General
All contracts made by Advanced Waste Recycling Limited. (hereinafter referred to as the “Company”) with you as the user of the Company’s waste collection service (the “Service”) shall be deemed to incorporate these terms and conditions (the “Contract”). No variation or addition shall form part of the Contract or any other contract unless specifically accepted by the Company in writing.
“Bins” mean waste receptacles provided by the Company for the purposes of provision of the Service and shall include any black (or grey), green and brown wheelie bin or other waste receptacle.
The Contract shall over-ride and take the place of any other terms and conditions in any document or other communication used by you in concluding any business relating to the Service with the Company.
You agree and acknowledge that you are bound by the terms of this Contract from the date of delivery of bins, or of the first payment made in respect of the provision of the Service, or from the date of first provision of the Service, whichever is the earlier (the “Commencement Date”).
By signing up to avail of the Service, and without prejudice to other terms herein, you agree and acknowledge that:
a) you will be bound by these terms until such time as your Contract is terminated by either party;
b) the Company may change its pricing plans but it will provide you with 14 days’ notice in advance;
c) the Company may seek payment from your bank for all charges due on your account (e.g. additional weight charges and/or penalties) throughout the term of your Contract without providing prior notice.

Use of Bins
The Customer accepts, acknowledges and agrees that only domestic waste will be accepted in the bins.

No hot ashes or hazardous waste shall be placed in any of the Bins.

The Customer shall ensure that the Bins presented for collection must be closed and must not be overloaded. The Customer shall ensure that the Bins are presented for collection in accordance with the Local Authority byelaws in force from time to time.

The Company will not collect any items, which are not contained within the Bins provided. However, the Company reserves the right, at their sole discretion, to collect loose or excess material placed adjacent to the bin. If excess material is collected by the Company, it will be placed inside the bin and weighed. This additional weight will be charged at the Company’s normal weight charge for that waste type and invoiced to the Customer’s account.

The Customer accepts and acknowledges that it will use the Bins at its own risk.

The Customer accepts, acknowledges and agrees that it will keep the Bins in good substantial repair and condition. The Customer accepts, acknowledges and agrees that if any Bin provided by the Company is lost, damaged or stolen, then the Customer will be liable to pay the Company a replacement fee of €35 per Bin.

The Customer accepts and agrees that the Bins are and shall remain the property of Advanced Waste Recycling Limited.

The Customer authorises Advanced Waste Recycling Limited representatives to enter on to the Customer’s premises upon which the Bins are located for inspection of the Bins and or recovering possession of the Bins. In the event of non–payment of an account or in circumstances where the Bins are used for other purposes, the Company reserves the right to remove the Bins from the Customer’s premises without prior notice.
Only material, as described on this website, may be placed in the black / grey bin (black / grey bin waste)

Only material, as described on this website, may be placed in the brown bin (brown bin waste).

Only material, as described on this website, may be placed in the green bin (green bin waste).

Collection Service
The collection service will operate from Monday to Saturday on a fortnightly basis in accordance with the collection schedule per area as set out on the Company’s website.

The Customer shall ensure that the Bins are left outside on the footpath before 7am on the morning of collection and brought back in as soon as possible after the Bin has been emptied by the Company. Advanced Waste Recycling Limited will only provide the Services for Bins not left out on time on the following scheduled service day.

The Company reserves the right to alter the collection schedule but will notify the Customer where reasonably practicable in advance.

Strictly one set of bins per dwelling. Bins cannot, under any circumstances, be shared between dwellings.
Communications by short message service (SMS) and email (e.g. billing, collections, service updates, reminders, promotions, payments, etc.) will be deemed received by you on the same day.

The Company retains ownership of its equipment (e.g. bins, locks, etc.) at all times. In the event any of the equipment is lost, stolen or damaged you shall immediately notify the Company and provide all relevant details of same. You shall be liable for the charges incurred by the Company in replacing or repairing same. Each bin requiring replacement will be charged at €35 and a delivery charge of €15 will also apply.

By availing of the Service you agree and acknowledge that you will not or will not attempt to interfere, deface or in any way alter the look or functionality of the bin including, for the avoidance of doubt, by affixing or attempting to affix anything to the bin including lid straps, ties, clamps or any similar device used to keep the lid closed. Should the Company become aware of a breach of this provision, you will be notified of the breach and a penalty of €40 will be applied to your account. You are responsible for the payment of such penalty in accordance with the payment obligations in this Contract. If you fail to rectify the breach within 14 days of receiving the notice, the Company shall be entitled to terminate the Service.

The Contract is personal to you. You shall not, except with the Company’s written consent or in accordance with the Company’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part.

The Company may reasonably modify or suspend the Service wholly or partially, if such action is deemed necessary by the Company (e.g. for maintenance, security or other valid and bona fide commercial and operational reasons) or if the Company is requested to do so by an authorised authority. In such circumstances, the Company will give you as much notice as reasonably possible. Please note your right to terminate the Contract in such circumstances as set out in our Termination clause below.

The Company provides different bins for different types of non-hazardous material. All non-recyclable waste must be disposed of in the general waste bin. The Company will apply a penalty of €30 per bin per incident to your account if a bin designed for recyclable material is contaminated with non-recyclable material e.g. general waste. You are responsible for payment of such penalty in accordance with the payment obligations in this Contract.
The Company will not accept any liability if the bin(s) is/are moved to a different location without prior notice to, and agreement with, the Company.
If the service is not carried out on the day specified in the collection schedule on the grounds of a valid reason which is outside of the control of the Company (e.g. adverse weather conditions) the Company reserves the right to reschedule the visit to the next reasonable opportunity for such service and you shall have no claim against the Company in this respect.

In no event shall the Company be liable to you for damage suffered by you as a consequence of acts or omissions of third parties.
In the extremely unlikely event that the weighing systems fail, and we empty your bin, we will only charge you based on your average weights over the previous 4 collections.

Charges and Payment
The charge payable by you for the Service depends on your location and what option you choose when you are going through the Company’s sign up process.

The Company currently offers a number of different price plans which are periodically reviewed and updated.

Payment of the annual service charge will be made in advance by the Customer and the Customer will be notified by letter, text or e-mail, of any renewal / payment date at least one month prior to the payment being due, along with any change to the rates being charged by the Company for the Service.

Payment of the annual service charge for ‘Pay Per Lift’ Customers must be paid on the due date. Failure to pay this will result in non-collection of your bins.

Our service charge covers back office, staffing and transport costs associated with kerbside collection.

This annual service fee ensures that a collection truck passes your home on a weekly basis to check if bins are out for collection.
On receipt of the yearly invoice, a payment is required within 30 days of the dated invoice.

Customers acknowledge and accept that the Company provides a prepaid service and to ensure collection must have sufficient credit on their account 24 hours prior to their scheduled collection.

Customers may pre pay monies to the Company in respect of the Service by using the automatic top up service as outlined on the Advanced Waste website – www.advancedwaste.ie.

Customers who pre pay the Company for the Service by utilisation of their Top Up Card in An Post outlets may be charged an administration charge by An Post. In the event that a Customer prepays the Company for the service by utilisation of the top-up card in an amount less than €15.00, the Company may charge a €1.00 administration cost.

The Company reserves the right to alter the Price in the event of government levies, VAT increases, increase of fuel costs or other unexpected increase in operational costs. Please visit our website www.advancedwaste.ie for a list of charges in your area.

Before the Company makes a change to a price plan or before a price plan is due to expire the Company will:
provide you with 14 days’ notice of such change;
provide you with information relating to the new price plans; and

If you do not notify the Company of your chosen new price plan within the period, specified in the Notice the Company will automatically apply the new monthly pricing plan to your Service.

The Company reserves the right to change its billing method and/or frequency for operational or legislative reasons and will provide a minimum of 14 days notice of said changes to the customer.

The Company reserves the right to issue bills in a paperless format and we may impose an administration charge for the issue of a paper bill.

If you are not happy with the new price plans please note your right to terminate the Contract as set out in our Termination clause.
All charges due for delivery of the Service must be paid by cash, direct debit either from a bank account, debit or credit card, or by any other mode agreed between the Company and the Customer.
By availing of the Service, you hereby authorise the Company to:
a) collect your bank account details, credit card/debit card details (or such other billing information necessary for the Company to receive payment for the Service);
b) at a minimum, retain such information until such time as your Contract is terminated in accordance with our Termination policy;
c) carry out payment requests to your bank to discharge all outstanding account charges. (which for the avoidance of doubt will include any additional weight charges and/or penalties due on your account) on your assigned direct debit collection date; and/or
d) on providing you with advance notice, change your direct debit collection date.
If the chosen method of payment is direct debit from a bank account, you are responsible for ensuring that the bank account given is a current account which can accept direct debits.

It is your responsibility to advise the Company of changes to your bank account, debit card or credit card details, or if your debit card or credit card expires.
The Company reserves the right, without notice, to suspend the Service wholly or partially if any charge in respect of the Service is outstanding for 14 days after the invoice date.

The Company will impose an administration charge of €10 for every payment request not honoured by your bank (e.g. direct debits from your current account, debit card or credit card).

The Company will impose an administration charge of €10 to replace any lost An Post Refuse and Recycling Top Up Cards.

The minimum top up amount accepted by our Customer Service Agents over the phone will be €20.

If you wish to change your payment method, you must provide the Company with at least 7 days prior written notice of such a change. Such change may only occur from the beginning of the next charging period.

Fair Usage
The Company reserves the right to charge for excessive weight beyond this threshold allowance and will not notify you in advance of such additional charges being applied. Details of the additional charges and the threshold allowance are set out in the pricing plans by area on this website.

Termination of Service
From the Commencement Date, the customer has the right to cancel this Contract within 14 days written notice (the “Initial Period”) without any reason given and upon such cancellation they will be entitled to a full refund of all sums paid to the Company less the collection cost of the bins. All notices to the Company in this regard should be sent either by email to household@advancedwaste.ie, or by signed letter to Advanced Waste Recycling Limited, Glenowlen, Church Road, Co. Dublin.

The written notification of the account holder’s wish to terminate must contain the Customer’s name, address and account details.

If the Contract is terminated within 12 months of the start date, a surcharge of €15 per bin shall apply. This charge includes a bin sanitisation cost. The surcharge will reimburse the cost to the Company for the collection and cleaning of the bins.

If you cancel or do not renew your service with the Company, there will be a cancellation fee of €15 per bin charged against your account. This charge includes a bin sanitisation cost. This amount will be deducted from any refund balance due to you.

If a credit applies to a Customer’s account on termination or cancellation of the Services the Customer will receive a refund for the prepaid period less any Cancellation Fee that may be applied.

Where a Customer has obtained a discounted Price that is subject to the Customer agreeing to a minimum Term of Contract and the Customer subsequently cancels or terminates the Contract, prior to the expiry of the minimum term, Advanced Waste Recycling Limited reserves the right to charge the Customer the remaining balance of the Price due to the Company for the remainder of the term.

Refunds, where applicable, will be made within 30 days of the cancellation notice. The Customer’s account will not be closed until such time as the Bins are removed from the Customer’s premises and any monies owed on the Customer’s account have been paid in full.
Any waste in the Bins at the time of collection. All such waste will be subject to a charge at the Company’s normal rates.

General
If at any time any one or more of the provisions of the Agreement or any part thereof is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.Advanced Waste Recycling Limited shall not be liable to the Customer for any indirect loss, consequential loss, special damages or expenses suffered by the Customer arising out of a breach of this Agreement by the Company.

In the event of a breach of this Agreement by Advanced Waste Recycling Limited the remedies of the Customer shall be limited to damages only. Under no circumstances shall the liability of Advanced Waste Recycling Limited exceed the price of the Services.

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following circumstances: industrial disputes, strikes, act of God, fire, flood, explosion, power surge, war or terrorism.
Advanced Waste Recycling Limited reserve the right to vary this Agreement from time to time. In the event that this Agreement is varied by Advanced Waste Recycling Limited, the Company will post notification of such changes to the Company’s website or to an alternative hosting page and shall notify the Customer of the changes by SMS, email or push notification.

The Company shall provide not less than 14 days’ notice to Customer of any proposed changes to this Agreement.
Within the 14-day period following notifying the Customers of a change to this Agreement the Customer may terminate the Agreement by giving not less than 7 days written notice to Advanced Waste Recycling Limited. In the event the Customer does not terminate the Agreement within this 7-day period, the Customer shall be deemed to have accepted the change(s) to the Agreement.

Personal Data and Privacy Statement
The Company’s Privacy Policy sets out how the Company will treat your personal data and protect your privacy when you use the Service. By using the Service, you agree that the Company can use such data in accordance with our Privacy Policy, including for the purposes of on-boarding you as a new customer, processing payments or otherwise providing the Service. A current version of the Company’s Privacy Policy is set out below.
By availing of the Service, you agree to the terms of the Privacy Policy.
Advanced Waste Recycling Ltd (“the Company”) respects your privacy. When you download or use our mobile application or log in to your online account, we collect the following personal data from you: your name, address, e-mail address, telephone number and a record of transactions you have undertaken with us. Any personal data that you provide to us or supply during the process of downloading our mobile application will be held by the Company in confidence and in compliance with all applicable legal and regulatory requirements relating to the obtaining, retention, processing and use of personal data. We comply with the provisions of the General Data Protection Regulation requirements applicable to electronic communications and aim to maintain consistently high levels of best practice in our processing of personal information. We are the Data Controller for the purposes of your personal information that we collect.

No personal information will be divulged to anyone or any organisation. The Company will only disclose Personal Data if they believe in good faith that they are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
We may use your personal details for the following purposes: to register you for customer communication from the Company once you have opted in and to administer your account.

Cookies Policy
Certain statistical information is available to us via our internet service provider through the use of cookies. A cookie is a piece of information which a website stores through the web browser on your PC that it can later retrieve when you log back on to the website. This information may include the logical address of the server you are using, the top-level domain name from which you access the internet (for example .ie, .com, .org), the type of browser you are using, the date and time you access the site, the internet used to link to our site.
We use cookies to make our site more user friendly by creating Summary Statistics on the number of visitors to our site and what pages are accessed more frequently. Cookies will not be used to contact you for marketing purposes.

The account holder may request in writing copies of their personal information held by us. Subject to the General Data Protection Regulation, we will provide you with a copy of your personal information within the 40-day timeframe.
We may also request proof of identification to verify your access request. If you wish to make such an access request.

Law
These conditions shall be construed in accordance with and governed by Irish Law.

1. Definitions
   • 1. 1 “Provider” shall mean Advanced Waste Recycling Limited its successors and assigns or any person acting on behalf of and with the authority of Advanced Waste Recycling Limited.
   • 1. 2 “Customer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
   • 1. 3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
   • 1. 4 “Goods” shall mean Goods supplied by the Provider to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Provider to the Customer.
   • 1. 5 “Services” shall mean all services supplied by the Provider to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
   • 1. 6 “Price” shall mean the cost of the Goods and/or Services as agreed between the Provider and the Customer subject to clause 3 of this contract.
   • 1. 7 “Hire” shall mean to engage the temporary use of the Goods for a fee.
   • 1. 8 “Hirer” shall mean the organisation and/or individual in whose name a “Hirer” agreement is made.
2. Acceptance
   • 2. 1 Any instructions received by the Provider from the Customer for the supply of Goods and/or Services and/or the Customer’s acceptance of Goods and/or Services supplied by the Provider shall constitute acceptance of the terms and conditions contained herein.
   • 2. 2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
   • 2. 3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Provider.
   • 2. 4 The Customer undertakes to give the Provider at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.
3. Price And Payment
   • 3. 1 At the Provider’s sole discretion the Price shall be either;
     1. based on weight as indicated on invoices provided by the Provider to the Customer in respect of Goods and/or Services supplied; or
     2. based on weight the Provider’s quoted Price (subject to clause 3.2) which shall be binding upon the Provider provided that the Customer shall accept the Provider’s quotation in writing within twenty one (21) days.
   • 3. 2 The Provider reserves the right to change the Price in the event of a variation to the Provider’s quotation due to;
     1. national inflation; or
     2. increases or decreases at recycling/disposal sites; or
     3. increases in fuel costs; or
     4. any other unforeseen and/or unexpected increase in the Providers costs.
   • 3. 3 The price for domestic and commercial bin collection may be based on one or more of the following:
     1. the service charge in a chargeable period; and
     2. the number of lifts in a chargeable period; and
     3. the weight of the bin contents lifted.
   • 3. 4 Bins contents are weighed electronically by the Provider’s collection vehicle and the weight so recorded is final.
   • 3. 5 At the Provider’s sole discretion only the contents of the bins will be collected.
   • 3. 6 The Provider reserves the right, at their sole discretion, to collect loose or excess material placed adjacent to the bin. If excess material is collected by the Provider it will be placed inside the bin and weighed. This additional weight will be charged at the Providers normal weight charge and invoiced to the Customer’s account. Additional waste collection may be subject to additional charges at the Provider’s sole discretion.
   • 3. 7 Where the Customer includes hazardous waste for disposal the Provider will levy additional charges, these charges will be noted separately on an invoice and become immediately payable by the Customer.
   • 3. 8 At the Provider’s sole discretion a deposit may be required.
   • 3. 9 Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
   • 3. 10 At the Provider’s sole discretion;
     1. payment shall be due on delivery of the Goods and/or Services, or
     2. payment shall be due on foot of a pro-forma invoice before delivery of the Goods and/or Services, or
     3. payment for approved Customers shall be made by instalments in accordance with the Provider’s payment schedule.
   • 3. 11 Payment will be made by cash, or by cheque, or by bank cheque, or by postal order, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Provider.
   • 3. 12 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods
   • 4. 1 At the Provider’s sole discretion delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer’s address (in the event that the Goods are delivered by the Provider).
   • 4. 2 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Provider shall be entitled to charge a reasonable fee for redelivery.
   • 4. 3 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
   • 4. 4 The Provider may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
   • 4. 5 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
     1. such discrepancy in quantity shall not exceed 5%, and
     2. the Price shall be adjusted pro rata to the discrepancy.
   • 4. 6 The failure of the Provider to deliver shall not entitle either party to treat this contract as repudiated.
   • 4. 7 The Provider shall not be liable for any loss or damage whatever due to failure by the Provider to deliver the Goods and/or Services (or any of them) promptly or at all.
5. Risk
   • 5. 1 Access to the Civic Amenity Centre, the Provider’s offices and any part of the Provider’s premises is at the Customer or visitor’s sole risk. The Provider will accept no responsibility for loss or damage caused while on the Provider’s property howsoever caused including, but not limited to, negligence on behalf of the Provider, their employees, agents or assigns.
   • 5. 2 If the Provider retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
   • 5. 3 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Provider is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Provider is sufficient evidence of the Provider’s rights to receive the insurance proceeds without the need for any person dealing with the Provider to make further enquiries.
6. Title
   • 6. 1 It is the intention of the Provider and agreed by the Customer that ownership of the Goods shall not pass until:
     1. the Customer has paid all amounts owing for the particular Goods, and
     2. the Customer has met all other obligations due by the Customer to the Provider in respect of all contracts between the Provider and the Customer.
   • 6. 2 Receipt by the Provider of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Provider’s ownership or rights in respect of the Goods shall continue.
   • 6. 3 It is further agreed that:
     1. where practicable the Goods shall be kept separate and identifiable until the Provider shall have received payment and all other obligations of the Customer are met; and
     2. until such time as ownership of the Goods shall pass from the Provider to the Customer the Provider may give notice in writing to the Customer to return the Goods or any of them to the Provider. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
     3. the Provider shall have the right of stopping the Goods in transit whether or not delivery has been made; and
     4. the Customer shall not deal with the money of the Provider in any way which may be adverse to the Provider; and
     5. the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Provider; and
7. Customer’s Disclaimer
   • 7. 1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Provider and the Customer acknowledges that the Goods and/or Services are bought relying solely upon the Customer’s skill and judgment
8. Defects
   • 8. 1 The Customer shall inspect the Goods on delivery and shall within three (3) days notify the Provider of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Provider an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Provider has agreed in writing that the Customer is entitled to reject, the Provider’s liability is limited to either (at the Provider’s discretion) replacing the Goods or repairing the Goods.
9. Warranty
   • 9. 1 To the extent permitted by statute, no warranty is given by the Provider as to the quality or suitability of the Goods and/or Services for any purpose and any implied warranty is expressly excluded. The Provider shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
10. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
    • 10. 1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
    • 10. 2 Notwithstanding clause 10.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.
    • 10. 3 In particular where the Customer buys Goods and/or Services as a consumer the provisions of Clauses 8 and 9 above shall be subject to any laws or legislation governing the rights of consumers.
11. Hire Terms
    • 11. 1 Immediately on request by the Provider the Hirer will pay:
    • 11. 2 All costs of repairing any damage caused by the ordinary use of the Goods up to an amount equal to 50% of the new list price of the Goods; and
    • 11. 3 The cost of repairing any damage to the Goods caused by the negligence of the Hirer or the Hirer’s agent; and
    • 11. 4 The cost of repairing any damage to the Goods caused by vandalism, or (in Provider reasonable opinion) in any way whatsoever other than by the ordinary use of the Goods by the Hirer.
12. Hirer’s Responsibilities
    • 12. 1 The Hirer shall:
      1. Take on hire on simple hire for the minimum specified period as agreed between the Provider and the Customer and thereafter from week to week, or from month to month, or from year to year, until the hiring is concluded by either party by giving thirty (30) days written notice; and
      2. notify the Provider immediately by telephone of the full circumstances of any accident. The Hirer is not absolved from the requirements to safeguard the Goods by giving such notification; and
      3. keep the Goods in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over Goods and the Hirer accepts full responsibility for the safekeeping of the Goods and indemnifies the Provider for all loss theft or damage to the Goods howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Provider; and
      4. accept full responsibility for and indemnify the Provider against all claims in respect of any injury to persons or damage to property arising out of the use of the Goods during the hire period however arising, whether from the negligence of the Hirer or any other persons including but without limitation where the Goods are being serviced for any reason by the Provider their servants or agents; and
      5. accept full responsibility associated with any costs or liability due to the Goods obstructing any person/ s or property. The Hirer shall also accept full responsibility associated with any costs or liability due to the Goods being in a location that it shouldn’t or if the Goods or Provider incurs any fines, towage costs, seizure costs or impoundment costs while the Goods are in the custody of the Hirer; and
      6. The Hirer shall be responsible for free access by the Provider to the site where the Goods are located. If there are any delays due to free access not being available then the Hirer shall be responsible and shall reimburse the Provider for all lost hire fees associated with the Goods being unavailable. The Hirer shall also be responsible for all other expenses and costs incurred by the Provider due to delays in access to the Goods.
13. Default & Consequences of Default
    • 13. 1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
    • 13. 2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Provider from and against all costs and disbursements incurred by the Provider in pursuing the debt including legal costs on a solicitor and own client basis and the Provider’s collection agency costs.
    • 13. 3 Without prejudice to any other remedies the Provider may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Provider may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Provider will not be liable to the Customer for any loss or damage the Customer suffers because the Provider exercised its rights under this clause.
    • 13. 4 If any account remains overdue after thirty (30) days then an amount of the greater of €20.00 or 10.00% of the amount overdue (up to a maximum of €200) shall be levied for administration fees which sum shall become immediately due and payable.
    • 13. 5 Without prejudice to the Provider’s other remedies at law the Provider shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Provider shall, whether or not due for payment, become immediately payable in the event that:
      1. any money payable to the Provider becomes overdue, or in the Provider’s opinion the Customer will be unable to meet its payments as they fall due; or
      2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
14. Cancellation
    • 14. 1 The Provider may cancel these terms and conditions or cancel delivery of Goods and/or Services at any time before the Goods and/or Services are delivered by giving written notice. On giving such notice the Provider shall repay to the Customer any sums paid in respect of the Price. The Provider shall not be liable for any loss or damage whatever arising from such cancellation.
    • 14. 2 In the event that the Customer cancels delivery of Goods and/or Services the Customer shall be liable for any loss incurred by the Provider (including, but not limited to, any loss of profits) up to the time of cancellation.
15. Data Protection Act 1988 & Data Protection Act 2003
    • 15. 1 The Customer and the Guarantor/s (if separate to the Customer) authorises the Provider to:
      1. collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
      2. to disclose information about the Customer, whether collected by the Provider from the Customer directly or obtained by the Provider from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Customer on publicly accessible credit reporting databases.
    • 15. 2 Where the Customer is an individual the authorities under (clause 16.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
    • 15. 3 The Customer shall have the right to request the Provider for a copy of the information about the Customer retained by the Provider and the right to request the Provider to correct any incorrect information about the Customer held by the Provider.
16. Waste Management Act, (1996)
    • 16. 1 This agreement and all Service provided by the Service Provider is governed by and subject to the provisions of the Waste Management Act, (1996).
17. General
    • 17. 1 Recycling is permitted only in line with the Provider’s policy
    • 17. 2 Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • 17. 3 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
    • 17. 4 The Provider shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Provider of these terms and conditions.
    • 17. 5 In the event of any breach of this contract by the Provider the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Provider exceed 5 % of the Price of the Goods and/or Services.
    • 17. 6 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Provider.
    • 17. 7 The Provider may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
    • 17. 8 The Provider reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Provider notifies the Customer of such change. Except where the Provider supplies further Goods and/or Services to the Customer and the Customer accepts such Goods and/or Services, the Customer shall be under no obligation to accept such changes.
    • 17. 9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.