VEHICLE HIRE CONDITIONS
All vehicles and associated equipment (the Vehicle) are hired out by Fridgevan.ie (the Company) subject solely to these Conditions unless otherwise agreed in writing by a director of the Company. The Company contracts for itself and as agent of and trustee for its employees and every reference hereinafter to ‘the Company’ shall be deemed to include every such employee with the intention that they shall have the benefit of these Conditions.
1. HIRER’S UNDERTAKINGS
The Hirer shall:
- Use the Vehicle only in Ireland unless authorised otherwise by the Company in writing.
- Obtain any necessary authority, inspection certificate or licence prescribed by any statute or regulation relating to the use of the Vehicle.
- The Hirer is responsible for the loading and unloading of the Vehicle. Maximum payload and individual axle weights must not be exceeded.
- Ensure that the vehicle is not used to carry a number of persons in excess of the seating capacity of the Vehicle.
- Not use the Vehicle to carry or store products which may damage or pollute the Vehicle in any way.
- Neither alter the specification of the Vehicle nor alter or deface its paintwork or markings.
- Ensure that the Vehicle is maintained in a clean and roadworthy condition and check that the tyres are correctly inflated and that the oil and water level(s) are sufficient at all times. The Hirer must look after the Vehicle and keys to the Vehicle, making sure it is locked and secured when not in use and properly protected against damage due to bad weather. The Hirer must ensure the correct fuel is used. When not in use, the Hirer must use any security device fitted to or supplied with the vehicle.
- Notify the Company promptly of all defects in the Vehicle and, in the event of any defect which shall affect the roadworthiness of the Vehicle, then such notice to be given immediately.
- The Hirer shall not affect any repairs to the hired Vehicle without the prior written consent of the Company authorising such repairs.
- Notify the Company immediately of every incident involving loss or damage to the Vehicle and, when required to do so by the Company, complete an Accident Report Form giving the names and
addresses of witnesses wherever possible.
- Make the Vehicle available at both a reasonable and convenient time and place to the Company so that repairs or replacements can be properly effected by the Company to maintain the Vehicle in serviceable and roadworthy condition, or at any reasonable time that the Company shall require the Vehicle.
- Pay the Company all reasonable charges in respect of alterations or additions to the Vehicle made at the request of the Hirer or to satisfy statutory requirements after the commencement of the hire.
- Not sell, charge, lend or re-hire the Vehicle.
- Reimburse to the Company within 14 days the cost of any taxes, fines, customs duties or charges levied on the Company as a result of the Hirer’s use of the Vehicle, together with an Administration Fee. The Hirer shall pay any fixed penalty offence committed in respect of that Vehicle under part 111 of the Road Traffic Offenders Act 1994 or any such offence committed under the equivalent legislation applicable to Scotland.
- At the commencement of the hire, check to ensure that the Vehicle is fit for its purpose and in good condition in the absence of any defect being confirmed to the Company by the Hirer in writing prior to hire commencing, the Hirer is deemed to accept that the Vehicle is fit for its purpose and in good condition.
- At the end of the Hire period, make the Vehicle available for collection at the same address to which it was delivered.
- This Contract shall take effect from the time when the Vehicle is reserved (which shall be deemed to be the time of despatch of the Company's confirmation verbally or by hand or by fax or by post). The Hirer shall not be entitled to cancel this Contract except with the written agreement of the Company and on terms that the Hirer shall indemnify the Company in full against all loss (including loss of profit), costs (including costs of labour and materials), damages, charges and expenses incurred by the Company as a result of cancellation.
- It is the Hirer's responsibility to conform with the Road Transport Act 1932 concerning Operator's Licence requirements.
2. COMPANY’S UNDERTAKINGS
The Company shall
- Use its best endeavours, at terms to be agreed, to supply the Hirer with a replacement for any Vehicle temporarily out of use for the purpose of repair or any other cause.
- Effect such repairs and replace such parts as shall be required to maintain the Vehicle in roadworthy condition and to carry out routine servicing and maintenance.
3. RESPONSIBILITY FOR EQUIPMENT AND INSURANCE
- The Company will insure the Vehicle unless the Hirer arranges his own insurance. The Hirer shall be responsible for:
- the vehicle accidental damage excess for the amount advised at commencement of hire.
- all damage to the Vehicle caused by striking overhead oroverhanging objects.
- all damage caused by the wilful, malicious or grossly negligent acts of the Hirer or any drivers.
- all damage to or loss of the Vehicle and liabilities arising from its hire if:-
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at the time of an accident the Vehicle is being driven by other than a person licensed to drive such a Vehicle.
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The Hirer is in breach of any of the terms and conditions of this Contract or the Insurance Policy.
- The Hirer shall be entitled to arrange its own Comprehensive motor policy on the Vehicle. Such policy shall:
- note the interest of the Company as owner of the Vehicle.
- extend to provide to the Company an indemnity against liability as defined in the policy arising from the use of the Vehicle.
- note that all claim monies due in respect of loss of or damage to the Vehicle is paid to the Company. Copies of the policy shall be forwarded to the Company on request.
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The Hirer shall indemnify the Company from and against all claims, demands, costs, expenses and liabilities arising from or out of any loss, destruction, damage or injury which result from the possession or use by the Hirer of the Vehicle and in respect of which indemnity is not provided by the policies of insurance referred to above.
- The Company shall not be responsible for goods carried in or on the Vehicle and the Hirer agrees to indemnify the Company against all claims arising from loss or destruction of or damage to such goods.
4. TERMS OF PAYMENT
- (i) The Hirer shall pay the Company on account a sum equal to the estimated Hiring Charges plus a Deposit.
(ii) Credit facilities -The Hirer shall pay the Company the full sum due no later than the last day of the month after the month of Invoice.
- The Company shall be entitled to charge interest at 2 per cent above the base rate of the ECB, calculated on a daily basis, on all amounts not paid in accordance with the payment terms.
- If the Hirer shall make default in the punctual payment of the hire charges or shall fail to observe and perform the terms of the hire or shall enter into liquidation, receivership or administration, becomes bankrupt, has a judgement debt entered against them or seeks to compound with its creditors the Company shall be entitled to repossess the Vehicle without prejudice to any claim it may have against the Hirer including damages for breach of contract.
5. CONSEQUENTIAL LOSS
The Company shall not under any circumstances be liable for any direct or indirect consequential loss arising from the hiring out of the Vehicle howsoever, whensoever or wheresoever caused and whether or not resulting from negligent act or omission by the Company.
6.CONTINUATION OF HIRE
If the Vehicle is stolen, lost, seized or confiscated or is returned to the Company at the end of a hire in a damaged condition (fair wear and tear excepted), then the Company reserves the right to charge the Hirer for an amount in compensation for the loss of use during a defined period.
7. PERFORMANCE
The Company shall be relieved of liability to provide the Vehicle wherever and for so long as and to the extent to which the beneficial use of the Vehicle is prevented as a consequence of the explosion, flood, strike action or by any cause beyond the control of the Company.
8. LAW
The contract shall be governed by and construed solely in accordance with the legal jurisdiction of the Irish Courts.
9. LINKS TO THIRD PARTY
WEBSITES
This website contains links to third party
websites. Your use of third party websites is subject to the terms and
conditions of use contained within each of those websites. Access to any
other website through this website is at your own risk. FridgeVan.ie is
not responsible or liable for the accuracy of any information, data,
opinions, statements made on these websites or the security of any link
or communication with those websites. FridgeVan.ie reserves the right to
terminate a link to a third party website at any time. The fact that
FridgeVan.ie provides a link to a third party website does not mean that
FridgeVan.ie endorses, authorises or sponsors that website, nor does it
mean that FridgeVan.ie is affiliated with the third party websites,
owners or sponsors. FridgeVan.ie provides these links merely as a
convenience for those who use this website.
10. DISCLAIMERS
ALL USE BY YOU OF THIS WEBSITE IS AT YOUR OWN
RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS
RESULTING FROM, YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR
RELYING ON FACILITIES, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE,
OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS WEBSITE. YOU
AGREE THAT FRIDGEVAN.IE AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK
SERVICES TO FRIDGEVAN.IE WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF
YOUR USE OR YOUR INABILITY TO USE THIS WEBSITE, AND YOU HEREBY WAIVE ANY
AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR
OTHER GROUNDS. THIS WEBSITE IS AVAILABLE TO ALL USERS "AS IS" AND
WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. FRIDGEVAN.IE MAKES NO REPRESENTATIONS, WARRANTIES OR
UNDERTAKINGS THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE,
WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR
OTHER HARMFUL ELEMENTS. FRIDGEVAN.IE ACCEPTS NO LIABILITY FOR ANY
INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS,
INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR
OCCURRENCE BEYOND THE CONTROL OF FRIDGEVAN.IE, WHICH CORRUPTS OR EFFECTS
THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER
CONDUCT OF ANY ASPECT OF THIS WEBSITE. FRIDGEVAN.IE MAKES NO
REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE FACILITIES,
SERVICES AND/OR MATERIALS ON THIS WEBSITE (INCLUDING WITHOUT LIMITATION,
THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER FRIDGEVAN.IE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FACILITIES,
SERVICES AND/OR THE MATERIALS OFFERED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THIS WEBSITE OR SERVICES THROUGH THIS WEBSITE,
INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR
DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF FRIDGEVAN.IE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR
DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL FRIDGEVAN.IE NOR
ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER
REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR THE INTERRUPTION, SUSPENSION
OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT.
Without limiting the foregoing, under no
circumstances shall FridgeVan.ie nor any of its officers, directors,
employees, affiliates or other representatives be held liable for any
delay or failure in performance resulting directly or indirectly from
acts of nature, forces or causes beyond its reasonable control,
including, without limitation, internet failure, computer equipment
failures, telecommunication failures, other equipment failures,
electrical power failures, strikes, lay-way disputes, riots,
interactions, civil disturbances, shortages of labour or materials,
fires, floats, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third party.
12. INDEMNITY
You agree to defend, indemnify and hold
FridgeVan.ie and (as applicable) its officers, directors, employees,
affiliates or other representatives harmless against any and all claims
made by or liabilities to any third party resulting from any activities
conducted under your account, your use or misuse of this website,
including but not limited to posting content on this website, entering
into transactions with other website users, contacting others as a
result of their postings on this website, infringing any third party's
intellectual property or other rights, failing to deliver goods or
payment to other website users, or otherwise arising out of your breach
of any terms of use.
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