Skip Hire Terms & Conditions
Skip Hire Terms & Conditions
ASHCOURT AGGREGATES LIMITED
TERMS AND CONDITIONS OF SKIP HIRE
This Agreement sets out the terms and conditions upon which the Company has agreed to hire the Equipment to the Customer and dispose of the Waste.
2.1 “Business Day“ means a day other than a Saturday, Sunday or public holiday in England and Wales, when banks in London are open for business.
2.2 “Customer” means the person firm or company that has requested the Hire of Equipment from the Company.
2.3 “Company” means Ashcourt Aggregates Limited of Foster Street Recycling Centre, Foster Street, Hull HU8 8BT registered in England and Wales with company number 11277646.
2.4 “these Conditions” means these terms and conditions as amended from time to time in accordance with clause 3.4.
2.5 “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
2.6 “Contract” means the contract between the Company and the Customer for the Hire in accordance with these Conditions.
2.7 “Delivery Location” refers to the location where the Equipment is to be deposited at the request of the Customer or such other location as the parties may agree in writing.
2.8 “Equipment” means a skip and/or any other items hired from the Company with the skip.
2.9 “Hire” mean the hire of the Equipment by the Company to the Customer for the Hire Period.
2.10 “Hire Charges” means the charges payable for the Hire as set out in clause 10 and any additional charges.
2.11 “Hire Period “means the period during which the Equipment is at the Delivery Location.
2.12 “Quotation” means the documents or other written proposal supplied to the Customer setting our details of the Hire requested by the Customer and including the estimated Hire Charges, the Equipment and Delivery Location.
2.13 Vehicle” refers to the Company’s vehicle for delivery of Equipment.
2.14 “Waste Transfer Note” means the waste transfer note, delivery note or other document signed by or on behalf of the Customer agreeing to the Hire on these Conditions and the disposal of the Waste.
2.15 “Waste” means the waste material to be placed in the Equipment by the Customer which must comply with the Customer warranties in clause 7
3. BASIS OF CONTRACT
3.1 Any Quotation or estimate given by the Company is an indication given in good faith and shall not become binding unless confirmed by the Company in writing. Hire Charges quoted are based on information available at the date of the Quotation and the Company reserves the right to vary its Hire Charges at any time without notice prior to accepting an order from the Customer.
3.2 Any Quotation is given subject to these Conditions and is only valid for a period of 30 Business Days from its date of issue.
3.3 The Contract made between the Company and the Customer incorporates and is subject to these Conditions and constitutes the entire agreement between the Parties, superseding all previous agreements or arrangements between the Parties.
3.4 No variation to these Conditions shall be binding unless agreed in writing between the parties prior to the date of the Contract.
3.5 The Customer acknowledges that it has not relied on any statement, promise or representation made by or given on behalf of the Company.
4. HIRE OF EQUIPMENT
4.1 The Hire Period for any Equipment shall be 7 days unless otherwise agreed in writing between the parties and shall be inclusive of the day of delivery. The Company shall be entitled at its own discretion to leave the Equipment on site for longer than 7 days and to collect the Equipment at any time having given the Customer notice.
4.2 The Customer shall ensure that an authorised representative of the Customer over the age of 18 is available at the Delivery Location to accept delivery of the Equipment and to sign the Waste Transfer Note on behalf of the Customer.
4.3 Additional charges of which the Customer shall be made aware as necessary will be payable if the Customer requests an extension of the agreed Hire Period and also as provided in but not limited to clauses 5.4 and 7.10 and 7.11 and 10.2.
4.4 Subject to clause 4.5, the Contract sets forth the full extent of the Company's obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Company except as specifically stated in the Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
4.5 Where the hire of Equipment is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 (as amended), the duration of the Hire shall not exceed 3 months. Accordingly, the Hire of any Equipment is not covered by the Consumer Credit Act 1974 (as amended).
4.6 Nothing in this Contract shall exclude or limit any statutory rights of the Customer acting as a Consumer which may not be excluded or limited due to the Customer acting as a Consumer. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent have no force or effect. In particular but without limitation clause 4.4 and clause 9 shall not apply to a Consumer.
5. EQUIPMENT USE WHILE ON HIRE ON PUBLIC LAND
5.1 If any Equipment supplied by the Company is to be placed in a location other than on private property the permission of the Highway Authority may be required under Section 139 Highways Act 1980. In such circumstances, the Company will organise the obtaining of the s139 permission and needs sufficient advance time from the date of the Customers order to arrange this.
5.2 In the event that the Company obtains a s139 permission, the Company shall be responsible to ensure that the s139 permission is correct and valid for the duration of the Hire Period.
5.3 The Company will ensure the observation and performance at all times of all the conditions subject to which the s139 permission is granted and in particular, will ensure that the Equipment is properly coned off and lit throughout the hours of darkness.
6. DELIVERY AND LOADING/UNLOADING OF EQUIPMENT.
6.1 The Customer will be responsible for ensuring that at the time of delivery and collection of the Equipment a safe and proper route from a metallised highway is available for the Vehicle to and from the Delivery Location and that there is the space necessary around the Equipment to give the Vehicle sufficient access to effect delivery, collection and removal including manoeuvring space for the Vehicle. The driver of the Vehicle delivering the Equipment and any of the Company’s personnel supplied for such loading and unloading shall be deemed to be under the direction and control of the Customer in respect of the unloading and loading of the Equipment at the Delivery Location and the Customer shall be solely responsible for all claims arising in conjunction with loading and unloading of the Equipment by or with the assistance of the Customers personnel.
6.2 In the event that it proves impracticable for the Company to deliver or collect Equipment because of inadequate access to the Delivery Location or to the Equipment, the Customer shall be liable to pay the Company additional charges for the abortive delivery or collection costs incurred.
6.3 The Customer shall inspect the Delivery Location after the Equipment has been collected and notify the driver of the Vehicle before leaving of any damage that they have noted. Please note clause 9.2 that any claims must be made within 7 days or the Company will not accept liability.
7. WARRANTIES GIVEN BY CUSTOMER FOR EQUIPMENT ON HIRE
The Customer warrants during the terms of the Hire of the Equipment that:-
7.1 The Equipment will be kept in a secure and suitable environment and used only for the purposes for which it is designed.
7.2 It shall not use the Equipment for any unlawful purpose;
7.3 It will take reasonable care of the Equipment, only use it for its proper purpose in a safe and correct manner, notify the Company immediately after any loss and/or damage to the Equipment and keep the Equipment at all times in its possession and control at the Delivery Location.
7.4 It shall not light fires in the Equipment nor burn anything in it, nor place any corrosive acid or noxious substance nor liquid cement or concrete in the Equipment.
7.5 If it shall deposit in the Equipment without the prior agreement with the Company any Waste which is Restricted Material which shall include (but not limited to) the following: Fridges/ Freezers, Tyres, Paint, Cans, TV’s/ Monitors, Asbestos, Clinical/ Medical Waste, Florescent Tubes, Solvents, Liquids, Oil, Batteries, Plasterboard, Hazardous/ Toxic Material, and/or Gas Cylinders then it shall be liable to pay additional charges immediately upon demand by the Company.
7.6 That the Waste to be placed in the Equipment falls within the meaning of prescribed cases under Section 3 of the Control of Pollution Act 1974 (hereinafter referred to as the 1974 Act) and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as the 1976 regulations) and any subsequent Regulations issued by the Secretary of State for the Environment which are in force on the date of the removal of each loaded container; or the requisite license has been issued under Section 5 of the 1974 Act; and that the Waste to be removed or disposed of in the Equipment does not come within the definition of Hazardous Waste contained in the Hazardous Waste (England and Wales) Regulations 2005 and the List of Wastes (England) Regulations 2005.
7.7 All activities undertaken by the Customer which may be subject to regulation by virtue of any applicable duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant with the legislation and do not detrimentally affect the compliance of the Company with the said legislation or in any way render the Company liable under Section 33 of the said Act or otherwise liable.
7.8 It will take adequate and proper measures to protect the Equipment from theft, damage and /or other risks and will deliver up the Equipment in good condition (fair wear and tear excepted.
7.9 It will not continue to use the Equipment where it has been damaged (other than usual wear and tear of the Equipment) and will notify the Company immediately if the Equipment is involved in any accident resulting in damage to the Equipment, other property and/or injury to any person.
7.10 It will ensure that the Equipment is not filled above the level of its sides. In the event that the Company is unable to collect the Equipment owing to overloading of the Equipment, the Customer shall pay to the Company any abortive costs of collection incurred by the Company.
7.11 That if the Equipment is returned in a damaged, unclean and/or defective state (except where due to fair wear and tear), the Customer shall be liable to pay the Company: (i) for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire and (ii) the hire charges until such repairs and/or cleaning have been completed.
7.12 That it will pay to the Company the replacement cost on a new for old basis of Equipment which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to the Company under any policy of insurance taken out in accordance with these conditions. The Customer shall further pay to the Company the hire charges for the Equipment until the Company has been paid the amount representing the replacement cost of the Equipment.
7.13 That it will notify the Company of any change of its address and upon request provide details of the location of the Equipment and permit the Company at all reasonable times to inspect the Equipment including procuring access to any property where the Equipment is situated.
7.14 That it will not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process;
8. INDEMNITIES GIVEN BY THE CUSTOMER IN RELATION TO EQUIPMENT ON HIRE
8.1 The Customer agrees that it shall indemnify the Company in respect of all losses suffered by the Company as a consequence of:
8.1.1 The Customer requiring the Company or its subcontractors to use Vehicles to deliver or collect the Equipment off road where damage is caused to the Vehicle, to the Equipment or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.
8.1.2 Damage to or loss of the Equipment while on hire to the Customer which shall include damage howsoever caused but excepting fair wear and tear.
8.1.3 All claims for injuries to persons or damage to property arising out of use of the Equipment while on hire.
8.1.4 Any breach of these Conditions by the Customer.
9. LIMITATION OF LIABILITY OF THE COMPANY
9.1 The provisions of this clause 9 shall not apply to a Customer dealing as a Consumer.
9.2 The Customer shall notify the Company in writing within 7 days of the collection of the Equipment of any loss or damage. If the Company is so notified and found to be liable in respect of any loss or damage to the Customer’s property, the extent of their liability will be limited to the retail cost of replacement of the damaged property.
9.3 The Customer shall give the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, the Company shall have no liability to the Customer.
9.4 The Company shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Company.
9.5 The Company shall have no liability to the Customer for any consequential losses (including loss of profits and /or damage to goodwill), economic and /or other similar losses, special damages and other direct and indirect losses or for business interruption, loss of business or loss of opportunity. In each case however caused even if foreseeable.
9.6 The Company shall use its reasonable commercial endeavours to ensure the Equipment arrives at the Delivery Location when the Customer requires delivery. Any approximate times given by the Company are estimates only and the Company shall not be liable for any delay in delivery of the Equipment howsoever caused. Time for delivery of the Equipment shall not be of the essence. The Company shall not, in any event, be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond the Company’s reasonable control.
9.7 Nothing in this Contract shall exclude or limit the liability of the Company for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.
10. HIRE CHARGES AND PAYMENT
10.1 The Hire Charges shall be as set out in any Quotation and include delivery of the Equipment to and from the Delivery Location and subject to the Customer signing the Waste Transfer Note include disposal of the Waste by the Company
10.2 Unless credit terms have been agreed in writing prior to delivery of the Equipment payment for the Equipment and all applicable delivery charges shall be made in advance, based on the Quotation or other information provided by the Customer. In the event that there are any additional charges (such as overweight/overloaded skip charges, disposal of restricted items, etc.) or wasted journey charges, the Customer shall be liable to pay these fees on demand and the Company shall contact the Customer to arrange further payment.
10.3 If credit terms have been agreed the Company will invoice the Hire Charges upon collection of the Equipment unless the Hire Period exceeds one month in which event invoices for the Hire Charges shall be issued on a monthly basis.
10.4 Except where clause 10.2 applies the Customer shall pay each invoice submitted by the Company within 30 days of the date of the invoice or in accordance with any credit terms agreed by the Company and confirmed in writing by the Company.
10.5 Any payments made by the Customer shall be deemed conclusive proof of the Company’s entitlement to payment for the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.
10.6 All Hire Charges and additional charges are exclusive of amounts in respect of value added tax chargeable from time to time (VAT) and the Customer shall pay such additional amounts in respect of VAT as are chargeable upon the Hire of the Equipment at the same time as payment is made for the supply of the Equipment.
10.7 All invoices shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.8 If the Customer fails to make payment of any Hire Charges or additional charges due to the Company under the Contract by the due date, then, without limiting the Company’s remedies under clause 12 (Termination by Notice), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment calculated at the base rate of the Bank of England plus 8% per annum.
11. CANCELLATION AND REFUND
11.1 The Customer if dealing as a Consumer may cancel any Contract or order for Equipment at any time within 14 days of the Consumers order by giving the Company written notice provided that the Company has not at the time of receipt of the notice started to provide the Equipment.
11.2 If the Customer has made any payments in advance for Equipment that has been cancelled, the Company shall refund those amounts by the method of payment made less any card processing fees reasonably incurred.
12. TERMINATION BY NOTICE
12.1 If the Hire Period has a fixed duration neither the Customer nor the Company shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party. If the Hire Period does not have a fixed duration either the Customer (subject to clause 10.1) or the Company is entitled to terminate the Contract upon giving to the other party any agreed period of notice (if no period of notice has been agreed, the default notice period shall be 1 working days’ notice in writing).
12.2 In the event that the Contract is terminated the Customer shall notwithstanding any agreed credit terms pay to the Company without deduction or set-off all sums outstanding as at the date of termination, plus all sums which fall due after termination which relate to the Hire (e.g. additional charges for removal of the Equipment or disposal of the Waste).
13. RISK AND TITLE TO EQUIPMENT
13.1 Risk in the Equipment will pass immediately to the Customer upon completion of unloading at the Delivery Location. Risk in the Equipment hired will not pass back to the Company from the Customer until the Equipment is collected from the Delivery Location. Company. This shall apply even if the Company has agreed to cease charging for the Hire and the Equipment is awaiting collection.
13.2 Title in the Equipment hired remains at all times with the Company. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer. The Customer must not deal with the title or any interest in the Equipment hired. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending it to a third party.
13.3 The Customer shall ensure that at all times the Equipment remains identifiable as being the Company's property and shall not remove, deface or obscure any visible sign or notice to that effect which is marked on or attached to the Equipment;
14.1 If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions (amended as necessary) shall not be affected.
14.2 The Contract does not give rise to any rights under the Contract (Rights of Third parties) Act 1999 to enforce any of the Conditions of the Contract.
14.3 No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
14.4 The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the subject matter or formation shall be governed by the Laws of England and the Customer and the Company hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
14.5 In any legal proceedings between the Company and the Customer the written confirmation of the duly authorised representative of the Company as to date of delivery of the Equipment to and the date of its collection by the Company from the Delivery Location shall be conclusive evidence of the facts stated therein.