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Terms of Service
Skips For You UK Ltd Trading Terms and Conditions of Use
In these conditions:
“The Provider” means Skips For You. Skips For You is the trading
style of Recycool Ltd
“The Supplier” means where the context so permits the Provider
or the Provider’s duly authorised agent or sub-contractor.
“The Hirer” means the person or company requesting provision
of a skip by the Provider.
“The Service” means the supply of a skip or skips by the Provider,
its employees, servants, agents or sub-contractors for the period of hire
to facilitate the removal of waste on behalf of the Hirer and the subsequent
disposal of the contents of such skip or skips on behalf of the Hirer.
“The Skip” means any skip or skips provided as part of the service.
“Vehicle” means the vehicle, which delivers or collects the
skip, which is provided as part of the service.
“Driver” means the driver of the vehicle.
“The Site” means the place where the skip is deposited at the
request or direction of the Hirer.
“The Period of Hire” means the period from delivery of the skip
to the Hirer to collection thereof from the Hirer or such time, as collection
thereof ought reasonably to have been completed by the Supplier.
“Working Day” shall mean Monday to Friday in any week.
“Force Majeure” means any circumstances beyond the reasonable
control of either the Provider or the Supplier (including, without limitation
thereto any strike, lockout or other form of Industrial Action, accident,
inclement weather, difficulties in obtaining fuel, parts or machinery, power
failure or breakdown or malfunction of machinery or computers.
“Equipment” means any plant or equipment provided as part of
the service.
These Conditions shall apply to all contracts for the supply of the Service
by the Provider to the exclusion of all other terms and conditions and shall
apply where the context so permits for the benefit of the Supplier and the
employees, agents and sub-contractors of the Provider and the Supplier as
if they had been parties hereto.
The Provider reserves the right to add to, alter, amend or withdraw any
of these terms and conditions without notice. Any typographical, clerical
or other error or omission in any sales literature, quotation or price list,
acceptance of offer, invoice or other document of information issued by
the Provider shall be subject to correction without any liability on the
part of the Provider.
Any reference in these Conditions to a statute or regulation or provision
thereof shall be construed as a reference to that statute, regulation or
provision as amended, enacted or extended at the relevant time.
All requests for the Service shall be deemed to be an offer by the Hirer
to purchase the Service pursuant to these conditions and the Service is
offered subject to the availability of suitable skips to the Provider. The
Hirer agrees that they will rely wholly on their own skill and judgement
in the selection of the service and will not treat any information supplied
to them by the Provider as a representation, warranty or guarantee in manner
whatsoever.
No variation of these Conditions shall be binding unless agreed in writing
between the authorised representatives of the Provider and the Hirer.
The Provider will use its best endeavours to comply with the Hirers requirements
but can accept no responsibility for failure to supply or remove or for
any delay in supplying or removing skips which may be caused directly or
indirectly by any circumstances beyond the Provider’s control or any
unforeseen or abnormal conditions or by any act or neglect on the part of
the Hirer and time shall not be of the essence of the Contract save as to
payment by the Hirer or the Service. The provision of the Service may be
wholly or partially suspended at the Provider’s discretion without
liability on the part of the Provider for any loss resulting from any suspension.
A) Except, as specifically otherwise agreed in writing the Provider of Supplier
shall be under no obligation to deposit the skip elsewhere than on a highway.
B) The Hirer agrees in all cases:-
To provide and adequately maintain all necessary approach roads and sites
for the purpose of delivery;
To rely on their own skill and judgement and to satisfy themselves as to
the suitability of all approach roads, tracks or ground for the purposes
of delivery, upon the Hirer siting and collection of skips and to notify
the Provider at the time of ordering the Service of any special requirements
as to delivery;
Promptly on the arrival of the vehicle to accept delivery and provide any
necessary directions and a suitable site;
To ensure that an authorised person is present at the time of delivery to
sign an acknowledgement of delivery any or collection of the skip and that
authority is signed on delivery or collection by such authorised person
and not otherwise and the Hirer agrees that any delivery or collection note
signed by a person with apparent authority to do so shall be deemed to be
signed by an authorised representative of the Hirer and that where no such
person is available sign such proof of delivery or collection within ten
minutes from arrival of the skip or the vehicle at the site the Suppliers
written confirmation of delivery shall be final and binding;
The Hirer shall ensure from the time that the skip is deposited until it
is collected by the Supplier: a) it is properly sited in accordance with
any relevant permission and that all conditions thereof are observed and
performed at all times; b) it is properly coned where necessary during the
hours of daylight and coned and lit during the hours of darkness; c) no
fires are lit in and no corrosive acid or noxious substance, liquid cement
or concrete placed in the skip; d) it is filled no higher than the top of
its sides and in such manner as to prevent spillage of material therefrom
both whilst the container is stationary or in transit. Where skips are located
on public or third party property and waste is accumulated for any reason
whatsoever in the immediate proximity of the skip, the Provider reserves
the right to supply a further skip or skips to contain the surplus material
and to transfer the same to the skip or skips and to debit the Hirer with
the reasonable costs of so doing.
C) The Hirer shall save harmless and keep the Provider indemnified against
any claim, demand or penalty arising during the period of hire and which
could not have been made, had the Provider not agreed to provide the service,
including but not limited thereto, all third parties claims for damages
arising out of accident related to any skip or skips subject to this Contract.
i) The price for the provision of the Service shall be such sum as shall
from time to time be agreed between the parties and in default of agreement
shall be a quantum merit and unless otherwise agreed shall be exclusive
of VAT which shall be payable by the Hirer.
ii) Save where the Hirer has a previously approved credit account with the
Provider payment for the Provision of the Service shall be made in full
by the Hirer to the Provider prior to the delivery by the Provider of any
skip or skips.
iii) Where the Hirer has an approved credit account the Provider shall be
entitled to invoice at the end of each month for all the services provided
hereunder prior thereto and the Hirer shall pay the price for the provision
of the Service to the Provider within 30 days of the date of the Provider’s
invoice. The time of payment of the price shall be of the essence of the
Contract.
iv) The Hirer agrees that in the event that the Hirer shall fail to pay
the Provider’s account in accordance with the terms hereof, the Provider
may return to the Hirer the waste or a quantity of waste, which is in the
reasonable opinion of the Provider, similar thereto and the Provider shall
for such purpose be entitled to enter upon any premises of the Hirer of
any third party from whom waste was collected for such purpose and to deposit
such waste thereon.
The Provider reserves the right to grant, refuse, withdraw, restrict, alter
or cancel credit terms at its discretion. Where the Service is to be supplied
over a period of time, each instalment thereof shall be treated as a separate
contract and failure by the Provider to provide any one or more instalments
of the Service in accordance with these conditions or any claim by the Hirer
in respect of any one or more instalments shall not entitle the Hirer to
treat the contract as a whole as repudiated.
If the Hirer fails to make any payment on the due date then, without prejudice
to any other right or remedy available to the Provider, the Provider shall
be entitled a) to cancel the Contract or suspend any further delivers to
the Hirer; b) to appropriate any payment made by the Hirer to such of the
Services (or the
services supplied under any other contract between the Provider and the
Hirer) as the Provider may think fit
Notwithstanding any purported appropriation by the Hirer and c) to charge
the Hirer interest (both before and after any judgement) on the amount unpaid,
at the rate of 10% per annum until payment in full is made (a part of a
month being treated as a full month for the purpose of calculating interest).
9. The Hirer shall where so required to do so by the Driver, direct the
Driver where to deposit or pick up the skip.
10. (A) Where the Provider or the Driver are requested or directed to deposit
or pick up a skip on or from a site which is off a highway or where delivery
otherwise involves the passage of the vehicle over gratings, drains, roads,
pavements, forecourts, yards, asphalt areas of any like areas the Provider
shall be under no liability whatsoever to the Hirer for any damage howsoever
caused whilst the vehicle is off the highway other than as shall be caused
by negligent driving on the part of the Driver. Without prejudice to the
generality of Condition 7c) the Hirer shall subject as above save harmless
and keep the Provider indemnified against any claim or demand which could
not have been made had the Driver not been so requested or directed. The
Hirer will in addition compensate the Provider for any damage to the vehicle
or the skip, which would not have occurred had the Driver not been so requested
or directed and which is not due to any negligence on the part of the Driver.
B) If the Provider is prevented for any reason beyond its control from delivering
or collecting a skip or skips, the Hirer shall remain liable for payment
of the Provider’s charges together with such additional sums, as the
Provider shall reasonable so require for the further provision of the Service.
11. The time allowed for depositing or picking up a skip is ten minutes.
If the vehicle is kept waiting longer than this after arrival, the Hirer
shall be liable for reasonable demurrage.
12. The Hirer shall ensure that all permissions required before the skip
can lawfully be deposited on the site including the permission required
under the Highways Act 1971 have been or will be obtained before they request
the Provider or direct the Driver to deposit the skip on the site and that
the said permission will be kept in force during the period of hire and
where necessary for up to 3 working days thereafter.
13. The Hirer shall not move the skip from the site without the consent
of the Supplier and where necessary the Highway Authority.
14. The Hirer shall ensure:-
(a) That the Hirer signs a single or multiple consignment transfer note
declaring the waste type and that all waste is accurately described when
completing the transfer note.
(b) Where appropriate waste is only stored in suitable containers.
(c) That no liquids, explosive, toxic or dangerous materials including but
not limited to fibrous asbestos, solvents, minerals or greases will be placed
in the skip without the written consent of the Supplier and that the contents
of the skip when loaded conform to the requirements of S.I. 1980/1709 or
any re-enactment thereof and the local Waste Regulation Authority with regard
to its suitability for disposal as general or special waste at a controlled
waste disposal site.
(d) If any waste to which the said section applies is placed in any skip
the Hirer will immediately give the notices required by the said section
and send copies of such notices to the Supplier and the Provider.
(e) That no bonded asbestos will be placed in the skip save where the Hirer
has given to the Provider a minimum of 7 days prior notice of their intention
so to do and obtained the written agreement of the Provider thereto and
of the charges to be made with regard thereto.
(f) No cans, bottles or other liquid containers are placed in the skip unless
they are dry, free from liquid residues and open for inspection.
(g) That the skip suffers no damage except for wear and tear.
(h) That no danger is caused by the skip or its contents to any third party
and in particular but without limitation thereto to children.
15. Notwithstanding the terms of Condition 7 it shall be the Hirer’s
duty to notify the Supplier of and the Supplier’s responsibility to
ensure compliance with any condition imposed by a highway authority relating
to the marking of the skip with reflective paint.
16. Except as specifically otherwise agreed in writing the Hirer shall fill
the skip within the period of hire and shall inform the Supplier in good
time of its readiness for collection or replacement. The Hirer shall ensure
that from the time when collection of the skip is due to take place until
the same is collected there is left a clear space at one end of the container
of not less than thirty feet to enable the collecting vehicle access to
effect the removal of the skip. Where notice is required to terminate the
hiring of the skip the minimum notice period shall be one clear working
day’s notice. Ownership of the contents shall pass the to Supplier
on collection unless otherwise agreed in writing.
17. The Provider may arrange the removal or repositioning of the skip if
required at any time to do so by a highway authority or constable in uniform
under Section 10 of the Highway Act 1980. The Hirer shall be responsible
for the reasonable additional cost thereof on the part of the Supplier.
Except as specifically otherwise agreed in writing the Provider agrees to
dispose of such of the contents of the skip as shall be in accordance with
the terms of this contract. The Hirer agrees that they will pay the Provider’s
reasonable charges of dealing with any of the contents of any skip, which
do not comply with the terms of this contract.
Risk: The risk in relation to any skip of skips supplied pursuant to this
contract shall pass to the Hirer upon delivery in accordance with the Hirer’s
request or direction and shall remain with the Hirer until the skip or skips
are collected by the supplier.
Where the Service is provided under a consumer transaction as defined by
the Consumer Transactions (Restriction on Statements) Order 1976, the statutory
rights of the Hirer are not affected by these conditions.
It is specifically provided and agreed that any compensation and/or damages
payment in respect of any claim or claims arising out of or in connection
with the terms of this Contract for any reason whatsoever and howsoever
arising shall not amount in the aggregate to more than the cost of the provision
of the service by the Provider or that part of the Service giving rise to
such claim and the Provider and any other person entitled to the benefit
of this Contract shall have no further liability to the Hirer. Except in
respect of death or personal injury caused by the negligence of the Provider
or any other person entitled to the benefit of this Contract the Provider
or such party shall not be liable to the Hirer by reason of any representation,
or any implied warranty, condition or other term, or any duty at common
law, or under the express terms of this contract, for any consequential
loss or damage (whether for loss or profit or otherwise), costs, expenses
or other claims for consequential compensation provided in these Conditions.
The Provider shall not be liable to the Hirer or be deemed to be in breach
of the contract by reason of any delay in performing, or any failure to
perform, any of the Provider’s or supplier’s obligations in
relation to the service, except as expressly provided in these Conditions.
Insolvency of Hirer:
This clause applies if:
The Hirer makes any voluntary arrangement with its creditors or becomes
subject to an administration order or (being an individual or firm) becomes
bankrupt or (being a company) goes into liquidation (otherwise than for
the purposes of amalgamation or reconstruction) or
An encumbrancer takes possession or a receiver is appointed of any of the
property or assets of the Hirer or
The Hirer ceases, or threatens to cease to carry on business or
The Provider reasonable apprehends that any of the events mentioned above
is about to occur in relation to the Hirer and notifies the Hirer accordingly.
b) If this clause applies then, without prejudice to any other right or
remedy to the Provider, the Provider shall be entitled to cancel the Contract
or suspend any further deliveries under the Contract without any liability
to the Hirer, and if the services have been provided but not paid for, the
price shall become immediately due and payable notwithstanding any previous
agreement or arrangement to the contrary.