Conditions of Use

THE PERSON or company/corporation/firm/public authority or body hiring the equipment (hereinafter called the hirer) hereby agrees with NK Plant Hire (trading on behalf of Noel Kelleher) (hereinafter called the Owners) that any piece of plant/machinery or tools (hereinafter called Equipment) hired to them by the owners shall be hired subject to the following terms and conditions of contract between the owners and hirer shall be governed by the interpretation in accordance with the laws of the Republic of Ireland.

1. THE OWNERS shall provide the Hirer with equipment in proper working order, the term of hire being at the discretion of the owner.

2. HIRE CHARGES: The charges payable by the Hirer to the owners shall be at the rate or rates applicable to the equipment as shown in the list of Rates in form at the commencement of the Hire Term. All charges are payable on demand. If payment is not made when due the owners will be entitled to interest on the amount that is overdue at 5% basic rate and calculated on a daily basis. The hirer will also pay to the owners any charges incurred in the recovery from the hirer of money or equipment still outstanding. This will be without prejudice to any other rights or redeems we may have.

3. PAYMENT: The Hire charges shall be on a cash basis settlement payable when the equipment is returned subject to allowance for the deposit. Approved account charges shall be settled within 30 days from the last day of the month in which hire ceased. Where however the hire period exceeds one month settlement shall be made within 30 days of the end of each month. The owner may set a reasonable credit limit for the hirer. The owner reserves the right to terminate or suspend the contract for hire of the hire goods and/or the provision of services if allowing it to continue would result in the hirer exceeding the credit limit or the credit limit is already exceeded.

4. DEPOSIT: The Hirer shall lodge with the owners an agreed deposit which will be accounted to the Hirer after such period as the owners require to verify that the hirer has returned the equipment in the same condition as it was in at the time of commencement of the Hire Term. In the event of the breach by the Hirer of any of the conditions of this agreement his deposit shall be forfeited to the Owners.

5. INSURANCE AND YOUR RESPONSIBILITY FOR STOLEN/DAMAGE OR LOSS OF EQUIPMENT: Risk in the equipment and any products will pass immediately to the hirer when they leave the owners possession and will not pass back to the owner until the equipment is back in the possession of the owner. This shall apply even if the owner has agreed to cease charging the rental.

6. CONDITIONS OF EQUIPMENT: In accepting delivery of the equipment the Hirer shall be deemed to have admitted that at the

commencement of the Hire Term the equipment is in good repair and running order and to have undertaken to return it to the

owners in the same condition (fair wear and tear only expected) at the end of the hire term. No express or implied warranty as to the condition of the equipment or its suitability for any particular purpose at the commencement of the Hire Term is given or deemed to have been given by the owners nor is any condition to the same effect to be implied in this agreement or to become part of this

agreement. When equipment is lost/stolen or damaged beyond repair the hirer will pay for all the hire cost to the owner until the

replacement cost is paid in full. This is without prejudice to our other rights. The hirer shall not use the equipment in any location other than the location specified unless under written permission from the owners.

The hirer shall ensure that all users and handlers of the Owner’s equipment shall receive instructions and advice on how to

operate and use of the equipment. The Hirer shall be fully responsible for any damage caused by misuse of equipment. Should any defect materialise or be found to exist in the equipment the Hirer shall discontinue his use of the equipment and shall abide by such instructions as the owners seem fit to issue. The hirer shall, either personally, or by telephone infirm the owners immediately of such defect. If the Hirer continues to use the equipment without informing the owners thereof, he shall do so at his own risk and in breach of these Conditions of Hire.

7. LOSS OR DAMAGE TO EQUIPMENT: The hirer shall be liable for the loss of our damage to the equipment irrespective of the manner in which the same is caused. Should the equipment be lost or stolen while in the possession of the Hirer he shall be liable

to pay forthwith to the owner the full retail price of the equipment. Should the equipment get damaged or become immobilised during the hire period, the hirer shall advise the owner immediately and return the equipment for repair. The hirer shall under no circumstances tamper with the equipment in their possession. The hirer has full responsibility for safe keeping and return in same good order of the equipment.

8. OWNERS RIGHT OF ACCESS: The hirer allows and authorises the owners to enter any premises/sites/private dwellings or lands to where we reasonably believe any of our equipment to be in order to repair/test/replace/inspect or repossess it.

9. INDEMNITY: The hirer agrees to indemnify the owners against any claim which may be made against the owners by third parties or any other persons in respect of personal injuries, damage to or loss of property or of any other liability whatsoever resulting from the use of the equipment during the hire term.

10. TERMINATION OF CONTRACT: The owners reserve the right to terminate this Agreement at any time during the Hire term and service of notice of termination by letter or telegram to the hirer at his last known address or through the medium or the press shall be deemed sufficient notice of such termination, through a verbal notice to the hirer shall also be sufficient notice thereof. On such notice being given this agreement shall terminate immediately, and without necessity for any further notice to the hirer, and such termination shall he without prejudice to any antecedent or other claims by or rights of the owners. Any failure by the owner to enforce all of these conditions shall not amount to or be interpreted as a waver of any of our rights