Terms and Conditions
This Contract is for the provision of waste equipment and waste related services, the hire of items and accessories, plant, to the hirer, the contracting party, as detailed in the quotation or order acknowledgement . These terms and conditions shall apply to the hire of the equipment and the plant between skips r us and the hirer. The parties to the contract are the hirer and Skips R Us ltd whose registered offices at 132a Concession road Culloville, Newry BT35 9JE Northern Ireland. ‘waste’ means the waste described by the hirer and agreed by Skips R Us ltd. To be removed from the hirers site or premises, but 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 emptied and crushed; so incapable of carrying any liquid; medical waste of animal carcasses of any kind or quantity; and/or any other material not listed above however considered unsuitable for containment.In accordance with The Controlled Waste Regulations Northern Ireland 2002, anyone found intentionally placing ‘non-permited’ waste into your skips or our own, will be liable for all costs incurreed for its testing, removal etc. once discovered during waste acceptance criteria checks. Section 34 (1) of the Environment Protection Act 1990 requires that a description of the types of wastes be given, the description must provide enough information to enable subsequent holders to avoid mismanaging the waste, this description must be given to Skips R Us at the time of booking each individual skip. Acceptance of the equipment or the plant on site by the hirer or its delivery on site in accordance with the hirers instructions signifies acceptance of these terms and conditions unless other wise agreed in writing. Skips R Us ltd may terminate the contract and repossess the equipment and/or the plant without affecting any rights to recover monies due, damages for breach of contract or other remedies where the hirer is in breach, late payment or is involved in insolvency or liquidation proceedings. These terms and conditions do note and will not affect the hirers statutory rights These terms and conditions shall be governed and construed according to the laws of Northern Ireland.
USE OF THE EQUIPMENT ON THE HIRERS SITE
The hirer will conform with all statutory enactments and regulations by byelaws and regulations of local or other statutory authorities that apply to the equipment or the waste. The hirer shall not: place or cause to be placed in the equipment anything other than waste; overload the equipment. Section 34 of the environment act a990 states that any person who produces waste is bound by a duty of care, to prevent the escape of waste, that is to contain it. Equipment must therefore not be overloaded above its maximum capacity. In the case of a skip, that is, not higher than the sides of the skip. It is illegal to transport overloaded skips; set fire to the contents of the equipment; interfere with the mechanism of the equipment; add or attach to the equipment any painting, sign writing, lettering or advertising; remove, deface or conceal any name plate or mark indicating the owner of the equipment and afford at all reasonable times access to the equipment to inspect or repair such name plates or marks; or move the equipment from its point of delivery on site by any method whatsoever.
The stated hire charges on the order of the order acknowledgement are for the duration of the contract and include Saturdays, Sundays and public holidays. Hire charges include carriage and delivery. A maximum of 30 minutes attendance by the delivery vehicle at the address specified by the hirer. The Hirer will pay for any further time at £45/hour. Abortive carriage charges may be levied when delivery or collection has not been possible when undertaken in accordance with the hirers instructions. Where an approved credit card or debit card transaction has taken place and subsequent payment shortfalls arise, such as unsuitable waste, overloaded skips, or overdue returns, Skips R Us may process for payment the balance due. Similarly, Skips R Us ltd may process part payments at interim stages of the contract. Once an order is placed with Skips R Us, a minimum cancellation period of 24 hours is required, where 24 hours notice of cancelation is not given Skips R Us reserve the right to charge full costs as originally agreed with no refunds. No negotiations will be entered into.
Payment terms for authorised credit customers are 14 days net from the date of the invoice. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, Skips R Us reserves the right to charge interest on late payment of commercial debt at base rate plus 8%. The hirer will pay all monies outstanding, on demand including penalties and interest on amounts overdue and will be liable for reasonable legal charges incurred by Skips R Us in the recovery of the equipment, the plant or the amounts due.
LOADING AND UNLOADING THE PLANT
The hirer shall be responsible for the unloading and loading of the equipment at the hirers site. A driver who helps load or unload the Plant is deemed to be an employee of the hirer. The hirer shall not move the skip from the site without consent of the owner (a) the hirer shall ensure that no waste to which section 3(1) of the Deposit of Poisonous Wastes Act 1972 Applies will be placed in the skip without the written consent of the owner. (b) If any waste to which said section applies is placed in any skip the hirer shall immediately give notices required by said section and send copies of such notices to the owner. It shall be the hirers responsibility to ensure compliance with any condition imposed by a highway authority relating to the marking of the skip with reflective paint. Except as specifically otherwise agreed in writing the hirer shall fill the skip within the period of hire, 1 week, and shall inform the owner in good time of its readiness for collection or replacement. Except as specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.
RESPONSIBILITY FOR OPERATIVES
When an operative (competent person) is supplied with the plant, such person shall be under the direction and control of the hirer. The operative shall for all purposes connect with such employment be regarded as the servant of the hirer who alone shall be responsible for all claims arising in connection with the delivery, preparation or operation of the plant. Skips R Us Ltd shall have no liability for any loss or damage caused by any act or omission whatsoever of an operative or the consequences thereof. The hirer shall fully and completely indemnify Skips R Us Ltd in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connection with any act or omission of the operative whilst the hirer is responsible for him and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the operative.
RESPONSIBILITY OF PERSON SIGNING
The person signing on site warrants that he has the authority of the hirer to make the contract on the hirers behalf. Skips R Us shall be entitled to treat the hirer as contractually bound by these terms and conditions unless the hirer can demonstrate that there were no reasonable grounds to believe that such person had authority to bind the hirer.
DELIVERY OF GOODS IN ORDER
The person signing on site has been afforded an opportunity to inspect the plant that is deemed to be in good working order and wholly free from damage at the time of signature. If the hirer has accepted the plant on site, the plant is also deemed to be in good working order and wholly free from damage at the time of delivery. Any shortages of the plant must be notified to Skips R Us Ltd within 24 hours of the commencement of the hire and confirmed in writing within 72 hours. If the hirer fails to do this, hire charges will continue and the hirer may be responsible for the cost of replacing shortages.
LOST, NON-RETURNED, DAMAGED OR UNCLEAN EQUIPMENT AND THE PLANT
The hirer must immediately notify both Skips R Us Ltd and the police of any loss or theft of the equipment or the plant. If an item of equipment or the plant is reported stolen, it must be accompanied with an incident number obtained from the police in order to terminate the hire. When equipment or the plant is not returned or is returned incomplete, the liability of the hirer shall only cease when the hirer pays the manufacturers current list price for the missing or incomplete item of equipment or the plant. The hirer agrees to pay all costs incurred in rectifying the condition of the equipment or the plant if it is returned damaged, unclean or incomplete. In the case of the plant, hire charges will continue until such rectification is complete.
MAINTENANCE OF EQUIPMENT AND THE PLANT
The hirer shall ensure that equipment of the plant remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the equipment or the plant must be immediately notified to Skips R Us Ltd. Under no circumstances shall the hirer repair the equipment or the plant unless authorised. Such equipment or the plant must be returned for examination or when rectification elsewhere is requested, the hirer agrees to pay the carriage.
SECURITY OF EQUIPMENT AND THE PLANT
The hirer shall not sell or otherwise part with possession and/or control of the equipment or the plant and shall remain responsible for the equipment or the plant and its safe keeping during the hire period. Equipment or the plant must not be removed without the authority of Skips R Us Ltd from the address to which the equipment or the plant has been delivered. The hirer shall keep the site at which the equipment or the plant is located safe and secure.
ACCESS AND GROUND CONDITIONS
The hirer is responsible for the provision of free and suitable access to and from the site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the erection, operation and dismantling of equipment or the plant. No responsibility will be accepted for damage to any surface over which the equipment or the plant has been moved to reach its intended position of use and the hirer should therefore take steps to protect surfaces (paving slabs, soft ground
and the like) before delivery of the equipment or the plant.
HIRERS RESPONSIBILITY-THIRD PARTIES
The hirer shall fully and completely indemnify Skips R Us Ltd in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the equipment or the plant.
Skips R Us Ltd shall not be liable for any consequential losses, expenses, liabilities, claims or proceedings whatsoever caused by, or arising out of the late delivery, non-delivery, unsuitable or repossession of the equipment or the plant, or any breakdown or defect in the equipment of the plant.
INSURANCE AND NOTIFICATION OF ACCIDENTS
The hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the equipment or the plant. The hirer shall produce on demand to Skips R Us Ltd a copy of the policy or policies. The hirer shall hold on trust all policy proceeds in or towards satisfaction of the hirers obligations. If the equipment of the plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to Skips R Us Ltd by telephone and confirmed in writing.
PERIOD AND DETERMINATION OF HIRE
If the hirer is an individual within the meaning of the Consumer Credit Act 1974, the maximum period of hire shall be 1 week. Skips R Us Ltd shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the hire contract and to repossess the equipment or the plant.
RIGHT OF ACCESS
The hirer shall allow access to the equipment or the plant at all reasonable times for the purpose of inspection, maintenance, collection, replacement or reposition.
Should any of these terms be held to be invalid, such invalidation will not affect the validity of the remaining terms and conditions.
More than 3 days’ notice -10% of total hire charge
1-3 days’ notice -50% of total hire charge
Less than 24 hours’ notice -100% of total hire charge
Items not to be put in skips include:
Tyres, Household Waste, Paints, Asbestos, Fridges, Electrical Goods (WEE), Oil Filters, Oil, Flourescent Light Bulbs, Plasterboard.
DO NOT OVERLOAD!!!
It is the law not to fill a skip above the fill level. The driver reserves the right to refuse removal of the skip if the load level has been exceeded
Last Updated: 15 August 2016