TERMS AND CONDITIONS OF SALE AND HIRE
1. In these terms and conditions of sale and hire the “Company” means Daly Industrial Supply Company Limited and the “Customer” means the person firm or company purchasing or hiring the goods from the Company. These General Conditions apply to all Contracts for the sale and hire of goods by the Company. These terms and conditions supersede any other any other terms and conditions and form part of the Order/Invoice supplied by the Company and are the terms on which Daly Industrial Supply Company Limited do business and any order of goods or services by the customer, accepted by the company , will be deemed to be an acceptance of these terms unless any variation thereof is expressly agreed in writing by a Director or the Secretary of the Company (or on behalf of the Company by a duly authorised employee of the Company). The Contract is governed by and shall be construed in accordance with the Law of the Republic of Ireland.
2. OWNERSHIP OF GOODS
The Title to the goods shall not pass until they have been paid for in full and cleared through the Banking System and until they are paid for in full, all goods supplied shall be held by the customer on trust for the Company. In default of payment the Company shall be entitled to repossess all goods without notice and the customer hereby authorises the Company to enter the property in order to carry out such repossession in such event. The Company may enter any land or premises where we reasonably believe the goods to be. In the event that it needs to repossess the goods the customer must pay the costs in recovering the goods from you.
Notwithstanding the aforesaid clause, the risk in the goods shall remain with the Company until the point of delivery stated in this Contract and thereafter the risk shall be with the Customer notwithstanding clause 2 aforesaid. The Company will not be liable for any claim arising out of events howsoever occurring after the risk has passed to the customer and the customer shall indemnify the company against any loss, injury, expense or claim arising howsoever once the risk has passed to the customer.
4. PAYMENT TERMS
Payment is on a cash on delivery basis. In the case of hire charges the settlement is payable when the equipment is returned subject to allowance for the deposit. If we approve a monthly account, then this shall be settled within 30 days from the last day of the month in which the goods were delivered or in the case of hire charges within 30 days from the date of the last day of the month in which the hire ceased or in the case where the hire period exceeds one month, settlement shall be made within 30 days of the end of each month.
The Contract Price for goods shall be the price effective at the time of supply of the goods or in force at the commencement of the hire term. The Company reserves the right to alter prices without notice of any kind. VAT will be charged at the rate ruling at the time of supply.
The Customer must pay any agreed charges for delivering or collecting goods. And if the Customer causes any additional, unreasonable time delay in the collection of delivery of goods, then there will be an extra charge. Delivery of goods will be deemed to have taken place when they are delivered at the Customers delivery address. Time of delivery shall not be of the essence. The Company will make all reasonable efforts to adhere to the agreed delivery programme, if any. However, the Company cannot accept any liability or damage claim resulting from overdue deliveries.
Delivery of the goods or equipment shall be made by the Customer collecting the goods or equipment at the Company premises at any time after the Company has notified the Customer that the goods are ready for collection, or if some other place for delivery is agreed by the Company, by the Company delivering the goods to that place, and in the latter instance delivery of goods will be deemed to have taken place when they are taken from the Company Vehicle at the Customer Delivery address. Any date named by the Company for dispatch or delivery is given and intended as an estimate only and is not to be of the essence of the Contract the Buyer shall nevertheless be bound to accept the goods ordered when available.
The Company may cancel this Contract at any time if the Customer fails to make payment or is in breach of this Contract, becomes bankrupt, enters into an arrangement with any Creditor or if the Customer is a Company, if the Company goes into liquidation or has a receiver appointed. So however that the termination of this Contract by the Company will not affect any claim the Company may have to money owing by the Customer or the goods themselves.
8. LIMITS OF COMPANY LIABILITY
(a) The Company shall not be under any liability for loss or damage resulting from advice or representation given in good faith by the Company, Employees or Agents regarding time of delivery, the use or performance or suitability of goods.
(b)The Company will not be liable for any indirect loss to include loss of business or profits, savings being expected to be made, wages, fees or expenses caused by the breaking down of the goods or any part of them.
(c) The Company will not accept any liability for damages claimed resulting from delay in delivery or collection of goods.
(d) New goods are supplied by the Company on the basis of Manufacturers recommendation that they are suitable for particular use and subject to Manufacturer’s Warranty. There are no guarantees and/or warranty with second hand goods.
(e)No representation or warranty is given as to suitability of fitness of the goods or equipment for any particular purpose and the customer shall satisfy itself in this respect and shall be totally responsible therefore.
(f)The liability of the company shall in no case exceed the value of the goods or equipment ordered.
9. MAINTENANCE, DEFECTS, BREAKDOWN PROCEDURES, ACCIDENTS, RETURNS
Claim for faulty or damaged or defective goods must be notified promptly to the Company. The Company will not be liable unless notification confirmed in writing is received within three working days of delivery of the goods to the Customer. Damaged or defective goods must be returned immediately to the Company unless otherwise requested by the Company. No claim in respect of defective goods will be valid unless notification is made as aforesaid and the alleged defective goods returned within 30 days of the delivery to the Customer. Goods represented by the Customer to be defective or not to conform to Contract and returned to and accepted by the Company as such upon settlement of the goods or equipment by the Customer will be replaced as originally ordered or repaired as soon as reasonably possible, if required and practicable and will be credited but shall not form the subject of any claim for work done by the Buyer, transport costs, consequential damages or expenses, loss of profits or any claim or loss damage or expense whatsoever or however incurred.
10. SET OFF
The Customer shall not make any set off against sums due or raise any counterclaim in diminution of the sums due but must pay the purchase price and any other charges if any on the date or dates agreed. The Company should be notified immediately of any error on Invoice.
11. DEFAULT IN PAYMENT
Should default be made by the Customer in paying any sum due under any Contract as when it became due or if any payment is overdue, or should the customer be in breach in any respect of the Contract entered into then the Company shall have the right with or without notice at the discretion of the Company either to suspend or stop all further delivery of the goods until the default be made good or to determine any Contract then subsisting without prejudice to any claim or right the company might otherwise make or exercise, and payment shall become immediately due for all goods and services already supplied. (The Company reserved the right to charge interest at the standard rate charged by Banks in the Republic of Ireland from time to time enforce plus 1% on all overdue Accounts on a daily basis.
12. FORCE MAJEURE
Should the delivery of any of the goods sold or hired be prevented or delayed by happenings or occurrences due to “force majeure” or by reason of mobilisation possibilities acts of states, enemies or war whether declared or not, government action, department instructions or an act of God, riots combination of workman lockout, strikes or disturbances whatever taking place, want of raw material of fuel in consequence in non-delivery or other causes want of railway trucks, accidents, fire, floods, blocking of or accidents to shipping or railway lines, reduction of stoppage of output of the works where the goods have been manufactured through, fire, flood, heat, frost, holidays, breakdowns of accidents to machinery or any other cause or circumstances whatever beyond the Companies control, the Company reserves the right to cancel or suspend delivery. In any event the Company shall not be liable in any way for loss or damage arising directly or indirectly to or a consequence of which events are happening.
13. FAILURE TO COLLECT GOODS FOR REPAIR
If the Customer leaves goods into the Company for repair but fails to collect them within 6 months of having been notified that they are ready for collection, the ownership of the goods will transferred to the Company.
1/we have read & agree to all Conditions of Sales as specified here.
14. SPECIFIC CONDITIONS APPLICABLE TO THE HIRING OF GOODS
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THE PERSON or company hiring the equipment (hereinafter called the Hirer) hereby agrees with Daly Ind. Supply Co. Ltd. (hereinafter called the Owners) that any piece of plant or machinery (hereinafter called Equipment) hired to them by the Owners shall be hired subject to the following terms and conditions.
1. The Owners shall provide the Hirer with equipment in proper working order. The term of the hire being at the discretion of the Owner.
2. HIRE CHARGES. The charges payable by the Hirer to the Owners shall be at the rate or rates applicable to the equipment as shown in the List of Rates in force at the commencement of the Hire Term.
3. PAYMENT. The Hire Charges shall be on a cash basis, settlement payable when the equipment is returned subject to allowance for the deposit. Approved account charges shall be settled within 30 days from the last day of the month in which Hire ceased. Where, however, the hire period exceeds one month, settlement shall be made within 30 days of the end of each month.
4. DEPOSIT. The Hirer shall lodge with the Owners an agreed deposit which will be accounted to the Hirer after such period as the Owners require to verify that the Hirer has returned the equipment in the same condition as it was in at the time of the commencement of the Hire Term. In the event of the breach by the Hirer of any of the conditions of this Agreement his deposit shall be forfeited to the Owners.
5. CONDITIONS OF EQUIPMENT. In accepting delivery of the equipment the Hirer shall be deemed to have admitted that at the commencement of the Hire Term the equipment is in good repair and running order and to have undertaken to return it to the Owners in the same condition (fair wear and tear only accepted) at the end of the Hire Term. No express or implied warranty as to the condition of the equipment or its suitability for any particular purpose at the commencement of the Hire term is given or deemed to have been given by the Owners nor is any condition to the same effect to be implied in this Agreement or to become part of this Agreement.
6. RESPONSIBILITY WHEN HIRING TOOLS/EQUIPMENT. The Hirer shall ensure that all users and handlers of the Owner’s equipment shall receive instructions and advice on how to operate and use of the equipment. The Hirer shall be fully responsible for any damage caused by misuse of equipment. Should any defect materialize or be found to exist in the equipment the Hirer shall discontinue his use of the equipment and shall abide by such instructions as the Owners see fit to issue. The Hirer shall either personally or by telephone inform the Owners immediately of such defect. If the Hirer continues to use the equipment after becoming aware of such defect without informing Owners thereof, he shall do so at his own risk and in breach of these Conditions of Hire.
a. Electrical Goods
Plugs or sockets of the tool must not be altered/changed by any person unqualified. All goods must be returned in their original condition. You must ensure you have a suitable supply of electricity for the equipment. Never use electrical goods that are not earthed correctly. You must comply with all regulations and standards that apply to the goods.
b. Returning dirty equipment
You must keep the equipment clean and look after daily maintenance. The hirer is responsible for the return of the equipment, and these must be returned in their original condition. We reserve the right to charge €75.00 & VAT on machinery returned in a dirty/unclean condition.
c. Our Rights of Access
If we need to inspect, test, repair, service, replace or repossess the goods then at any reasonable time and after reasonable notice we may enter any land or premise (other than your home) where we reasonable believe the equipment may be. In the event of repossession, the hirer must pay our cost in recovering the equipment.
7. LOSS OF OR DAMAGE TO EQUIPMENT. The Hirer shall be liable for the loss or damage to the equipment irrespective of the manner in which the same is caused. Should the equipment be lost or stolen while in the possession of the Hirer he shall be liable to pay forthwith to the Owners the full retail price of the equipment. Should the equipment get damaged or become immobilised during the Hire period, the Hirer shall advise the Owners immediately and return the equipment for repair. The Hirer shall under no circumstances tamper with the equipment in their possession.
8. NDEMNITY. The Hirer agrees to indemnify the Owners against any claims which may be made against the Owner by Third Parties or any other persons in respect of personal injuries, damage to or loss of property or of any other liability whatsoever, resulting from the use of the equipment during the Hire Term.
9. TERMINATION OF CONTRACT. The Owners reserve the right to terminate this Agreement at any time during the Hire Term and service of notice of termination by letter or telegram to the Hirer at his last known address or through the medium of the press shall be deemed sufficient notice of such termination, though a verbal notice to the Hirer shall also be sufficient notice thereof. On such notice being given this Agreement shall terminate immediately, and without necessity for any further notice to the Hirer, and such termination shall be without prejudice to any antecedent or other claims by or rights of the Owner.
10. 1/we have read & agree to all Conditions of Hire as specified here. I/We have been informed of all required safety instructions/demonstrations. 1/ We witnessed a complete equipment safety check & service checklist.
DATA PROTECTION NOTICE
We collect and maintain personal information in order to process and administer applications for Credit Accounts and in order to assess the Credit History and Creditworthiness of new and existing Clients. All personal information is treated with the utmost confidentiality and your information will be protected from accidental or unauthorised disclosure. We will not keep your information longer than is necessary. We will only reveal your information if it is allowed by law, authorised by you, to prevent fraud, or in order that we can liaise with other third parties in the administration and fulfilment of the credit account. We are obliged to tell you this information to comply with current Data Protection Legislation under the terms of the Data Protection Acts 1988 –2003. You have a right to ask for a copy of any information we hold on you on payment of a small administrative fee and to require a correction of any incorrect information held. The above principles apply whether we hold your information on paper or in electronic form.