TERMS AND CONDITIONS FOR SKIP HIRE – DEFINITIONS AND CONTRACT TERMS
DEFINITIONS
“Owner” means Allied Waste Management Ltd., Unit 8 Knights Business Centre, Squires Farm Industrial Estate, Palehouse Common, Framfield, Uckfield,
East Sussex TN22 5RB.
“Hirer” means the customer/person/ organisation, or their representative, who has ordered the service.
“Vehicle” means the Owner’s designated Vehicle which is delivering or collecting the Skip, which is the subject of the Contract. “Driver” means the Driver of the Vehicle.
“The Site” means the place where the Skip is deposited on the directions of the Hirer on or off the highway. “Skip” means any size Skip or container designed for the Contract.
“Contract” means the Contract for the hire of the service.
“Terms and Conditions” shall apply to the hire/transport of Skip(s) and recycling/disposal of contents between the Owner and the Hirer and shall not be overridden. Acceptance of the Skip on Site by the Hirer or its delivery on Site in accordance with the Hirer’s instructions signifies acceptance of the above. No agent or employee of the Owner is permitted to alter or vary these conditions in any way or to give any consent unless otherwise agreed in writing by the Owner to do so.
The responsibility of the person signing on Site warrants that they have the authority of the Hirer to make the Contract on the Hirer’s behalf. The Owner shall be entitled to treat the Hirer as contractually bound by these unless the Hirer can demonstrate that there were no reasonable grounds to believe that such person had authority to bind the Hirer
OWNER’S RESPONSIBILITIES
The Owner shall ensure that the Skip provided is clearly and indelibly marked with the Owner’s name and telephone number or address.
The Owner shall ensure compliance with any condition imposed by a Highway Authority, that being any relevant charges imposed and the marking of the Skip with reflective devices to comply with relevant laws.
The Owner is not liable to the Hirer for any damage to private property, however caused, whilst the Vehicle is directed off the public highway.
The Owner agrees to dispose of the contents of the Skip, this passes to the Owner at the time of loading the Skip onto the Vehicle and the contents then belong to the Owner except if specifically, otherwise agreed.
The Owner may arrange the removal or repositioning of the Skip if required at any time to do so by demand of the Police or Highway Authorities under Section 140 of the Highway Act 1980. The Hirer shall be responsible for and incur any costs that are implemented by the Highway Authority.
The Owner will use their best endeavour to comply with the Hirer’s requirements. We will not accept any responsibility for failure to supply/delay supplying the Skips or service which may be caused directly or indirectly by any circumstance beyond the Owner’s control. This includes any unforeseen/abnormal conditions and any act or neglect on the part of the Hirer.The Owner shall not be liable for any consequential losses, expenses, liabilities, claims or proceedings whatsoever caused by, or arising out of the late/non-delivery, unsuitability, any defect or repossession of the Skip.
HIRER’S RESPONSIBILITIES
The Hirer shall ensure that all statutory regulations of local, other authorities and permissions required before Skips can lawfully be deposited on the Site, including the permission required under the Highways Act 1980, have been or will be obtained. The permission shall remain in force until the Skip has left Site. When the Driver is directed to deposit or collect the Skip which is off the highway, the Hirer shall save harmless and keep the Owner indemnified against any claim, demand or penalty arising out of the presence which could not have been made or inflicted had the Skip/Vehicle not been placed on the Site.
The Hirer shall not move the Skip from its point of delivery on Site by any method
without the consent of the Owner and where necessary the Highway Authority, and ensure that the delivery Site is prepared for receipt of the Skip including the provision of free and suitable access, removal/ reinstatement of local obstructions and suitable ground conditions. The time allowed for delivery/collection of a Skip is ten minutes. If the Vehicle is kept waiting longer than this after arrival, then you will be liable for reasonable demurrage.
The Hirer shall not overload the Skip. Section 34 (1) of the Environment Act 1990 states that any person who produces waste is bound by a duty of care to prevent the escape of waste. That is ‘to contain it’ therefore it must not be overloaded above its maximum capacity. In the case of a Skip, that is, not higher than the sides of the Skip. It is illegal to transport overloaded Skips. The Driver has the right to remove all waste he considers to be above a normal load.
The Hirer shall not place or cause to be placed in the Skip anything other than the type of specified waste, this description must be given at the time of booking. When Skips are ordered for purely soil/hardcore and then are found to contain other waste materials, thus contaminating the load, the Hirer will be charged accordingly.
The Hirer shall not add on or attach to the Skip any painting, sign-writing, lettering or advertising unless required by legal regulations, nor allow fires to be lit in it or set alight to the contents of the Skip.
The Hirer shall take all reasonable care of the equipment and will be responsible for any loss or damages (other than reasonable wear and tear) to the Skips whilst in situate at the Site and shall allow right of access to the Skips at all reasonable times for the purpose of replacement or repossession.
The Hirer shall compensate the Owner for any damage to the Vehicle or the Skip and of all claims by any person for injury or loss/damage to property which would not have occurred had the Driver not been so directed and which is not due to any negligent driving on the part of the Driver. No responsibility will be accepted for damage to any surface over which the Skip has been moved to reach its intended position of hire, therefore please take steps to protect surfaces (paving slabs, soft ground and the like) before delivery of the Skip.
Failure to ensure that the Site is duly prepared and ready to receive the Skip, will result in a charge being applied for a wasted journey fee.
The Hirer, except as specifically otherwise agreed, shall fill the Skip within the agreed period of hire. Should the period of hire exceed the minimum of two weeks without exchange or removal, then the Owner is entitled to implement a said charge based on the day rate that he sees fit to apply. The Hirer shall inform the Owner in good time of its readiness for collection or exchange. The Owner may also increase the said day rate after week four commences without prior warning to the Hirer but may only keep that rate for subsequent weeks to follow. This rate will only apply until the Skip is collected. If a roadside permit has been applied for, the cost will still be the Hirers to make payment if the Skip is cancelled. No negotiations will be entered into.
Payment terms for non-account Hirers must be either pay on delivery of the Skip, by card over the phone prior to delivery or on actual delivery date, we also accept cheques. Authorised credit Hirers are 30 days net from the date of the invoice.
Queries regarding invoices or reasons why full payment cannot be made should be notified in writing within 7 days addressed to the Director of Accounts.
The Hirer will pay all monies outstanding, on demand, including interest on amounts overdue and will be liable for reasonable legal charges incurred in the recovery of Skips or amounts due. We may terminate the Contract without affecting any rights to recover monies due, damages for breach of Contract, other remedies where the Hirer is in breach or is involved in insolvency/liquidation proceedings.
Allied Waste Management Ltd reserves the right to recover the debt by any method deemed necessary within those allowed by laws of England and Wales. Including transferring of debt to a separate entity for the collection via bailiff/court, as deemed necessary by that entity plus cost for recovering/attempting to recover from the Hirer outstanding fees and charges, including any mercantile agent cost and legal costs on a full indemnity basis.