GENERAL
In these conditions:
“Owner” means T J Waste & Recycling Limited.
“Hirer” means the person or company using the services of the Owner in respect to the hire of skips and disposal of contents or sale of materials.
“Vehicle” means the vehicle which is delivering or collecting the skip which is the subject of the contract.
“Driver” means the driver of the Vehicle.
“Site” means the place where the skip is deposited on the direction of the Hirer.
These conditions apply to all skip hire contracts with the Owner. The booking, instruction to deliver or use of the skip (including the placing of any object in the skip) by the Hirer or anyone acting on their behalf, whichever is earliest, indicates acceptance of these conditions. The Owner may without prior notice collect the skip at any time should any of these conditions be breached.
The Hirer’s attention is drawn to the limitation of liability below and in conditions 1, 2 and 4.
A signature is not required upon any documentation as proof of delivery or collection of skips or goods; however these terms and conditions still apply.
These conditions may not be altered or to varied unless authorised in writing by the Owner.
The Owner will use its reasonable endeavours to comply with the Hirer’s requirements.
The Owner will not be liable in any way for any delay or failure to perform its obligations, or any loss, damage or delay incurred by the Hirer resulting from circumstances beyond the Owner’s reasonable control which will include, without limitation, labour disturbance, accident, failure of services, breakdown of plant or machinery, fire or flood, acts of God, unforeseen or abnormal conditions or by any act or neglect on the part of the Hirer.
SKIP HIRE
1. Drivers are instructed not to drive over footpaths, drives, grass verges or other soft or landscaped ground and not to lift skips over walls/fences or other barriers or obstructions nor to place skips onto raised embankments. Should the Hirer request the Driver to do so and damage is caused (other than death or personal injury due to the negligence of the Owner) the Owner will not be liable and should damage be caused to the Owner’s Vehicle the Hirer will be responsible. The Hirer is advised to protect paving slabs, manhole covers and other protective or superficial covers as boards are not provided by the Owner. Vehicles have access criteria as follows: entrance at least 3.10 m wide, 3.90 m high; an access and Site surface capable of withstanding 18.00 tonnes; and a safe and adequate turning / manoeuvring / working area. Should the access criteria be less than above, the Hirer shall be responsible for any damage caused. The Hirer undertakes to direct the Driver where to deposit the skip, the Driver being for the purpose of such deposit the agent of the Hirer.
2. Except as specifically otherwise agreed in writing the Owner shall be under no obligation to deposit the skip anywhere other than on a highway. The Hirer shall keep the Owner indemnified against any claim, demand or penalty arising out of the presence of the skip (except for personal injury or death due to the negligence of the Owner).
3. The Hirer shall direct the Driver where to deposit or pick up the skip.
4. Where the Driver is directed to deposit or pick up the skip on or from a Site which is off a highway the Owner shall be under no liability whatsoever to the Hirer for any damage caused whilst the Vehicle is off the highway other than such as might have been caused by negligence on the part of the Driver. Without prejudice to paragraph 2 above, the Hirer shall keep the Owner indemnified against any claim or demand which could not have been made had the Driver not been so directed. The Hirer will compensate the Owner for any damage to the Vehicle or the skip 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.
5. The Hirer shall ensure that all 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 before he directs the Driver to deposit the skip. The Owner can organise permits on behalf of the Hirer (at least 24hrs prior notice required) from the relevant authority at an additional cost to the Hirer.
6. The Hirer shall not move the skip from the Site without the consent of the Owner. The responsibility for the skip remains with the Hirer until collected by the Owner’s Vehicle. Any skips which are removed whilst in the control of the Hirer will be charged at the entire replacement value.
7. The following must not be placed in the skips: asbestos, tyres, liquid containers/drums/barrels/cartons (even if empty), liquids, liquid paint, lead acid/vehicle batteries, gas cylinders, fridges/freezers, televisions, computer monitors/fluorescent tubes, any form of special, difficult or hazardous waste. Plasterboard must be segregated from other waste in the skip by either placing it on top of the other waste in the skip where it may be easily lifted off or placed into a dumpy bag which can be provided on request.
From the time the skip is deposited until it is picked up again by the Owner, the Hirer shall ensure that:
a) The skip is properly sited in accordance with the permission given.
b) The skip is properly lit during darkness. The Hirer is at all times responsible for the safeguarding and lighting of the skip. The Hirer must at all times take all reasonable precautions to guard the skip.
c) Fires are not lit in or near to the skip. The Hirer shall reimburse the Owner for any loss or damage whatsoever or howsoever caused to the skip by fire, accident, mechanical excavators or any other cause, whilst on hire to them.
d) The skip is filled no higher than the top of its sides. The Hirer is responsible for ensuring that at all times the skip is loaded safely and that the area around the skip is kept safe and tidy. Should the skip be found to be overloaded it is the Hirer’s responsibility to correct the situation. However the Owner reserves the right to remove any objects that it feels may jeopardize the safe transportation of the skip. Any extra costs incurred in removing, transporting or disposing of the contents of the skip will be charged to the Hirer. The Owner reserves the right to decline collection of overloaded skips. Excess charges are levied in the event of overloading.
e) The skip is not to be moved once placed on Site without prior consent of the Owner. The movement of skips on Site could result in the inability to collect the skip. The Hirer accepts responsibility for any damage or extra costs incurred due to the skip being moved.
8. Except as otherwise agreed in writing the Hirer shall fill the skip within the period of hire (hire period being 7 days unless agreed with the Owner) and shall inform the Owner in good time of its readiness for collection or replacement.
9. The Owner will remove or reposition the skip if required at any time to do so by a highway authority or a constable in uniform under section 140 of the Highways Act 1980.
10. Except as specifically otherwise agreed in writing the Owner agrees to dispose of the contents of the skip.
11. Non-account terms: Payment is due on delivery and to be made in accordance with the invoice or as otherwise agreed. Hire periods are up to 7 days, unless otherwise agreed by the Owner. Skips will not be removed from Site until payment is received in full.
Account Terms: Payment is due 30 days from the end of the month in which the goods or services are supplied and to be made in accordance with the invoice sent or as otherwise agreed. Credit arrangements are subject to the granting of approved credit accounts and are at the discretion of the Company. The Company reserves the right to insist upon payment before delivery if the Customer’s credit is not satisfactory or if payment of any sum owed by the Customer to the Company is overdue.
In addition, the Company reserves the right to charge the Customer 8% per annum above the base rate of the Company’s bank (at the time of acceptance) for overdue payments and to withhold further deliveries or to cancel any unexecuted portion of any orders with the Company. The company also reserves the right to charge the customer for any and all costs incurred by the Company recovering overdue payments. The Customer shall under no circumstances be entitled to withhold payment.
13. The maximum rental period is 14 days unless otherwise agreed with the owner. It is the responsibility of the Hirer to request the collection within this time. Failure to do so will result in an unannounced collection and/or rental charges being incurred.
14. The owner reserves the right to collect a fully loaded skip before the hire period has elapsed.
In the following Terms and Conditions, TJ Transport Ltd. are referred to as “the Company”, and the person, company or other legal entity to which the products or services are offered and provided will be referred to as “the Customer”.
Please note the limitations on liability contained in conditions 7 and 8.
1. CONDITIONS
The acceptance of any quotation by the Customer shall include acceptance of the terms and conditions described below. Any variation of these terms and conditions by the Customer is inapplicable unless accepted in writing by the Company.
2. QUOTATIONS
Any quotation shall be revocable at any time prior to acceptance and if not accepted shall lapse 30 days after the date of the quotation.
3. PAYMENT
Payment is due 30 days from the end of the month in which the goods or services are supplied and to be made in accordance with the invoice sent or as otherwise agreed. Credit arrangements are subject to the granting of approved credit accounts and are at the discretion of the Company. The Company reserves the right to insist upon payment before delivery if the Customer’s credit is not satisfactory or if payment of any sum owed by the Customer to the Company is overdue.
In addition, the Company reserves the right to charge the Customer 8% per annum above the base rate of the Company’s bank (at the time of acceptance) for overdue payments and to withhold further deliveries or to cancel any unexecuted portion of any orders with the Company. The company also reserves the right to charge the customer for any and all costs incurred by the Company recovering overdue payments. The Customer shall under no circumstances be entitled to withhold payment.
4. PRICE
Prices quoted are exclusive of V.A.T. The quoted price for the goods or services may be varied by the Company and the Customer shall pay the difference of any increase in the cost of labour and/or materials and/or transport and/or fuel, in addition to the quoted price.
5. DELIVERY
a) Delivery by the Company’s vehicles shall be made on the nearest good hard road to the site, which allows for adequate turning and manoeuvring space. If delivery is required at any point off a public road the Customer will be responsible for any resulting damage to the vehicle, roadway, pipes and/or property whatsoever. The Customer will be at all times responsible for unloading instructions and for their execution.
b) Should the Company’s vehicles be held on site for more than 30 minutes the Company shall be entitled to charge the Customer ‘waiting time’.
c) Any times, periods or dates quoted for the dispatch or delivery of goods or services by the Company are approximate only. They are not to be taken and are not intended to be agreed times, periods or dates imposing obligations on the Company to dispatch or deliver within or by such times, periods or dates. Delivery time is not of the essence.
d) The Company’s obligation shall be to dispatch or deliver within a reasonable time after the acceptance of any quotation. In assessing what is a reasonable time there shall be taken into account and full allowance shall be made in respect of the following factors affecting the Company, its subsidiaries, associated companies or suppliers, in favour of the Company:
1. The nature of the goods or services and the availability of supplies of raw materials;
2. Availability of labour plant and equipment;
3. Force majeure events such as: Acts of God, war, hostilities (whether war is declared or not) in any part of the world, riots, civil commotion, invasion, military or usurped power, Acts of Parliament, statutory instruments, and any Bye Laws or regulations of any Local Authority or of any statutory undertaking which comes in effect after the date of this quotation, strikes or lock-outs or industrial action (whether official or otherwise);
4. Breakdown of plant or equipment used in the production or delivery;
5. Road traffic accident or bereavement; and/or
6. Any other causes or circumstances beyond the control of the Company and/or its subsidiaries, associated companies or suppliers.
e) On any delivery the Customer shall: 1) satisfy itself as to the condition of the goods; 2) allow delivery of the goods when they come onto the site; 3) have a nominated authorised person available on site to sign the delivery note; 4) sign any record produced by the Company in respect of any delay after the arrival of the goods at the Customer’s site, standing time, authorised day-work or other records.
6. RISK AND EQUITABLE AND BENEFICIAL OWNERSHIP
Upon delivery, the risk in the goods shall pass to the Customer, but ownership shall remain with the Company until full payment has been received or until prior re-sale by the Customer in which case the Company’s entitlement shall attach to the proceeds of re-sale or to the claim for such proceeds.
Until ownership of the goods has passed from the Company, the Customer shall:
a) Mark the goods as the Company’s property (if not already marked as such);
b) Store the goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;
c) Not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
d) Maintain the goods in satisfactory condition;
e) Allow the Company access during normal business hours to the Customer’s premises to inspect the goods.
The Company may at any time:
f) Require the Customer to deliver up all goods in its possession that are owned by the Company;
g) If the Customer is unable to deliver up all goods promptly, enter the premises where the goods are stored in order to recover them.
In the event that the Customer in accordance with this agreement has placed the goods into the possession of any third party, the Customer shall procure that such third party will comply with the provisions of this Clause and will permit the Company to exercise its rights under this Clause.
Ownership of any returns shall revert to the Company.
7. LIMITATION OF LIABILITY AND SHORTAGE DEFECTS
a) If defects to the goods are established, and it is agreed that this is not due to wilful damage, negligence on behalf of the Customer, wear and tear, abnormal working conditions, misuse, contamination during storage at the delivery location or alteration to the goods by the Customer, the liability of the Company shall be limited to the free replacement by the Company of such goods.
b) No shortage in respect of goods which are sold by weight and are the subject of any quotation will be recognised unless properly weighed over a public weighbridge and certificates of weight produced within 24 hours after receipt of the goods which are alleged to be underweight.
The Customer shall notify the Company of any defects in writing within three working days of delivery failing which the goods will be deemed accepted and to specification. The Company will not be liable after acceptance for breakage or damage in, or caused to, the goods or for goods being of inferior quality, or not being of satisfactory quality or not being to specification or otherwise in respect of any discrepancies in the goods supplied.
Subject to these conditions, no warranty or representation given before or after acceptance on behalf of the Company, including any advice or assistance as to the use, application or performance of any goods supplied by the Company, shall be binding unless specifically incorporated in writing in the order. This does not apply to fraudulent misrepresentation.
8. CONSEQUENTIAL LOSS
Without prejudice to the generality of anything contained elsewhere in these conditions the Company shall not in any event be liable to the Customer for any indirect or consequential loss, damage or expense.
Without prejudice to the generality of anything contained elsewhere in these conditions the Company shall not in any event be liable to the Customer for any loss of profit or other economic loss.
9. CANCELLATION
All quotations are made subject to the availability of materials or services and the Company reserves the right to cancel in whole or part any order for materials or services to the extent that materials or services cease to be available.
The Customer cannot assign any of its rights or obligations under any contract to which these conditions apply without the prior written consent of the Company.
10. INSOLVENCY AND BREACH OF CONTRACT
The Company shall have the option to rescind the order or to suspend delivery should any of the following events occur:
a) A sum owed to the Company from the Customer becomes overdue;
b) The Customer is in breach of any of these conditions or another arrangement with the Company;
c) The Customer compounds or enters into any composition or arrangement to have a proposal made for a voluntary arrangement with its creditors; have a petition presented for the appointment of an Administrator or an Administrator be appointed; have a Receiver or Manager or Administrative Receiver appointed over all or any part of its assets; have a resolution passed for its voluntary winding up save for the purpose of amalgamation or reconstruction or call a Creditors Meeting for a Voluntary Liquidation or enter Voluntary Liquidation; be in receipt of an unsatisfied Statutory Demand or have a Petition presented for its winding up or be for any reason removed from the Registrar of Companies; or
d) Delivery does not take place for 15 working days from the quoted date due to one of the events given in condition 5d).
11. GENERAL
The Contract shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.
