Terms and Conditions
In these Conditions “owner” means Shorts Group Limited; “hirer” means the person hiring the skip; ”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; “the site” means the place whether on or off the highway where the skip is deposited.
The Owner enters into contracts with the Customer for the hire of skips upon the following conditions:
1. The Owner shall ensure that the skip is clearly and indelibly marked with the Owner’s name and telephone number or address.
2. It shall be the Owner’s responsibility to ensure compliance with any condition imposed by a highway authority relating to the marking of the skip with reflective paint.
3. The Owner will remove or re position the skip if required by a highway authority or a constable in uniform under Section 140 of the Highways Act 1980.
4. Except as specifically otherwise agreed in writing the title to and the contents of the builders skip passes to the Owner at the time of loading the skip onto the vehicle provided that the provisions of Condition 12(a) have been satisfied.
5. Except as specifically otherwise agreed in writing, the Owner shall be under no obligation to deposit the skip elsewhere than on the highway.
6. The Owner shall use his best endeavours to comply with the Customers requirements but can accept no responsibility for the failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the Owner’s control or any unforeseen or abnormal conditions, or by an act or neglect on the part of the customer.
7. 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 Customer shall be liable for a reasonable demurrage.
8. Where the driver is directed to deposit or pick up the skip on or from a site which is off a highway:
(a) the Owner shall be under no liability whatsoever to the Customer for any damage howsoever caused whilst the vehicle is off the highway:
(b) without prejudice to the generality of Condition 14 the Customer shall subject as above save harmless and keep the Owner indemnified against any claim or demand which could not have been made had the driver not been so directed; and
(c) the Customer will compensate the Owner for any damage to the vehicle or the skip which would have not occurred had the driver been so directed and which is not due to any negligent driving on the part of the driver.
9. No agent or employee of the Owner is permitted to alter or to vary these Conditions in any way or to give any consent there under unless he is authorised in writing by the Owner to do so.
10. The Customer shall ensure that all permissions required before the skips can be deposited on the site including the permission required under the Highways Act 1980, have been or will be obtained, before the Customer directs the driver to deposit the skip. The permission shall remain in force until the skip has left the site.
11. The Customer shall direct the driver where to deposit or pick up the skip. The Customer shall not move the skip from the site without the consent of the Owner.
12.The Customer shall insure that: no waste to which the Control of Pollution (Special Waste) Regulations 1980 No.1709 apply will be placed in the skip without the written consent of the Owner; andnotwithstanding 12(a) above if any waste to which the said Regulations apply is placed in any skip the Customer shall immediately give the notices required by this Regulation and within the regulation time limit send the copies of the Consignment Note to the Owner.
Please ask the Owner if you are in doubt.
13. The Customer shall ensure that from the time that the skip is deposited until it is picked up again by the Owner: it is properly sited in accordance with the permission given; it is properly lit according to the Highways Act 1980 provision during the hours of darkness and unsatisfactory visibility (please note that un-illuminated skips are like unlit holes in the ground);it is filled no higher than the top of the sides; it suffers no damage other than fair wear and tear;no fires are lit in it;it is properly marked with the required number of cones.
14. The Customer shall save harmless and keep the owner indemnified against any claim, demand or penalty arising out of the presence of the skip on the site and which could not have been made or inflicted had the skip not been placed on the site. If in doubt ask your Insurance Company whether you have satisfactory cover.
15. Except as specifically otherwise agreed in writing, the Customer shall fill the skip within the period of hire and shall inform the Owner by one clear working day’s grace of it’s readiness for collection or replacement.NB – Cones and lighted lamps must be adjacent to a skip on the highway where there is unsatisfactory visibility and particularly at night.
16. THE DRIVER HAS THE RIGHT TO REMOVE ALL WASTE HE CONSIDERS TO BE ABOVE A NORMAL LOAD, AS DIRECTED IN CONDITION 13(3). An overweight or overloaded skip is a hazard and illegal. The lorry may struggle to lift the skip, it can be dangerous to other people as the skip is being lifted or transported. The contents of a skip and the lorry should not exceed the vehicles gross vehicle weight. If your skip is deemed to be overweight or overloaded, the skip lorry driver reserves the right to refuse to remove the skip altogether until the contents are removed. You may incur a wasted journey charge.
All invoices are due for payment 30 days from the invoice date. Any invoice outstanding beyond this period will be referred to Top Service Ltd and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
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