Terms
& Conditions
Roan Building Systems Ltd. A Part of SiteServ Plc
Standard Hire Terms & Conditions
GENERAL CONDITIONS OF HIRE OF “ROAN BUILDING
SYSTEMS LTD” PRODUCTS –
Effective From 14th September 2009
1. DEFINITIONS
(a) The “Owner” is the Company, firm or
person letting the “ROAN BUILDING SYSTEMS LTD”
product on hire and includes their successors, assigns
or personal representatives.
(b) The “Hirer” is the Company, firm,
person, corporation or public authority taking the
Owner’s “ROAN BUILDING SYSTEMS LTD”
product on hire and includes their successors or personal
representative.
(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 20th January shall expire on
20th February).
(f) The “ROAN BUILDING SYSTEMS LTD” 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 for
hire of the “ROAN BUILDING SYSTEMS LTD”
Product shall have the same meaning as in such instrument
whether remaining in operation or not.
2. GENERAL
The following terms are the Owner’s Standard
Terms of Hire. Any contract made by the Owner with
the Hirer is subject to these conditions, and acceptances
of the “ROAN BUILDING SYSTEMS LTD” Product
or use of the product on site (whichever is the earlier)
by the Hirer, his agent or any employee will signify
the acceptance of the Hirer 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, express or implied
by statute, common law or otherwise, even if contained
in any document which purport to provide that the
Hirer’s own terms or any other terms shall prevail.
No variation of these terms shall be valid unless
agreed in writing and signed by the Owner or authorized
representative of the Owner.
3. AVAILABILITY
The “ROAN BUILDING SYSTEMS LTD” product
is offered subject to being available to the Owner
when the Hirer’s acceptance of the Contract
is received by the Owner.
4. HIRE RATES AND PAYMENT OF HIRE CHARGES
The “ROAN BUILDING SYSTEMS LTD” product
shall be hired at the rates set out in the Hire Form
overleaf. Hire charges are payable based on the credit
terms agreed upfront by the owner and the hirer.
5. LOADING AND UNLOADING
The Hirer shall be responsible for providing unrestricted
access to his site for the delivery and recovery of
the “ROAN BUILDING SYSTEMS LTD” product
and for its unloading and reloading. Any driver, operator
of flagman supplied by the Owner shall be deemed to
be a servant of the Hirer, who alone shall be responsible
for all claims by any person whatsoever, including
the Owner, arising out or of connected with the movement,
loading or unloading of the “ROAN BUILDING SYSTEMS
LTD” product on the Hirer’s property or
site during its delivery or recovery.
6. INSPECTION, CONDITION AND USE
(a) The Hirer shall inspect and satisfy himself as
to the condition and suitability of the “ROAN
BUILDING SYSTEMS LTD” product for his use, before
it is either accepted or used on site, whichever is
the 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 “ROAN BUILDING
SYSTEMS LTD” product (whichever is the earlier)
by or on behalf of the Hirer shall be conclusive evidence
that the product is in satisfactory operational condition
and properly maintained, and the Hirer undertakes
to return the product in such condition, fair wear
and tear excepted.
7. FOUNDATION AND LOCATION
(a) The Hirer shall provide suitable foundation in
an acceptable position for the “ROAN BUILDING
SYSTEMS LTD” product to stand on, in cases of
doubt reference should be made to the owner.
(b) The Hirer shall not so locate or affix the “ROAN
BUILDING SYSTEMS LTD” product or make any connections
to it whereby the product may be severed there from
or moved without damage to it whether by the owner
in exercise of its rights hereunder or otherwise
8. HIRER’S RESPONSIBILITY FOR LOSS,
DAMAGE AND INJURY
(a) The Hirer alone shall be responsible for all claims
whatsoever and by whomsoever made (including the Owner)
arising out of or in connection with the management,
operation or use of the “ROAN BUILDING SYSTEMS
LTD” product.
(b) The Hirer shall make good to the Owner all loss
or damage to the “ROAN BUILDING SYSTEMS LTD”
product of whatsoever kind and from whatsoever cause,
including loss of hire resulting from such loss or
damage and the full cost of reinstating the “ROAN
BUILDING SYSTEMS LTD” product to satisfactory
condition.
(c) The Hirer shall indemnify the Owner in respect
of all claims and all proceedings, costs, charges
and expenses arising there from by any person whatsoever
for death or injury to any person or destruction of
or damage to the 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 “ROAN BUILDING SYSTEMS
LTD” product or the use thereof.
9. 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 “ROAN BUILDING SYSTEMS LTD”
product or any failure to make available or delay
in making available any “ROAN BUILDING SYSTEMS
LTD” product, it being the responsibility of
the Hirer to arrange insurance cover in respect of
all risks imposed upon him by this agreement.
10. NOTICE OF ACCIDENTS
If the “ROAN BUILDING SYSTEMS LTD” product
is involved in any accident resulting in injury to
persons or damage to property, notice must be given
to the Owner’s office within ten days of the
accident.
11. SUB LETTING
The Hirer shall not sub-let or lend the “ROAN
BUILDING SYSTEMS LTD” product or any part thereof
to any third party without first receiving the written
permission of the Owner.
12. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the
Owner, his Agents or his insurers, to have access
to the “ROAN BUILDING SYSTEMS LTD” product
to inspect, test adjust, repair, alter or replace
same, so far as reasonably possibly such work will
be carried out at times to suit the convenience of
the Hirer.
13. REPAIRS AND ADJUSTMENTS
The Hirer shall not repair or attempt to repair the
“ROAN BUILDING SYSTEMS LTD” product unless
specifically authorized by the Owner. No allowance
for hire charges or for the cost of repairs will be
made by the owner to the Hirer unless such repairs
have been specifically authorized by the Owner.
14. RETURN FOR REPAIRS
If at any time after the date of delivery any part
of the “ROAN BUILDING SYSTEMS LTD” product
the subject of the contract, is in the opinion of
the Owner in need of repairs, he may the further use
thereof until such repairs have been carried out on
site, or the Owner may arrange for such “ROAN
BUILDING SYSTEMS LTD” product to be sent to
the Owner’s works and in the latter event the
Owner shall be entitled to replace such “ROAN
BUILDING SYSTEMS LTD” product forthwith, the
Owner paying all transport charges involved in the
removal of such “ROAN BUILDING SYSTEMS LTD”
product to the Owner’s works for repair and
the delivery of the substituted “ROAN BUILDING
SYSTEMS LTD” product had been the subject thereof,
or alternatively the Owner shall be entitled to determine
the Contract forthwith in relation to the “ROAN
BUILDING SYSTEMS LTD” product involved by giving
written notice to the Hirer provided that.
(a) The Owner shall have the right to apply current
hire rates in place of those set out in the hire form
referred to in Clause 4 above in respect of any such
repaired or substituted “ROAN BUILDING SYSTEMS
LTD” product as from the date of the completion
of repair or substitution and
(b) If determination shall occur under this clause
(I) within three calendar months from the date of
delivery of such items to site the Owner shall pay
for the cost of all transport involved including that
the 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 the cost
of reloading and return of such items, provided always
that the Hirer and not the Owner 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 “ROAN
BUILDING SYSTEMS LTD” product by the Hirer or
by any person other than the Owner, or its employees,
servants or agents.
15. COMMENCEMENT AND TERMINATION OF HIRE
The Hire period shall commence from the time stipulated
on the Contract when the “ROAN BUILDING SYSTEMS
LTD” product leaves the Owner’s works
and cease when the “ROAN BUILDING SYSTEMS LTD”
product is returned to the Owner’s works.
16. NOTICE OF TERMINATION OF THE CONTRACT
Where the period of the Hire having been defined,
becomes indeterminate, the Contract shall be determinable
by at least one month’s notice in writing given
by either party to the other in the event of the Hirer
desiring to terminate the Contract and failing to
give notice, hire for the period of the one month’s
notice shall be chargeable. Should the Hirer wish
to terminate the Contract at a date earlier than that
which has been defined, then the appropriate Hire
rates applicable to the shorter term shall become
due.
17. EXTENSION OF CONTRACT
It is the Hirer’s responsibility to notify the
Owner that he wishes the Contract to be determined
on the date agreed on the Contract. When such notification
is given, hire shall continue until notice of determination
is given, at the rates agreed in the Contract.
18. TRANSPORT
Transport of the “ROAN BUILDING SYSTEMS LTD”
product from the Owner’s works to the site and
return to the Owner’s works on completion of
the hire period shall be arranged by the Owner, the
Hire shall pay the cost of this transport.
19. OWNER PLATES
The Owner may affix his plate or mark on the “ROAN
BUILDING SYSTEMS LTD” product indicating that
it is his property and the Hirer shall not remove,
deface, obscure or in any way cover up same.
20. PROTECTION OF OWNER RIGHTS
(a) The Hirer shall not rehire, sell, mortgage, charge,
pledge, part with possession of or otherwise deal
with the “ROAN BUILDING SYSTEMS LTD” product
except as provided under Clause 11 and shall protect
the same against distress, execution or seizure and
shall indemnify the owner against any 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.
(b) if the Hirer shall make default in punctual payment
of all sums due to the Owner for the hire of the “ROAN
BUILDING SYSTEMS LTD” product or any charges
or shall fail to observe and perform the terms and
conditions of this Contract, or if the Hirer 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 do or shall cause to be done or permit or
suffer any act or thing whereby the Owner’s
rights in the “ROAN BUILDING SYSTEMS LTD”
product may be prejudiced or put in jeopardy, then
the Owner may treat the Contract as being wrongfully
repudiated by the Hirer and accordingly the Owner
may (without any notice or other act on the part of
the Owner and notwithstanding that the Owner may have
waived some previous default or matter of the same
of a like nature), retake possession of the said “ROAN
BUILDING SYSTEMS LTD” product and for that purpose
enter into or upon any premises where the same may
be. Determination of the hiring under this condition
shall be without prejudice to any other rights of
the Owner against the Hirer and shall not affect the
right of the Owner to recover from the Hirer any monies
due to the owner under the contract or damages for
breach thereof.
21. ARBITRATION
If during the continuance of the contract or at any
time thereafter, any dispute, difference or question
shall arise between the Owner and the Hirer 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 Hirer, such dispute, difference
or question shall be referred to a sole arbitrator
to be agreed upon by the owner and the Hirer, and
failing agreement to be appointed at the request of
either the Owner or the Hirer by the president for
the time being of the incorporated Law Society in
Ireland.
22. GOVERNMENT REGULATIONS
The Hirer shall be responsible for compliance with
all obligations imposed by Statute as to the situation
or use of the product whist in the Hirer’s possession
or compliance with any regulations or bye laws or
any local authority.
23. PATENT AND TRADE MARKS
If a “ROAN BUILDING SYSTEMS LTD” product
or part thereof shall be subject matter of a patent
or trade mark then the hirer undertakes not to 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 Owner of any infringement
of such patent or trade mark and shall not obliterate
or deface any such trade mark.
