General Conditions for the Hiring of Plant
Dan Dempsey’s Tool & Plant Hire
Version: 18 August 2026
These Conditions apply to the hire of plant, machinery, equipment, attachments and accessories by Dan Dempsey’s Tool & Plant Hire. The booking record, agreed hire price, machine details and these Conditions together form the hire contract.
1. DEFINITIONS
“Owner” means Dan Dempsey’s Tool & Plant Hire, being the person supplying the Plant under the hire contract.
“Hirer” means the person, business, company, organisation or public body taking the Plant on hire.
“Plant” means the machine, plant, equipment, attachment, accessory, key, control, charger, cable or other item supplied under the booking. Plant may be owned by the Owner or lawfully cross-hired by the Owner from a third party.
“Consumer” means an individual acting wholly or mainly outside that person’s trade, business, craft or profession.
“Business Hirer” means a Hirer acting in the course of a trade, business, craft or profession.
2. CONTRACT AND BOOKING
The contract consists of the booking details, the price agreed for that booking and these Conditions. If a specific written term agreed for a booking conflicts with these Conditions, the specific written term will prevail for that booking.
3. CONSUMER RIGHTS
Nothing in these Conditions excludes or limits any right or remedy that cannot lawfully be excluded or limited. In particular, nothing excludes or limits liability for death or personal injury caused by an act or omission of the Owner where such liability cannot lawfully be excluded, or any mandatory rights of a Consumer under Irish law. Any provision that is not enforceable against a Consumer shall apply only to the extent permitted by law.
4. HIRE PERIOD
The hire period begins when the Plant is delivered to, collected by or otherwise placed under the control of the Hirer and ends when the Plant is returned to and accepted back into the possession of the Owner, unless the booking expressly states otherwise.
5. HIRE PRICE, VAT, FUEL, HAULAGE, DEPOSIT AND OTHER CHARGES
The hire price is the amount shown or agreed in the booking, including any agreed manual price override. Unless the booking, quotation or invoice expressly states that they are included, the Owner may add VAT where legally chargeable and may also add reasonable fuel, haulage, delivery and collection charges where they apply to the hire. Where reasonably practicable, those charges will be identified in the quotation, booking or invoice. Any deposit paid will be credited against amounts properly due under the contract. Other additional charges may be made only where provided for by these Conditions or otherwise agreed, and must represent a reasonable charge or reasonable cost arising from the relevant event.
6. DELIVERY, COLLECTION AND CONDITION
The Owner may record the condition of the Plant at delivery and return, including by photographs, video, checklists, serial numbers or meter readings. The Hirer should notify the Owner promptly of any visible pre-existing damage or material defect discovered before or during initial use. Condition records may be used as evidence but do not prevent either party from showing the actual condition by other evidence.
7. CARE, CUSTODY AND SECURITY
While the Plant is under the Hirer’s control, the Hirer must take reasonable care of it and keep it secure. The Hirer must, where applicable:
(a) lock or immobilise the Plant when unattended;
(b) keep keys and controls secure and separate from unattended Plant where reasonably practicable;
(c) use any fitted security devices;
(d) not remove, obscure, disable or interfere with serial plates, identification marks, immobilisers, alarms or tracking/security equipment;
(e) take reasonable precautions against theft, vandalism, fire, flooding and unauthorised use; and
(f) promptly notify the Owner of any material security concern.
8. AUTHORISED AND COMPETENT OPERATORS
The Hirer must ensure that the Plant is operated only by persons who are competent, appropriately trained and, where legally required, qualified or certified for the Plant and work concerned. The Hirer must not permit operation by a person who is impaired by alcohol, drugs, fatigue or any other condition that makes operation unsafe.
9. SAFE USE AND MANUFACTURER LIMITS
The Plant must be used only for its intended purpose, within its rated capacity and in accordance with reasonable operating instructions, safety information and manufacturer requirements. Safety devices must not be bypassed, disabled or misused.
10. SITE CONDITIONS AND SERVICES
The Hirer is responsible for the suitability and safety of the site under the Hirer’s control, including ground conditions, access, working space and, where relevant, the identification and protection of overhead and underground services. Suitable mats, supports, barriers or other protective measures must be provided where reasonably required for safe use.
11. HEALTH AND SAFETY LAW
Each party remains responsible for its own obligations under applicable Irish health and safety law. A Business Hirer must ensure that its work activities, operators, supervision, risk assessments and use of work equipment comply with applicable legislation, including the Safety, Health and Welfare at Work Act 2005 and relevant regulations.
12. OWNER INSPECTION
On reasonable notice, or immediately where there is a genuine safety, security or asset-protection concern, the Hirer must provide reasonable access to the Plant so the Owner or its authorised representative can inspect, service, test, secure, repair or recover it, subject to applicable law and site safety requirements.
13. FUEL, OIL, ADBLUE AND CONSUMABLES
Where the Hirer supplies fuel, oil, AdBlue, hydraulic fluid or other consumables, the correct type and grade must be used. The Hirer is responsible for damage caused by contaminated, incorrect or unsuitable consumables. Where the booking requires the Plant to be returned with a specified fuel level, the reasonable cost of restoring that level may be charged.
14. CLEANING AND CONTAMINATION
The Plant must be returned reasonably clean having regard to normal use. The Hirer is responsible for reasonable additional cleaning, labour, materials and specialist cleaning costs caused by abnormal contamination, including concrete, cement, mortar, plaster, paint, asphalt, bitumen, chemicals, corrosive material or other material that has hardened, bonded to or damaged the Plant.
15. TYRES, TRACKS AND PUNCTURES
The Hirer must take reasonable care to avoid damage to tyres, tracks, rims and running gear. Punctures and damage caused by misuse, unsuitable ground, debris, overloading, spinning tracks or negligent operation may be charged to the Hirer to the extent reasonably attributable to the Hirer. Fair wear and tear remains the Owner’s responsibility.
16. KEYS, CONTROLS, ATTACHMENTS AND ACCESSORIES
All keys, controls, attachments, buckets, forks, chargers, leads, guards, pins and accessories supplied with the Plant must be returned. The reasonable replacement and associated programming or recovery cost of missing or damaged items may be charged where the loss or damage occurred while they were the Hirer’s responsibility.
17. BREAKDOWN OR DEFECT
A breakdown, defect, warning light, abnormal noise or unsafe condition must be reported to the Owner as soon as reasonably practicable. If continued use could cause injury or further damage, the Hirer must stop using the Plant until authorised to continue. The Hirer must not continue to operate Plant that the Hirer knows or reasonably ought to know is unsafe.
18. REPAIRS AND ALTERATIONS
The Hirer must not dismantle, modify, alter or repair the Plant without the Owner’s prior approval, except for reasonable emergency action necessary to prevent immediate injury or further serious damage. Unauthorised repair or modification costs and resulting damage may be charged where reasonably caused by the Hirer’s actions.
19. OWNER-RESPONSIBILITY BREAKDOWNS
The Owner is responsible for reasonable repair costs arising from inherent defect or fair wear and tear, except to the extent the defect or damage was caused or materially worsened by misuse, negligence, continued operation after warning, unauthorised repair or breach of these Conditions. Any appropriate hire-charge allowance for unusable Plant will be considered from the time the Owner is notified.
20. ACCIDENTS, DAMAGE AND INCIDENTS
The Hirer must notify the Owner promptly of any accident, collision, overturning, fire, theft, attempted theft, serious damage, third-party claim or incident involving the Plant. The Hirer must provide reasonable information and cooperation and must not make an admission on the Owner’s behalf without authority.
21. LOSS, THEFT AND NON-RETURN
The Hirer must notify the Owner immediately if Plant is lost or stolen and must promptly report suspected theft to An Garda Síochána where appropriate and provide the incident or pulse reference when available.
The Hirer must not deliberately retain, conceal, abandon, sell, dispose of or refuse to return the Plant.
If Plant is not returned when due, the Owner may make a written or electronic demand for its immediate return. If the Plant is deliberately retained after the Hirer’s right to possess it has ended, or circumstances reasonably indicate theft, fraud or unlawful disposal, the Owner may report the matter to An Garda Síochána and take lawful recovery action.
Where loss, theft or non-return occurs while the Plant is at the Hirer’s risk and results from the Hirer’s breach, negligence, failure to take reasonable security precautions or deliberate act, the Hirer may be liable for the reasonable replacement value of the Plant, reasonable recovery costs and other direct loss reasonably caused, subject to applicable law, insurance proceeds and the Owner not recovering twice for the same loss.
22. OWNERSHIP AND CROSS-HIRED PLANT
No ownership or title in the Plant passes to the Hirer. Where Plant is cross-hired, legal title may belong to a third-party owner, but the Owner has lawful possession or authority to supply it under this contract. The Hirer acquires only the temporary right to use the Plant in accordance with the contract.
23. NO SALE, PLEDGE OR DISPOSAL
The Hirer must not sell, mortgage, pledge, charge, exchange, dispose of, permanently part with possession of or represent ownership of the Plant. The Hirer must take reasonable steps to protect the Plant from seizure arising from the Hirer’s debts or dealings and must immediately notify the Owner of any threatened seizure or competing claim.
24. NO SUB-HIRE OR UNAUTHORISED LENDING
The Hirer must not sub-hire, lend or give possession of the Plant to another person or organisation without the Owner’s prior written approval. Allowing an authorised operator to use the Plant on the Hirer’s behalf is not a sub-hire where the Hirer retains control and responsibility.
25. CHANGE OF SITE
The Plant must not be moved from the agreed hire location to another site without the Owner’s prior approval, except where the booking expressly permits movement between specified sites.
26. INSURANCE
A Business Hirer must maintain insurance appropriate to its activities and the Plant, including any public liability, employer’s liability, hired-in plant or other cover reasonably required by the nature of the hire. The Owner may request reasonable evidence of relevant insurance for higher-risk or higher-value hires. Insurance does not remove the Hirer’s contractual responsibilities.
27. TRANSPORT, COLLECTION AND RECOVERY
Responsibility for transport will be as stated in the booking. Where the Hirer is responsible for collection or return, the Hirer must use suitable transport, loading and restraint arrangements. If recovery is required because of the Hirer’s breach, misuse, unauthorised movement, unsuitable site conditions or failure to return the Plant, the Hirer may be charged the reasonable direct cost of recovery to the extent permitted by law.
28. DAMAGE AND REPAIR CHARGES
The Hirer is responsible for reasonable repair, replacement, cleaning and recovery costs for loss or damage occurring while the Plant is the Hirer’s responsibility to the extent caused by the Hirer’s negligence, misuse, deliberate act or breach of these Conditions. The Hirer is not responsible for fair wear and tear or inherent defect.
Charges should reflect the reasonable cost of restoring the Plant to its pre-hire condition, allowing for fair wear and tear and avoiding betterment or double recovery.
29. RETURN OF PLANT
The Hirer must return the Plant at the agreed time and location with all supplied accessories. The Plant remains at the Hirer’s risk until physically returned to the Owner or collected by the Owner, except where loss or damage is caused by the Owner or occurs during transport controlled by the Owner.
30. TERMINATION
The Owner may terminate the hire and require return of the Plant where the Hirer materially breaches the contract, fails to make payment when due, uses the Plant dangerously or unlawfully, gives materially false information, unlawfully disposes of the Plant or creates a serious risk to the Plant, the public or the Owner’s rights. Any termination must be exercised consistently with applicable law and does not remove rights or liabilities already accrued.
31. LAWFUL RECOVERY
Following termination or expiry of the hire, the Hirer must make the Plant available for return or lawful collection. The Owner may take reasonable lawful steps to recover the Plant. Nothing in these Conditions authorises unlawful entry, trespass, breach of the peace or any act prohibited by law.
32. THIRD-PARTY CLAIMS — BUSINESS HIRERS
Where the Hirer is a Business Hirer, the Hirer will indemnify the Owner against reasonable third-party claims, losses and costs to the extent they arise from the Hirer’s negligence, breach of these Conditions, unlawful use, misuse of the Plant or acts or omissions of persons operating the Plant on the Hirer’s behalf. This indemnity does not apply to the extent the claim was caused by the Owner’s negligence, breach or other legal responsibility.
33. OWNER LIABILITY AND CONSEQUENTIAL LOSS
The Owner remains responsible for loss to the extent caused by the Owner’s negligence, breach of contract or other legal responsibility.
To the fullest extent permitted by law, the Owner is not responsible for indirect or consequential business loss, loss of profit, loss of production or loss arising solely from delay or downtime that is outside the Owner’s reasonable control.
Nothing in this clause excludes liability that cannot lawfully be excluded or limited, including applicable Consumer rights or liability for death or personal injury where exclusion is prohibited by law.
34. PAYMENT AND LATE PAYMENT
Payment is due as stated in the booking, invoice or agreed account terms. For Business Hirers, statutory late-payment interest and compensation may apply where the conditions of the European Communities (Late Payment in Commercial Transactions) Regulations 2012, as amended, are met. Consumer debts are not subject to that commercial late-payment regime.
35. AUTHORITY TO CONTRACT
A person signing for a company, partnership, organisation or other Hirer confirms that they are authorised to enter into the hire contract on that Hirer’s behalf. A person who knowingly misrepresents such authority may be responsible to the extent provided by law.
36. ELECTRONIC ACCEPTANCE AND SIGNATURE
The parties agree that the contract may be accepted and evidenced electronically. A checkbox acceptance, electronic signature, typed signer name, date/time record, booking identifier and related electronic audit information may be used as evidence of acceptance, subject to applicable law.
37. NOTICES AND COMMUNICATIONS
Operational notices concerning the hire may be given by email, SMS, WhatsApp or other contact details supplied by the Hirer. A notice concerning termination, demand for return, theft, loss or a material breach should be given in a form that can reasonably be retained or reproduced.
38. FORCE MAJEURE AND EVENTS OUTSIDE CONTROL
Neither party is responsible for delay or failure caused by events genuinely outside its reasonable control to the extent performance is prevented by that event, but this does not excuse payment already due, the duty to safeguard Plant, or the duty to return Plant when reasonably possible.
39. GOVERNING LAW AND DISPUTES
The contract is governed by the laws of Ireland. The parties should first attempt to resolve disputes directly and reasonably.
For Business Hirers, the courts of Ireland will have jurisdiction unless the parties agree in writing, after a dispute has arisen, to mediation or arbitration under the Arbitration Act 2010.
A Consumer retains any mandatory right to bring proceedings in a court or forum available under applicable consumer law.
40. SEVERABILITY
If any provision is held invalid or unenforceable, it will be treated as modified to the minimum extent necessary or, if that is not possible, removed, without affecting the remaining provisions.
41. NO WAIVER
A delay or failure by either party to enforce a right on one occasion does not waive that right or prevent it being enforced later.