R1. The owner, Access Raised Flooring Ltd is the proprietor of the plant and equipment (“equipment”).
R2. The hirer will hire the equipment from the owner upon the terms and conditions in this Agreement.
1. Hire of plant and equipment
The hiring of the equipment will commence from the commencement date specified in the schedule and continue
for the term specified in the schedule.
The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
The hirer agrees to return the goods to the address of the owner on or before the end of the hire period as outlined
in the schedule
The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the
hire period, regardless of reason.
2. Payment for rental
The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period,
which includes any applicable GST, if a hire charge is applicable.
The hire fee must be paid to the owner prior to or on the commencement date of the hire period.
3. Use, operation and maintenance
The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to
accept all dangers and risks.
The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.
3.1 The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.
3.2 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
3.3 The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter and any spray tanks and spray equipment shall be thoroughly cleaned. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
4. Hirer’s warranties
4.1. The hirer warrants that:
4.1.1. the equipment will be used in accordance with the conditions outlined in the schedule;
4.1.2. the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
4.1.3. the equipment will not be used for any illegal purpose;
4.1.4. the hirer will make sure everyone who uses the goods is properly instructed on their correct and safe use;
4.1.5. the hirer is responsible for the goods once the hirer receives them until they have been returned to the owner. The hirer must protect the goods to include keeping them safe from weather, theft, vandalism or improper use;
4.1.6. the hirer will inform us in writing if the hirer intends to move the goods to another location than that agreed with the owner;
4.1.7. the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
4.1.8. the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
6. Loss, damage or breakdown of equipment
6.1. The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.
6.2. If there is a breakdown or failure of the equipment then the hirer shall return the equipment to the owner at the hirer’s expense; and
6.3. the hirer shall not attempt to repair the equipment.
7. Insurance, Payment for goods lost, stolen or damaged
7.1. If you fail to return hire goods to us when requested we will transfer the goods to a sale item and you will be charged the cost of replacing the goods. You should insure all goods for replacement costs.
8. Rights of access
8.1. If the owner needs to inspect, test, repair, service, replace or repossess the goods then at any reasonable time and after reasonable notice the owner may enter any land or premises where the owner reasonably believes the goods to be. In the event that the owner needs to repossess the goods you must pay our costs of he recovering the goods from you.
9.1. The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
10.1. To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
11. Title to goods
11.1. The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.
11.2. The hirer agrees not to offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession; or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
12.1. The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
12.2. If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
13. Completion of the hire period
13.1. The hire period is completed when the equipment has been returned to the owner:
13.1.1. in the same condition as when it was hired; and
13.1.2. on or by the date and time outlined in the schedule.
14.1. The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
15.1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
16. Governing law
16.1. This Agreement is governed by the laws of Ireland and the Irish Courts shall have jurisdiction.
17.1. In this Agreement, unless the context otherwise requires:
17.1.1. A reference to the singular includes the plural and vice versa;
17.1.2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
17.1.3. A reference to an individual shall include corporations and vice versa; and
17.1.4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.
17.2. In this Agreement, headings are for convenience only and do not affect interpretation.