Terms

1.1In these conditions the following words have the following meanings: “Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Goods;

“Customer” means the person, firm, company or other organisation hiring Hire Goods;

“Deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;

“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;

“Goods” means any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired to the Customer;

“Hire Goods” means any Goods which are hired to the Customer;

“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events:

• (i) the physical return of the Hire Goods by the Customer into the Supplier’s possession; or
• (ii) the physical repossession or collection of Hire Goods by the Supplier; “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; “Sale Goods” means any Goods sold to the Customer;

“Rental” means the Supplier’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;

“Supplier” means Adams Agencies Ltd and will include its employees, servants, agents and/or duly authorised representatives;

“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Goods including any delivery and/or collection service for the Goods.

• 4.4.1 hold the Sale Goods on a fiduciary basis as the Supplier’s bailee;
• 4.4.2 maintain the Sale Goods in satisfactory condition; and
• 4.4.3 keep the Sale Goods insured against all risks for their full price from the time they leave the physical possession or control of the Supplier.

• 6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
• 6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;
• 6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
• 6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;
• 6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
• 6.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier;
• 6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;
• 6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance we hold related to the Hire Goods;
• 6.1.9 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
• 6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
• 6.1.11 ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to operate

• 8.2.1 pay to the Supplier the new replacement cost for any Hire Goods less than twelve (12) months old from first registration; and/or
• 8.2.2 reimburse the Supplier for any loss or costs suffered or incurred by the Supplier for any Hire Goods more than twelve (12) months old from first registration, less the amount paid to the Supplier under any policy of insurance in respect of the Hire Goods.

• 9.2.1 if no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.
• 9.2.2 if no period of notice has been agreed or specified either party shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the other.

• 10.1.1 fails to make any payment to the Supplier when due without just cause;
• 10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
• 10.1.3 persistently breaches the terms of the Contract;
• 10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
• 10.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
• 10.1.6 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
• 10.1.7 appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
• 10.1.8 appears reasonably to the Supplier to be about to suffer any of the above events; then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.

• 10.2.1 except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Goods owned by the Supplier may be and repossess any Goods;
• 10.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
• 10.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
• 10.2.4 *all monies owed by the Customer to the Supplier shall immediately become due and payable.

• 10.4.1 return the Goods to the Supplier or make the Goods available for collection by the Supplier as requested by the Supplier; and
• 10.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Sale Goods and/or any other sums payable under the Contract.

• 11.8.1 *consequential losses (including loss of profits and/or damage to goodwill);
• 11.8.2 economic and/or other similar losses;
• 11.8.3 special damages and indirect losses; and/or
• 11.8.4 business interruption, loss of business, contracts and/or opportunity.

• 11.10.1 Liability for breach of contract;
• 11.10.2 *Liability in tort/delict (including negligence); and
• 11.10.3 *Liability for breach of statutory and/or common law duty; except clause 11.9 above which shall apply once only in respect of all the said types of Liability.