Terms & Conditions of Hire

No right of lien under any situation caused directly or indirectly by O'Brien Skip-Hire Limited, its servant or agents will negative this right retained.

1.Definitions and General

This contract is for the provision of waste equipment and waste services ('Equipment') and the hire of skips and accessories detailed on the invoice or Order Acknowledgement. The parties to the Contract are: The 'Hirer' and, where the Hirer is not an individual acting in person, the 'Signatory' at the point of delivery.O’Brien Skip-Hire Limited with head offices at Ballyrussell, Midleton, Co. Cork.
Waste' means all waste as described by the Hirer and as agreed by O'Brien Skip-Hire Limited and the Hirer's site and excludes the following: Substances hazardous to health such as toxic or corrosive materials or liquids, Cans, drums or other containers of any kind unless they are empty and crushed: so incapable of carrying any liquid Medical waste of animal carcasses of any kind or quantity
Any other material not listed below however considered unsuitable for containment e.g. malodorous waste.

These terms and conditions shall Aapply to the hire of all Skips between O'Brien Skip-Hire Ltd and the Hirer, and shall not be overridden by any terms and conditions of the Hirer.
Acceptance of the Skips on site by the Hirer or its delivery on site in accordance with the Hirer's instructions signifies acceptance of these Terms and Conditions unless otherwise agreed in writing.
O'Brien Skip-Hire Limited may terminate the contract and repossess the Skip without affecting any rights to recover monies due, damages for breach of contractor remedies where the Hirer is in breach or is involved in insolvency or liquidations of proceedings.
These Terms and Conditions shall be governed and construed according to the laws of Ireland

2.Hire Charges

The stated hire charges on the Invoice or delivery docket are for duration of the contract and include Saturdays, Sundays and Public Holidays. Hire charges include carriage and delivery. A maximum of 20 minutes attendance by the delivery vehicle at the address specified by the Hirer is included. The Hirer will be required to pay for further time.
Abortive carriage charges will be levied when delivery or collection has not been possible when undertaken in accordance with the Hirer's instructions.

Where an approved credit or debit card transaction has taken place and subsequent payment for shortfalls arise (e.g. in the case of unsuitable waste), O'Brien Skip-Hire Limited may process for further payment of the balance due. Similarly, O'Brien Skip-Hire Limited may process part payments at interim stages of the Contract.
Once an order is placed with O'Brien Skip-Hire Ltd, a minimum period of 24 hours is required to cancel the order. Cancellations of orders within 24 hours will be subject to full charge as originally agreed with no refunds. No negotiations will be entered into.

3.Payment Terms

Payment terms are cash on delivery or for authorized credit customers are 30 days net from the date of the invoice. In accordance with the European Communities (Late Payments in Commercial Transactions) Regulations 2002. O'Brien Skip-Hire Ltd reserves the right to charge interest on the late payment of commercial debts at the base rate + 7%. The Hirer will pay all monies outstanding, on demand including interest on amounts overdue and will be liable for reasonable legal charges incurred by O'Brien Skip-Hire Ltd in the recovery of the Skip or amounts due. O’Brien’s Skip Hire reserve the right to empty your skip at your site, where payments have not been made. The hirer is fully responsible for all clean up costs.

4.Responsibility for Operatives

When an operative (competent person) is supplied with the Skip, such person shall be under the direction and control of the Hirer. The operative shall for all purposes connected with such employment be regarded as the servant of the Hirer who alone shall be responsible for all claims arising in connection with the delivery, preparation or operation of the Skip. O'Brien Skip-Hire Ltd shall have no liability for any loss or damage caused by any act or omission whatsoever of an operative or the consequences thereof. The Hirer shall fully and completely Indemnify O'Brien Skip-Hire Ltd in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection with any act or omission of the operative, the Hirer is responsible for him and whether or not arising under the statute or common law or from the negligence or breach of duty or other wrongful act or omission of the operative.

5.Responsibility of Person Signing

The person signing on site warrants that he has the authority of the Hirer to make the contract on the Hirer's behalf. And/or by the acceptance of the skip delivery to your property O'Brien Skip-Hire Ltd shall be entitled to treat the Hirer as contractually bound by these Terms and Conditions.

6.Delivery in Good Order & Safety Lighting
The hirer is wholly responsible for supplying and erecting safety lights, traffic cones and for illuminating the skip for the safety of all passing and approaching traffic & persons. The Hirer by signing on site has been afforded the opportunity to inspect the Skip that is deemed to be in good working order and wholly free from damage at the time of signature. If the Hirer has accepted the Skip on site, the Skip is also deemed to be in good working order and wholly free from damage at the time of delivery.

7.Security of Skip On Site
The Hirer shall not sell or otherwise part with possession and/or control of the Skip and shall remain responsible for the Skip and its safe-keeping during the hire period. The Skip must not be removed without the authority of O'Brien Skip-Hire Ltd from the address to which the Skip has been delivered. The Hirer shall keep the site at which the Skip is located safe and secure

8.Access end Ground Conditions
The Hirer is responsible for the provision of free and suitable access to and from the site and for ensuring suitable ground conditions for the collection & delivery of the Skip. No responsibility will be accepted for damage to the surface over which the Skip has been placed and the Hirer should therefore take steps to protect surfaces (paving slabs, soft ground and the like) before delivery of the skip.

9. Hirer’s Responsibility – Third Party
The Hirer shall fully and completely indemnify O'Brien Ship-Hire Ltd in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Skip.

10 Consequential Losses
O'Brien Skip-Hire Ltd shall not be liable for any consequential losses, expenses, liabilities, claims or proceedings whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Skip.

11.Insurance and Notification of Accidents
The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability cover against the loss or damage to the Skip. The Hirer shall produce on demand to O'Brien Skip-Hire Ltd a copy of the policy or policies. The Hirer shall hold on trust all policy proceeds in or towards satisfaction of the Hirer's obligations this contract. If the Skip is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to O’Brien Skip Hire Limited by telephone and confirmed in writing.

12.Period and Determination of Hire
If the Hirer is an individual within the meaning of the Consumer Credit Act 1995, the maximum period of the hire shall be 2 weeks; O'Brien Skip-Hire Ltd shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the hire contract and to repossess the Skip.

13 Right of Access
The Hirer shall allow access to the Skip at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.

14. Invalidation
Should any of these Terms and Conditions be held to be invalid, such invalidation will not affect the validity of the remaining Terms and Conditions