Terms & Conditions

1. DEFINITIONS
   • 1.1 “Equipment” means all plant machinery equipment and accessories to be hired by you as agreed by the Supplier.
   • 1.2 “Hire Period” means the period commencing from the time when the Equipment is removed from the Supplier’s possession and continues until the Equipment is either returned into the possession of the Supplier or the Equipment is repossessed. It is the hirers responsibility to terminate the hire with the owner at the end of the hire period.
   • 1.3 The “Supplier” means Kärcher Hire Ireland and includes its employees, servants, agents, representatives, successors and assigns.
   • 1.4 “Working Day” means any day of the week except Saturday and Sunday.
   • 1.5 “Writing” means letter by mail, email and fax and “Written” shall be construed accordingly.
   • 1.6″you” means the company, firm, person, or organisation hiring the Plant and includes successors or personal representatives and “your” shall be construed accordingly.

1. HIRING AND USE OF THE EQUIPMENT
   • 2.1 The Equipment is offered subject to availability. No contract is completed between you and the Supplier until the Supplier confirms the availability of the Equipment you wish to hire. The Supplier reserves the right to supply alternative Equipment provided the replacement Equipment is comparable in purpose, size and quality.
   • 2.2 You must satisfy yourself that the Equipment you hire is suitable for your intended purpose.
   • 2.3 The Equipment must be used by qualified personnel wherever applicable for its proper purpose only in accordance with any applicable manufacturer’s manuals or instructions. You acknowledge that you have received or are otherwise aware of all necessary operating maintenance and safety instructions for the Equipment.
   • 2.4 You should test the Equipment upon delivery to ensure it is in good working order.
   • 2.5 You shall be deemed to have accepted the Equipment upon use of the Equipment.
   • 2.6 Upon delivery of the Equipment, any defects or dissatisfaction must be notified immediately to the Supplier and confirmed in Writing within 2 Working Days. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with the terms of the contract and to your satisfaction.
   • 2.7 You shall not move the Equipment from the location to which it was delivered or consigned unless prior Written consent is obtained from the Supplier.
   • 2.8 You shall be responsible for the Equipment’s safekeeping during the Hire Period and until the Equipment is returned into the possession of the Supplier and you must insure the Equipment under an All Risk Physical Damage insurance policy including theft of the Equipment for the manufacturer’s current published list price.
   • 2.9 The minimum period of hire for all hired Equipment is one week unless otherwise stated on a quotation, delivery note or contract, to include Saturday, Sunday and bank holidays. Hire for one year will be charged on the basis of 52 weeks hire. (No allowance being given for any period that your business may be closed).
   • 2.10 All hire rates are based on a 40 hour week. Additional hours will be charged pro rata.
   • 2.11 All hire rates include the servicing of the machines and the replacement of worn parts caused by the normal use of the machine.
   • However, the misuse of the machine and/or its parts  and the replacement of consumable items (Brushes,Squeegee Blades etc) are not included in the Hire rate and are chargeable.
   • 2.12 It is the customers responsibility to make daily oil level checks on all Petrol, LPG and Diesel machines. Daily checks and top up’s should be made on all battery’s.

1. COLLECTION, DELIVERY AND RETURN
   • 3.1 You are responsible for the collection of the Equipment from the premises of the Supplier and for the delivery of the Equipment at the place of your choosing within the country.
   • 3.2 If the Supplier agrees to deliver the Equipment to an agreed location on your behalf such personnel shall comply with all your reasonable requests in connection with the delivery of the Equipment.
   • 3.3 It is your responsibility to ensure the Equipment is available and accessible for collection and delivery as agreed with the Supplier.
   • 3.4 You should return the Equipment as advised by the Supplier.
   • 3.5 If you fail to return the Equipment you shall be liable for the cost of replacement of the Equipment at the manufacturer’s current published list price. The Hire Period shall continue until the Equipment has been returned or the replacement value has been paid, whichever is the earlier, and you shall be liable for the payment of hiring costs during this period until the expiry of the Hire Period.
   • 3.6 Upon or before the expiry of the Hire Period you shall at your expense deliver the Equipment to the Supplier in the same condition as the Equipment was in at the start of the Hire Period, normal wear and tear excepted. You shall without prejudice to any other right or remedy of the Supplier pay a charge equal to the cost of cleaning, repairing, and reconditioning the Equipment or any part thereof as the Supplier shall deem necessary.
   • 3.7 You are responsible for ensuring you obtain a signed receipt for the return of the Equipment.

1. PAYMENT
   • 4.1 Payment for the hiring of Equipment shall be paid as directed by the Supplier. Generally those customers who do not hold an account with the Supplier shall be asked to pay a deposit and advance payment of the sum payable for the first week’s Hire Period. When choosing to pay by Credit or Debit Card, you agree for Kärcher Hire Ireland to take further payments for the extended hire period, repairs or damages to the hired equipment and transportation or other related charges as and when necessary. Those customers holding an account with the Supplier shall be required to make payment within 30 days of the date of the Supplier’s invoice.
   • 4.2 All payments must be kept up to date at all times and time of payment shall be of the essence.
   • 4.3 All prices are, unless otherwise stated, exclusive of VAT.

1. BREAKDOWN AND REPAIR
   • 5.1 Any breakdown or unsatisfactory working of any part of the Equipment must be notified immediately to the Supplier and confirmed in Writing within 2 Working Days. Any claim for breakdown time will only be considered from the time and date when notification is received by the Supplier.
   • 5.2 Full allowance in respect of Equipment hire cost will be made to you for any stoppage time due to breakdown of Equipment caused by the development of an inherent fault or fair wear and tear and for all stoppages for normal running repairs. You shall be responsible for all expenses involved arising from any breakdown and/or loss or damage incurred by the Supplier due to the negligence misdirection or misuse of the Equipment whether by you, your employees, agents or representatives and for the payment of the hire charge during the period the Equipment is idle due to such breakdown. In this instance our Engineers or their appointed representatives will be charged to you at €85 per hour for their time whilst involved in this breakdown/repair including travelling time to and from your site address.
   • 5.3 Save for the repair of punctures to tyres under no circumstances shall you, your employees, agents or representatives or third party repair or attempt to repair the Equipment, unless authorised in writing by the Supplier. No allowance for hire charges or for the cost of repairs will be made by the Supplier to you unless such repairs have been authorised in writing by the Supplier.

1. TITLE
   • 6.1 The Supplier (or any head licensor as the case may be) shall at all times retain title to the Equipment.
   • 6.2 The Supplier may affix his plate or mark on the Equipment indicating ownership of the property and you shall not remove, deface or cover up the same without the prior written consent of the Supplier.
   • 6.3 You shall at all reasonable times allow the Supplier, his insurers or his agents to have access to the Equipment to inspect, test, adjust, repair, replace or collect the same.

1. INDEMNITY
   • You shall indemnify the Supplier during the Hire Period against all loss of or damage to the Equipment from whatever cause may arise and shall hold the Supplier harmless against any and all claims, demands, liabilities losses and expenses of whatsoever nature relating to or in any way arising out of the possession, use, operation, alteration, modification (whether or not authorised) or control of the Equipment by you or any third party.

1. ASSIGNMENT
   • You shall not assign, sub-supply, part with possession of the Equipment or assign or otherwise transfer any of your rights interests or obligations under this contract without the prior Written consent of the Supplier.

1. TERMINATION
   • 9.1 The Supplier may terminate the Contract with you, if you:
     1. default in punctual payments of any sums due to the Supplier for hire of Equipment or other charges; or
     2. fail to observe or perform any obligations under the contract; or
     3. You suffer any distress or execution to be levied against you or make or propose to make any arrangement with any creditors or being a company go into liquidation (other than a members voluntary liquidation); or
     4. do or cause to be done or permit any act or omission which results in the prejudice or jeopardy of the Supplier’s rights in the Equipment. If the Supplier terminates the contract by such notice as aforesaid, it shall thereupon be lawful for the Supplier to retake possession of the Equipment and for that purpose to enter into or upon, without prior notice, any premises where the Equipment is held. Termination in accordance with this condition shall not affect the rights of the Supplier arising under condition 9.2 or the right to recover damages for breach of the contract.
   • 9.2 If any sum due from you under this or any other contract with the Supplier is not paid on or before the due date, all sums owed to the Supplier by you shall become due and payable immediately at the sole discretion of the Supplier.

1. LIMITATION OF LIABILITY
   • 10.1 The Supplier shall not be liable for any special indirect incidental or consequential damage of any character in connection with or arising out of this contract including but not limited to loss of productive facilities or equipment, loss of profits, property damage or lost production or other loss or damage whether suffered by you or any third party and whether or not due to the negligence of the Supplier its servants or agents other than in respect of death or personal injury caused by the Supplier’s negligence, howsoever caused or arising. The liability of the Supplier with respect to any claims arising out of this contract shall be limited to replacement of the Equipment with similar Equipment or at the Supplier’s option termination of this contract and restitution of the amount of any rentals paid with respect to any period for which the Equipment was inoperable.

1. SALE OF PLANT
2. Where the Supplier agrees to sell to you any Equipment then the following shall apply:-
   • 11.1 The risk in the Equipment shall pass to you immediately upon delivery to you.
   • 11.2 The title in the Equipment shall remain vested in the Supplier and the Supplier reserves the right to dispose of the Equipment until such time as the price thereof shall have been paid in full and cleared funds.
   • 11.3 If such payment becomes overdue in whole or in part or if you breach of any of the terms of the agreement or if any act or
   • 11.4 proceedings in which the question of your insolvency is involved the Supplier may (without prejudice to any of the Supplier’s other rights) may recover or re-sell the Equipment or any part of it and the Supplier or its servant or agents may enter upon your premises for the purpose of the repossession of the Equipment.

1. GENERAL
   • 12.1 Any condition which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
   • 12.2 Any notice or demand which under this contract must or may be given by you or the Supplier shall be in Writing to the other at its invoice address or any other address provided.
   • 12.3 These conditions and the contract shall be governed by and construed in accordance with Irish Law and shall be subject to the jurisdiction of the Irish Courts.
   • 12.4 Our head office is Unit 21, Finglas Business Centre, Jamestown Rd, Finglas North, Dublin 11

1. DATA PROTECTION NOTICE
   • 13.1 The Supplier may transfer information about you to its financiers, in order for them to provide their services to the Supplier and other customers of theirs and to help to a) obtain credit insurance; b) undertake credit control; c) undertake assessment and analysis (including credit scoring, market, product and statistical analysis); d) securitise debts and; e) protect their interests.
   • 13.2 The Supplier or its financiers may make credit reference agency searches in respect of your business and its principals. Please note that credit reference agencies make a record of searches that may be used to prevent fraud or money laundering or by other subscribers to make credit decisions about you.
   • 13.3 The Supplier or its financiers may give information about you and your indebtedness to the following for the purposes stated: a) any other divisions or associated companies of theirs – for the business purposes of such divisions or companies; b) for the benefit of insurers – to quote for and issue any credit policy or to deal with any claims; c) any advisors acting on the behalf of the Supplier or its financiers – so the advisors can carry out their services; d) any business to whom your indebtedness or the financing arrangements of the Supplier may be transferred – to facilitate such transfer; e) to any person to whom the Supplier has a duty of disclosure or to whom the law permits disclosure.
   • 13.4 The Supplier or its financiers may make decisions about you solely using an automated decision making process, such as credit scoring; however, they will tell us (and in turn the Supplier will tell you) if it makes a significant decision using only such a process.
   • 13.5 The financiers or the Supplier may monitor and/or record your telephone calls to them for training and/or security purposes.
   • 13.6 The Supplier shall provide you with details of its financiers on written request, including a contact telephone number from where you can obtain details of the credit reference agencies used by them and any third parties to whom information is transferred.