Terms & Conditions for Skip Hire, Roll-on Roll-off Hire, Grab Hire, Tipper Hire and Aggregates Supplied - The Customer's attention is in particular drawn to the provisions of condition 10.4. and 17.
The definitions and rules of interpretation in this condition apply in these conditions.
"Customer" means the person, firm or company who hires Equipment from and/or disposes of Waste at the premises of, the Company;
"Company" means L Sheppard Group Ltd t/a North London Skip Hire (as such name may be changed from time to time), a company incorporated and registered in England and Wales with company number 7591819 whose registered office is at 3 Somerset Rd, Barnet, Herts EN5 1RP
"Contract" means any contract between the Company and the Customer for the hiring of Equipment and/or disposing of Waste, incorporating these conditions;
"Contract Price" means the price paid by the Customer under the terms of the Contract;
"Delivery Address" means the place where delivery and collection (as relevant) of the Equipment is to take place under condition 3;
" means any goods agreed in the Contract to be hired to the Customer by the Company (including any part or parts of them);
"Waste" means all waste as described by the Customer and as agreed by the Company and the Customer to be disposed of at the Company’s premises but in each case (at the Company’s discretion) excluding the following:-
substances hazardous to health such as toxic or corrosive materials or liquids;
any liquids of any kind whether contained or not;
cans, drums or other containers of any kind unless they are empty and crushed (so incapable of carrying liquid)
medical waste or animal carcasses of any kind or quantity;
any other material not listed above not within the Company’s waste licence or however considered unsuitable for containment eg: malodorous waste.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Words in the singular include the plural and vice versa and a reference to one gender includes a reference to the other gender.
Condition headings do not affect the interpretation of these conditions.
2 Application of Terms
The Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Equipment or the disposal of Waste shall have no effect unless expressly agreed in writing and signed by the Owner of the Company. The Customer acknowledges and agrees that it has not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
Each order or acceptance of a quotation for Equipment hire, Waste disposal or other services or goods by the Customer from the Company shall be deemed to be an offer by the Customer to buy such services or goods solely and exclusively upon and subject to these conditions.
No order placed by the Customer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Equipment to the Customer or permits Waste to be disposed of at the Company’s premises.
The Customer shall ensure that it complies with s34(1) Environment Protection Act 1990 in ensuring the description of the Customer’s Waste is complete and accurate.
Cancellations of orders for goods or services may only be accepted on such terms as the Company may deem fit.
3 Delivery of Equipment
Unless otherwise agreed in writing by the Company, delivery of the Equipment shall take place at the Delivery Address.
The Customer warrants that the person signing for the Customer at delivery shall be authorised to do so and to contractually bind the Customer.
Any dates and times specified by the Company for delivery of Equipment are intended to be an estimate and time for delivery shall not be of the essence. If no dates or times are specified, delivery shall be within a reasonable time.
Save as expressly provided to the contrary in these conditions, the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Equipment (even if caused by the Company's negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 30 days.
If for any reason the Customer fails to accept delivery of any Equipment when it is ready for delivery, or the Company is unable to deliver Equipment on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
the Equipment shall be deemed to have been delivered; and
the Company may either take the Equipment back to its premises and store the Equipment until delivery or hire the Equipment to a third person, whereupon the Customer shall be liable for all related costs and expenses and shall indemnify the Company from any liability in respect of the same.
The Customer shall provide at the Delivery Address and at its expense adequate and appropriate equipment and manual labour for loading and/or unloading the Equipment, and any operative of the Company engaged in loading and unloading the Equipment shall in so doing be deemed to be under the control and care of the Customer.
The Customer shall ensure free and suitable access to and from the Delivery Address and for ensuring suitable ground conditions for the delivery of Equipment. No responsibility will be accepted for damage to any surface over which the Equipment is moved to reach its destination and the Customer should therefore take steps to protect surfaces (paving, soft ground and the like) before delivery of Equipment.
If the Customer requires the Company’s driver to deliver Equipment off of the public highway then he shall do so entirely within his discretion, but if he does so this shall be entirely at the Customer’s risk and the Customer shall indemnity and hold the Company harmless against associated loss and damage.
The Company may deliver Equipment at separate intervals. Each separate interval shall be invoiced and paid for in accordance with the provisions of the Contract. Each interval shall be a separate Contract and no valid cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
The quantity of any consignment of Equipment as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
The Company shall not be liable for any non-delivery of Equipment (even if caused by the Company's negligence) unless the Customer gives written notice to the Company of the non-delivery within 3 days of the date when the Equipment would in the ordinary course of events have been received.
Any liability of the Company for non-delivery of Equipment shall be limited to replacing Equipment delivery within a reasonable time or issuing a credit note at the pro rata Contract Price rate against any invoice raised for such Equipment.
5 Use of Equipment/Legal Compliance
The Customer warrants that with respect to each item of Equipment ordered:
the permission of the Highway Authority has been duly obtained under s139 Highways Act 1980 (skip permit);
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 for Company to remove the Equipment;
the Customer will ensure the observation and performance at all times of all the conditions subject to which the aforesaid permission is granted and in particular will ensure that the Equipment is properly lit in hours of darkness;
the Customer will not remove the Equipment from the place where it was deposited without first obtaining both the written permission of the Company and the Highways Authority; and
unless specifically otherwise agreed in writing the Customer shall provide three marker cones by day and three marker cones plus six yellow lights on the Equipment during darkness as required by the Highways Act 1980 if the same is placed on the public highway (including grass verges and footpaths and pavements) or anywhere else where damage to property or injury to third parties is reasonably foreseeable.
The waste material to be placed in Equipment and/or disposed of at the Company’s premises is Waste and specifically falls within the meaning of "prescribed cases" under section 3 of the Control of Pollution Act 1974 and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976, or that the requisite licence has been issued under section 5 of the 1974 Act, and that the Waste does not come within the definition of "Special Waste" contained in the Control of Pollution (Special Waste) Regulations 1980.
All activities undertaken by the Customer which may be subject to regulation under the Section 34 Environmental Protection Act 1990, Environmental Protection (Duty of Care) Regulations 1991, the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 are fully compliant with the legislation and do not detrimentally affect the compliance of the Company with the same legislation.
The Customer shall comply with all relevant laws, regulations, ordinances, byelaws, licences, consents which shall be applicable and indemnify the Company against any loss or damage the Company may incur as a result of the Customer’s non-compliance or otherwise associated with the Customer’s custody of the Equipment or disposal of Waste.
Specifically the Customer shall not without the Company’s prior written consent:-
overload the Equipment;
set fire to any contents of the Equipment;
interfere with any mechanism of or otherwise modify or work on the Equipment; and
add, remove or disguise any sign, name plate or advertising on the Equipment.
The Equipment is and shall remain within the exclusive ownership of the Company and the Customer shall not sell, charge, sub-contract, rehire, lend, assign or part with possession of the Equipment at any time.
The Customer shall whilst Equipment is in its possession:-
hold the Equipment on a fiduciary basis as the Company's bailee and as such in a reasonably secure location
maintain the Equipment in satisfactory and serviceable condition and keep it insured on the Company's behalf for the full replacement value against all risks to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to the Company; and
promptly notify the Company of the loss, damage, theft or breakdown of any Equipment or of any accident or injury involving the Equipment.
The Customer's right to possession of the Equipment shall terminate immediately if:
the Customer has a bankruptcy order made against it or makes an arrangement or composition with its creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
the Customer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases or threatens to cease trading; or
the Customer encumbers or in any way charges any of the Equipment without the prior written consent of the Company; or
the Customer materially breaches the Contract and does not rectify such breach to the satisfaction of the Company within seven (7) days' notice from the Company specifying the relevant breach.
The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises and/or property (including, without limitation, the Delivery Address) where the Equipment is or may be stored and/or installed in order to inspect it, or, where the Customer's right to possession has terminated, to recover them.
On termination of the Contract, howsoever caused, the Company's (but not the Customer's) rights contained in this condition 6 shall remain in full force and effect.
Unless otherwise agreed by the Company in writing, the price for the Equipment or disposing of Waste shall be the Contract Price or, where no price is specified in the Contract, the price set out in the Company's price list published on the date of delivery or disposal.
The price for the Equipment or disposing of Waste shall (unless expressly stated to the contrary in the Contract or otherwise in writing by the Company) be inclusive of all costs or charges in relation to loading, unloading, carriage, servicing, processing but exclusive of any valued added tax or other taxes.
Subject to condition 8.4, payment of the Contract Price is due in pounds sterling and shall be paid by the Customer as follows (unless alternative payment terms are agreed in writing by the Company):
in advance of Contract where determined by the Company and communicated to the Customer; and
in all other cases within thirty (30) days of the date of an invoice.
Time for payment shall be of the essence.
No payment shall be deemed to have been received until the Company has received cleared funds.
All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.
If the Customer fails to pay the Company any sum due pursuant to the Contract, the Customer shall, at the sole discretion of the Company, be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of National Westminster Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Where an approved credit or debit card transaction has taken place and subsequent events create a payment shortfall then the Company may process the same card for the balance due.
9 Specific Waste Disposal Terms
All drivers and personnel of the Customer or its agents shall:-
report to the Company’s site office weighbridge on arrival prior to disposing of Waste;
send in a completed Conveyance Note and shall complete all documentation required by the Company before proceeding to the tipping area for disposing of Waste;
operate under the direction of the site personnel and comply with their directions at all times Provided such directions shall not relieve the Customer of any other obligations under the Contract (including but not limited to those in conditions 5.2, 5.3 and 5.4;
comply with all Health and Safety rules and regulations. Those persons breaching the same may be banned from the site.
It is the responsibility of the drivers of vehicles delivering Waste to satisfy themselves that access to the tipping area is in a suitable condition for the relevant vehicle. The Company gives no warranty that access is in a suitable condition and accordingly shall be under no liability in respect of any damage caused to delivery vehicles or any losses resulting from such damage or any losses whatsoever due to the condition of the tipping area.
The vehicles and personnel of the Customer shall not at any time stray off of the access roads and pathways on site and shall follow relevant signs.
Without prejudice to the Customer’s legal responsibilities in relation to the same, all Waste disposed of at the Company’s premises shall become the Company’s property.
10 Limitation of Liability
Subject to inconsistent earlier conditions, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
any breach of these conditions;
any use made by the Customer of the Equipment, or the disposal of Waste at the Company’s premises; and
any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions excludes or limits the liability of the Company:
for death or personal injury caused by the Company's negligence; or
for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
for fraud or fraudulent misrepresentation by the Company.
Subject to condition 10.2 and condition 10.3:
the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the lower of the Contract Price or the sum of one hundred thousand pounds sterling (£100,000); and
the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The Company may assign the Contract or any part of it to any person, firm or company.
The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
12 Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Equipment ordered by the Customer or to prevent Waste disposal (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock- outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of six (6) months, the Customer shall be entitled to give thirty (30) days notice in writing to the Company to terminate the Contract.
Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
14 Data Protection
Under the Data Protection Act 1998, we must tell you that we hold your details on our database. We may, from time to time, use these details to send you information which we think might interest you. If you do not want to receive information from us, please write to the Chairman of the Company.
15 Intellectual Property
All intellectual property rights in or associated with the Company’s Equipment, sites, methods, processes, names and business reputation are specifically retained by the Company and the Customer shall acquire no right or licence in the same by virtue of the Contract or otherwise.
All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
(in case of communications to the Company) to its registered office or such changed address as shall be notified to the Customer by the Company; or
(in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Customer.
Communications shall be deemed to have been received:
if sent by pre-paid first class post, two business days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
if delivered by hand, on the day of delivery; or
if sent by fax on a working day prior to 4.00 pm, at the time of transmission. Communications addressed to the Company shall be marked for the attention of the Chairman.
17 Standard additional charges (Skips, Rollonoffs, Grab and tipper services)
All skip, rollonoff, and prices include 30 minutes statutory waiting time. Any additional time will incur a cost of £60.00 per hour or part thereof.
Wasted Journeys - Additional charges
Skip and cage lorry: £50 per wasted journey
Rollonoff and compactor vehicle: £100 per wasted journey
Crane Rated - Additional charges for Skip
Crane rated skips carry an additional £10 surcharge