Safe Skips Hire Terms and Conditions

1.     Definitions:

     1.1     'Customer' refers to the person or entity that has requested the hire of Equipment from Safe Skips.

     1.2     'Equipment' refers to skips, containers, plant or goods that have been d from Safe Skips.

     1.3     'Site' refers to the place where the Equipment is to be deposited at the request of the Customer.

     1.4     'Owner' refers to Safe Skips (Safe Skip, 31 Pulford Drive, Scraptoft, Leicester LE7 9UD).

     1.5     'Vehicle' refers to the Owner's vehicle.

     1.6     'Contract' means the Contract for the hire of the Equipment.

2.     Parties:

The parties to this Contract are the Customer and Owner.

3.     Basis of the Contract:

     3.1     Any quotation or estimate given by Owner is given in good faith but shall not become binding unless

     subsequently confirmed in writing by Owner.

     3.2     The prices quoted are based on best information available at the date of quotation and Owner reserves

     the right to vary the prices at any time without notice prior to accepting an order from the Customer.

     3.3     The Contract made between Owner and the Customer shall incorporate and be subject to these

     conditions. No variation to these conditions shall be binding unless agreed in writing between the Customer

     and Owner prior to the date of the Contract.

     3.4     Owner reserves the right to make changes in the specification of the Equipment which are required to

     conform with any applicable safety or other statutory requirements.

     3.5     The term of hire for any Equipment is 10 days, inclusive of the day of delivery. Hire in excess of 10

     days is only acceptable with Owner's written permission and will incur additional hire charges.

     3.6     When the Customer is an individual the hire will not be covered by the Consumer Credit Act 1974 (as

     amended) because the duration of the hire shall not exceed 3 months.

     3.7     Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be

     excluded or limited due to the Customer acting as a Consumer. Any provision which would be void under any

     Consumer Protection Legislation or other legislation shall, to that extent have no force or effect.

4.     Equipment use while on hire where not located on private property:

Wherever the equipment is not placed on private property the Customer undertakes that

     4.1       The permission of the Highway Authority has been duly obtained under Section 139 Highways Act

     1980 (Skip permit obtained).

     4.2     That the permission will be kept in force by the extension or renewal of a license as necessary until

     either the Equipment is removed or until the expiry of 3 working days after notice is received by Owner to

     remove the container.

     4.3     That the Customer will ensure the observation and performance at all times of all the conditions subject

     to which the aforesaid permission/license is granted and in particular will ensure that the Equipment is

     properly lit throughout the hours of darkness.

     4.4     That the Customer will not remove the Equipment from the place where it is deposited without first

     obtaining both the written permission of the Highways Authority and Owner.

     4.5     That they will ensure that at the time of collection there is a clear space at one end of the Equipment of

     not less than thirty feet to give the vehicle sufficient access to effect collection and removal. In the event that it

     proves impracticable to deliver or collect Equipment because of inadequate access to the Equipment, the

     Customer shall be liable to pay Owner the abortive delivery or collection costs incurred.

     4.6     Unless otherwise agreed in writing, the Customer shall provide three marker cones by day and three

     cones plus six yellow lights on the Equipment during the hours of darkness as required by the Highways Act

     1980 if the Equipment 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.

5.  Warranties given by Customer for Equipment on hire:

The Customer warrants that:

     5.1     The Customer will take reasonable care of the Equipment and only use it for its intended purpose in a

     safe and correct manner and will notify Owner immediately after any loss or damage to the Equipment.

     5.2     The Customer will take adequate and proper measures to protect the Equipment from theft, damage or

     any other risks.

     5.3     The Customer will notify Owner of any change in its address and upon request provide details of the

     location of the Equipment and permit Ownere at all reasonable times to inspect the Equipment including

     procuring access to any property where the Equipment is situated.

     5.4     The Customer will keep the Equipment at all times in its possession and control and will not remove

     the Equipment from the United Kingdom without the prior written consent of Owner.

     5.5     The Customer will not continue to use the Equipment if it has been damaged and will notify Owner

     immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property

     or injury to any person.

     5.6     The Equipment will be returned by the Customer in good working order and condition (fair wear and

     tear excepted)

     5.7     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 1974 Act) and Regulation 4 of

     the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as the 1976

     regulations) and any subsequent Regulations issued by the Secretary of State for the Environment which are in

     force on the date of the removal of each loaded container; OR

     5.8     The requisite license has been issued under Section 5 of the 1974 Act; AND That the requisite license

     has been issued under Section 5 of the 1974 Act; AND that the waste material to be removed or disposed of

     on the Equipment does not come within the definition of Hazardous Waste contained in the Hazardous Waste

     (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005.

     5.9     All activities undertaken by the Customer which may be subject to regulation by virtue of any applicable

     duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant

     with the legislation and do not detrimentally affect the compliance of Owner with the said legislation or in any

     way render Owner liable under Section 33 of the said Act or otherwise liable.

     5.10     No fires will be lit in the Equipment nor anything burned therein

     5.11     No corrosive acid or noxious substance nor liquid cement or concrete will be placed in the Equipment.

     5.12     The Equipment is not filled above the level of the sides thereof. In the event that Owner is unable to

     collect the Equipment owing to overloading of the Equipment, the Customer shall pay Owner the abortive

     costs of collection incurred by Owner.

     5.13     No Restricted Material will be deposited in the Equipment which shall include but not limited to the




               Paint Cans



               Clinical/Medical Waste

               Fluorescent Tubes






               Hazardous Material

               Toxic Material

               Gas Cylinders

     (Surcharges will apply where any of these items have been deposited without the prior permission of he


     5.14.     If the Equipment is returned in a damaged, unclean or defective state (except where due to fair wear

     and tear), the Customer shall be liable to pay Owner for the cost of any repair and/or cleaning required to

     return the Equipment to a condition fit for re-hire and the Customer will continue to pay the hire charges until

     such repairs and/or cleaning have been completed.

     5.15     The Customer will pay Owner the replacement cost on a new for old basis of Equipment which is lost,

     insurance taken out in accordance with these conditions. The Customer shall further pay to Owner the hire

     charges for the Equipment until Owner has been paid the amount representing the replacement cost of the


6. Indemnities given by Customer in relation to Equipment on hire:

The Customer agrees that it shall indemnify Owner in respect of all losses suffered by Owner as a consequence of:

     6.1.     The Customer's requirement for the Owner or its subcontractors to use Vehicles to deliver or collect the

     Equipment off road and damage is caused to the Vehicle, to the Equipment or to property of any third party

     or of the Customer and including damage to road margins and pavements unless the damage is caused by the

     negligence of the driver of the Vehicle.

     6.2     Damage to or loss of the Equipment while on hire to the Customer which shall include damage

     howsoever caused but excepting fair wear and tear.

     6.3     All claims for injuries to persons or damage to property arising out of use of the Equipment while on


     6.4     Any breach of these Conditions by the Customer.

7.  Limitation of Liability of Owner

     7.1     All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality

     and/or adequacy are excluded to the fullest extent permitted by law.

     7.2      If Owner is found to be liable in respect of any loss or damage to the Customer's property, the extent

     of their liability will be limited to the retail cost of replacement of the damaged property.

     7.3     The Customer shall give Owner a reasonable opportunity to remedy any matter for which Owner is

     liable before the Customer incurs any costs and/or expenses in remedying in the matter itself.  If the Customer

     does not do so, Owner shall have no liability to the Customer.

     7.4     Owner shall have no liability to the Customer to the extent that the Customer is covered by any policy of

     insurance arranged as a result of the Contract and the Customer shall ensure that the Customer's insurers

     waive any and all rights of subrogation they may have against Owner.

     7.5     Owner shall have no liability to the Customer for any consequential losses (including loss of profits and

     or damage to goodwill), economic and /or other similar losses, special damages and indirect losses or for

     business interruption, loss of business or loss of opportunity.

     7.6     Owner shall use its best endeavours to ensure the Equipment arrives when the Customer requires delivery.

     Any approximate times given by Owner are estimates only and Owner shall not be liable for any delay in

     delivery of the Equipment howsoever caused. Time for delivery of the Equipment shall not be of the essence

     unless previously agreed in writing by Owner.

     7.7     Owner shall not in any event be liable to the Customer or be deemed to be in breach of the Contract by

     reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if

     the delay or failure is due to any cause beyond Owners reasonable control.

     7.8     Nothing in this Contract shall exclude or limit the liability of Owner for death or personal injury due to its

     negligence or any other liability which it is not permitted to exclude or limit as a matter of law.

8. Price and Payment:

     8.1     The price quoted by Owner is exclusive of VAT and any other taxes and the cost of delivery and any

     other matters all of which may be charged in addition. In the event of any variation to the order placed by the

     Customer, Owner shall be entitled to adjust the price to reflect the costs involved and to adjust delivery dates as


     8.2     Time for payment shall be of the essence of the Contract. If there is any evidence that the Customer is

     insolvent, then without prejudice to any other rights or remedies of Owner, Owner shall be entitled to:

          8.2.1     Terminate the Contract and/or suspend any further deliveries to the Customer.

          8.2.2     Charge the Customer interest (both before and after Judgment) on the amount unpaid at the rate

          prescribed by the Late Payment of Commercials Debts (Interest) Act 1998.

     8.3     In the event that Owner issues legal proceedings for the recovery of debt due to it, the Customer

     hereby agrees to indemnify Owner in respect of all legal costs incurred with Owner's solicitors on a solicitor

     and own client basis.

     8.3     Any payment made by the Customer shall be deemed conclusive proof of entitlement to payment for

     the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.

9. Cancellation and Refund:

     9.1     Customer may cancel Customer's order for equipment at any time before Owner despatches the

     equipment to Customer or Owner starts incurring any costs by giving Owner notice

     9.2     If Customer cancels an order under paragraph 9.1 and Customer has made any payments in advance for

     equipment that has not been delivered to Customer, Owner will refund those amounts to Customer.

10. Termination by Notice:

     10.1     If the period of hire has a fixed duration neither the Customer nor Owner shall be entitled to terminate

     the Contract before the expiry of that fixed period unless agreed with the other party.

     10.2     If the period of hire does not have a fixed duration either the Customer or Owner is entitled to

     terminate the Contract by giving to the other party any agreed period of notice.

     10.3     If no period of notice has been agreed or specified the Customer or Owner shall be entitled to

     terminate the hire of the Equipment by giving not less than 3 days notice in writing to the other party.

11. Default:

If the Customer:

     11.1     Fails to make any payment to Owner when due.

     11.2     Breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the

     breach within 14 days of receiving notice requiring the breach to be remedied.

     11.3     Persistently breaches the terms of the Contract.

     11.4     Provides incomplete, materially inaccurate or misleading facts and/or information in connection with

     the Contract

     11.5     Pledges, charges or creates any form of security over any Equipment on hire or ceases or threatens to

     cease to carry on business or proposes to compound with its Creditors, applies for a interim moratorium in

     respect of claims and/or proceedings or has a Bankruptcy Petition presented against it, or being a company,

     enters into Voluntary or Compulsory Liquidation, has a Receiver, Administrator or Administrative Receiver

     appointed over all or any of its assets, any Attachment Order is made against the Customer or any distress

     execution or other legal process is levied on any property of the Customer.

     11.6     Appears reasonably to Owner to be about to suffer any of the above events. Then Owner shall have the

     right without prejudice to any other remedies to exercise any or all of the rights set out in Clause 11.8 below.

     11.7     If any of the events set out in Clauses 11.1 to 11.6 inclusive occur in relation to the Customer then:

          11.7.1  Owner may enter, without prior notice any premises of the Customer (or premises of third parties

          with their consent) where Equipment on hire is located and repossess the Equipment.

          11.7.2  Owner may withhold further performance of the Contract.

          11.7.3  Owner may cancel, terminate and/or suspend without liability to the Customer the Contract and /or

          any other Contract with the Customer.

          11.7.4  All monies owed by the Customer to Owner shall immediately become due and payable.

          11.7.5  Any repossession of Equipment on hire shall not affect Owener's right to recover from the

          Customer any monies due under the Contract and/or any damages in respect of any prior breach.

     11.8     Upon termination of the Contract the Customer shall immediately return Equipment to Owner or

     make the Equipment available for collection by Owner and shall pay all arrears for hire charges and any other

     sums payable under the Contract.

12. Risk and Title to Equipment:

     12.1     Risk in the Equipment will pass immediately to the Customer when they leave the physical possession or

     control of Owner or their agent.

     12.2     Risk in the Equipment hired will not pass back to Owner from the Customer until the Equipment is

     back in the physical possession of Owner or its agent. This shall apply even if Owner has agreed to cease

     charging for the hire of the Equipment.

     12.3     Title in the Equipment hired remains at all times with the Owner. The Customer has no right, title or

     interest in the Equipment except that it is hired to the Customer.

     12.4     Customer must not deal with the title or any interest in the Equipment hired. This includes but is not

     limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.

     12.5     Owner may provide insurance in respect of the Equipment hired at additional cost to the Customer.

     Alternatively, Owner may require the Customer to insure the Equipment on such reasonable terms and for

     such responsible risk as Owner may specify. The proceeds of any such insurance shall be held by the Customer

     in trust for Owner and be paid to Owner on demand. The Customer must not compromise any claim in

     respect of the Equipment and/or any associated insurance without the written consent of Owner.

13. General:

     13.1     If any term or provision in these conditions shall be held to be illegal or unenforceable in whole or in

     part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to

     form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall

     not be affected.

     13.2     The waiver by or failure of Owner in insisting in any one or more cases upon the performance of any

     provision of these Conditions shall not be construed as a waiver of Owner's rights to future performance of

     such provisions and the Customers obligations in respect of future performance shall continue in full force and


     13.3     The Contract shall be governed by the Laws of England and the Customer and Owner hereby

     irrevocably submit to the exclusive jurisdiction of the English Courts.

     13.4     In any legal proceedings between Owner and the Customer the Certificate of the duly authorised

     representative of Owner as to date of delivery of the Equipment and the date of its collection by Owner or

     their Agent shall be conclusive evidence of the facts stated therein.

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