Terms & Conditions of Hire
This Agreement is made between
1. eDynamics Ltd. t/a mySatNav of 8 The Mall, Beacon Court, Sandyford, Dublin 18 ("mySatNav") and
2. the Hirer of the Equipment (the "Hirer")
IT IS HEREBY AGREED as follows: -
mySatNav agrees to hire items (the "Equipment") to the Hirer according to the terms and conditions set out below.
1. Sat-Nav Hire Quotation / Invoice
1.1 The Sat-Nav Hire Quotation contains the following information that forms the basis of this agreement:
1.1.1 Hirer's Name, Address.
1.1.2 Itemised Equipment to Hire (the "Equipment").
1.1.3 First Day of Hire Period.
1.1.4 Last Day of Hire Period.
1.1.5 Number of Hire Days (the "Hire Period").
1.1.6 Delivery Address for Equipment and Delivery Instructions (if applicable).
2. Agreed Hire Period
2.1 The period of hire is stated in the Sat-Nav Hire Quotation
2.2 The First Day of Hire is the day that either mySatNav delivers the Equipment to the Delivery Address or the day that the Hirer collects the Equipment from mySatNav.
2.3 The Last Day of Hire is the day that mySatNav is in receipt of the Equipment.
3. Delivery of the Equipment to Hirer
3.1 mySatNav will deliver the Equipment to the Hirer using one of the following methods.
3.1.1 The Hirer may collect the equipment in person from mySatNav's premises.
3.1.2 mySatNav will deliver the Equipment using An Post's Express Next-Day Delivery service to any business or home address in the Republic of Ireland.
3.2 Carriage/postal charges for delivery of Equipment to the Hirer are borne by the Hirer.
3.3 The Hirer agrees that mySatNav is not liable for any damage loss or expense arising from delay in delivering the Equipment.
3.4 mySatNav warrants to the Hirer that the Equipment when delivered will be fully operational comply with the manufacturer's specification and be fit for purpose.
3.5 Unless notified within 24 hours after the due Delivery Date, mySatNav shall assume that the Equipment was delivered in a fully operational state.
3.6 A Delivery Note accompanies the Equipment. The Hirer hereby agrees to check that all items of the Equipment listed on the Delivery Note have been received by the Hirer. Unless notified within 24 hours after the due Delivery Date, mySatNav shall assume that all items listed on the Delivery Note were delivered.
4. Return of the Equipment to mySatNav
4.1 The Hirer will deliver the Equipment to mySatNav using one of the following methods.
4.1.1 In person to mySatNav's premises.
4.1.2 Through An Post's Express / Registered Delivery service subject to Clause(5) below.
4.2 Carriage/postal charges for return of Equipment to mySatNav are borne by the Hirer.
4.3 The Hirer accepts responsibility for prompt return of the Equipment to mySatNav.
4.4 The Hirer hereby agrees to return all items of the Equipment to mySatNav listed on the Delivery Note.
4.5 The Hirer hereby agrees that failure to return the Equipment to mySatNav in accordance with this Clause(4) may make the Hirer liable for the full replacement cost of the Equipment.
5. An Post Express Delivery Service
If the Hirer elects to return the Equipment to mySatNav via the An Post Express Delivery Service, the Hirer agrees to notify mySatNav, by either phone or email, of the Postage Tracking ID assigned to the package. Failure to observe this clause(5) makes the Hirer liable for any delays in delivery of the Equipment to mySatNav.
6. Late or Non-return of Equipment
The Hirer agrees that failure to return all or part of the Equipment to mySatNav by or on the Last Day of Hire makes the Hirer liable for a late payment of EUR12.50 per day inclusive of VAT (value added tax).
The Hirer shall not sell, mortgage, lease or in any way part with possession of the Equipment the title of which remains vested in mySatNav at all times.
8. Condition of Equipment
Save fair wear and tear, the Hirer shall return the Equipment to mySatNav in the same condition as received. The Hirer acknowledges that the Equipment comprises fragile electronic components and it should be treated with due care and attention. The Hirer agrees to operate the Equipment at all times in a proper manner as specified in the manufacturer's instructions and in accordance with Clause(9). All electrical or lead connections to and from the Equipment must comply with the manufacturers specifications and requirements. The Hirer accepts that any failure by the Hirer to observe the manufacturer's instructions that results in damage to the equipment makes the Hirer entirely responsible for any replacement or repair costs to the Equipment. The Hirer agrees to pay all replacement costs of any part of the Equipment that is lost during the hire period. The Hirer agrees to keep the Equipment safe at all times. The Hirer agrees that should the Equipment cease to operate according to manufacturers specifications during the hire period the Hirer shall not attempt to rectify the fault without the explicit instructions of mySatNav.
9. Excluded Uses
In accordance in Clause(8) above, the Hirer agrees not to connect the Equipment to another electronic device such as a computer, laptop, PDA or any other device for the purpose of downloading data to the Equipment or uploading data from the Equipment.
10. Limitations of Liability
10.1 The following provisions set out mySatNav's entire liability (including any liability for the acts and omissions of its employees) to the Hirer in respect of any breach of its contractual obligations arising under this agreement and any representation statement or tortious act of omission including negligence arising under or in connection to this agreement.
10.2 mySatNav's liability to the Hirer for death or injury resulting from its own or that of its employees' negligence shall not be limited.
10.3 mySatNav shall not accept liability to the Hirer in respect of damage to the tangible property of the Hirer resulting from the negligence of mySatNav or its employees.
10.4 Subject to the provisions of clause(10.2) mySatNav's entire liability in respect of Clause(10.1) shall be limited to an amount equal to the total rental payments received by mySatNav from the Hirer.
10.5 mySatNav does not warrant to the Hirer the merchantability of the Equipment or its fitness of purpose.
10.6 The Hirer shall indemnify and hold harmless mySatNav against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising in damage or injury (including death) in connection with the Equipment or its use thereof.
11. Theft or Loss of GPS Receiver
In the event of the theft or loss of the sat-nav, to satisfy insurance requirements, the Hirer agrees to notify the nearest police station immediately and inform mySatNav directly thereafter. Failure to observe the insurance requirements makes the Hirer liable for the replacement costs of the sat-nav. For this reason it is advised that the Equipment is not left on it's mount when the car is unattended and is concealed out of sight.
The Equipment is at the Hirer's own risk therefore Hirer agrees to insure the Equipment against all risk for a sum not less than EUR400.00 which is the replacement cost of the Equipment.
13. Payment of Hire Charges
Full payment of Hire Charges is due at time of collection or order of the Equipment. A 'pre-auth' or swipe is taken of the Hirer's credit/debit card which will be accepted as security during the Hire Period. At the end of the Hire Period, once it is confirmed by mySatNav that all items of the Equipment have been returned to mySatNav in a fully operational state mySatNav will destroy all credit/debit card details of the Hirer held by mySatNav.
The Hirer may cancel an order with 7 working days notice without penalty. The Hirer agrees that cancellation with less than 7 days notice may result in an administrative charge of EUR30.00.
15.1 This agreement may be terminated by notice to the Hirer forthwith by mySatNav:
15.1.1 if the Hirer fails to pay any sum due;
15.1.2 if the Hirer commits any material breach of any term of this agreement;
15.1.3 if the Hirer, being an individual, is deemed unable to pay his or her debts arising from a bankruptcy order made against him or her;
15.1.4 if an encumbrancer takes possession of, or a receiver or examiner (or an administrator as appropriate) is appointed over any of the property or assets of the Hirer or if any similar action in consequence of debt is taken against or suffered by the mySatNav;
15.2 Upon termination of this agreement the Hirer shall return the Equipment to mySatNav. Failure to do so entitles mySatNav to enter into the premises of the Hirer to take possession of the Equipment.
15.3 Upon termination of this agreement the Hirer shall pay any outstanding rental amounts due.
16. Force Majeure
Neither party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires strikes insurrection or riots embargoes container shortages wrecks or delays in transportation.
Any notice request instruction or other document to be given hereunder shall be delivered or sent by ordinary mail or by facsimile transmission to the address or facsimile number of the other party shall be deemed to have been served at the time of delivery upon the expiration of 48 hours after posting and 12 hours after being dispatched.
18. Invalidity and Severability
If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all such provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
19. Entire Agreement
mySatNav shall not be liable to the Hirer for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of execution of this agreement other than those representations agreements statements or undertakings confirmed by a duly authorised representative of mySatNav in writing or expressly incorporated or referred to in this agreement.
Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder.
Save insofar as otherwise expressly provided all amounts stated in this Agreement are expressed exclusive of value added tax.
This agreement shall be governed by and construed in accordance with the laws of Ireland. Any dispute arising under this Agreement which does not involve a sum exceeding EUR1,269.74 shall be referred to the Small Claims Court of the District Court by either party. In all other cases both parties submit to the jurisdiction of the Irish Courts.