Terms & Conditions

GENERAL CONDITIONS OF HIRE OF “ROANKABIN” PRODUCTS

1. DEFINITIONS
(a) The “Owner” is the Company, firm or person letting the “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” product shall be hired at the rates set out in the Hire Form overleaf. Hire charges are payable in advance and will become due to the Owner from the date delivered to site for the initial month or part of a month, and subsequently for each calendar month in advance.

5. LOADING AND UNLOADING
The Hirer shall be responsible for providing unrestricted access to his site for the delivery and recovery of the “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” product.
(b) The Hirer shall make good to the Owner all loss or damage to the “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” product or any failure to make available or delay in making available any “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” product to be sent to the Owner’s works and in the latter event the Owner shall be entitled to replace such “ROANKABIN” product forthwith, the Owner paying all transport charges involved in the removal of such “ROANKABIN” product to the Owner’s works for repair and the delivery of the substituted “ROANKABIN” product had been the subject thereof, or alternatively the Owner shall be entitled to determine the Contract forthwith in relation to the “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” product leaves the Owner’s works and cease when the “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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 “ROANKABIN” 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.