Terms & Conditions

A Hire Purchase Agreement is for the hire of the Goods referred to in the Schedule of the Agreement, with title in the Goods passing at the end of the Agreement. If and when all instalments and other monies payable by the Hirer (Client) to the Owner (Ormond Finance DAC) under the Agreement have been paid and upon payment of the completion fee the Owner shall pass to the Hirer title to the Goods. Until that time the Goods shall remain the property of the Owner notwithstanding that the Hirer is in possession of them.

HIRER COVENANTS

The Hirer shall:

(i) pay the instalments specified in the Schedule punctually on the dates shown without previous demand by the Owner.

(ii) tell the Owner within 10 days of receipt of a request in writing from the Owner, of the whereabouts of the Goods and permit the Owner to inspect the Goods. In default the Hirer can become liable to pay damages to the Owner for such failure. This liability is in addition to the Hirer’s other liabilities under the Agreement and the costs of early termination by the Hirer and/or the Owner. Charges will apply if the Hirer pays off the Agreement Early.

(iii) not remove the Goods from the State without the consent in writing of the Owner.

(iv) service and maintain the Goods in accordance with the manufacturer’s instructions so as to preserve the manufacturer’s warranty.

(v) pay interest on any instalment due under this Agreement and not paid on its due date at a rate of 2% per month simple interest from the due date of payment until actual payment. If the Hirer does not remedy the breach of Agreement detailed in the notice or pay the sum as stated to be compensation for the breach within 21 days of the date of service of the notice on the Hirer the Owner shall then enforce its rights against the Hirer.

(vi) return the Goods to the Owner on termination of the Agreement where the Hirer has no other legal right to retain them.

(vii) take reasonable care of the Goods. In default the Hirer can become liable to pay damages to the Owner for such failure. This liability is in addition to the Hirer’s other liabilities under this Agreement.

If the Goods are a motor vehicle the Owner or any person acting on behalf of the Owner may enter any property other than the Hirer’s dwelling house or any building attached thereto to take possession of the motor vehicle and will not be liable in respect of such entry.

(i) the Hirer shall pay all taxes and duties in respect of the vehicle and ensure that it will be driven only by persons holding (and in each case, in accordance with, the terms of) a valid driving licence and covered by the Hirer’s insurance policy.

(ii) The Hirer shall not use the vehicle as a taxi or mini cab or for any similar trade or profession without the prior written consent of the Owner.

The Hirer is liable to the Owner in the amount which would be payable upon termination under Clause 9 hereof in the event of the Goods being lost, stolen or damaged beyond repair. The Hirer shall accordingly (but is not do liable to the Owner) keep the Goods comprehensively insured to full placement value against all appropriate risks and should notify the relevant insurance company of the Owners interest in the Goods.

The Hirer shall keep the Goods in the Hirer’s possession and control until title and property passes under Clause 2 hereof and shall not sell or attempt to sell or dispose of the Goods or part with the possession of them except for the purpose of repair.

DEFAULT

If the Hirer:

(a) fails to pay any instalment or other sum payable under this Agreement on the due date or

(b) fails to perform or observe any of the terms and conditions of this Agreement, or

(c) provides any information that is incorrect, incomplete, inaccurate or untrue, then
in such an event, the Owner shall serve a notice of default on the Hirer in accordance with Section 54 of the Act and thereafter and for all purposes terminate the Agreement provided that before termination the Owner shall serve a notice on the Hirer telling the Hirer of the action the Owner proposes to take. If the Hirer does not remedy the breach of Agreement detailed in that notice or pay the sum as stated to be compensation for the breach within 21 days of the date of service of the notice on the Hirer the Owner shall enforce its rights against the Hirer

ADDITIONAL CHARGES

The Hirer may be responsible for charges and costs arising from the Hirer’s failure to comply with the terms of the Agreement as follows:

Schedule of Charges
Unpaid Direct Debit	€10
Default Letter	€15
Arrears Letter	€15
Call out to locate goods	Up to €150 per call out
Documentation Request	€20

Such charges to be debited to the account balance of the Agreement and in relation to payment time shall be of the essence.

TERMINATION

On termination, the Agreement shall end. The Hirer will no longer be in possession of the Goods with the Owner’s consent and will be liable to return the Goods to the Owner at the Hirer’s expense and to pay to the Owner:

(i) all instalments due to the date of termination.

(ii) all interest due on such instalments.

(iii) all instalments payable from the termination date to the last instalment payable under the agreement but for the termination. If the Hirer:

(a) fails to pay any instalment or

(b) fails to perform or observe any of the terms and conditions of the Agreement or

Then in such an event the Owner shall serve a notice of default on the Hirer in accordance with Section 54 of the Act and thereafter and for all purposes terminate the agreement provided that before termination the Owner shall serve notice on the Hirer telling the Hirer all charges and costs arising for any failure to comply with the terms of the Agreement.

After making allowance for the proceeds of the sale of the Goods if recovered by the Owner and sold within one month of termination or if not sold the value of the Goods recovered such value to be determined by a Valuer or Dealer agreed between the Owner and Hirer.

the aggregate of (i), (ii) and (iii) of the said sums less a reduction in accordance with Section 52 or 53 or the Act. Whichever shall be the lesser. Together with damages for which the Hirer is liable by reason of any breach of the Agreement.

If the Hirer is more than one person each person’s liability will be joint and several. This Agreement shall be construed in accordance with the laws of Ireland. It is hereby agreed that this Agreement may be assigned by the Owner at any time and any requirement as to notice of any such assignment is hereby waived by the Hirer.

Money Laundering. Under the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 – 2021 each Hirer must supply to the Owner satisfactory evidence of their identity. This should take the form of an official document bearing a photograph such as a passport or driver’s license, and a copy of a utility bill in the Hirer’s name dated within the last three months a copy of which will be retained by the Owner. From time to time, The Owner may request additional information up to date.

Personal Data: The Hirer acknowledges that he/she will provide certain personal data to the Owner and the Owner will, as a data controller, use this data and collect and process certain additional personal data of those employees, directors and beneficial owners, including contact details, identification information, records of good standing and other information as may be relevant (e.g. information from publicly available resources) in order to:

(i) manage and perform this Agreement;

(ii)conduct anti-money laundering and other regulatory checks; and

(iii) conduct credit checks with credit agencies (collectively the “Purposes”). In the course of conducting anti-money laundering checks, the Owner may collect sensitive personal data relating to the politically exposed status of your directors or beneficial owners in order to meet applicable anti-money laundering requirements. The Owner will not share the information with any other third parties only if required for the Purposes or where the Owner is legally required to do so, The Hirer confirms its consent to use of their personal data (including sensitive personal data) by the Owner for the Purposes, where required by applicable law. If consent is withdrawn or the Hirer requires the Owner to rectify or update any personal data, the Hirer shall notify the Owner immediately.