out of the use of the plant and in respect of all costs and charges in connection therewith whether arising under statute or common
law. The Hirer must not allow plant to be operated by anyone without adequate qualifi cation or training.
15. Plant not returned will be charged for at manufacturers current price list. Hire fees incurred up to the time the loss was notifi ed to the Owner will not be taken
into account. Hire fees will continue until the Owner is able to replace or repair the lost plant.
16. Plant must not be moved from the original site specifi ed without the knowledge and consent of the Owner.
17. The ‘Deposit’ (equipment) herein before referred to is not a deposit, part-payment or payment in advance of hire, advance hire or any charges specifi ed in this
agreement and the Hirer shall not be entitled to appropriate or setoff same against the hire, advance hire or any charges so specifi ed and it is held by the Owner
on account of the equipment and may be appropriated by the Owner against the replacement or repair of same in the event of the damage, loss or destruction
18: (i) The legal and benefi cial title and ownership of the goods will not pass to the Hirer until the Owner has received in full (in cash or cleared funds) all sums
due and owing to it in respect of the goods supplied for hirer or otherwise AND in respect of all other sums which are or which become due to the Owner
from the hirer on any account.
(ii) Until ownership and title of the goods had passed to the Hirer, the Hirer will hold the goods on a fi duciary basis as the Owner’s Bailee and will store the
goods (at no cost to the Owner) separately from all other goods of the Hirer or any third party in a such a way that they remain readily identifi able as the
Owner’s property and will not destroy, deface or obscure any identifying mark or packaging relating to the goods and will maintain the goods in satisfactory
(iii) The Hirer shall keep all goods insured on the Owner’s behalf for their full price as against all risks to the reasonable satisfaction of the Owner and on request
the Hirer shall produce such a policy.
(iv) The Owner is entitled to recover payment for the goods notwithstanding the ownership of any of the goods has not passed to the Hirer.
(v) The Hirer grants to the Owner its agent and/or servants an irrevocable licence at any time to attend and enter on any premises where the goods are or may
be stored in order to inspect them or where the Hirer’s right to possession has terminated to recover them.
(vi) Nothing in this clause entitles the hirer to return the goods and refuse or delay payment on the grounds that the property and/or title has not passed.
(vii) The Owner’s exercise of its rights under this clause is without prejudice to the other rights contained in this contract.
(viii) The Hirer’s right to possession may terminate immediately when:
(a) the Hirer defaults on any payment due and owing,
(b) where the Hirer ceases or threatens to cease trading,
(c) where the Hirer encumbers or in any way charges the goods in any way inconsistent with the Owner’s right under this clause.
(d) Where the Hirer is declared bankrupt, enters liquidation, or is the subject of a request for appointment of receiver or examiner.