Purchase & Rental Terms & Conditions

Rental Agreement Ireland & International
Purchase Agreement Ireland & International

Rental Agreement Ireland & International

GENERAL TERMS AND CONDITIONS

1 The Hirer agrees with the Owner as follows:-

1.1 To pay the Rent and all charges arising under this Agreement to the Owner without any set-off, counterclaim, withholding or deduction whatsoever at the times and in the manner provided for by this Agreement. The Rent and all other charges under this Agreement are exclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Hirer at the rate and in the manner prescribed from time to time by law.

1.2 That any consumable items and other incidentals necessary for the operation of the Equipment when supplied by the Owner shall be charged at the Owner's current charge out rates for such items and when supplied by the Hirer shall be of a grade or type specified by the Owner or by the manufacturers of the Equipment.

1.3 That the Hirer shall keep the interior of the Equipment in a clean and hygienic manner which shall include defrosting same as necessary and on the termination of this Agreement shall return the Equipment to the Owner properly cleaned and in a sanitized condition (at the cost of the Hirer). If the Hirer fails to comply with the obligations set out in this clause, the Hirer shall pay to the Owner on demand a cleaning charge of between €100.00 and €1,000 depending on the condition of the Equipment on its return. An inspection of the Equipment will be carried out by the Owner upon return to establish whether the state and condition of the Equipment satisfies the Hirer's obligations pursuant to this clause 1.3.

2 The Owner agrees with the Hirer as follows:-

2.1 To be responsible for repairs required to the Equipment due to fair wear and tear (subject to being notified by the Hirer in a timely manner of the requirement for such repairs).

2.2 To be responsible for service call outs in respect of the Equipment (subject to being notified by the Hirer in a timely manner of the requirement for such services) other than those necessitated or caused by the negligence, actions or omissions of the Hirer. Routine maintenance of the Equipment shall be carried out by the Owner from time to time and as agreed between the parties and in accordance with the provisions of Schedule 2 to this Agreement. The cost of routine maintenance is in respect of maintenance carried out at the Site. In respect of any service call received by the Owner from the Hirer outside of usual business hours (being the hours of 08:30 to 17:00 hours Monday to Friday, excluding public holidays), the Owner may, in its sole discretion, determine that such service call does not require immediate or urgent attention, in which case a maintenance technician will attend within usual business hours as soon as reasonably practicable following receipt of the service call. Payment of Rent and any other amounts due from the Hirer to the Owner pursuant to this Agreement needs to be up to date before the Owner is obliged to respond to any service call.

3 Payment Terms and Overdue Hire Charges

The Hirer will, where applicable, pay to the Owner the Deposit prior to delivery of the Equipment.

Rent shall be payable by the Hirer to the Owner periodically in advance (the frequency and basis of calculation of such periodic payments to be notified by the Owner to the Hirer in advance of the Commencement Date) by direct transfer to the bank account of the Owner as shall be notified to the Hirer. All other amounts due by the Hirer to the Owner under this Agreement shall be paid by the Hirer within 14 days of same being invoiced by the Owner. In the event of the Rent or any other payments due by the Hirer under this Agreement being in arrears, interest at the rate of 2.5% per month will be applied to such arrears and the Owner shall be entitled to terminate the Agreement with immediate effect without further notice. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount plus accrued interest, whether before or after judgment. It at any time there is an amount overdue from the Hirer to the Owner, the Owner will not be obliged to provide any further services to the Hirer until such overdue amounts are paid.

4 Review of the Rent

4.1 The Rent shall be reviewed on each Rent Review Date to equal the Rent payable immediately before that Rent Review Date (or which would then be payable but for any abatement or suspension of the Rent or restriction on the right to collect it) or, if greater, the indexed rent determined pursuant to this clause.

4.2 The indexed rent for a Rent Review Date shall be determined by multiplying the Rent by (i) in the case of the first Rent Review Date, a percentage equal to the percentage change in the CPI between the Commencement Date and the previous Rent Review Date or (ii) in the case of all subsequent Rent Review Dates, a percentage equal to the percentage change in the CPI between the current Rent Review Date and the previous Rent Review Date.

4.3 The Owner shall calculate the indexed rent as soon as reasonably practicable and shall give the Hirer written notice of the indexed rent as soon as it has been calculated.

4.4 Time shall not be of the essence for the purposes of this clause.

5 Term

5.1 This Agreement will remain valid for the Term unless otherwise terminated in accordance with the further provisions of this Agreement. If the Term is exceeded, the terms and conditions of this Agreement shall continue in force and shall continue to govern the hire of the Equipment until such time as either: (i) a new agreement is entered into by the parties in respect of the Equipment; or (ii) this Agreement is terminated by either party in accordance with the further provisions of this Agreement.

5.2 The Owner may terminate this Agreement at any time on provision of at least one months' written notice to the Hirer. The Hirer may terminate this Agreement at the end of the Term or on any date thereafter on provision of at least three months' written notice to the Owner. Where agreed between, the parties the Owner may agree to collect the Equipment before the relevant notice period expires provided that the Owner receives payment in lieu of notice.

6 Insurance

6.1 The risk of loss, theft, damage (other than fair wear and tear) or destruction of the Equipment or any part of it shall pass to the Hirer on delivery of the Equipment to the Delivery and Collection Point. The risk of loss, theft, damage (other than fair wear and tear) or destruction of the Equipment or any part of it shall remain at the sole risk of the Hirer until such time as the Equipment is returned to the Owner.

6.2 Until such time as the Equipment is returned to the Owner, the Hirer shall be responsible for taking out and maintaining a policy of insurance, in the joint names of the Owner and the Hirer,:-

6.2.1 insuring the Equipment comprehensively to a value not less than its full replacement value (as set out in the Special Terms and Conditions, including all taxes duties and other payments which may be incidental to any replacement) against all usual risks of loss, damage or destruction by fire, theft or accident;

6.2.2 insuring for such amounts as a prudent operator of the Equipment would insure in respect of any third party or public liability risks of whatever nature and howsoever arising in connection with the Equipment;

6.2.3 insuring against such other or further risks relating to the Equipment as may be required by law together with such other insurance as the Owner may from time to time consider reasonable; and

6.2.4 which includes public liability insurance cover in an amount of not less than €6,500,000 or such other figure as may be agreed in writing between the Parties from time to time.

6.3 In addition, the Hirer shall be responsible for insuring all goods and other property stored in the Equipment and, for the avoidance of doubt, as hereinafter provided, the Owner shall have no liability whatsoever for any goods or other property stored in the Equipment or any losses arising in respect of storage of such goods or other property in the Equipment.

6.4 The Hirer shall ensure that the Owner's interest is noted on any insurance policy taken out in compliance with its obligations under this clause 6 and that the level of such policy or policies of insurance shall be sufficient to provide full indemnification to the Owner in respect of these risk outlined in this clause. The Hirer shall further ensure that the policy covers the Equipment during transit, except for delivery by and return to the Owner to and from the Delivery and Collection Point.

6.5 The Hirer shall pay punctually all premiums due for such insurance. The Hirer shall on demand produce to the Owner the policy details and premium receipts evidencing that the obligations of the Hirer under clause 6 of this Agreement have been and continue to be satisfied.

6.6 The Hirer shall not do or permit to be done anything which could invalidate the insurances referred to in this clause 6.

6.7 In the event of the Hirer failing to insure, or keep insured, the Equipment the Owner shall (without prejudice to its rights in respect of such breach) be entitled (but under no obligation) to insure the Equipment and, where the Owner elects to do so, the Hirer shall reimburse on demand any expenses thereby incurred by the Owner.

6.8 The policies of insurance under which the Equipment are covered for the risks specified above shall contain an endorsement noting the Owner's interest in the Equipment. The Hirer shall on demand procure for the Owner a letter from the relevant insurance company addressed to the Owner providing that the policy may not be cancelled or materially modified without 14 days prior written notice to the Owner.

6.9 The Hirer shall promptly notify the Owner of any occurrence which shall or may give rise to a claim under any policy of insurance which is in any way related to the Equipment and shall not agree to the settlement of any such claims without the prior written agreement of the Owner and shall, if the Owner requires the Hirer to do so, assign to the Owner all rights, claims and benefits under such a policy and pay to the Owner on demand all duties payable on such assignment.

7 Delivery

7.1 Unless otherwise provided by this Agreement, it shall be the Owner's responsibility to effect delivery of the Equipment to and from the Delivery and Collection Point. Any permitted transportation, movement, loading and unloading of the Equipment between places of use in the United Kingdom and elsewhere shall be the Hirer's sole responsibility. The Hirer shall also ensure that the Equipment is covered under the insurance policy referred to at clause 6 for such transportation and movement.

7.2 In advance of delivery of the Equipment, the Hirer shall obtain, and shall confirm to the Owner that they have obtained, all permissions and approvals needed for the delivery and use of the Equipment at the Site including (without limitation) landlord's consent, planning permissions and building regulation approvals. The Owner shall not be liable for any delay in delivery which is caused by a failure of the Hirer to comply with its obligations pursuant to this clause.

7.3 The Hirer shall inspect the Equipment before taking delivery of it and shall sign a delivery note on which any defects in the Equipment shall be noted. The delivery note so completed shall be conclusive evidence of the state of the Equipment when it was delivered to the Hirer save in respect of any fault not ascertainable by reasonable examination. Where no delivery note has been signed, unless notification in writing to the contrary is received by the Owner from the Hirer within 7 days of delivery, the Equipment shall be deemed to be in good order save in respect of any fault not ascertainable by reasonable examination.

7.4 Acceptance of delivery of the Equipment shall constitute the Hirer's acceptance of the terms and conditions of this Agreement.

8 Liability of the Owner

8.1 This clause sets out the entire financial liability of the Owner (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Hirer under this Agreement including but not limited to:-

(a) any breach of this Agreement;

(b) any use made by the Hirer of the Equipment; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.

8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement, including but not limited to any such terms implied by the Sale of Goods Act 1979.

8.3 NOTE: The Owner's maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, for breach of this Agreement or arising in connection with the performance or contemplated performance of this Agreement shall in no event exceed the aggregate Rent paid by the Hirer to the Owner in the 12 month period immediately preceding the date of the liability in question.

8.4 The Owner recommends that a temperature monitoring and alert system be installed in, and used in connection with the operation of, all refrigeration units. Any temperature monitoring and/or alert systems supplied by the Owner in connection with the Equipment provide back-up monitoring or alert systems only. Notwithstanding the inclusion of such a temperature monitoring system, the Owner shall not be liable in respect of any failure of such temperature monitoring and/or alert system and the Hirer shall be fully responsible for ensuring that appropriate steps are taken to monitor the Equipment and the alert systems to ensure that they are operating correctly and to detect any malfunction. For the avoidance of doubt, the Hirer shall be responsible for ensuring that the appropriate supplies, services and/or connections (including the relevant telecommunications and electricity connections and services) are in place and maintained to allow these systems to function correctly. The Owner recommends that a locking bar or any other locking system is not installed on the door. The Owner shall not be liable for the use or any consequences of the use in connection with the Equipment of any locking bar or locking system supplied by the Owner or fitted to the Equipment by the Hirer or the Owner and the Hirer shall indemnify and hold Owner harmless, in respect of any claims arising which relate in whole or in part to such locking bar or locking system.

8.5 Subject to clause 8.7, the Owner shall have no liability in respect of, and the Hirer shall fully and effectively indemnify the Owner against, all claims by any person whatsoever for death or injury to any person or property caused by or in connection with or arising out of the state, condition, use or abuse of the Equipment and whether due to the Hirer's negligence or otherwise. For the avoidance of doubt, the Owner shall not be liable in respect of any of the following:

(a) loss, damage or destruction of any stock, product or goods stored in the Equipment;

(b) loss or damage arising out of any mechanical, technical or other problems with, or interruption to the power supply to, the Equipment (or any part thereof including for the avoidance of doubt any temperature monitoring systems) and in respect of all costs and charges incurred in connection with any such loss or damage (whether arising under statute or common law);

(c) any loss or damage arising in respect of any direct or indirect loss, loss of business, profits, wages, fees or expenses due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it for whatever reason; and

(d) any loss damage expenses or costs incurred in the relocation of the Equipment.

8.6 A pro-rata allowance on the Rent will be made to the Hirer for the term of any stoppage due to breakdown of the Equipment caused by inherent fault or a fault caused by fair wear and tear asserted by the Hirer and accepted by the Owner (acting reasonably) but no such allowance shall be made in respect of routine repairs and maintenance in accordance with the terms of this Agreement and no such allowance will extend to breakdowns due to the Hirer's fault or negligence. In particular, the Hirer shall not be entitled to any other allowance or compensation in respect of any matter howsoever arising as a consequence of any such stoppage.

8.7 Nothing in this Agreement shall exclude or in any way limit:

(a) either party's liability for death or personal injury caused by its negligence;

(b) either party's liability for fraud or fraudulent misrepresentation; or

8.8 The Owner shall not be liable to the Hirer for loss of profit, loss of revenue, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.

9 Repairs & Alterations

9.1 All repairs to the Equipment must be carried out by the Owner or under its direction. The Hirer shall not attempt to carry out any repairs to the Equipment. The Hirer shall inform the Owner as soon as reasonably practical of any repairs required to the Equipment and of all other material matters relating to the Equipment. If the Owner decides that repairs to the Equipment are necessary it may arrange for such repairs to be carried out at the Site or at any location of its nomination where deemed necessary.

9.2 The cost of any repairs to the Equipment found by the Owner to be necessary (other than repairs necessary through inherent fault or ordinary use and reasonable wear and tear) shall be paid by the Hirer to the Owner upon demand. In particular the Hirer shall be responsible for all expense involved and arising from any breakdown of the Equipment (or any part thereof) and all loss or damage incurred by the Owner due to the Hirer's negligence, misdirection or misuse of the Equipment and the Rent shall continue to be paid by the Hirer during stoppages due to such causes.

9.3 The Hirer shall make no change, alteration or modification to the Equipment without the prior written consent of the Owner.

10 Hirer to inspect Equipment

The Hirer shall take all reasonable steps to keep itself acquainted with the state and condition of the Equipment and shall maintain all operating and maintenance records as the Owner may reasonably require and shall notify the Owner as soon as reasonably practicable if repairs are required. Without prejudice to the generality of any other provision of this Agreement, if the Equipment is operated or used while in an unsafe or unsatisfactory condition the Hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising therefrom, including damage and loss occurring to the Equipment and any third party. Any current inspection report in respect of the Equipment which is required under relevant legislation, or a copy of it, shall be supplied by the Owner if requested by the Hirer and returned on the termination of this Agreement.

11 Proper use of Equipment

11.1 For the duration of this Agreement, the Hirer shall ensure that the Equipment is kept and operated in a suitable environment.

11.2 The Hirer shall use the Equipment in a careful and skilful manner. The Hirer undertakes to comply with all instructions that may be provided by the Owner as to the storage, use, operation or maintenance of the Equipment and with all manufacturer's operating instructions (where applicable). Where any part of the Equipment is electrical, the Hirer shall ensure that it is used with the plugs and/or sockets as fitted on delivery - if temporarily fitted with other suitable plugs and/or sockets, this shall be carried out by a competent person and on termination of this Agreement the Equipment shall be returned (at the Hirer's expense) to its original condition. The Hirer shall be responsible for arranging and maintaining a suitable supply of electricity for use with the Equipment and for connecting the Equipment to such electricity supply. Under no circumstances should the Equipment be used without being correctly earthed.

11.3 The Hirer will be responsible for compliance with relevant legislation, of the jurisdiction of the Site or other permitted place of use of the Equipment, which is applicable to the Equipment or its operation and any regulations made thereunder, including but not limited to the Health and Safety at Work etc. Act 1974 (as amended) as well as, where applicable, the Road Traffic Act 1988 (as amended).

11.4 It is the responsibility of the Hirer to ensure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions that may be supplied by the Owner and/or the manufacturer's operating instructions (where applicable). It is the responsibility of the Hirer to have read, Understood and communicated the QF56 General Safety Procedures for Refrigerated Units, as outlined in Schedule 1 to this Agreement, and ensure these are communicated to all on Site. Where applicable, the Hirer will request training in writing on how to operate the Equipment.

11.5 The Hirer acknowledges that the Owner shall not be responsible for any loss of, or damage to, the Equipment arising out of or in connection with any negligence, misuse, or mishandling of the Equipment by the Hirer or otherwise caused by the Hirer or its officers, agents, employees or contractors and the Hirer undertakes to indemnify the Owner on demand against the same and against all losses, liabilities, claims, damages, costs and expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with the terms of this Agreement.

11.6 The Hirer shall not attach the Equipment to any land or buildings so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed and the Hirer must make good and repair any damage caused by such affixation or removal of the Equipment from any land or building and shall indemnify the Owner against losses, costs or expenses incurred as a result of such affixation or removal.

12 Inspection by Owner

The Hirer shall allow the Owner access at all times to the place where the Equipment is situated for the purposes of inspection.

13 Notice of Accidents

If the Equipment is involved in any accident resulting in injury to persons or damage to property, the Hirer must give immediate notice to the Owner by telephone and confirm such notice in writing to the Owner at the address given in the Special Terms and Conditions.

14 Ownership

The Equipment shall at all times remain the property of the Owner and the Hirer shall have no right, title or interest in or to the Equipment other than the right to possession and use of the Equipment subject to the terms and conditions of this Agreement.

15 Intellectual Property

All Intellectual Property Rights in, or arising out of or in connection with the Equipment, and any materials, works, drawings, plans, data, specifications, marketing materials, websites, mobile commerce sites in relation thereto shall be owned by the Owner.

16 Confidentiality

The Hirer shall keep in strict confidence and not disclose to any third parties all technical or commercial know-how, pricing information, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to it by the Owner, its employees, agents or subcontractors, together with any other confidential information concerning the Owner's business, its products and services which the Hirer may obtain.

17 Place of Use & Hirer not to part with possession

17.1 The place of use of the Equipment shall be that specified in writing and agreed between the parties from time to time. The place of use as at the commencement of this Agreement shall be the Site. The Equipment shall not be moved from the Site or any other agreed place of use without the prior written consent of the Owner.

17.2 The Hirer shall not sell, assign, sub-let, pledge, mortgage, charge, encumber or part with possession of (or otherwise suffer the Equipment to be confiscated, seized or taken out of its possession or control by any third party) or otherwise deal with the Equipment or any interest in it or create or allow to be created any lien on the Equipment whether for repairs or otherwise. In the event of any breach of this clause by the Hirer, the Hirer shall immediately notify the Owner and this Agreement shall terminate with immediate effect and the Owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the Equipment from any charge, encumbrance or lien and shall be entitled to recover this sum from the Hirer forthwith and in any event the Hirer shall indemnify the Owner in full and on demand against all losses, costs, charges, damages and expenses incurred by the Owner in recovering or repossessing the Equipment.

17.3 The Hirer acknowledges the Owner's title to the Equipment and if at any time during the continuance of this Agreement the Hirer has lost or relinquished possession of the Equipment the Hirer shall use its best endeavours to assist the Owner to resume possession of the Equipment and hereby authorises the Owner to enter upon the Hirer's premises and shall take all steps to ensure that the Owner may enter such other premises to recover the Equipment, including by procuring from any person having an interest in such premises a right for the Owner to enter onto such premises to recover and remove the Equipment for these purposes.

17.4 If the Hirer fails after reasonable notice from the Owner to permit the Owner to inspect the Equipment or if the Hirer fails to effect return of the Equipment to the Owner when required to do so by the terms of this Agreement, the Owner may serve notice that the Equipment is lost and at the same time demand payment of the total of the sums due under this Agreement. In the event of loss, theft or destruction of the Equipment or any damage thereto which the Owner in its sole discretion shall determine is not repairable, the Hirer shall be liable to the Owner for the full replacement value of the Equipment as specified in the Special Terms and Conditions which form part of this Agreement.

18 Plating

The Hirer shall ensure that at all times the Equipment remains identifiable as the Owner's property. The Hirer shall allow the Owner to affix to the Equipment a plate or identification mark indicating that the Equipment is the property of the Owner and the subject of this Agreement and such other information as the Owner may require. In such event the Hirer shall ensure that such plate or identification mark does not become removed, detached, defaced or obliterated.

19 Termination for Breach

Without affecting any other right or remedy available to it, the Owner may terminate this Agreement with immediate effect by giving notice to the Hirer in the following events:-

19.1 any failure on the part of the Hirer to make punctual payment of all sums due to the Owner under the terms of this Agreement;

19.2 any failure on the part of the Hirer to observe any other of its obligations under this Agreement which breach is irremediable or, if such breach is remediable, where the Hirer fails to remedy that breach within 5 days of being notified to do so;

19.3 the levying of any distress or execution against the Hirer or the whole or any part of the Hirer's assets or the making by it of any composition or arrangement with creditors or, being a company, the Hirer's insolvency or liquidation (other than a member's voluntary liquidation) or being an individual, the Hirer's bankruptcy;

19.4 the Hirer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;

19.5 an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or an administrator is appointed, over the Hirer (being a company);

19.6 the holder of a qualifying floating charge over the assets of the Hirer (being a company) has become entitled to appoint or has appointed an administrative receiver;

19.7 a person becomes entitled to appoint a receiver over all or any of the assets of the Hirer or a receiver is appointed over all or any of the assets of the Hirer;

19.8 any event occurs, or proceeding is taken, with respect to the Hirer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 19.3 to clause 19.7 inclusive);

19.9 the Hirer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this Agreement is in jeopardy;

19.10 parting with possession of the Equipment prior to return of same to the Owner or the doing or permitting of any act whereby the Owner's rights in the Equipment may be prejudiced or put in jeopardy; or

19.11 where the Hirer suspends or ceases or threatens to suspend or cease carrying on all or a substantial part of its business.

20 Termination Consequences

20.1 In the event of this Agreement being terminated howsoever caused, the Owner's consent to the Hirer's possession of the Equipment shall be deemed to have been revoked and the Hirer shall allow the Owner to effect repossession and return of the Equipment without obstruction in accordance with the terms of this Agreement. If the Hirer fails to do so the Owner shall be entitled, without notice and at the Hirer's expense, to retake possession of the Equipment and the Owner shall be entitled for the purpose of retaking possession to enter upon the Hirer's premises or any other premises at which the Equipment is located (and the Hirer shall take all steps to ensure that the Owner may enter such premises to recover the Equipment, including by procuring from any person having an interest in such premises a right for the Owner to enter onto such premises to recover and remove the Equipment for these purposes) and, in addition, without prejudice to any other rights and remedies of the Owner, the Hirer shall forthwith pay to the Owner:

20.1.1 all arrears of Rent and any other sums due under the terms of this Agreement together with any interest accrued thereon;

20.1.2 all further Rent or other charges which would, but for the determination of the Owner's consent to the Hirer's possession of the Equipment, have fallen due during the Term; and

20.1.3 damages for any breach of this Agreement and all expenses and costs incurred by the Owner in resuming possession of the Equipment or enforcing the Owner's rights under this Agreement.

20.2 On or after the date of termination of this Agreement, the Hirer may apply in writing for return of any Deposit or that part thereof not retained by the Owner. The Owner shall be entitled to retain all or part of the Deposit in respect of any liability of the Hirer to the Owner under this Agreement or any other contract between the Owner and the Hirer.

20.3 In the event of this Agreement being terminated howsoever caused:-

20.3.1 the Owner shall be entitled to exercise any one or more of the rights and remedies provided for in this Agreement or arising in consequence of the Hirer's conduct and the determination of the Owner's consent to the Hirer's possession of the Equipment shall not affect or prejudice such rights and remedies; and

20.3.2 the Hirer shall be and remain liable to perform all outstanding liabilities under this Agreement notwithstanding that the Owner may have taken possession of the Equipment or exercised one or more of the rights and remedies of the Owner.

20.4 Without prejudice to the Owner's other rights and remedies under this Agreement, this Agreement shall automatically terminate if due to the Hirer's actions or default the Equipment is, in the Owner's reasonable opinion, damaged beyond repair, lost, stolen, seized or confiscated.

20.5 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

21 Owner's right to assign

This Agreement and all rights and obligations under it may be assigned or transferred by the Owner to any party.

22 Arbitration

22.1 Any dispute or claim arising out of or in connection with this Agreement, including any question regarding its breach, existence, validity or termination, shall be referred to and finally determined by arbitration.

22.2 The arbitrator shall be agreed upon by the Parties or, in default of agreement between them within five (5) business days of one Party nominating an arbitrator in writing to the other Party, by an arbitrator appointed on the written application of any Party by the London Court of International Arbitration (LCIA) (the "Arbitrator").

22.3 The Arbitrator shall be required to proceed promptly and diligently and to render his decision as soon as practicable. The decision of the Arbitrator shall be presented in separate findings as to fact and law. The award of the Arbitrator shall be final and binding on the Parties from which no appeal may be taken, and an order confirming the Arbitrator's award or judgement upon such award may be entered in any court having jurisdiction. The award of the Arbitrator may include pre-award interest and equitable relief to the extent that the Arbitrator deems appropriate. The award shall include interest from the date of the award until paid in full at a rate to be fixed by the Arbitrator.

22.4 In any award made by him, the Arbitrator may assess his own fees and expenses and those of the arbitration and the witness and legal fees of the Parties, or any part thereof, against one or more of the Parties, taking into account the circumstances of the case.

22.5 The Arbitrator shall act in accordance with the Arbitration Act 1996 and any modification or re-enactment for the time being in force.

22.6 Notwithstanding the initiation of arbitration proceedings, each Party shall continue to perform all duties and obligations under this Agreement, on a without prejudice basis

23 General

23.1 Any delay or failure of the Owner to exercise any of its rights or remedies under this Agreement shall not constitute a waiver of any of the Owner's rights or remedies which may be enforced separately or concurrently with any other right or remedy in the future accruing to the Owner to the effect that such rights are cumulative and are not exclusive of each other.

23.2 The Hirer acknowledges that this Agreement (comprising the Special Terms and Conditions and the General Terms and Conditions) contains the whole agreement between the Parties (including but not limited to the full extent of the Owner's obligations and liabilities in respect of the Equipment) and that it has not relied upon any oral or written representation made to it by the Owner or its employees or agents. This Agreement supersedes and extinguishes any prior agreement between the Parties in respect of the Equipment, whether written or oral. No variation of this Agreement shall be effective unless it is in writing and signed by the Parties / or their authorised representatives).

23.3 Headings contained in this Agreement are for reference purposes only and should not be incorporated into the Agreement and shall not be deemed to be any indication of the meaning of the clauses and sub-clauses to which they relate.

23.4 Any notice to be served on either Party by the other shall be sent by prepaid recorded delivery or by hand delivery to the address of the respective recipient party as noted at the beginning of this Agreement.

23.5 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

23.6 At its own expense, each party shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Agreement.

23.7 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original but all the counterparts shall together constitute one Agreement.

23.8 With the exception of the Hirer's obligations to make any payments due to the Owner, neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform any of its other obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for two weeks, the party not affected may terminate this agreement by giving 14 days' written notice to the affected party.

24 Governing law

This Agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

Schedule 1

QF56 General Safety Procedures for Refrigerated Units

Refrigerated Units

The refrigerated units are used for storage of perishable goods. These facilities pose special risks to workers. All workers should be aware of the possibility of hypothermia, the enclosed space causing reduced oxygen levels as well as poorly or non-functioning opening mechanisms. Cooperation and respect for this facility is a necessity

When you are in a refrigerated unit, you are often "alone" in that space, even during regular work hours. You should be aware of this and take the necessary precautions to reduce your risk. Basic precautions for working in the unit are:

Recommendations for working in Refrigerated Units

Try always to work with a buddy. There is safety in numbers and an immediate support system in the event of an emergency.
Be aware! Cold temperatures affect you both mentally and physically.
Tell someone, your supervisor or another co-worker that you are going to work in the refrigerated unit and when you will return. If you are going to be in a unit for an extended period, timed checks are advised. Do not forget to report back to that contact person at the agreed upon time(s)!
You should be aware that mobile phones might not work well in the refrigerated unit. Before relying on this as a communications device, check to see if it will work in that space. Remember that frozen batteries might disable the phone.
Have a contact person and a check-in schedule. Ensure that your contact can access the unit if the need arises. Check-in at least once an hour. Cold temperature reduces you mental alertness and physical coordination, so do not work in units for extended periods without a physical and mental rest period. Access is restricted to regular business hours of operation.
Any work that requires moving, shelving/retrieval of heavy boxes or ice core must not be done alone.
An appropriate stool or ladder should be used for shelving/removal of ice core or material from the upper storage shelves.
Coats/mittens/head wear or other fabric items of work gear must be hung on the hangers provided outside of the walk-in freezer. Fabric items should not be left on the floor, tables, chairs, storage boxes or blocking the cooling unit machinery.
DO NOT change the temperature of the unit unless with permission from your supervisor. Many of the freezers are alarmed, so changing the temperature could cause false alarms.
Do not block or cover the cooling fan units inside the unit.

SCHEDULE 2

SERVICE LEVELS

1 Service - scope

1.1 The Owner agrees to use reasonable endeavours to carry out Preventative Maintenance so as to maintain the Equipment. The Hirer shall co-operate with the Owner to facilitate this maintenance. ("PM-Checkover").

2 Hours of Work

The routine maintenance shall be carried out within the hours of 08:30 to 17:00 hours Monday to Thursday and 8:30 to 15:00 hours on Friday, excluding public holidays.

3 Call out Service

3.1 The Owner shall provide a 24-hour call-out service, including public holidays to attend to urgent or emergency matters at the Site.

3.2 The Hirer's representative (as notified to the Owner) will contact the owner's nominated contact and shall state the nature of the problem requiring service personnel presence at the Site.

The service numbers for Owner's personnel (in descending levels of escalation) are as follows:
+353 46 943 5000 - CRS Ireland Head Office (8:30 to 17:00 GMT)
+353 87 259 0820 - CRS Ireland 24 Hour On-Call Engineer
+353 87 272 9972 - CRS Ireland Service Team Manager
+353 87 650 4000 - CRS Ireland Senior Engineer

Purchase Agreement Ireland & International

GENERAL TERMS AND CONDITIONS OF SALE

NOTE: THE PURCHASER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 5.7

1 The Purchaser agrees with the Supplier as follows:-

1.1 To pay the Purchase Price and all costs of delivering the Equipment to the Delivery Point to the Supplier without any set-off, counterclaim, withholding or deduction whatsoever at the times and in the manner provided for by this Agreement. The Purchase Price and all other charges under this Agreement are exclusive of VAT and any other applicable taxes, tariffs and duties, including but not limited to customs duties, or similar charges which shall be payable by the Purchaser at the rate and in the manner prescribed from time to time by law and shall be invoiced separately by the Supplier to the Purchaser if required.

1.2 The Order constitutes an offer by the Purchaser to purchase the Equipment in accordance with the terms and conditions of this Agreement. The Purchaser is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Purchaser are complete and accurate.

1.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point this Agreement shall come into effect.

1.4 This Agreement and the Order constitute the entire agreement between the Parties in respect of the Equipment. The Purchaser acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in this Agreement.

1.5 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Equipment described in them. They shall not form part of the Agreement or have any contractual force.

1.6 A quotation for the Equipment given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 Business Days from its date of issue.

2 Equipment

2.1 The Equipment is described in the Specification. If not part of the Specification, the Supplier recommends that a temperature monitoring and alert system be installed in, and used in connection with the operation of, all refrigeration units. The Supplier recommends that a locking bar or any other locking system is not installed on the door. The Owner shall not be liable for the use or any consequences of the use in connection with the Equipment of any locking bar or locking system supplied by the Supplier or fitted by the Purchaser/ or the Supplier and the Purchaser shall indemnify and hold the Owner harmless, in respect of any claims arising which relate in whole or in part to any such locking bar or locking system.

2.2 Where the Equipment is manufactured in accordance with a Specification supplied by the Purchaser, the Purchaser shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause 2.2 shall survive termination of this Agreement.

2.3 The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

3 Delivery

3.1 The Supplier shall deliver the Equipment to the Delivery Point at any time after the Supplier notifies the Purchaser that the Equipment is read and provided that payment of the Purchase Price has been received by the Supplier from the Purchaser in advance of any such delivery.

3.2 Delivery of the Equipment shall be completed on the Equipment's arrival at the Delivery Point.

3.3 The Purchaser shall inspect the Equipment on taking delivery of it and shall sign a delivery note on which any defects in the Equipment shall be noted. The delivery note so completed shall be conclusive evidence of the state of the Equipment when it was delivered to the Purchaser save in respect of any fault not ascertainable by reasonable examination. Where no delivery note has been signed, unless notification in writing to the contrary is received by the Supplier from the Purchaser within 7 days of delivery, the Equipment shall be deemed to be in good order save in respect of any fault not ascertainable by reasonable examination. Acceptance of delivery of the Equipment shall constitute the Purchaser's acceptance of the terms and conditions of this Agreement.

3.4 Any dates quoted for delivery are approximate only, and the time for delivery is not of the essence. In particular, the Supplier shall have no liability in respect of or arising from any delay in delivery of the Equipment that is caused by (i) a Force Majeure Event or (ii) the Purchaser's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment or (iii) the Purchaser's failure to effect timely payment of the Purchase Price to the Supplier.

3.5 If, the Supplier fails to deliver the Equipment, its liability shall be limited to the costs and expenses incurred by the Purchaser in obtaining replacement equipment of similar description and quality in the cheapest market available, less the Purchase Price.

3.6 If the Purchaser fails to accept delivery of the Equipment within 3 Business Days of the Supplier notifying the Purchaser that the Equipment is ready for delivery, then, delivery of the Equipment shall be deemed to have been completed at 9.00 am on the fourth Business Day after the day on which the Supplier notified the Purchaser that the Equipment was ready for delivery and the Supplier shall store the Equipment until transfer of possession of the Equipment to the Purchaser takes place and shall charge the Purchaser for all related costs and expenses (including any insurance which the Supplier may, but is not obliged to, maintain in respect of such Equipment which is deemed to have been delivered).

3.7 If, within 25 Business Days after the day on which the Supplier notified the Purchaser that the Equipment was ready for delivery, the Purchaser has not accepted delivery of it, then the Supplier may resell or otherwise dispose of part or all of the Equipment and shall charge the Purchaser for reasonable storage and selling costs and for any shortfall below the Purchase Price arising on such a resale.

3.8 It is the responsibility of the Purchaser to ensure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions that may be supplied by the Supplier and/or the Equipment manufacturer's operating instructions (where applicable). It is the responsibility of the Purchaser to have read, Understood and communicated the QF56 General Safety Procedures for Refrigerated Units, as outlined in Schedule 1 to this Agreement, and ensure these are communicated to any person using the Equipment. Where applicable, the Purchaser will request training in writing on how to operate the Equipment.

3.9 The Supplier may (if applicable) deliver the Equipment by instalments. In such case, any delay in delivery of or defect in an instalment shall not entitle the Purchaser to cancel the Order or any other instalment thereunder.

4 Title & Risk

4.1 The risk in the Equipment shall pass to the Purchaser on delivery.

4.2 Title to the Equipment shall not pass to the Purchaser until the Supplier receives payment in full (in cash or cleared funds) for the Equipment. Until title to the Equipment has passed to the Purchaser, the Purchaser shall store the Equipment separately from all other equipment held by the Purchaser so that it remains readily identifiable as the Supplier's property and shall maintain the Equipment in good condition and shall keep it insured against all risks at its full replacement value (as set out in the Special Terms and Conditions, including all taxes duties and other payments which may be incidental to any replacement) against all usual risks of loss, damage or destruction by fire, theft or accident.

4.3 Notwithstanding any of the other provisions of this Agreement, in the event that the Supplier delivers the Equipment to the Purchaser before the Purchaser has made full payment of the Purchase Price to the Supplier, the Supplier shall be entitled to and the Purchaser hereby authorises the Supplier to enter upon the Purchaser's premises to recover and remove the Equipment. The Purchaser shall take all steps to ensure that the Supplier may enter such premises to recover the Equipment, including by procuring from any person having an interest in such premises a right for the Owner to enter onto such premises to recover and remove the Equipment for these purposes.

5 Quality, Warranties & Remedies

5.1 The Supplier warrants that on delivery the Equipment shall:-

5.1.1 conform in all material respects with its description or any applicable Specification;

5.1.2 be free from material defects in design, material and workmanship; and

5.1.3 be fit for any purpose held out by the Supplier.

5.2 The Supplier shall provide a 3 months parts only warranty in respect of any used or refurbished Equipment and a 12 months parts only warranty in respect any new Equipment commencing form the date of delivery of the Equipment. This warranty does not extend to labour costs. If additional warranty cover is required by the Purchaser a quote for this is to be requested by the Purchaser and must be agreed in writing by the Supplier before the Equipment is delivered.

5.3 The warranty period for any part that is replaced or repaired pursuant to clause 5.2 shall be the remainder of the original warranty period or three months (whichever is longer).

5.4 If any part of the Equipment fails during the warranty period, the Purchaser's exclusive remedy shall be, at the Supplier's option, to either (i) repair or replace the failed part provided that the Purchaser returns the Equipment or the relevant part to the location designated by the Supplier within the warranty period and pays the freight and any customs costs both to and from such location; or (ii) to deliver a replacement part to the Purchaser provided that the Purchaser installs, at its cost, such part(s). In all cases the Purchaser shall be responsible for returning the failed parts or Equipment to the Supplier and shall be responsible for all costs associated with the return of the failed parts or Equipment. If the Supplier determines that the returned parts or Equipment are not defective, the Purchaser shall pay and/or reimburse the Supplier for all expenses incurred by the Supplier in the examination of the returned parts or Equipment.

5.5 The warranties set out in this clause 5 do not extend to the following:-

5.5.1 Any Equipment that has been damaged or rendered defective as a result of (i) a use of the Equipment other than for its normal intended use, (ii) failure to use the Equipment in accordance with the instructions that may be supplied by the Supplier and/or the Equipment manufacturer's operating instructions (where applicable) or (iii) any wilful damage, misuse, abuse, negligence, abnormal storage or working conditions in relation to the Equipment;

5.5.2 Any defect in the Equipment which arises as a result of the Supplier following any Specification provided by the Purchaser;

5.5.3 Any Equipment that has been damaged or rendered defective as a result of (i) any modification of the Equipment by a party other than the Supplier, (ii) any improper installation in or integration with the Equipment of third party goods or products or (iii) as a result of any servicing of the Equipment carried out by a third party;

5.5.4 Any Equipment that has been damaged or rendered defective as a result of improper transportation or packaging when returning the Equipment or any parts to the Supplier;

5.5.5 Fair wear and tear of consumable parts, that is parts that require periodic replacement during the normal course of the Equipment's usage including without limitation batteries, adaptors etc; or

5.5.6 Cosmetic damages such as scratches, dents, fading or discolouration.

5.6 The warranties set out in this clause 5 are the only warranties given by the Supplier with respect to the Equipment. The Supplier expressly disclaims to the fullest extent permitted by law any and all other representations and warranties, including without limitation, warranties as to fitness for a particular purpose or merchantability. The Supplier assumes no liability for costs or expenses associated with lost revenue or with the removal or installation of the Equipment. The Supplier shall under no circumstances whatsoever be liable to the Purchaser, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement. The remedies set out in this clause 5 are the Purchaser's sole and exclusive remedies for any failure of the Equipment.

5.7 Note: The Supplier's aggregate liability in any and all causes of action arising under, out of or in relation to this Agreement shall in no event exceed the total amount paid by the Purchaser to the Supplier under this Agreement.

5.8 Nothing in this Agreement shall limit or exclude the Supplier's liability for death or personal injury caused by its negligence or the negligence of its employees or agents, fraud or fraudulent misrepresentation and/or any other liability which cannot be excluded by law.

5.9 No proceedings may be issued by the Purchaser against the Supplier more than 12 months after the cause of action first arose.

6 Termination

6.1 The Supplier may terminate this Agreement with immediate effect in the following events:-

6.1.1 the levying of any distress or execution against the other Party or the making by it of any composition or arrangement with creditors or, being a company, the other Party's liquidation (other than a members' voluntary liquidation) or, being an individual, the other Party's bankruptcy;

6.1.2 the Purchaser suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;

6.1.3 an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or an administrator is appointed, over the Purchaser (being a company);

6.1.4 the holder of a qualifying floating charge over the assets of the Purchaser (being a company) has become entitled to appoint or has appointed an administrative receiver;

6.1.5 a person becomes entitled to appoint a receiver over all or any of the assets of the Purchaser or a receiver is appointed over all or any of the assets of the Purchaser;

6.1.6 any event occurs, or proceeding is taken, with respect to the Purchaser in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in 6.1.1 to 6.1.5 (inclusive);

6.1.7 where the Purchaser suspends or ceases or threatens to suspend or cease carrying on all or a substantial part of its business.

6.2 On termination of this Agreement for any reason, the Purchaser shall immediately pay to the Supplier all of the Supplier's outstanding invoices and the Supplier shall be entitled to invoice the Purchaser for any costs incurred by the Purchaser, up to the date of termination, towards fulfilment of an Order which has not yet been delivered, any such additional invoices to also be immediately due and payable by the Purchaser.

6.3 Termination of this Agreement shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination. Clauses which expressly or by implication survive termination of this Agreement shall continue in full force and effect.

7 Arbitration

7.1 Any dispute or claim arising out of or in connection with this Agreement, including any question regarding its breach, existence, validity or termination, shall be referred to and finally resolved by arbitration.

7.2 The arbitrator shall be agreed upon by the Parties or, in default of agreement between them within five (5) Business Days of one Party nominating an arbitrator in writing to the other Party, by an arbitrator appointed on the written application of any Party by the London Court of International Arbitration (LCIA) (the "Arbitrator").

7.3 The Arbitrator shall be required to proceed promptly and diligently and to render his decision as soon as practicable. The decision of the Arbitrator shall be presented in separate findings as to fact and law. The award of the Arbitrator shall be final and binding on the Parties from which no appeal may be taken, and an order confirming the Arbitrator's award or judgement upon such award may be entered in any court having jurisdiction. The award of the Arbitrator may include pre-award interest and equitable relief to the extent that the Arbitrator deems appropriate. The award shall include interest from the date of the award until paid in full at a rate to be fixed by the Arbitrator.

7.4 In any award made by him, the Arbitrator may assess his own fees and expenses and those of the arbitration and the witness and legal fees of the Parties, or any part thereof, against one or more of the Parties, taking into account the circumstances of the case.

7.5 The Arbitrator shall act in accordance with the Arbitration Act 1996 and any modification or re-enactment for the time being in force.

7.6 Notwithstanding the initiation of arbitration proceedings, each Party shall continue to perform all duties and obligations under this Agreement, on a without prejudice basis

8 General

8.1 Any delay or failure of either Party in exercising any right or remedy shall not constitute a waiver of any of that Party's rights or remedies which may be enforced separately or concurrently with any other right or remedy in the future accruing to that Party to the effect that such rights are cumulative and are not exclusive of each other.

8.2 The Purchaser acknowledges that this Agreement (comprising the Special Terms and Conditions and the General Terms and Conditions of Sale), together with the Order, contains the whole agreement between the Parties (including but not limited to the full extent of the Supplier's obligations and liabilities in respect of the Equipment) in respect of the Equipment and that it has not relied upon any oral or written representation made to it by the Supplier or its employees or agents. This Agreement supersedes and extinguishes any prior agreement between the Parties in respect of the Equipment, whether written or oral.

8.3 No variation of this Agreement shall be effective unless it is in writing and signed by the Parties or their authorised representatives.

8.4 Headings contained in this Agreement are for reference purposes only and should not be incorporated into the Agreement and shall not be deemed to be any indication of the meaning of the clauses and sub-clauses to which they relate.

8.5 Any notice to be served on either Party by the other shall be sent by prepaid recorded delivery or by hand delivery to the address of the respective recipient party as noted at the beginning of this Agreement.

8.6 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

8.7 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original but all the counterparts shall together constitute one Agreement.

8.8 Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control (a "Force Majeure Event"). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

9 Governing law

Schedule 1

QF56 General Safety Procedures for Refrigerated Units

Refrigerated Units

Recommendations for working in Refrigerated Units

Try always to work with a buddy. There is safety in numbers and an immediate support system in the event of an emergency.
Be aware! Cold temperatures affect you both mentally and physically.
Tell someone, your supervisor or another co-worker that you are going to work in the refrigerated unit and when you will return. If you are going to be in a unit for an extended period, timed checks are advised. Do not forget to report back to that contact person at the agreed upon time(s)!
You should be aware that mobile phones might not work well in the refrigerated unit. Before relying on this as a communications device, check to see if it will work in that space. Remember that frozen batteries might disable the phone.
Have a contact person and a check-in schedule. Ensure that your contact can access the unit if the need arises. Check-in at least once an hour. Cold temperature reduces you mental alertness and physical coordination, so do not work in units for extended periods without a physical and mental rest period. Access is restricted to regular business hours of operation.
Any work that requires moving, shelving/retrieval of heavy boxes or ice core must not be done alone.
An appropriate stool or ladder should be used for shelving/removal of ice core or material from the upper storage shelves.
Coats/mittens/head wear or other fabric items of work gear must be hung on the hangers provided outside of the walk-in freezer. Fabric items should not be left on the floor, tables, chairs, storage boxes or blocking the cooling unit machinery.
DO NOT change the temperature of the unit unless with permission from your supervisor. Many of the freezers are alarmed, so changing the temperature could cause false alarms.
Do not block or cover the cooling fan units inside the unit.