Standard Terms and Conditions of Hire
“Supplier” means Stephen Keys Plant & Services Limited Company Number 670448 T/A SK Hire, Renny, Lettermacaward Co. Donegal, F94 T326 Ireland, and its agents, successors, and assigns.
“Hirer”means You, your agents, servants, employees, contractors and/or sub-contractors.
“Hire Period”means the Commencement Date as defined in clause 2 to the date on which the Equipment is returned to the Supplier.
Trader” means a person who is acting for purposes related to the person’s trade, business, craft or profession, and includes any person acting in the name, or on behalf, of the trader.
“Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession.
UPON COMPLETING AN ORDER FOR EQUIPMENT YOU HEREBY ACCEPT TO BE BOUND BY THESE TEREMS AND CONDITIONS IRRESPECTIVE OF WHETHER YOU SIGNED THE ORDER DOCKET.
2 Commencement and term
2.1 This Agreement commences on the date of an order for Equipment (the “
Commencement Date”) and shall continue in force until the end of the Hire Period on the expiry of which it shall automatically terminate, unless terminated earlier pursuant to clause 13.
On and subject to the terms and conditions of this Agreement the Supplier agrees to hire the equipment as listed in the order (the “
Equipment”) to the Hirer for the Hire Period.
4 Delivery and collection of the equipment
4.1 The Supplier shall endeavour to deliver the Equipment by the delivery date but time of delivery is not of the essence.
4.2 The Supplier shall endeavour to provide the Equipment in good working order and fit for purpose and the Hirer shall have an opportunity to inspect the Equipment prior to hire.
4.3 The Supplier is only required to deliver the Equipment between Monday to Friday between 9:30am – 4:30pm (“
4.4 Unless the Supplier otherwise requires, packaging material accompanying the Equipment shall be disposed of by the Hirer at its cost.
4.5 The Hirer shall provide the Supplier with all the assistance it requires to deliver the Equipment.
4.6 The Hirer shall ensure that the conditions at the delivery location allow easy and safe delivery of the Equipment.
4.7 If the Hirer does not take delivery of the Equipment on time for any reason, the Supplier may store and insure it pending delivery, and the Hirer shall pay the Supplier’s storage and insurance charges.
4.8 The Hirer shall grant or procure the grant of access to the site to the Supplier to allow the collection of the Equipment and make the Equipment available for collection by the Supplier on the date and time agreed between the parties.
4.9 If the Supplier is unable to collect the Equipment as a result of the Hirer:
(a) not disclosing the location of the Equipment; or
(b) the Hirer not granting or procuring the granting of access to the site;
The Supplier may charge the Hirer any additional costs incurred by the Supplier.
4.10 Without the written consent of the Supplier, the Hirer may not use the equipment at any other place or places other than the place or places indicated on the order form.
5 Hirer duties
5.1 The Hirer shall:
(a) ensure that the conditions, premises and general environment in which the Equipment is kept and/or used do not adversely affect its condition or functionality or otherwise place it or any part if it at risk;
(b) ensure the safety of all staff and others who have access to the Equipment is maintained at all times;
(c) operate and use the Equipment only for the purposes for which it was designed;
(d) use the Equipment in compliance with all laws and applicable regulations including road traffic legislation, health and safety legislation which relates to the use of the Equipment and in accordance with any operating instructions; and
(e) ensure that all users of the Equipment are suitably trained, licenced and skilled in accordance with any operating instructions, all laws and applicable regulations including health and safety legislation, and road traffic legislation if applicable.
5.2 The Hirer shall maintain the Equipment in good working condition and repair. The Hirer shall not modify or make any alterations to the Equipment in any way.
5.3 Ownership of any replacement parts shall vest in the Supplier on their installation.
6 Possession and ownership of the equipment
6.1 The Supplier shall at all times retain ownership of the Equipment and the Hirer shall not do or allow to occur anything which might adversely affect the Supplier’s right, title or interest in the Equipment.
6.2 The Hirer shall ensure that the Equipment and the premises in which it is housed is kept safe and secure and that a level of security is provided in respect of it as is commensurate with best industry practice.
6.3 The Hirer shall not:
(a) create, or allow to be created over the Equipment any lien, charge or other security;
(b) lend, lease, sell or otherwise part with possession of the Equipment or represent it may do any of those things;
(c) connect or attach the Equipment to any land or buildings; or
(d) do anything that causes the Hirer’s insurance of the Equipment to become void or voidable.
6.4 The Hirer shall:
(a) store the Equipment separately from all other material in the Hirer’s possession;
(b) ensure that the Equipment is clearly identifiable as belonging to the Supplier;
(c) not remove or alter any identifying mark on the Equipment; and
(d) inform the Supplier immediately if it becomes or is reasonably likely to become subject to any of the events or circumstances set out in clause 13.4.
6.5 The Supplier may inspect the Equipment during Working Hours and the Hirer shall permit, or arrange permission for, access to such premises where the Equipment is kept to do so.
7 Damage or loss of Equipment
The Hirer shall pay to the Supplier all costs and expenses:
(a) in respect of rectifying any damage (inclusive of scratches, dents and marks) to the Equipment (fair wear and tear expected) which occurred during the Hire Period;
(b) in respect of the cleaning of the Equipment following the return of the Equipment, and in each case return the equipment fit for re-hire; and
(c) in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair.
8 Risk in the equipment
Risk in the Equipment shall pass to the Hirer when the Equipment leaves Supplier’s site.
The Hirer shall be responsible for taking out insurance in respect of the Equipment to cover loss, theft, damages or destruction to the Equipment from the commencement of Hire Period.
10 Equipment Operator
10.1 The Supplier may at the request of the Hirer (and depending on availability and necessity) supply the services of an operator (the “
10.2 Were the Hirer being a Trader, the Equipment Operator shall be deemed to be under the control of the Hirer and the Hirer shall be liable for the health and safety and wellbeing of the Equipment Operator and shall indemnify the Supplier against all personal injuries, workplace injuries, and WRC claims in relation to harassment and/or bullying, made by the Equipment Operator arising out of or under the provision of this service.
10.3 While the Supplier will endeavour to provide a suitably experienced Equipment Operator, the Hirer, being a Trader, shall satisfy itself that any relevant licences, safety pass, or any other permits or requirements required for the Equipment Operator to enter or/and carry out work on a site are in place, and the Hirer shall indemnify the Supplier in respect of any proceedings arising out of such oversight on behalf of the Hirer.
10.4 Notwithstanding clause 10.2 the Equipment Operator may refuse to carry out an instruction of the Hirer if in the opinion of the Equipment Operator or the Supplier the instruction is dangerous, would cause damage to property, threatens the safety of the Equipment Operator or any other person, or the Equipment is not fit for the particular instruction.
10.5 The Hirer, being a Trader, shall take out the relevant insurance to cover injury to third parties and damage to property caused by the Equipment Operator during the course of the service and while under the control of the Hirer.
10.6 This service may be discontinued at any stage during this Agreement at the absolute discretion of the Supplier.
11.1 The fees payable shall be at the rate or rates applicable to the Equipment as set out in the list of fees which may be subject to amendment or variation from time to time (the “
11.2 The Equipment shall not be put to use for more than 8 hours in any one period of 24 hours beginning on the Commencement Date without the prior written consent of the Hirer.
11.3 The Hire Fee shall be due and payable in cash in euro currency when the Equipment is Hired out by the Hirer, unless otherwise agreed with the Supplier; or,
11.4 In the case that the Equipment is not returned within 7 days of collection by or delivery to the Hirer, the Hire Fee shall be due and payable in cash in euro currency, and the Hire Fees shall be due and payable in cash in euro currency each 7 day period thereafter.
11.5 Approved account holders may be afforded a credit facility for 30 days from the day on which the Equipment is returned to the Supplier at the Suppliers discretion.
11.6 A deposit may be required by the Supplier at the time when the Equipment is ordered and the Hirer may be required pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow the Supplier take a deposit.
11.7 The deposit shall be a deposit against default by the Hirer of payment of any charges or loss or damage to the Equipment.
11.8 If the rate of VAT changes between the date an order is made and the date of payment the new VAT rate shall be applied unless payment has already been made.
11.9 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 the Supplier. It shall provide the Supplier with a certificate evidencing that the withholding tax has been made and properly accounted for to the relevant tax authorities and shall provide the |Supplier with such assistance as may be reasonable be required to enable the Supplier to reclaim such taxes.
11.10 Time of payment is of the essence. Where sums due under this Agreement are not paid in full by the due date:
(a) where the Hirer is a Trader, the Supplier may, without limiting its other rights, charge interest on such sums (both before and after judgment) in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (SI 580 of 2012) and/or suspend any service to the Hirer, and
(b) where the Hirer is a Consumer, the Supplier may charge interest to the Hirer at a rate of 4% per annum above the base lending rate of the Bank of Ireland to accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
12 Limitation of liability
12.1 The extent of the Suppliers’ total liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 12.
12.2 The total liability of the Supplier as referred to in clause 12.1 shall be limited in respect of each Agreement to the charges and other sums paid or payable in respect of that Agreement as specified in the order.
12.3 The Supplier shall not be liable for any of the following (whether direct or indirect):
(a) Loss of profit;
(b) Loss of or corruption to data;
(c) Loss of use;
(d) Loss of production;
(e) Loss of contract;
(f) Loss of opportunity;
(g) Loss of business;
(h) Loss of savings, discount or rebate (whether actual or anticipated);
(i) Harm to reputation or loss of goodwill;
(j) Liability of the other to third parties; or,
(k) Indirect, consequential or special loss.
12.4 Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:
(a)death or personal injury caused by the its negligence or by the negligence of a person for whom it is vicariously liable;
(b) fraud or fraudulent misrepresentation; or
(c) any other losses which cannot be excluded or limited by applicable law.
13.1 This Agreement may be terminated by the Supplier giving not less than two days’ notice to the Hirer or its agents or servants.
13.2 Notice may be provided through an electronic messaging service, text message, email, letter, fax or communicated orally.
13.3 Either party may terminate this Agreement at any time by giving notice in writing to the other party if:
(a) the other party commits a material breach of this Agreement and such breach is not remediable;
(b) the other party commits a material breach of this Agreement which is not remedied within 7 days of receiving written notice of such breach;
(c) any consent, licence or authorisation held by the other party is revoked or modified such that the other party is no longer able to comply with its obligations under this Agreement or receive any benefit to which it is entitled.
13.4 The Supplier may terminate this Agreement at any time by giving notice in writing to the other Hirer if the Hirer:
(a) stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so;
(b) becomes the subject of bankruptcy;
(c) has a Personal Insolvency Practitioner appointed;
(d) becomes the subject of a Debt Settlement Arrangement; or
(e) is insolvent within the meaning of the Companies Acts 2014, as the case may be.
14 Consequences of termination
14.1 At the end of the Hire Period or any earlier termination of this Agreement the Hirer shall:
(a) at its own cost promptly (and as the Supplier may specify) either:
(a) deliver the Equipment to the Supplier or its nominees at such other location as it may notify to the Hirer; or
(b) make it available for collection by the Supplier or its nominees; and
(b) immediately pay all amounts payable by way of the Hire Fee regardless of whether due.
15 Confidential Information
15.1 Each part 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 this Agreement and/or any Agreement and shall not use nor disclose the same save for the purposes of the Agreement or with the prior written consent of the relevant party. Where discloser is made to any employee, consultant, sub-contractor or agent, who needs to know the confidential information for the purpose of this Agreement and any other Agreement it shall be done subject to the obligations set out in the Agreement and each party shall procure that any such employee, sub-contractor or agent complies with such obligations.
15.2The obligations of confidentiality in this clause 15 shall not extend to any matter which:
(a)Is in or enters the public domain other than as a result of a breach of the obligations of confidentiality under this Agreement;
(b)Is independently disclosed by a third party entitled to disclose the same; or,
(c)Is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.
16.1 The Supplier shall notify the Hirer of any environmental damage or destruction caused by the Equipment, or release from the Equipment of hazardous substances into the environment during the Hire Period.
16.2 The Supplier shall indemnify the Hirer in respect of any claims or actions arising from:
(a)environmental damage or destruction caused by the use of the Equipment during the Hire Period; and,
(b)the release of hazardous substances from the Equipment during the Hire Period.
17 Entire agreement
This Agreement constitutes the entire agreement between Supplier and Hirer and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.
No announcement or other public disclosure concerning this Agreement or any of the matters contained in it shall be made by, or on behalf of, the Hirer without the prior written consent of the Supplier, except as required by law, any court, any governmental, regulatory or supervisory authority (including, without limitation, any recognised investment exchange) or any other authority of competent jurisdiction.
19 Force Majeure
The Supplier shall not be liable for any consequences and delay or failure in the carrying out this Agreement caused by Force Majeure or circumstances outside the direct control of the Supplier.
No variation of this Agreement shall be valid or effective unless it is in writing, refers to this Agreement and is duly signed or executed by, or on behalf of, each party.
The plant or any part thereof shall not be re-hired, sub-let or lent to any third party without the Suppliers prior written consent.
The Hirer may not assign, subcontract or encumber any right or obligation under this Agreement, in whole or in part, without the Supplier’s prior written consent
23 Set off
Except as expressly set out in this Agreement, each party must pay all sums that it owes to the other party under this Agreement without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
24 No partnership or agency
Nothing in this Agreement constitutes, or shall be deemed to constitute, a partnership between the parties, nor make any party the agent of another party.
If any provision of sub-provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision or sub-provision of this Agreement shall not be affected.
No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under this Agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.
27 Third party rights
27.1 Subject to clause 27.2, no one other than a party to this Agreement,and permitted assignees shall have any right to enforce any of its provisions.
27.2 The affiliates or a subsidiary company of the Supplier shall have the right to enforce the provisions of this Agreement.
28 Jurisdiction and Governing Law
The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
This Agreement and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Ireland.
Hartnett Hayes Solicitor 2021©