Terms of Service

Use this for your Terms of Service

Additional Notes: 
1. Rates & Prices: 
• The above rates and prices are based on normal working hours only.
• Additional night shifts, bank holidays & weekend days will be charged at the excess hourly rate, for the applicable minimum hire hours.
• The excess hourly rate applies to all hours above the minimum hire hours.
• Additional charges will apply to Christmas/public holiday working in respect of additional labour costs as per SEO.
• The Hirer is responsible for arranging & will be charged for all site/contractor’s inductions at the applicable hourly rate for the personnel and/or the associated equipment. Should the Hirer/Site require inductions be completed on a different day, the Hirer will be charged as per the aforesaid conditions. Where the Hirer may hire the same category of and/or similar and/or different equipment/personnel to a site/contractor requiring an induction, the owner shall have no liability, impetus or onus to provide previously inducted personnel. Daily minimum hires will apply. Notwithstanding the aforementioned CHL will endeavour to supply previously inducted personnel insofar as is safe, practical and cost efficient.
• All hires more than one hour from the nearest depot, that continue in excess of one day will be charged an additional €60.00 per night per man. Cranes are to be left on site in a secure area and drivers either commute/lodge depending on the site location.
2. Cancellation Charge: Cranes up to 200 ton must be cancelled by 3:00pm the proceeding day. In the event of cancellation after 3:00pm, 2/3rds of the contract value will be charged, or the full contract value will be charged in the event of cancellation on the morning of hire. For cranes over 200 ton required on weekdays the following notification periods are required without incurring charges:
• For cranes working on main boom, fixed or luffing fly, the Customer must notify CHL no later than 36 hours prior to the cranes site arrival time. For cranes over 200 ton required over the weekend period the following notification periods are required without incurring charges:
• For cranes working on main boom only, the Customer must notify CHL no later than 11:00 hours on the Thursday prior to the weekend.
• For cranes working on fixed or luffing fly, the Customer must notify CHL no later than 12:00 hours on the Wednesday prior to the weekend.
3. Alterations to rates & Prices: We reserve the right to vary these rates & prices on 30 day’s notice in the event of government or other charges creating significant cost escalation to the crane hire industry (e.g. fuel prices). Alternatively/Additionally Hire Agreements may be used to vary prices. Unless otherwise stated explicitly price lists are only valid for the calendar year of issue.
4. Credit Terms: Unless stated otherwise on the hire agreement, payment is strictly upon receipt of invoice and in accordance with the terms of the Construction Contracts Act 2013.
5. Duties of the Hirer: Please note that under normal ICPA Crane Hire agreement (Standard Hire) in the event of CHL providing a site inspection, and/or any reports, drawings or documents, that these are for general information only. The Hirer is responsible for the production of a Lift Plan, Method Statement & Risk Assessment by a suitably qualified Appointed Person and for the insurance of the lift and supervision of the lift at the time of hire. Ground conditions & weather conditions are also the sole responsibility of the Hirer.
6. Terms and Conditions of Hire: All hires are accepted under Terms and Conditions contained herein & in accordance with Crane Hire Ltd. hire agreements. Terms & Conditions 
• Crane Hire Ltd (hereinafter referred to as CHL) reserve the right to charge the full contract price in the event of the Hirer’s cancellation or failure to fulfill this contract. • The Hirer is responsible for arranging & will be charged for all site/contractor’s/online inductions at the applicable hourly rate for the personnel and/or the associated equipment. Should the Hirer/Site require inductions be completed on a different day, the Hirer will be charged as per the aforesaid conditions. Where the Hirer may hire the same category of and/or similar and/or different equipment/personnel to a site/contractor requiring an induction, the owner shall have no liability, impetus or onus to provide previously inducted personnel. Daily minimum hires will apply. Notwithstanding the aforementioned CHL will endeavor to supply previously inducted personnel insofar as is safe, practical and reasonable. 
• CHL reserve the right to supply alternative / re-hired cranes suitable to the requirements of the lift. CHL are entitled to cancel the hire at any time prior to commencement without liability or further obligation to the Hirer. 
• Save as provided herein the Irish Contractors Plant Association Terms and Conditions for the Hiring of Plant (ICPA Conditions of Hire) and the NSAI Code of Practice for the Safe Use of Cranes in the Construction Industry (I.S. 360:2004) shall apply to all services outlined above and any services supplied by us to the exclusion of any other terms and conditions the Hirer may seek to apply in any further correspondence. 
• Notwithstanding the ICPA Conditions of Hire and I.S. 360:2004 the Hirer and not CHL shall be responsible for ensuring that the ground is level and suitable to withstand the loads imposed on it by the mobile crane(s) and items being lifted and transport involved in the erection/dismantle of the plant, and therefore the Hirer and not CHL shall be liable for all loss and/or damage arising from any unsuitability of the ground conditions. The Hirer is advised that the ground conditions must be able to accommodate the gross weight of the mobile crane and support vehicles being driven into position in road travel mode. These vehicles can exert high axle loadings and the Hirer should check the suitability of access and egress ground loadings and roadways. 
• Notwithstanding the ICPA Conditions of Hire and I.S. 360:2004, the Hirer and not CHL shall be responsible for ensuring that all lifting points and lifting eyes are suitable to withstand the loads imposed on them at all times during the lifting operation and therefore the Hirer and not CHL shall be liable for all loss and/or damage arising from any unsuitability of the lifting points. 
• Notwithstanding the ICPA Conditions of Hire and I.S. 360:2004, where CHL supplies a driver/operator/appointed person/banksman such driver/operator/appointed person/banksman shall for all purpose in connection with their employment in the working of the plant and/or performance of services, be regarded as the servants or agents of the hirer who alone shall be responsible for all claims arising in connection with the operation of the plant by the said driver/operator/appointed person/banksman. 
• All warranties, conditions and other terms implied by statute or common law are excluded from these terms and conditions to the fullest extent permitted by law. 
• Notwithstanding the ICPA Conditions of Hire and I.S. 360:2004, where CHL undertakes a site survey/offers advice of any nature whatsoever, including but not limited to specifying the appropriate crane/equipment required, the Hirer remains responsible for appointing the Appointed Person for Lifting Operations/the implementation of I.S. 360:2004 and hereby indemnifies and holds harmless CHL from any claims/losses howsoever arising. 
• CHL shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising; (ii) CHL’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions shall be limited to three times the hire charges, if any, received from the Hirer by CHL for the equipment/cranes/service which is subject to any claim or dispute; (iii) The Hirer is required to notify CHL of any claim under this condition as soon as reasonably possible except that any claim under the preceding condition above shall be notified to CHL within ten (10) days of the Hirer suffering any alleged loss or damage; (iv) The Hirer will indemnify CHL against any liability (including liability for negligence) no matter when or how arising out of any claim by any third party against CHL as supplier of the equipment/cranes or in the supply of any services hereunder together with all legal costs relating thereto. 
• The Hirer and not CHL shall be responsible for ensuring that any ground/site/Road & Footpath area is level, free of obstruction, large enough and suitable to withstand the loads imposed on it by the vehicles and items being collected/delivered involved in the erection/dismantle of the plant, and therefore the Hirer and not CHL shall be liable for all loss and/or damage and/or delay arising from any unsuitability of the ground conditions within the controlled area. The Hirer is advised that the ground conditions must be able to accommodate the gross weight of any vehicles being driven into the controlled area. These vehicles can exert high axle loadings and the Hirer should check the suitability of access and egress ground loadings and roadways. 
• Where CHL supplies a driver/operative/designer of the traffic management plan such driver/operative/designer of the traffic management plan shall for all purposes in connection with their employment in the working of the equipment and/or performance of services, be regarded as the servants or agents of the hirer who alone shall be responsible for all claims arising in connection with the operation of the equipment, preparation of the traffic management plan and directions given by the said driver/operative/designer. 
• Where CHL undertakes a site survey/offers advice of any nature whatsoever, including but not limited to creating a traffic management plan, the Hirer remains responsible for planning the operations & implementing a safe system of work 
• The hirer and not CHL is responsible for any loss arising from damage to and/or theft and/or loss of any equipment supplied under and/or in connection with this contract and shall pay to CHL the full replacement costs and/or repair costs as shall be determined at the sole discretion of CHL. Furthermore CHL shall have no liability howsoever arising from the use, misuse, abuse, theft, loss, suitability and/or damage to any equipment supplied under and/or in connection with this contract 

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