Terms & Conditions
Envirowise Skip Hire Limited
TERMS & CONDITIONS OF SKIP HIRE
DEFINITIONS AND GENERAL
- "Equipment" means all equipment and accessories, plant and machinery which the SUPPLIER agrees to supply to the HIRER.
- "Supplier" refers to Envirowise Skip Hire Ltd and includes its successors and appointed representatives.
- Hirer" is the person, company, co-operation or public authority receiving the suppliers equipment on hire and includes the successors or personal representatives.
- "Vehicle" refers to the suppliers vehicle.
- The parties of this contract are the "hirer" and Envirowise Skip Hire Ltd of Unit 5 Enterprise Village, Burry Road, Llanelli, SA152DS.
- This contract shall be governed by and construed in accordance with the laws of England.
ENTIRETY OF CONTRACT
The complete Contract is the Particulars as set out overleaf or in the electronic contract supplied, these conditions and any other document which the parties agree in writing to incorporate by way of reference which may include conditions imposed by the owner of the Equipment if not Envirowise Skip Hire Ltd. These conditions have effect in substitution for and the exclusion of any conditions put forward by the Hirer.
WHEN THE CONTRACT COMES INTO BEING
The Contract shall come into being between the Hirer and the Supplier when the Hirer has placed an order, detailing his requirements and agreeing to be bound by these Conditions, and the Supplier has accepted the order.
RESPONSIBILITIES OF THE HIRER AND PERSON MAKING THE CONTRACT
The person making the Contract "agent" warrants that he has authority of the Hirer to make this Contract on the Hirers behalf and hereby agrees to indemnify the supplier against all losses and costs that maybe incurred by the suppliers if this is not so. The agent and Hirer jointly and severally hereby undertake to ensure that no-one uses the equipment who is not properly instructed in its safe and proper operation and to ensure that every user is in position of instructional material (if any) supplied by the Supplier will not allow the Equipment to be misused.
CONTAMINATED WASTE
The hirer must obtain permission in writing to place any contaminated or hazardous waste types into any skip. A detailed list of hazardous waste types can be found at www.environment-agency.gov.uk
- RESTRICTED MATERIAL
- Fridges, Freezers, Tyres, Paint Cans, Electrical and Electronic Equipment, Asbestos, Clinical or Medical Waste, Florescent Tubes, Solvents, Liquids, Oil, Batteries, Plasterboard (max 10% of load), Hazardous or Toxic Material, Gas Cylinders.
- The Hirer will be responsible to pay surcharges where any of the above items have been placed in the equipment without prior written permission from Envirowise Skip Hire Ltd.
- RESTRICTED MATERIAL
WHEN SIGNATURE FOR RECIEPT OF EQUIPMENT BECOMES EFFECTIVE
Where, for administrative convenience, the Hirer or his agent is requested by the Supplier to sign for the receipt of the equipment before the Equipment is handed over, the Hirer or his agent will examine the Equipment at the time of the physical handover and the effect of such signature shall not become effective until immediately after the physical handover.
RESPONSIBILITY OF HIRER
The Hirers warrant with respect to equipment ordered to be placed on the road/highway:
- That the permission of the Highway Authority has been duly obtained Section 139 Highways Act 1980 (skip permit obtained).
- That the said permission will be kept in force by the extension or renewal as necessary until either the equipment is removed or until the expiry of three working days after notice is given to us to remove the equipment.
- That they will ensure the observation and performance at all times of all of the conditions subject to which the aforesaid permission is granted and in particular will ensure that the equipment is properly lighted throughout the hours of darkness.
- That they will not remove the equipment from the place where it is sighted without first obtaining both the written permission of the Highways Authority and Envirowise Skip Hire Ltd.
- That they will ensure that at the time of collection there is clear and adequate access at one end of the equipment of not less than 30 feet to enable the vehicle safe access to effect the collection and the removal of the equipment.
- Unless specifically otherwise agreed in writing, the Hirer shall themselves provide three marker cones by day and three marker cones plus six yellow lights on the equipment during the hours of darkness as required by the Highways Act 1980 if the same is placed on the Public Highway (including grass verges and footpaths or pavements) or anywhere else where damage to property or injury to third parties is reasonably foreseeable.
- The Hirer warrants that (a) the waste material 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 1976 regulations") and any subsequent regulations issued by the Secretary of State for the Environment under the1974 Act which are in force on the date of the removal of each item of loaded equipment (b) or that the requisite licence has been issued under Section 5 of the Act and (c) that the waste material to be removed or disposed of in the equipment does not come within the definition of "Hazardous Waste" contained in the Control of Pollution (Hazardous Waste) regulations 1980 (for excluded material refer to section 5). (d) All activities undertaken by the Hirer which may be subject to regulation under the Duty of Care (Section 34) of The Environmental Protection Act (1990) are fully compliant with the legislation and do not detrimentally affect the compliance of Envirowise Skip Hire Ltd and the said legislation. (e) Hirers requesting or ordering vehicles delivering or collecting equipment to leave the highway shall reimburse Envirowise Skip Hire Ltd in full in respect of any loss, costs, claims, damages or expenses we may thereby sustain whether it is a result of damage to the vehicle, equipment or property of the Hirer or third party including damage to the road, margins or pavements. (f) The Hirer shall reimburse Envirowise skip Hire Ltd in respect of any loss or damage to the equipment whilst on hire to them from whatsoever cause the same may arise (fair wear and tear excepted). The Hirer shall also fully indemnify Envirowise Skip Hire Ltd in respect of any claim for injuries to persons or property arising out of the use of the equipment whilst on hire to them howsoever the same may be caused or arise.
- In particular the Hirer undertakes to: (a) Not to light fires in the container or to burn anything therein. (b) Not to place any corrosive acid or noxious substance nor liquid cement in the equipment. (c) To ensure that the equipment is not filled above the level of the sides thereof. (d) To pay all the extra expense and costs including for new equipment which may result from non-observance of the aforesaid.
- The Hirer agrees to give two clear working days notice to terminate the hire of equipment and undertake to fill the equipment within the period of the licence granted where applicable under the Highways Act and to give Envirowise Skip Hire Ltd such notice of its availability of collection.
- In the event of the Highway Authority or the Police exercising their powers to, or to cause us to light, move or remove the equipment during the period of hire the Hirer is responsible for all costs thereby incurred.
- The hire cost includes 10 days hire (including day of delivery) unless otherwise agreed in writing. Envirowise Skip Hire Ltd reserve the right to charge rental for any extra days and /or collection of the equipment once the 10 day hire period has expired. The Supplier is not required to give prior notification to remove the equipment once 10 days has expired.
REMOVAL OF EQUIPMENT
Equipment must not be removed from any site originally specified by the Hirer or from any subsequently authorized site without the authority of the Supplier.
CONSEQUENTIAL LOSSES
- Envirowise Skip Hire Ltd shall not be liable for any consequential losses, expenses, liabilities, claims or proceeding howsoever caused by, or arising out of the late delivery, non delivery, collection or unsuitability of the equipment.
- The Hirer shall be responsible for ensuring sufficient access to the site. Should the vehicle be unable to deliver due to restrictions with access howsoever caused. The Hirer will be deemed to be responsible and will be responsible for the cost of the failed delivery which will be no less than 50% of the cost of hire.
INSURANCE AND RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
The Hirer agrees to pay the Supplier the full replacement cost of any equipment which is lost or stolen or damaged beyond economic repair and should insure the goods on this basis. If the contract so provides the Hirer shall insure the equipment and produce evidence of such insurance to the Supplier before the goods are delivered. All monies received by the Hirer from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any Equipment shall, to the extent that any payment is due to the Supplier under this condition be held in trust by the Hirer and paid to the Supplier on demand. The Hirer shall not compromise any claim without the expressed consent of the Supplier.
DETERMINATION OF HIRE
If the Hirer makes default in punctual payment of all sums due to the supplier for hire of Equipment or other charges or shall fail to observe and perform the terms and conditions of this contract, or if the Hirer shall suffer any distress or execution to be levied against him or propose to make any arrangement with his creditors or being a Company, shall go into liquidation (other than member’s voluntary liquidation) or shall do or shall cause to be done or permit or suffer any act or thing whereby the Supplier’s rights in the Equipment may be prejudiced or put into jeopardy, this Agreement shall forthwith be terminated and it shall thereupon be lawful for the Supplier to take possession of the Equipment and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this condition shall not affect the right of the Supplier to recover from the Hirer any monies due to the Supplier under the Contract or damages for breach thereof.
RIGHTS OF ACCESS
The Hirer hereby authorises the Supplier (upon production of this document) to enter upon any land or premises wherein the Supplier reasonable believes any Equipment or any part thereof to be, and in so far as the Supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
RIGHTS RESERVED
Any failure by the Supplier to enforce any or all these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
COMPLIANCE WITH GOVERNMENT REGULATIONS ETC
The Hirer shall comply with every statute and any notice or order from a Government Department or local public regulatory or other authority relating to the possession, maintenance and use of the Equipment and to indemnify the Supplier in the event of any breach.
SEPARATE TERM VALIDITY
Should any term in this Contract be held invalid such invalidation shall not affect the validity of the remaining terms. Headings in these conditions are for reference purposes only and shall not affect the interpretations of these conditions.
INVOICE ERROR OR OMISSIONS
All error or omissions in invoices must be raised within fourteen (14) days of invoice date or then will be deemed waived.
PAYMENT
Payment of invoices is required within 30 days following the date of invoice for account customers. We reserve the right to charge interest at 2% per calendar month (and proportionally for part months) on late payments. Non account customers will be required to pay by credit card in advance of supply to include a 2.5% handling charge.
