GENERAL TERMS & CONDITIONS OF RENTAL OF "Extraloo" Products.
01. DEFINITIONS
(a) The "Owner" is the Company, firm or person renting "Extraloo" Products on rental and includes their successors, assigns or personal representatives.
(b) The "Customer" is the Company, firm or person, corporation or public authority taking the Owner's "Extraloo" Product on rental and includes their successors or personal representatives.
(c) A "day" shall be 24 hours unless otherwise specified in the Contract.
(d) A "week" shall be 7 consecutive days.
(e) 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 the 20th January shall expire on 20th February).
(f) The "Extraloo" Product shall be in the complete unit including any fittings, 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 "Extraloo" Product shall have the same meaning in such instrument remaining in operation or not.
02. GENERAL
The following terms are the Owner's standard Terms of Rental. Any contract made with the Customer is subject to these conditions, and acceptance of the "Extraloo" Products or use of the product on site (whichever is earlier), by the customer, his agent or any employee 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 variations of these terms shall be valid unless agreed in writing and signed by a Director or authorised representative of the Owner. The terms (if any) implied by sections 38 & 39 of the Sale of Goods and Supply of Services Act 1980 are hereby expressly excluded.
03. AVAILABILITY
The "Extraloo" Product is offered subject to being available to the Owner when the Customer's acceptance of the Contract is received by the Owner.
04. HIRE RATES AND PAYMENTS OF RENTAL CHARGES
(a) The "Extraloo" Product shall be rented at the rates set out in the rental form. Rental charges are payable in advance and will become due to the Owner from the date delivered to the site for the initial month or part of a month and subsequently for each calendar month in advance. The Owner preserves the right upon giving the Customer at least four weeks notice to vary the rental rates to reflect variations in the Owner's own costs and upon expiration of such notice varies rental rates shall apply.
(b) 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 Owner 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 18% 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 is no such rate, the corresponding nearest rate appropriate thereto) at the date upon which the said sums fall due or become payable and such interest shall accrue from day to day and to accrue after as well as before any Judgement.
05. LOADING AND UNLOADING
The Customer shall be responsible for providing unrestricted access to his site for the delivery of the "Extraloo" Product for his use, before it's unloading and reloading. Any driver, operator or flagman supplied by the Owner 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 Owner, arising out of or connected with the movement, loading or unloading of the "Extraloo" Product on the Customer's property or site during its delivery or recovery.
06. INSPECTION, CONDITION AND USE
(a) The Customer shall inspect and satisfy himself as to the condition of suitability of the "Extraloo" Product for his use, before it is either accepted or used on site, whichever is earlier. The Owner does not undertake that the product or any part thereof is fit for any particular purpose.
(b) The acceptance or use of the "Extraloo" Product (whichever is the 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 excepted.
07. FOUNDATIONS AND LOCATIONS
(a) The Customer shall provide suitable foundation in an acceptable position for the "Extraloo" Product to stand on. In case of doubt reference should be made to the Owner.
(b) The Customer shall not so locate or affix the "Extraloo" Product or make to any connections to it whereby the product may not be served there form or moved without damage to it whether by the Owner in exercise of its right hereunder or otherwise.
08. CUSTOMER'S RESPONSIBILITY FOR LOSS, DAMAGE AND INJURY
(a) The Customer alone shall be responsible for all claims whatsoever and be whomever made (including the Owner) arising out of or in connection with management, operation or use of the "Extraloo" Product.
(b) The Customer alone shall be absolutely responsible for:
(i) for safe keeping of the "Extraloo" Product during the rental period.
(ii) for the cleaning of the "Extraloo" Product to keep in good condition.
(iii) for the use of the "Extraloo" Product in conformity with its specifications and any relevant laws or regulations that the Contractor shall ensure that the "Extraloo" Product is not operated on any manner likely to result in undue decoration of the "Extraloo" Product. The Customer shall keep himself acquainted with the condition of the "Extraloo" Product and shall ensure that it has not been 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 "Extraloo" Product in such a condition the Customer shall be solely responsible for any damage, loss or accident resulting there from. The Customer shall make good to the Owner all loss or damage to the "Extraloo" Product to satisfactory operational condition.
(c) The Customer shall indemnify the Owner in respect of all claims and all proceedings, costs, charges and expenses arising there from by any person whatsoever for the 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 "Extraloo" Product or the use thereof.
(d) The Customer shall be absolutely responsible for the return of the "Extraloo" Product to the Owner on completion of the rental period in good working order condition and if the Customer fails to return the "Extraloo" Product for any reason whatsoever whether or involving any negligence or other fault on the part of the Customer, its servants or agents, then the Customer shall be liable to the Owner for:
(i) the whole cost of replacement of the "Extraloo" Product, and
(ii) the Owner's rental charges for the "Extraloo" Product until payment of the costs under (i) above.
09. LIMITATION OF LIABILITY
The Owner 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 "Extraloo" Product or any failure to make available or delay in making available any "Extraloo" Product.
10. INSURANCE
(a) The Customer shall be responsible at its own expense for insuring and keeping insured the "Extraloo" 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 "Extraloo" Product on site or usually covered by insurance in the type of business for which the & "Extraloo" Product is for the time being used, the "Extraloo" 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 Owner noted thereon. The Customer shall furnish a letter of waiver of the insurer's subrogation rights in favour of the Owner 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 Owner against all actions, costs, claims demands, loss, damage, proceedings and expenses of or by any person whomsoever arising from the rental of the "Extraloo" Product or its use or location.
(b) All monies recovered on foot of the aforesaid policy or policies of insurance shall be applied at the sole discretion of the Owner towards:
(i) the re-instatement of the "Extraloo" Product or,
(ii) in so far as possible in replacing the "Extraloo" Product with a product of similar type and quality (in which case the replacement product shall be held by the Customer under the terms of this contract), or
(iii) to be paid to the Owner to the extent necessary to discharge the Customer's liability to the Owner for the loss, theft, destruction thereof or damage to the "Extraloo" Product, any surplus being paid to the Customer.
(c) If the "Extraloo" Product is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner in writing and in respect of any claim not within the Customer's agreement to indemnify shall be made by the Customer without the Owner's consent in writing.
11. OTHER
The Customer shall not sublet or lend or part in any manner whatsoever the "Extraloo" Product or any part thereof to any third party without first receiving the written permission of the Owner.
12. CHANGE OF SITE
The Customer shall not move the "Extraloo" Product from the site to which it was delivered or consigned unless prior consent obtained from the Owner, such consent to be in writing.
13. SERVICING AND INSPECTION
The Customer shall at all reasonable times allow the Owner, his Agents or his insurers, to have access to the "Extraloo" Product to inspect, test, and adjust, to view the state of repair,alter or replace same. So 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 "Extraloo" Product available for this purpose outside the Working Week then the Owner 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.
14. REPAIRS AND ADJUSTMENTS
The Customer shall not or attempt to repair the "Extraloo" Product unless specifically authorised by the Owner. No allowance for rental charges or for the cost of repairs will be made by the Owner to the Customer unless such repairs have been specifically authorised by the Owner.
15. RETURN FOR REPAIRS
If at any time after the date of delivery any part of the "Extraloo" Product, the subject of the contract is in the opinion of the Owner in need of repairs he may stop the further use there until such repairs have been carried out on site, or the Owner may arrange for such "Extraloo" Product to be sent to the Owner's works for repair and delivery of the substitute "Extraloo" Product involved by giving written notice to the Customer provided that:
1. The Owner shall have the right to apply current rental rates in place of those set in the Rental Form referred to in Clause 4 above in respect of any such repaired or substituted "Extraloo" Product as from the date for the completion of repair or substitution, such current rental rates shall be those appearing on the published "Extraloo Weekly Hire Rates" sheet on that date plus amended rates for any additional fittings installed on the "Extraloo" Product and
2. If determination shall occur under this clause:
(i) within three calendar months from the date of delivery of such items to the site the Owner 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
(ii) more than three months from the date of delivery of such items the Owner shall be liable for all costs loading and return of such items provided always that the Customer and not the Owner shall be held liable for all such 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 "Extraspace" Product by the Customer or any person other than the Owner or its employees, servants or agents.
16. COMMENCEMENT AND TERMINATION OF RENTAL
The rental period shall commence from the date stipulated on the Contract when the "Extraloo" Product arrives at the Customers site and ceases when the "Extraloo" Product is returned to the Owner's works.
17. NOTICE OF TERMINATION OF CONTRACT
(a) The Contract shall continue for the minimum rental period set out overleaf unless determined by the Customer giving at least one weeks notice in writing to the Owner, and therefore in accordance with Clause 18 unless determined by either party giving at least one weeks notice in writing to the other.
(b) Upon any termination pursuant to (a) above or to the provision of Clause 21 (b) the Customer shall pay to the Owner.
(i) 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:
(ii) damages for any breach by the Customer of any obligation assumed by the Customer
under the Contract.
(iii) 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 would have expired.
(iv) the termination of the rental constituted by the Contract shall not affect any rights of the Owner or liabilities of the Costumer subsisting at the date of termination.
(c). Where no minimum rental period has been agreed or defined, the Contract may be terminated by either the Costumer or the Owner on giving one months written notice to the other (save that where the "Extraloo" Product has been lost or damaged no such notice may be given by the Costumer) and in the event of termination of the rental period by the Owner all the Owners' rights under the Contract will remain and are reserved.
18. EXTENSION OF CONTRACT
It is the Customer's responsibility to notify the Owner 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.
19. TRANSPORT
Transport of the "Extraloo" Product from the Owner's works to the site and return to the Owner's works on completion of the rental period shall be arranged by the Owner. The Costumer shall pay the cost of this transport which shall be invoiced to the Costumer and is payable on delivery of the "Extraloo" Product.
20. OWNERS PLATES
The Owner may affix his plates of mark on the "Extraloo" Product indication it is his property and the Costumer must not remove, deface, obscure or in any way cover up same.
21. PROTECTION OF OWNER'S RIGHTS
(a) The Costumer shall not re rent, sell, mortgage, charge, pledge, sub-let, lend, part with possession of or otherwise deal with the "Extraloo" 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 Owner against losses, damages, costs, charges and expenses that may be occasioned by failure to observe and perform this condition, except in the case of Government requisition.
(b) If the Costumer shall make default in punctual payment of all sums due to the Owner for the rental of the "Extraloo" Product or any other charges or shall fail to observe and perform the terms and conditions of this Contract, or if the Costumer shall suffer any distress or execution to be levied against him or make or propose to make any arrangements with his creditors or being a company shall go into liquidation (other than a member's voluntary installation) 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 Owner's rights in the "Extraloo" Product may be prejudiced or put into jeopardy, then the Owner must treat this Contract as wrongfully repudiated by the Costumer and accordingly the Owner may (without any notice or other act in the part of the Owner and not withstanding that the Owner may have waived some previous default or matter of the same or a like nature) retake repossession of the said "Extraloo" 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 Owner against the Costumer and shall not affect the right of the Owner to recover from the Costumer any monies due to the Owner under the Contract or damages for breach thereof.
22. ARBITRATION
If during the continuance of the Contract or any time thereafter any disputes, difference or question shall arise between the Owner and the Customer in regard to the Contract or the construction of these conditions or anything herein contained or the right of liabilities of the Owner or the Customer, such dispute, difference or question shall be referred pursuant to the Arbitration Acts of 1954-1980 or any statutory modification or re-enactment thereof to a sole arbitrator to be agreed upon by the Owner and Customer, and failing agreement to be appointed at the request of either the Owner or the Customer by the President for the time being of the Chamber of Commerce.
23. 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 "Extraloo" Product including but without limiting the generality of this Clause, Office Premises Act 1958, the Local Government (Planning and Development) Acts 1963 - 1990, the Safety, Health and Welfare at Works Act 1989 and the Factories Act 1955 - 1980, or any amendment, re-enacting or extension thereof.
24. PATENT AND TRADEMARKS
If an "Extraloo" Product or part thereof be the subject matter of a patent or trade mark then the Customer undertakes not to raise or cause to be raised any question concerning or any objection to the validity of such patent or trademark on any ground whatsoever and will give immediate notice in writing to the Owner of any infringement of such patent or trade mark and shall not obliterate or deface any such trademark.
25. OTHER
(a) The Owner shall have no liability for, nor 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 Owner.
(b) The Contract shall in all respects be interpreted in accordance with the laws of Ireland
(i) If any provision of the Contract is rendered unenforceable illegal or otherwise invalid in any respect of legislation or by court decree or other such in enforceability illegality or invalidity shall not affect any other provision of the Contract and the Contract shall then be construed as if such unenforceable illegal or invalid provisions have never been contained herein:
(ii) Any waiver, indulgence or forbearance by the Owner of any of the terms contained herein shall not affect the enforceability of such terms
(iii) The reliance on or enforcement of any of the terms contained herein shall give no right to the Customer to cancel the Contract
(c) Where there are two or more Customers, each shall be severally as well as jointly liable to the Owner for due performance and observance of all the terms and conditions of the Contract, and any notice given to any of such joint Customers shall be good notice to all such Customer.
(d). 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 address twenty-four hours after the posting of same.