Skip and Equipment Hire Service Terms and Conditions
- Definitions
In these conditions of sale and/or Hire, the expression “The Company” shall mean G&J O’Neill Enterprises Ltd and/or Allied Recycling and /or any subcontractors employed on it’s behalf. Contracts with the Company shall be deemed to incorporate these terms and conditions. No variation or addition to them shall form part of any contract unless specifically accepted by the Company in writing and they shall over-ride and take the place of any other terms and conditions in any document or other communication used by the buyer in concluding the contract with the Company.
“Customer” means the person, firm, company, corporation, public authority or body to whom the Company supply equipment for hire.
“Hirer” means the person, firm, company, corporation, public authority or body to whom the Company supply equipment on hire.
- CONDITIONS OF SALE AND/OR HIRE
- The price of the goods or services provided shall be the company’s price ruling at the date of dispatch.
- The company operates a strict 24hr cancellation policy.
- Skips should not be filled beyond water level. For health & safety at work, road traffic & litter acts our drivers have been told not to remove overloaded skips. It is the hirer’s responsibility to ensure that the contents of the skip are not loaded or stored in a manner which is likely to give rise to litter. This responsibility remains with the hirer until such time the company removes the skip. The hirer shall indemnify the Company against all fines, damages, costs and expenses howsoever arising by reason of the breach of litter and pollution regulations until the skip has been removed by the company. Please do not accept delivery of skip if unwilling to accept this responsibility.
- Hire period is for a maximum of 5 days (unless otherwise agreed) and notwithstanding the foregoing, it may take up to 7 working days for the Company to collect the skip. Should this be the case, there are no additional costs to the Hirer, however, the contractual agreement and its conditions remain in place until such time the skip has been removed. Hiring period may also be terminated on the instructions of an authorised official i.e An Garda Siochana or local authority litter warden. The company will not reimburse the Hirer/Client for any losses incurred in such an event.
- Payment Terms If any sum owed by the buyer to the Company should be overdue for payment, the Company may withhold any goods or services due for dispatch to the buyer under any contract without prejudice to the Company’s rights and the buyer’s liability under such contract.
i)The Company reserves the right not to collect hired goods until full payment has been received by the Company of the hire price. in the case of delay in collection caused by failure to make full payment, further, hire charges may be levied at the Company’s normal daily hire rate for such goods.
ii)We take payment from your card when we process your order and have checked your card details. Goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.
iii)If you enter a correct e-mail address, we will send you an order acknowledgment e-mail. This is not an order confirmation or order acceptance from us.
iv)Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the goods you have ordered are to be delivered to the address you have given us. It does not take place until that stage, even though we may have received your payment, or we have sent acknowledging e-mails.
v) If an error is discovered in the price of the goods you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item that was advertised at an incorrect price. If the item(s) has been charged and not dispatched, we will cancel and refund your order. - Delivery
a) Should the Company be delayed in or prevented from making delivery of the goods or services due to war, strikes, lock-outs, fire, floods, explosion, labour disturbances, trade disputes or shortages in raw materials or due to any other cause whatsoever beyond the control of the Company, the Company shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage arising therefrom.
b) The Company shall not be liable for any damages, discrepancy or shortage in the goods sold or hired unless the buyer notifies both the company and the carrier within 48 hours of the time of delivery of the goods.
c) In the case of skip hiring the Company shall so far as is practical notify the approximate time of delivery of the skip. The customer will in all cases indicate either in advance or at the time of delivery, the location on-site where delivery is desired, and in default of such indication, the Company shall be entitled to deposit the skip wherever the Company shall deem most suitable and convenient, but without any liability or responsibility to the customer or any third party arising out of the Company’s choice of such location of delivery.
d) The Company reserves the right to refuse delivery of the goods at any location wherein the opinion of the Company, danger or risk will be created thereby, being in particular, a risk of danger or injury to third parties.
e) The Company reserves the right to refuse delivery to any location or site where such a delivery would be contrary to any law or bye-law in force.
f) Please satisfy yourself that you have adequate insurance to cover skips whilst on hire to you. The Company reserves the right at the date of creation of any contract for hire, to require prior production and sight of a suitable public liability insurance policy indemnifying the hirer in respect of any third party claims that may arise out of the use of the goods on hire by the hirer.
g) The hirer shall be responsible to ensure that the skip is clearly visible during hours of darkness and complies with any local authority bye-laws/regulations, which may be applicable in their area. Where the equipment is placed (whether by the Company on the customer’s instruction or otherwise) on a footpath (whether public or private) or any public place, the customer shall be responsible for the siting and lighting thereof, for obtaining all necessary permissions and licenses from the relevant authorities and for ensuring observation of the terms and conditions thereof. The hirer shall ensure and that the hired equipment shall not pose a hazard or danger to any Third Party.
- Duties of Hirer/Customer – Damage to Equipment
a) The buyer or hirer as appropriate will be liable to take all reasonable care of equipment including inter alia, bins, compactors, balers and all other equipment in the buyer’s/and or hirer’s custody, and shall be liable for any damage howsoever caused to the equipment arising from the loss, neglect or default caused by the buyer/hirer or their agents.
b) The buyer and/or hirer shall not rely upon any representation concerning any goods supplied unless the same shall have been made by the Company in writing.
c) The Company shall be under no liability for any loss or damage however arising, resulting from the use or conversion of the goods by the buyer, and the buyer shall indemnify the Company in respect of any claim by a Third Party for loss or damage resulting as aforesaid.
d) The customer will use all skips and containers only for the disposal of suitable materials and will not deposit hazardous or toxic waste in the said skips and/or containers.
e) The customer shall not overload any such skip or container and the Company reserves the right to refuse to remove or collect such skip or container in the event of overloading or for other good reason, and the decision of the Company shall be final in this regard.
g) The Customer shall not move any skip from the point of delivery by the Company.
h) The Company shall have the right to remove hired goods including skips and or containers without prior consultation with the hirer/customer and without any liability arising out of the same save that the Company will reimburse to the hirer/customer the proportion of hire relating to the period of such early collection.
I) Where the equipment is placed (Whether by the company on the customers instructions or otherwise) on a highway footpath (whether public or private) or any public place, the customer shall be responsible for obtaining all necessary permissions and licenses and for ensuring observations of the terms and conditions thereof.
J) The company shall not be liable for any damages to surfaces, manholes, walls, or property, caused by company vehicles or equipment while on the buyers’ premises and the buyer will indemnify the company in respect of a claim by a third party for loss and damage resulting as aforesaid. - Indemnity
The Hirer shall have full responsibility for the care, safekeeping and return in good order of the equipment.
b) The customer will pay the Company all costs incurred in rectifying any equipment returned damaged due to the customer’s negligence, misdirection, or misuse of the equipment during the hire period. Additionally, the customer will pay the financial loss until such rectification is complete.
c) Where the equipment is lost, stolen or damaged beyond economic repair, the customer will pay the full replacement cost and will also pay for the financial loss until such replacement is complete. This is without prejudice to our other rights. - d) The customer shall be responsible for any liability arising out of the positioning and/or use of the said goods during the period of hire.
- Retention of Title Clause
a) Notwithstanding delivery, the property and goods intended to be sold shall remain with the Company until payment for the goods has been received in full.
b) Notwithstanding (a) above, the risk in the goods shall pass to the buyer upon hirer delivery (i.e. Ex-works or as otherwise specified in the contract).
c) The Company shall not be liable for any damage to surfaces, manholes, walls or property, caused by the Company vehicles or equipment while on the buyer’s premises, and the buyer will indemnify the Company in respect of any claim by a Third Party for loss or damage resulting as aforesaid. - Rights of Access
The customer authorises the company to enter any land or premises where we reasonably believe equipment to be, to inspect, repair, replace or repossess it.
- Law
These conditions shall be construed in accordance with and governed by Irish Law.