Terms & Conditions
Conditions of Hire, Sale and Repair
- Definitions and General
The contract is the document or documents that sets out these conditions and all other conditions and all other details about your agreement with us. The contract comes into being when you have placed an order and have agreed to be bound by these conditions and we have accepted your order.
“We” and “Us” and “Owner” means David Scanlan t/a Easy Hire.
“You” and “Hirer” and “Purchaser” means the hirer or the buyer of the goods.
“Goods” means the items referred to in the contract.
“Day” means nine (9) working hours.
“Week” means five (5) working days
These conditions override any other terms and conditions unless agreed by us in writing. If you deal with us as a customer these conditions do not affect your rights. This Contract will be governed by the laws of Ireland and the Irish Courts shall have jurisdiction.
- The Hirer’s order whether oral or in writing, for the supply of goods shall be constructed as an expressed acceptance of these Terms and Conditions of Hire, and in so far as any provision of the Hirer’s said order be inconsistent therewith, these general Terms and Conditions of Hire shall be deemed to prevail.
- Any variation in the contract will be in writing.
- The Hirer warrants that no representations have been made to him concerning the goods and in particular their suitability for any purpose or for work in any particular place and that in entering into this Contract the Hirer does not rely on any such representation and has satisfied himself independently upon all such matters, and accordingly the Hirer shall seek no relief in respect of any such representation and in particular shall bring no proceedings for misrepresentation.
- Hire Charges
You must pay the hire charges shown overleaf starting at the time of the Contract and continuing until either we give you an off-hire number or a returns docket whichever is earlier. Charges are worked out on a weekly or daily basis in accordance with the definitions above. You will be charged for Saturdays but not Sundays and Public Holidays.
- Payment Terms
- Payment is on a cash on delivery basis. In the case of hire goods we may request and/or repeat open cheques or credit card details from you which under this agreement you authorise us to complete for immediate and subsequent payments.
- If we agree credit terms you must ensure payment is received by us before expiry of those terms. You must notify us in writing of any queries regarding invoices within ten (10) working days of the end of invoice month. There will be no extension to credit terms for unresolved queries that have been notified after this period.
- Delivery and Collection Charges
Hire charges do not include carriage. You must pay us any agreed charges for delivering or collecting the goods. If you cause additional unreasonable time delays in the collection or delivery of goods you must pay any extra costs incurred.
- Responsibility When Hiring Goods
- You are deemed to be fully conversant in the proper use and management of all goods hired and we are not responsible for any coaching or instruction in respect of use or maintenance. You must ensure everyone who uses the goods is properly instructed on their correct and safe use.
- You must load and unload the goods although we may be able to provide a member of staff to assist you.
- You are responsible for the goods once you receive them. You must protect the goods to include keeping them safe from weather, theft, vandalism or improper use. Once you receive an off-hire number you will no longer be charged for the goods however your responsibility for the goods continues until we have either physically collected the goods and have given you a signed receipt or have given you a returns docket. You must not sell or in any way give up control of the goods.
- You will be responsible for any death, injury, loss or damage caused by the goods being misused or carried incorrectly while they are hired by you.
- You must inform us in writing if you intent to move the goods to another location than that agreed with us.
- Electrical Goods
If you need to change the plugs or sockets of the goods this must be done by a competent person and all goods must be returned in their original condition. You must make sure you have a suitable supply of electricity for the goods. Never use electrical goods that are not earthed correctly. You must comply with all regulations and standards that apply to the goods.
The Hirer shall not without the consent of the Owner assign, sub-let, mortgage, charge, pledge, part with possession or otherwise deal with the goods.
- Maintenance, breakdown procedures, accidents
You must keep the goods clean and look after daily maintenance. You must take necessary steps to make the goods safe and to protect them against theft or damage. If the goods break down or are not working properly, you must report this to us immediately. You must not repair the goods but return the goods to us and we will try and replace or repair them as soon as reasonably possible after you have reported it to us. If you return goods damaged or unclean you must pay our reasonable costs of repairing and/or cleaning. You must inform us immediately in writing if the goods are involved in any accident resulting in damage to the goods or other property, or injury to any person. You must not continue to use the goods where they have been damaged.
- Limits of our Liability
- New goods are subject to manufacturers’ warranty only. There are no guarantees and/or warranties when you buy second-hand goods.
- Times quoted for delivery or collection are approximate.
- We will not be liable for delays caused by circumstances beyond our control.
- We will not be liable for any indirect loss to include loss of business or profits, savings you expected to make, wages, fees or expenses caused by the breaking down of the goods or any part of them.
- Without prejudice to the provisions for payment herein before set out, the Hirer shall be fully liable to the Owner, for damages for any breach of the contract howsoever arising.
- Failure to Collect Goods for Repair
If you leave goods into us for repair but fail to collect them within three (3) months of having been notified they are ready for collection the ownership of the goods will transfer to us. If you do not wish to proceed with a repair having received an estimate of costs, you must collect your goods within seven (7) days of having been notified. Otherwise the items will be discarded.
- Insurance, Payment for goods lost, stolen or damaged
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.
- Ending this contract
We may end this contract if you fail to make payment or in any other way break this contract, become bankrupt, enter into an arrangement with any creditor or if you are a company, you go into liquidation or have a receiver appointed. If we end the contract in these circumstances, it will end immediately and we may repossess any or all of the goods. If we end the contract, it will not affect our right to recover any money you owe us under this contract or damages we claim as a result of you breaking this contract.
- Our Rights of Access
If we need to inspect, test, repair, service, replace or repossess the goods then at any reasonable time and after reasonable notice we may enter any land or premises (other than your home) where we reasonably believe the goods to be. In the event that we need to repossess the goods you must pay our costs in recovering the goods from you.
- Ownership of Goods
We own the goods until you have paid for them in full. Until you have paid for all the goods received, you hold all goods supplied by us on trust for us. If you sell on any goods before you pay for them you must hold any money you receive for those goods in trust for us.
Goods can only be taken back upon production of the invoice and a restocking charge of 10% will apply to all returns of goods subject to a minimum charge of €10 together with any delivery/collection charges. This applies to all transactions unless agreed in advance in writing on each and every occasion. You must retain and furnish if requested a copy of proof of return of goods signed by us in order to receive a credit or refund.
- Separate Terms, Waiver
If any term of this contract cannot be enforced, this will not affect the remaining terms. A decision by us not to enforce any of our rights will not prevent us from enforcing those or other rights we may have at a later time.
The Hirer/Purchaser or servants or agents hereby indemnifies David Scanlan t/a Easy Hire against any loss arising from any property damage or bodily injury incurred as a result of the use of the goods either directly or indirectly held under this agreement. The indemnity covers all claims, costs (including legal costs) or demands made by any party/parties affected by such actions.