GENERAL CONDITIONS OF RENTAL OF “ECO MODULAR BUILDING” PRODUCTS
- The “Hirer” is the Company, firm or person renting the “ECO MODULAR BUILDING” Product on rental and includes
Their successors, assigns or personal representatives.
- The “Customer” is the Company, firm, person, corporation or public authority taking the Hirer’s “ECO MODULAR BUILDING” Product on rental and includes their successors or personal representatives.
- A “day” shall be 24 hours unless otherwise specified in the Contract.
- A “week” shall be 7 consecutive days.
- A “month” shall be the period from one day in the month to the same day in the next month (e.g. notice given on 1st April shall expire on 1st May).
- The “ECO MODULAR BUILDING” Product” shall be the complete unit including any fittings, furniture or special installations, which make up the unit. Terms appearing in these Conditions which also appear in any Statutory instrument controlling rates of rental of the “ECO MODULAR BUILDING” Product shall have the same meaning in such instrument remaining in operation or not.
The following terms are the Hirer’s standard Terms of Rental. Any contact made with the customer is subject to these conditions, and acceptance of the “ECO MODULAR BUILDING” Products or use of the product on site (whichever is the earlier), by the customer, his agent or an employee will signify the acceptance of the customer that these terms shall be the terms of the contract, to the exclusion of any other terms, including conditions, warranties and representations, written or oral, expressed or implied, by statue, common law or otherwise, even if contained in any documents which purport to provide that the Customer’s own terms or any other terms shall prevail. No variation of these terms shall be valid unless agreed in writing and signed by a Director or authorised representative of the Hirer. The terms (if any) implied by sections 38 and 39 of the Sales of Goods and supply of services Act 1980 is hereby expressly excluded.
The “ECO MODULAR BUILDING” Product is offered subject to being available to the Hirer when the Customer’s acceptance of the Contract is received by the Hirer.
- HIRE RATES AND PAYMENT OF RENTAL CHARGES
- The “ECO MODULAR BUILDING” Product shall be rented at the initial rates set out in the rental form overleaf. Rental charges are payable in advance and will become due to the Hirer from the date delivered to site for the initial month or part of a month and subsequently for each calendar month in advance. The Hirer preserves the right upon giving the Customer at least four weeks notice to vary the rental rates to reflect variations in the Hirer’s own costs and upon expiration of such notice varied rental rates shall apply.
- If the Customer shall fail to pay all or any of the amount herein required to be paid by the Customer then without prejudice to any other rights of the Hirer herein such unpaid sum or sums shall bear interest from and including the day after the same shall have become due (whether demanded or not) to the date of actual payment at the rate of 15% or if greater at the rate which shall exceed the highest interest rate charged from time to time by Bank of Ireland on overdrafts to individual customers by 5% (and if there shall be no such rate, the corresponding nearest rate appropriate thereto) at the date upon which the said sums fall due of become payable and such interest shall accrue from day to day and to accrue after as well as before any judgment.
- LOADING AND UNLOADING
The Customer shall be responsible for providing unrestricted access to his site for the delivery of the “ECO MODULAR BUILDING” Product for its unloading and reloading. Any driver, operator or flagman supplied by the Hirer shall be deemed to be a servant or agent of the Customer to be acting under his direction and control, who alone shall be responsible for all claims by any person whatsoever, including the Hirer, arising out of or connected with the movement, loading or unloading of the “Eco Modular Building” Product on the Customer’s property or site during its delivery or recovery.
6. INSPECTION, CONDITION AND USE
- The customer shall inspect and satisfy himself as to the conditions and suitability of the “ECO MODULAR BUILDING” Product for his use, before it is either accepted or used on site, whichever is the earlier. The Hirer does
Not undertake that the product or any part thereof is fit for any particular purpose.
- The acceptance or use of the “ECO MODULAR BUILDING” Product (whichever is earlier) by or on behalf of the
Customer is conclusive evidence that the product is in satisfactory and operational condition and properly
Maintained and the Customer undertakes to return the product in such condition, fair wear and tear
- FOUNDATIONS AND LOCATION
- The Customer shall provide suitable foundation in an acceptable position for the “\ECO MODULAR BUILDING” Product to stand on. In cases of doubt reference should be made to the Hirer.
- The Customer shall not so locate or affix the “ECO MODULAR BUILDING” Product or make any connections to it whereby the product may not be severed there from or moved without damage to it whether by the Hirer in excerise of its rights hereunder or otherwise.
- CUSTOMER’S RESPONSIBILITY FOR LOSS, DAMAGE AND INJURY
- The Customer alone shall be responsible for all claims whatsoever and by whomever made (including the Hirer) arising out of or in connection with management, operation or use of the “ECO MODULAR BUILDING” Product.
- The Customer alone shall be absolutely responsible for:
- the safe keeping of the “ECO MODULAR BUILDING” Product during the rental period,
- for the maintenance of the “ECO MODULAR BUILDING” Product in good condition,
- For the use of the “ECO MODULAR BUILDING” Product in conformity with its specifications and any relevant laws or regulations and the Customer shall ensure that the “ECO MODULAR BUILDING” Product is not operated on any manner likely to result in undue deterioration of the “ECO MODULAR BUILDING” Product. The Customer shall keep himself acquainted with the condition of the “ECO MODULAR BUILDING” Product and shall ensure that it is not used after it has become defective, damaged or in a dangerous state or in a state which results in a breach of any applicable law or regulation and if the Customer or any servant or agent of the Customer uses the “ECO MODULAR BUILDING” Product in such a condition the Customer shall be solely responsible for any damage, loss or accident resulting therefrom. The Customer shall make well to the Hirer all loss or damage to the “ECO MODULAR BUILDING” Product of whatsoever kind and from whatsoever cause, including loss of rental charges resulting from such loss or damage and the full cost of reinstating the “ECO MODULAR BUILDING” Product to satisfactory operational condition.
- The Customer shall indemnify the Hirer in respect of all claims and all proceedings, costs, charges and
Expenses arising therefrom by any person whatsoever for death of or injury to any person or destruction of
Or damage to property of whatsoever kind and to whomsoever it may belong or any other loss or damage
Of any kind whatsoever caused by or arising out of or in connection with the “ECO MODULAR BUILDING” Product or the use thereof.
- The Customer shall be absolutely responsible for the return of the “ECO MODULAR BUILDING” Product to the Hirer on completion of the rental period in good working order condition and if the Customer fails to return the “ECO MODULAR BUILDING” Product for any reason whatsoever whether or not involving any negligence or other fault on the part of the Customer, its servants or agents, then the Customer shall be liable to the Hirer for:
- the whole cost of replacement of the “ECO MODULAR BUILDING” Product; and
- The Hirer’s rental charges for the “ECO MODULAR BUILDING” Product until payment of the costs under (me) above.
- LIMITATION OF LIABILITY
The Hirer shall be under no liability whatsoever in respect of any death or injury or loss or damage of any kind whatsoever and howsoever arising including without prejudice to the generality of the foregoing any death or injury or loss or damage arising from any defect in the “ECO MODULAR BUILDING” Product or any failure to make available or delay in making available any “ECO MODULAR BUILDING” Product.
- The customer shall be responsible at its own expense for insuring and keeping insured the “ECO MODULAR BUILDING” Product and itself during the rental period against all loss or damage by accident, fire, theft and other
Risks arising from the presence or operation of the “ECO MODULAR BUILDING” Product on site or usually covered by
Insurance in the type of business for which the “ECO MODULAR BUILDING” Product is for the time being used, the
“ECO MODULAR BUILDING” Product to be insured to the full replacement value thereof with a reputable company
Under a comprehensive policy of insurance with the interest of the Hirer noted thereon. The Customer
Shall furnish a letter of waiver of the insurer’s subrogation rights in favour of the Hirer and upon demand
Furnish a copy of the said insurance policy and the receipt for the payment of the up to date premium
Thereon. Similarly the Customer shall take out such additional insurance, for example public liability
Insurance, as may be necessary to indemnify the Hirer against all actions, costs, claims, demands, loss,
Damage, proceedings, and expenses of or by any person whomsoever arising from the rental of the “ECO MODULAR BUILDING” Product or its use or location.
- All monies recovered on foot of the aforesaid policy or policies of insurance shall be applied at the sole
Discretion of the Hirer towards:
- the re-instatement of the “ECO MODULAR BUILDING” Product or,
- in so far as possible in replacing the “ECO MODULAR BUILDING” Product with a product of a similar type and quality (in which case the replacement products shall be held by the Customer under the terms of this contract), or
- To be paid to the Hirer to the extent necessary to discharge the Customer’s liability to the Hirer for the loss, theft, destruction thereof or damage to the “ECO MODULAR BUILDING” Product any surplus being paid to the customer.
- If the “ECO MODULAR BUILDING” Product is involved in any accident resulting in injury to persons or damage to
Property, immediate notice must be given to the Hirer in writing and in respect of any claim not within the
Customer’s agreement for indemnity shall be made by the Customer without the Hirer’s consent in
- 11. The customer shall not sublet or lend or part in any manner whatsoever the “ECO MODULAR BUILDING” Product or any part thereof to any third party without first receiving the written permission of the Hirer.
- CHANGE OF SITE
The Customer shall not move the “ECO MODULAR BUILDING” Product from the site to which it was delivered or consigned unless prior consent be obtained from the Hirer, such consent to be in writing.
- SERVICING AND INSPECTION
The Customer shall at all reasonable times allow the Hirer, his Agents or his insurers, to have access to the “ECO MODULAR BUILDING” Product to inspect, test, adjust, to view the state of repair, alter or replace same. As far as reasonably possible such work will be carried out at times to suit the convenience of the Customer. If the Customer can only make the “ECO MODULAR BUILDING” Product available for this purpose outside the Working Week then the Hirer reserves the right to charge the Customer for overtime costs. For the avoidance of doubt nothing herein shall be deemed to vary or diminish in any way the obligations of the customer.
- REPAIRS AND ADJUSTMENTS
The Customer shall not or attempt to repair the “ECO MODULAR BUILDING” Product unless specifically authorised by the Hirer. No allowance for rental charges or for the cost of repairs will be made by the Hirer to the Customer unless such repairs have been specifically authorised by the Hirer.
15 RETURN FOR REPAIRS
If at any time after the date of delivery any part of the “ECO MODULAR BUILDING” Product, the subject of the Contract, is in the opinion of the Hirer in need of repairs he may stop the further use there until such repairs have been carried out on site, or the Hirer may arrange for such “ECO MODULAR BUILDING” Product to be sent to the Hirer’s works and in the latter event the Hirer shall be entitled to replace such “ECO MODULAR BUILDING” Product forthwith the Hirer paying all transport charges involved in the removal of such “ECO MODULAR” Product to the Hirer’s works for repair and delivery of the substituted “ECO MODULAR BUILDING” Product and Contract shall continue as if the substituted “ECO MODULAR BUILDING” Product has been the subject thereof, or, alternatively the Hirer shall be entitled to determine the Contact forthwith in relation to the “ECO MODULAR BUILDING” Product involved by giving written notice to the Customer provided that
- The Hirer shall have the right to apply current rental rates in place of those set out in the Rental Form referred to in Clause 4 above in respect of any such repaired or substituted “ECO MODULAR BUILDING” Product as from the date of the completion of repair or substitution, such current rental rates shall be those appearing on the published “ECO MODULAR BUILDING Weekly Hire Rates” sheet on that date plus amended rates for any additional fittings installed on the “ECO MODULAR BUILDING” Product and
- If determination shall occur under this clause:
- within three calendar months from the date of delivery of such items to site the Hirer shall pay for the cost of all transport involved including that for original loading and transport to site and for reloading and return transport of such items; or
- more than three months from the date of delivery of such items the Hirer shall be liable for all costs of loading and return of such items; provided always that the Customer and not the Hirer shall be liable for all costs of loading and/or transport if the necessity for such repairs arises from the negligence of, or from the misdirection or misuse of the “ECO MODULAR BUILDING” Product by the Customer or any person other than the Hirer, or its employees, servants or agents.
- COMMENCEMENT AND TERMINATION OF RENTAL
The rental period shall commence from the time stipulated on the Contract when the “ECO MODULAR BUILDING” Product leaves the Hirer’s works and cease when the “ECO MODULAR BUILDING” Product is returned to the Hirer’s work.
- NOTICE OF TERMINATION OF THE CONTRACT
- The Contract shall continue for the minimum rental period set out overleaf unless determined by the
Customer giving at least one month’s notice in writing to the Hirer, and thereafter in accordance with
Clause 18 unless determined by either party giving at least one month’s notice in writing to the other.
- Upon any termination pursuant to (a) above or to the provisions of clause 21 (b) the Customer shall pay to the Hirer:
- all rental charges, including the rental charges for the period of the notice, and other sums due and unpaid at the date of such termination including any interest payable thereon in accordance with the contract;
- damages for any breach by the customer of any obligation assumed by the Customer under the contract;
- if such notice of termination is given before the expiry of the said minimum rental period, by way of compensation or liquidated damages a sum equivalent to three quarters of the total rental charge which but for such termination would thereafter have become payable between the date of termination and the date upon which the minimum rental period would have expired.
- The termination of the rental constituted by the Contract shall not affect any rights of the Hirer or liabilities of the Customer subsisting at the date of termination.
- Where no minimum rental period has been agreed or defined, the contract may be terminated by either the
Customer or the Hirer on giving one month’s written notice to the other (save that where the “ECO MODULAR BUILDING” product has been lost or damaged no such notice may be given by the Customer) and in the event of termination of the rental period by the Hirer all the Hirer’s rights under the Contract will remain and are reserved.
- EXTENTION OF CONTRACT
It is the customer’s responsibility to notify the Hirer if he wishes the Contract to be determined on the date agreed in the Contract. Where no such notification is given, rental shall continue until notice of determination is given, at the rates agreed on the contract.
Transport of the “ECO MODULAR BUILDING” Product from the Hirer’s works to the site and return to the Hirer’s works on completion of the rental period shall be arranged by the Hirer. The Customer shall pay the cost of this transport which shall be invoiced to the Customer and payable within 14 days of invoicing.
- HIRER PLATES
The Hirer may affix is plate of mark on the “ECO MODULAR BUILDING” Product indicating that it is his property and the Customer shall not remove, deface, obscure or in any way cover up same.
- PROTECTION OF HIRERS RIGHTS
- The Customer shall not rerent, sell, mortgage, charge, pledge, sub-let, lend, part with possession of or
Otherwise deal with the “ECO MODULAR BUILDING” Product or any part thereof except as provided under clause 11 and
Shall protect the same against distress execution or seizure and shall indemnify the Hirer against losses,
Damage, costs, charges and expenses that may be occasioned by failure to observe and perform this
Condition, except in the event of Government requisition.
- If the Customer shall make default in punctual payment of all sums due to the Hirer for the rental of the
“ECO MODULAR BUILDING” Product or any other charges or shall fail to observe and perform the terms and conditions
Of this Contract, or if the Customer shall suffer any distress or execution to be levied against him or make
Or propose to make any arrangement with his creditors or being a company shall go into liquidation (other
Than a member’s voluntary liquidation) or shall have a Receiver, Administrator, Administrative Receiver
Or Examiner appointed to the whole or any part of its assets and undertaking (including uncalled capital),
Or shall do or shall cause to be done or permit to suffer any act or thing whereby the Hirer’s rights in the
“ECO MODULAR BUILDING” Product may be prejudiced or put into jeopardy, and then the Hirer must treat this Contract as
Being wrongfully repudiated by the Customer and accordingly the Hirer may (without any notice or other
Act in the part of the Hirer and not withstanding that the Hirer may have waived some previous default or
Matter of the same or a like nature), retake possession of the said “Eco Modular” Product and for that
Purpose enter into or upon any premises where the same may be, determination of the rental under this
Condition shall be without prejudice to any other rights of the Hirer against the Customer and shall not
Affect the right of the Hirer to recover from the Customer any monies due to the Hirer under the Contract
Or damages for breach thereof.
If during the continuance of the contract or at any time thereafter any dispute, difference or question shall arise between the Hirer and the Customer in regard to the Contract or the construction of these conditions or anything herein contained or the rights or liabilities of the Hirer or the Customer, such dispute, difference or question shall be referred pursuant to the Arbitration Acts of 1954 to 1980 or any statutory modification or re-enactment thereof to a sole arbitrator to be agreed upon by the Hirer and Customer, and failing agreement to be appointed at the request of either the Hirer or the Customer by the President for the time being of the Chamber of Commerce.
- GOVERNMENT REGULATIONS
The Customer will be responsible for compliance with all obligations imposed by all relevant laws, statutory instruments, or bye-laws in relation to the “ECO MODULAR BUILDING the local Government (Planning and Development) Acts, 1963 to 1990, the Safety, Health and Welfare at Work Act, 1989 and the Factories Act 1955 to 1980, or any amendment, re-enactment or extension there of.
- PATENT AND TRADEMARKS
If a “ECO MODULAR BUILDING” Product or part thereof be the subject matter of a patent or trade mark then the Customer undertakes not be raise or cause to be raised any question concerning or any objection to the validity of such patent or trade mark on any ground whatsoever and will give immediate notice in writing to the Hirer of any infringement or threatened infringement of such patent or trade mark, and shall not obliterate or deface any such trade mark.
- (a) The Hirer shall have no liability for, or for any consequence of, any delay of or failure on its part in
Carrying out the Contract if such delay or failure is attributable to strike, lock-out, riot, civil commotion,
Act of war (whether or not war is officially declared), natural calamity or any other circumstances beyond
The control of the Hirer.
(b) The Contract shall in all respects be interpreted in accordance with the laws of Ireland.
(c) (i) If any provision of the Contract is rendered unenforceable illegal or otherwise invalid in any
respect by legislation or by court decree or other such inenforceability illegality or invalidity
shall not affect any other provisions of the Contract and the Contract shall then be construed as if
such unenforceable illegal or invalid provisions had never been contained herein:.
(ii) any waiver, indulgence or forbearance by the Hirer of any of the terms contained therein shall not
effect the enforeability of such terms:
- the reliance on or enforcement of any of the terms contained herein shall give no right to the Customer to cancel the Contract.
- Where there are two or more Customers, each shall be severally as well as jointly liable to the Hirer for
due performance and observance of all the terms and conditions of the Contract, and any notice given to
any one of such joint Customers shall be good notice to all such Customers.
- Any notice given by either party to the other may be sent by pre-paid post to the registered office or last
known address of the party to be served and if so sent shall be deemed to have been received by the
addressee twenty-four hours after the posting of same.