“Owner” means Gorilla Design Limited (CRO No. 496189) having a registered office at Unit A2 Bluebell Business Centre, Old Naas Road, Dublin, D12 VC2N, Ireland.
“Equipment” means the equipment, pipe and drape to be provided by the Owner for hire to the Hirer under this agreement as set out in Schedule I.
“Hirer” means the person or company who hires the Equipment from the Owner.
The period of hire shall commence on the earlier of the date of this agreement being the date on which the Equipment is collected or delivered to the Hirer. The period of hire shall end on the earlier of the following days, the day on which it is returned to and/or collected by the Owner at the delivery point specified above, or on the expiry of the last day of the hire period. The Hirer shall in any event return the Equipment to the Owner not later than the end of the last day of the period of hire.
On or before taking delivery of the Equipment the Hirer shall pay to the Owner the minimum hire fee specified above and shall pay punctually and in full the hire fees in advance. The date of delivery and the date of return / collection of the Equipment shall be counted as whole days for this purpose.
The Hirer shall report any defect or malfunction in the Equipment within 48 hours of delivery and shall, if so requested by the Owner, return the Equipment to the delivery point for inspection by the Owner. If the Owner agrees in its absolute discretion that the Equipment is not functioning properly, it shall use all reasonable endeavours (but shall not be bound) to provide suitable replacement Equipment, and may credit the Hirer with such an amount not exceeding 2 days hire as it shall in its absolute discretion consider appropriate. Subject to the above, the Owner accepts no responsibility for any loss, damage, costs, claims or expenses suffered or incurred by the Hirer or by any third person (including the Hirer’s servants or agents whether under these conditions of hire or on any other basis including in tort as a result of the hire of the above mentioned Equipment, whatsoever and/or howsoever arising).
The Equipment shall at all times be under the control of the Hirer from delivery until return or collection, and the Hirer shall ensure that the Equipment is used safely and without risk to health, is used by competent and duly licensed operators (if necessary) as the case may be, and is not used for any purpose for which it is not designed or suitable.
The Hirer shall be responsible for and shall indemnify the Owner against all loss or damage caused to or by the Equipment whatsoever and/or howsoever arising.
The Hirer shall keep the Equipment insured against loss or damage and third party risks and shall produce evidence of such insurance to the Owner on request, who shall be entitled to withhold delivery until such production.
The Hirer shall not move the Equipment from the specified location above without first obtaining the Owners written consent (which may be withheld or made subject to such conditions as the Owner in its absolute discretion shall decide). The Hirer shall keep the Equipment in its sole possession and shall not lend the Equipment or sublet it to any third party or otherwise part with possession in any way whatsoever. The Hirer acknowledges that the Equipment shall remain the property of the Owner at all times and must not in any circumstances be sold or used as security. The Hirer shall not permit any lien to be created on the Equipment or pledge the Owners credit for repairs to it.
The Owner will maintain the Equipment at its own expense and the Hirer shall, when required by the Owner, grant access to the Equipment for the purpose of inspecting it and carrying out any work maintenance or repair.
a. The Hirer must not repair or attempt to repair the Equipment in the event of damage or breakdown but must at once notify the Owner.
b. If the damage or breakdown has been caused by the fault or carelessness of the Hirer or misuse of the Equipment, any and all resulting repairs will be at the expense of the Hirer.
c. In any case other than clause 10 (b) above the repairs will be at the expense of the Owner.
d. The Owner may substitute other Equipment of a similar type or condition in lieu of repairing the Equipment without relieving the Hirer from responsibility for the costs of repair under clause 10 (b) and without extending the period of hire.
e. The Owner may terminate this agreement by written notice to the Hirer at any time if in the sole opinion of the Owner it is uneconomical to repair the Equipment or the Equipment cannot be repaired. In such an event (except where clause 10 (b) applies) the Owner may credit the Hirer with such an amount not exceeding 2 days hire as it shall in its absolute discretion consider appropriate.
f. Nothing in this clause shall affect or diminish the liability of the Hirer for any breach of this agreement or render the Owner liable to the Hirer for any resultant or consequential loss, damage, or inconvenience.
This agreement and the hiring constituted by it shall without notice but at the option of the Owner end, and the Hirer shall no longer be in possession of the Equipment with the Owners consent, in any of the following circumstances:
a. A default by the Hirer in the payment of any fee or sum due under this agreement for a period of 5 days.
b. A breach by the Hirer of any of the provisions of this agreement other than those relating to the payment of money.
c. An order is made or a resolution is passed for the winding up of the Hirer, or an order is made for the appointment of an examiner to the Hirer, or a receiver is appointed in respect of all or any of the Hirer’s assets or undertaking or circumstances arise which entitle the Court or a creditor to appoint a receiver or which entitle the Court to make a winding-up or bankruptcy order, or the Hirer takes or suffers any similar or analogous action in consequence of debt.
These conditions shall apply to any hire pursuant to an order which is accepted by the Owner. No other terms shall apply to the hire of the Equipment.
These conditions of service shall be governed by Irish Law.