Terms & Conditions

1 Definitions

Contract - the document or documents that set out these conditions and all other details about your agreement with us.

We, us – GH Group of Companies incorporating GH Energy Rentals Ltd and GH Hire Ltd  

You - the person, firm, company or other organisation hiring or buying the goods from us.

These conditions override any terms and conditions you may have put forward, unless we have agreed to any other conditions in writing.

These conditions do not affect your rights as a person dealing as a consumer, not for business purposes.

The contract will be governed by and interpreted in accordance with Republic of Ireland law.

 

2 Our charges

a. Charges for hiring goods

You must pay the hire charges shown in the contract. Hire charges will start at the time shown in the contract and will continue until:

• we have given you a collection or off-hire number; or

• you have returned the goods to us in a clean and usable condition and we have given you a receipt for them;

whichever is earlier.

 

Hire charges are due all the time you have the goods including Saturdays, Sundays and public holidays. You must pay all charges you owe when we ask for them.

 

b. Payment terms for buying goods

We will agree Payment Terms with you in writing when we agree to let you have a monthly account. These Payment Terms must be strictly observed. Where no Payment Terms are agreed, payment will be made in advance of delivery of goods.  All capital items purchased will be paid for on delivery of the goods.

 

c. Interest and other charges

If you do not pay any amount when it is due, we will add interest to the amount that is overdue. We will add interest each day at a rate equal to 4% above the Allied Irish Bank DAC's base rate at the time. Charging interest will not affect any

other rights we may have. You must also pay any of our reasonable expenses in recovering money or goods from you.

 

3 Delivery and collection charges

You must pay us any agreed charges for delivering or collecting the goods. If we

quote carriage charges, these only cover the time needed to load or unload our vehicle at the address you have specified. You must pay

 extra for any further time you cause us to spend, including if we try to follow your instructions for

delivering or collecting the goods but cannot do so because of your acts or failure to do something.

 

4 Maximum hire period (if you are not a company or corporation)

If you are not a company or corporation, the contract will end within 3 months of the beginning of the period of hire. If you have not already done so you must return the goods to us on the day before the end of the 3-month period. If you fail to do this we may charge you for any financial loss we suffer as a result.

 

5 When the contract starts

The contract comes into effect when you have placed an order and agreed to keep to these conditions, and we have accepted your order.

 

6 Safety instructions for hired goods

You must make sure that everyone who uses the goods is properly instructed on how to use them safely and correctly, and that they have all the instructions we have supplied. You must make sure the goods are not misused.

 

7 Your responsibility when hiring goods

a. You must unload and load the goods at the address specified by you. You must also load and unload the goods at our premises when you, or your agent, collect or return the goods. If we supply any person to help you, you must give

him or her clear instructions when necessary.

b. You become responsible for the goods when you, or your agent, receive them. If the goods are delivered to you, this will be when your responsibility starts. Your responsibilities include protecting the goods and keeping them safe from the weather, theft, vandalism or improper use. At the end of the hire period you must return the goods unless you have made arrangements for us to collect them. Your responsibility does not end until the goods have been returned or collected and we are able to give you a receipt for them. You must not sell or in any way give up control of the goods.

c. You will be responsible for any death, injury, loss or damage caused by the

goods being misused while they are hired to you.

 

8 Electrical goods

If any part of the goods is electrical, it should be used with the original plugs or sockets fitted to it. If you need to fit other suitable plugs or sockets to the goods, this must be carried out by a competent person who must also return the goods to 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 unless the goods are double insulated. You must keep to all regulations which apply, including the Electricity Regulation Act 1999, while you are responsible for the goods.

9 Maintaining hired goods, breakdown procedures and reporting accidents

You must make sure the goods remain safe, clean and in working order. If the goods break down or are not working properly you must report this to us immediately. You must not repair the goods unless you are authorised by us. You must return the goods for us to examine them unless we have agreed otherwise. You must tell us immediately if the goods are involved in any accident resulting in damage to the goods or to other property, or injury to any person. You must take all necessary steps to make the goods safe and to protect them against theft or damage.

 

10 Where hired goods are placed

The hired goods must not be moved from any site agreed by us unless you have our written permission.

 

11 Limitation of liability

Except for liability on the part of the owner which is expressly provided for in the contract (including these Clauses):

a. the owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond his reasonable control;

b. the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the Hirer’s loss of profit, loss of use of the plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and/or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; and 

c. whenever the Contract (including these Clauses) provides that any allowance shall be the Hirer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made. 

 

12 Hirer’s responsibility for loss and damage

(a) For the avoidance of doubt it is hereby declared and agreed that nothing in this Clause affects the operation of Clauses 4, 5, 8 and 9 of this Agreement. Our clauses 7, 8 and 9 are similar

(b) During the continuance of the hire period the Hirer shall subject to the provisions referred to in sub paragraph (a) make good to the Owner all loss of or damage to the plant from whatever cause the same may arise, fair wear and tear excepted, and except as provided in Clause 9 herein, and shall also fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the plant during the continuance of the hire period, and in respect of all costs and charges in connection therewith whether arising under statute or common law. In the event of loss of or damage to the plant, hire charges shall be continued at idle time rates as defined in Clause 25 until settlement has been effected. 

(c) Notwithstanding the above the Hirer shall not be responsible for damage, loss or injury due to or arising: 

1. prior to delivery of any plant to the site (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the plant is in transit by transport of the Owner or as otherwise arranged by the Owner, 

2. during the erection and/or dismantling of any plant where such plant requires to be completely erected/dismantled on site, always provided that such erection/dismantling is under the exclusive control of the Owner or his Agent, 

3. after the plant has been removed from the site and is in transit on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense after it has joined such highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner, 

4. where plant is travelling to or from a site on a highway maintainable at the public expense (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Owner. 

 

13 Notice of Accidents 

If the plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owner’s office. In relation to any claim in respect of which the Hirer is not bound fully to indemnify the Owner, no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s consent in writing.

 

14 Insurance 

(a) The Hirer shall throughout the Period of Hire and until collection of the Equipment (without prejudice to any liability of the Hirer to the Owner) at its own expense insure the Equipment with a reputable insurance company against all loss or damage and also against all risks of third party liability arising out of the ownership presence of use of the Equipment in an amount equal to whichever is the greater of:

(i)the full new replacement value of the Equipment;

(ii) and the amount payable for the time being in accordance with the provisions of clause 14.C.4 below. 

(b) The Hirer will upon request by the Owner at any time produce to the Owner every such policy of insurance and the receipt for the current year's premium. If the Hirer shall fail to keep the Equipment insured as aforesaid to the satisfaction of the owner or to produce any such policy or receipt as aforesaid the Owner shall be entitled at the expense of the Hire to insure the Equipment and keep it so insured during the period mentioned above and the Hirer will pay to the owner on demand any sums expended by the Owner for such purpose with interest at the Default Rate from the time of the same having been expended until the date of actual repayment.

(c) The interest of the Owner in the Equipment shall be noted on the policy of Insurance which policy shall

(i)   name the Owner as the loss payee

(ii)  not be capable of cancellation by the insurers (at the request of the Hirer or otherwise) other than by 30 days' prior notice in writing to the Owner; provide that the insurers shall waive any breach of warranty under the policy of insurance as against the owner

(iii) The Hirer shall (so far as necessary) irrevocably authorise the insurers to pay to the Owner all monies payable under the said insurance policy in respect of any loss or damage to an or any part of the Equipment. The Hirer hereby irrevocably authorises the Owner.

(iv) in the name and on behalf of the Hirer to make any claim or claims against the insurers under the said insurance policy in respect of any loss of or damage to the Equipment or any part thereof and to settle or compromise such claim; and to receive and to give a good discharge to the insurers for any monies payable in respect thereof

(d) The Hirer shall not use or allow the Equipment to be used for any purpose not purpose not permitted by the terms and conditions of any policy of insurance for the time being relating to the Equipment nor do or allow to be done any act or thing whereby such insurance may be invalidated. 

(e) In the event of any loss of or damage to all or any part of the Equipment the Hirer shall give immediate notice to the Owner and shall make or assist in the making of any appropriate claim or claims under the said insurance policy in such manner as the Owner shall require and shall not in any manner settle or compromise any such claim without the prior written request of the Owner.

(f) The Hirer shall promptly reinstate or repair at its own expense Equipment which has not become a total loss or a constructive total loss and shall continue to pay Hire Charges in respect of such Equipment during such reinstatement or repair. All insurance monies received in respect of any such loss shall be applied firstly in or towards payment to the Owner of any amounts for the time being due and outstanding from the Hirer to the Owner hereunder and secondly in or towards reimbursing the Hirer for the costs of such reinstatement of repairs.

(g) In the event that during the Period of Hire any item of the Equipment ('the Destroyed Equipment') shall become a total loss of a constructive total loss (whether as a result of its being lost destroyed damaged beyond repair confiscated or otherwise) the hire thereof hereunder shall cease. In that event the Owner may apply any insurance proceeds received by it at its option;

(i) towards a replacement of equivalent size and value which replacement shall be deemed included in this Agreement for all purposes and the Hirer shall continue to be liable to pay Hire Charges in accordance with this Agreement as if such loss has not taken place; or towards payment to the Owner of:

(i.i) all payments of Hire Charges and all other monies then due or in arrear under this Agreement in respect of or attributable to the Destroyed Equipment together with interest thereon at the Default Rate; and 

(ii) all other sums and amounts due hereunder in respect of the Destroyed Equipment in question in respect of the termination of hire of the Destroyed Equipment.

(h) The Hirer shall remain liable to pay to the Owner any shortfall. Until such sums and any shortfall as aforesaid are paid the obligations of the Hirer under the Agreement (including those to pay Hire Charges in respect of the Destroyed Equipment) shall continue. Any surplus shall be paid to the Hirer. 

 

15 Ending the contract if you hire in the course of a business

We may end this contract if:

• you break this contract; or

• you become bankrupt; or

• as a company, you start to be wound up or a receiver or administrator is appointed over all or part of your assets; or

• you enter into any agreement with your creditors or a voluntary agreement IS

made which affects you; or

• you enter into a voluntary agreement.

 

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.

 

16 Ending the contract if you hire as a private individual and not in the course of a business

If you are hiring the goods as a private individual and not in the course of a business, we may end this contract if:

• you break this contract; or

• you become bankrupt; or

• you enter into a formal agreement with your creditors (those you owe money to).

 

If we end the contract in these circumstances we will work out the hire charges for the actual period you have had the goods.

 

17 Our rights of access

We may enter any land or premises where we reasonably believe the goods are. We may do this at reasonable times and after giving reasonable notice. We can only have this access if we need to inspect, test, repair, service, replace or repossess the goods.

 

18 Ownership of and responsibility for the goods you buy

a. If you buy any equipment from us, you will become responsible for loss or damage as soon as the goods are delivered to you.

b. We own the goods until you have paid in full for all the goods we have supplied. Until we have received full payment for the goods you will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours, other than your home, to recover our goods.

 

19 Separate terms

If any term in this contract cannot be enforced, this will not affect the remaining terms.

 

20 Government Regulations

The Hirer will be responsible for compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Factories Acts, Health and Safety at Work Act etc and observance of the Road Traffic Acts should they apply, including the cost of Road Fund Licences and any insurances made necessary thereby, save that if and during such time as the plant is travelling, whether for full or part journey from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the Hirer shall be responsible as aforesaid.