KitHouse Terms & Conditions

In Simple Terms: Key Points of Our Agreement

This document outlines the terms of our equipment hire agreement. By hiring our equipment, you agree to these conditions.

1. What This Agreement Covers:

  • These terms override any previous discussions or agreements.
  • Any changes to these terms must be in writing and signed by an authorised representative of our company.
  • Your own terms and conditions will only apply if we specifically agree to them in writing.

2. Equipment Condition and Your Responsibility:

  • We'll do our best to ensure the equipment is in good working order when you receive it.
  • It's your job to check that the equipment is suitable for your needs before you use it.
  • If you find any issues upon delivery or collection, we'll replace or fix them for free time allowing.
  • We are not responsible for any loss or damage resulting from the use or inability to use the equipment, no matter how it's caused.
  • You must use the equipment carefully and appropriately, and you're responsible for keeping it in good repair (except for normal wear and tear), safe, and secure at your own cost.
  • You cannot open the equipment's casing or tamper with its mechanisms, nameplates, signs, or serial numbers.
  • You must protect the equipment from the elements, especially saltwater and spray.
  • You are fully responsible for any loss or damage to the equipment (unless it's due to our technicians' deliberate actions). This includes damage from misuse or not being familiar with the equipment, and you'll be charged for repairs or replacement.
  • You must not attempt to repair the equipment yourself or have anyone else do it.
  • For highly technical equipment, we may require you to hire one of our technicians to operate it at your expense.

3. Giving Us Instructions:

  • Any orders or instructions must be given to us in writing by you or your authorised agent.
  • If you give instructions verbally, please confirm them in writing within three days.
  • We are not responsible for any misunderstandings or errors resulting from instructions not received in writing or not confirmed.
  • You are responsible for any advice or guidance you give to our technicians.

4. Delivery and Collection:

  • We'll agree on a time and place for delivery and collection.
  • If we deliver to you, a signature from anyone appearing to be your employee is proof of delivery.
  • We'll try our best to meet any schedules but are not liable if equipment or technicians don't arrive by a specific time.
  • We are not responsible for delays caused by events outside our control (e.g., natural disasters, government actions, labor disputes, transport delays).

5. Returning the Equipment:

  • Unless we agree otherwise in writing, you are responsible for returning the equipment when the hire period ends.
  • If we agree to collect the equipment, you remain responsible for its safety, condition, and repair until it's back in our possession.

6. Payment for Hire:

  • You will pay the hire charges outlined in our current rate card or as agreed in writing.
  • You'll be charged from the time you ordered the equipment until it's returned to us, or if it's lost, stolen, damaged beyond repair, until it's replaced or repaired (and we'll do this as quickly as reasonably possible).

7. Insurance:

  • Proof of insurance for a third party or equipment hire is required. Please confirm you have your own all-risks insurance for the full replacement value and provide us with the details.
  • For items valued under €2,000, we can take a security deposit.

8. Where You Can Use the Equipment:

  • Without our prior written consent, you cannot use the equipment for unusual or dangerous tasks, take it out of Ireland, or transport it by any airline other than a regularly scheduled recognised airline (unless we've agreed otherwise before the hire starts).
  • You are solely responsible for obtaining all necessary customs clearances, licenses, and permits to take the equipment out of Ireland.
  • If equipment taken out of Ireland is lost, damaged, or breaks down and we agree to replace it, our responsibility only extends to delivering the replacement to an address in Ireland.

9. Delivery Costs:

  • You will pay all delivery charges in addition to the hire charges.

10. Value Added Tax (VAT):

  • You will pay VAT at the current rate on all charges.
  • No VAT charge for non EU countries
  • No VAT charge for EU customers with an EU VAT Number

11. Cancellation Charges:

  • If you cancel an order within 24 hours of the scheduled start of the hire period, you may be charged a cancellation fee up to the total agreed hire charge.

12. Payment Terms and Late Payment:

  • All charges are net and payable on receipt of Quote or Invoice, unless we've agreed otherwise in writing.
  • If you don't pay on time, you will be charged interest at 8% per year above the clearing bank's base rate from the due date until payment is made.

13. Ownership of the Equipment:

  • The equipment remains our property at all times. You are only hiring it and have no other rights to it.
  • You cannot sell, offer for sale, assign, mortgage, pledge, sublet, lend, or otherwise deal with the equipment or your rights under this agreement.
  • You must keep the equipment in your possession for your own use and not allow anyone else claims to be made against it.

14. Deposits:

  • Any deposit paid will be returned to you without interest once the equipment is returned and all outstanding charges are paid.

15. Ending the Agreement by Us:

  • We can end this agreement immediately by written notice if:
    • You fail to pay any charges within seven days of the due date.
    • You breach any other terms of this agreement.
    • You become bankrupt, go into liquidation, have a receiver appointed, make arrangements with your creditors, or if your property is seized.
    • You abandon the equipment.

16. Our Other Rights After Termination:

  • Ending the agreement doesn't affect any other rights or remedies we have against you. This includes our right to recover unpaid charges and claim damages for any breaches of these terms.

17. Our Flexibility Doesn't Mean We Waive Our Rights:

  • If we give you extra time or make allowances, it doesn't mean we lose any of our rights under this agreement.

18. Our Limits of Liability:

  • We are not liable to you or any third party for any loss of profits, special damages, or any indirect or consequential losses whatsoever arising from the hire or use of the equipment.
  • We are also not liable for any loss or damage to people or property, however caused, resulting directly or indirectly from the hire or use of the equipment.

19. Subcontracting and Assignment:

  • We can subcontract any part of your order and transfer our rights and interests in the equipment and this agreement to someone else.

20. Governing Law and Jurisdiction:

  • This agreement and these terms are governed by Irish law, and you agree to the exclusive jurisdiction of the Irish courts.