TERMS AND CONDITIONS

  1. DEFINITIONS

For the purposes of these conditions:

  • “Carrier” means Teward Recycling Limited a company registered in England and Wales company number 8814709 registered office New View Farm, Staindrop, Darlington, DL2 3JT.
  • “Customer” means the person or company using the services of the Carrier in respect to the hire of skips and disposal of contents.
  • “Conditions” means the terms set out in this document and any special terms agreed in writing between the Carrier and the Customer.
  • “Contract” means the contract for Skip hire incorporating these conditions.
  • “Delivery Date” means the date that the Skip is delivered by the Carrier as stated within the confirmation email.
  • “Rental Period” means the period stated on the advice note commencing on the Delivery Date and expiring on the collection of the Skip by the Carrier.
  • “Rental Price” means the price stated on the confirmation email for the hire of the Skip over the Rental Period.
  • “Skip” means the waste removal Skip, rented by the Carrier to the Customer.
  • “Vehicle” means the Vehicle which is delivering or collecting the Skip.
  • “Driver” means the driver of the Vehicle
  • “Site” means the place where the Skip is deposited.
  • “Waste” means construction and demolition waste including rubble, concrete, wood, plastic, soil and paper and any other items of waste as agreed in writing by the Carrier but excluding Excluded Waste.
  • “Excluded Waste” means:
    • substances hazardous to health such as toxic or corrosive materials or liquids, including but not limited to fibrous asbestos, solvents, minerals or greases.
    • liquids of any kind whether contaminated or not.
    • cans, drums or other containers of any kind unless they are empty and crushed.
    • medical waste or animal carcasses of any kind or quantity.
    • tyres, fridges, freezers, cookers.
    • light bulbs.
    • any other material not listed above however considered unsuitable.

 

  1. BASIS OF CONTRACT OF HIRE
    • These Conditions apply to all skip hire contracts with the Carrier. The booking, instruction to deliver or use of the Skip (including the placing of any object in the skip) by the Customer or anyone acting on their behalf, whichever is earliest, indicates acceptance of these Conditions and commencement of the Contract. The Carrier may without prior notice collect the Skip at any time should any of these Conditions be breached.
    • These Conditions may not be altered or to varied unless authorised in writing by the Carrier. The Carrier will use its reasonable endeavours to comply with the Customer’s requirements. The Carrier 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 Customer resulting from circumstances beyond the Carrier’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 Customer.
    • Cancellation of the Contract by the Customer will only be accepted at the discretion of the Carrier and in any case on condition that any costs or expenses incurred by the Carrier up to the moment of cancellation and all loss or damage resulting to the Carrier by reason of such cancellation will be paid by the Customer to the Carrier forthwith.
    • A charge will be made for any costs incurred by the Carrier due to suspension or deferment of the Contract by the Customer or in the event that the Customer defaults giving instructions for the delivery of the skip.
    • Section 34 (1) of the Environment Protection Act 1990 requires that a description of the type of waste (to be placed in the skip) be given. The description must be given at the time of booking and must provide enough information to enable subsequent handlers to avoid mismanaging the waste.
    • Health and safety information relating to the skip hire and waste management is available on request.

 

  1. REPRESENTATIONS
    • The Carrier shall not be liable in respect of any misrepresentation made by the Carrier, its employees, or agents to the Customer as to the condition of the Skip, its fitness for any purpose or at to quantity or measurements unless the representation is made or confirmed in writing by a director of the Carrier and/or is fraudulent.
    • If the Customer requires advice in relation to the Skip and the waste removal, a specific request for advice should be made and any advice made or confirmed in writing in response to such a request shall amount to a representation and the Carrier shall be liable accordingly.

 

  1. PRICE
    • Quoted prices are based on costs prevailing at the time when they are given or agreed and are inclusive of VAT. The Carrier shall be entitled to adjust the prices as at the time of delivery of the skip:
      • to take account of any direct or indirect price increases sustained by the Carrier: and/or
      • if there is any change in the delivery date, quantities or specifications for the skip requested by the Customer or any delay caused by any instructions of the Customer or failure of the Customer to give the Carrier adequate information or instructions.

 

  1. PAYMENT
    • Our payment terms by ALL non-account customers are card details on order or cash on delivery of the skip
    • ALL account customers trading terms are 30 days net, unless otherwise agreed in writing, before trading commences
      • If the Customer fails to make any payment in full by the due date, the Carrier shall be entitled to terminate the Contract forthwith and recover all loss or damage resulting from the termination
    • The Carrier reserves the right without incurring any liability whatsoever to refuse to execute the contract or part thereof if (the Customer refuses to accept a price variation under clause 4) or the arrangements for payments are, or the Customer’s credit status is, in the Carrier’s opinion insufficient or not satisfactory and to refuse to perform or continue to perform the Contract with any customer whose account or part thereof is or becomes overdue for payment.
    • The Customer shall not be entitled to withhold payment of any amount payable under the Contract by reason of any dispute or claim by the Customer in connection with the Contract or any other ground whatsoever nor shall the customer be entitled to set-off against any amounts payable to the Carrier under the Contract any amount which is not then due and payable by the Carrier to the Customer.
    • The Carrier shall be entitled at all times to set-off any debt or claim which they may have against the Customer against sums due by the Carrier to the Customer.

 

  1. DELIVERY
    • The Customer shall direct the Driver where to deposit or pick up the skip as part of the booking process.
    • All times or dates quoted for delivery are given in good faith but without any responsibility on the Carrier’s part for failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the Carrier’s control or any unforeseen or abnormal conditions or by any act or neglect on the Customer’s part. Time for delivery shall not be of the essence of the Contract.
    • Risk for the Skip will pass to the Customer on delivery and shall remain with the Customer until the Skip is collected by the Carrier.
    • The Skip shall at all times remain the property of the Carrier and the Customer shall have no rights, title or interest in the Skip. The Customer shall not do or permit or cause to be done any matter or thing whereby the rights of the Carrier or any third party rights in respect of the Skip are or may be prejudicially affected.
    • Delivery by the Carrier’s Vehicles shall be made on the nearest good hard road to site with adequate turning space at the point of delivery. The Driver is empowered to refuse delivery if, in his opinion, the point of unloading is unsafe or is likely to prove dangerous to a Vehicle. If the delivery Vehicle is required to deliver and deposit the skip at any point off a public road, the Customer will be responsible for any damage to vehicles, pipes, manholes or any other property of any sort resulting there from.
    • In the event that the Customer requests that the skip be deposited on a street or public highway the Customer shall be responsible for the compliance with all the regulations including but not limited to Section 139 (1) of the Highways Act 1980 and for all steps which need to be taken for the protection at all times of persons property.
    • The delivery price is based on:
      • the Customer requiring delivery during the Carrier’s normal working hours (such hours or days are available on request). If the Customer requires delivery at any other time then the Customer shall give at least seven working days notice in writing to the Carrier and, if the Carrier agrees to such delivery, the customer shall pay all additional expenses as determined by the Carrier occasioned by such delivery; and
      • carriage, delivery and a maximum of ten minutes attendance by the delivery vehicle at the site. Any period in excess of this time will be charged as waiting time to the Customer at the rate determined by the Carrier and such rate is available from the Carrier upon request.
    • It is a condition of the Contract that proper assistance is given by the Customer to the Driver of the Vehicle delivering the skip.

 

  1. USE OF THE SKIP ON SITE
    • The Customer will conform with all statutory enactments and regulations and bylaws and regulations of local or other statutory authorities that apply to the skip.
    • The Customer shall not place or cause to be placed in the skip anything other than the waste. Should the Customer place or cause to be placed in the skip any Excluded waste or anything other than waste, notice shall be immediately be given as required by the Special Waste Regulations 1996. The Customer will either be asked to remove the excluded waste from our site, or the excluded waste will be returned to the Customer and charged for this service. (Please note, any loss of productivity at the Recycling Plant could be charged to the Customer)
    • The Customer shall not:
      • overload the Skip and not fill it higher than its sides, so that the Skip can be transported safely on the public highway. Surcharges will apply to skips that are overfilled above ‘level load’ line clearly identified. Charges applied are £30.00 for every 1ft above.
      • set fire to the contents of the Skip
      • add on or attach to the Skip any painting, sign-writing, lettering or advertising
      • remove, deface or conceal any name plate or mark indicating the owner of the Skip and afford at all times access to the Skip to inspect or repair such name plates or marks
      • move the Skip from Site by any method whatsoever
      • sell or offer for sale, assign, mortgage, pledge, sub-let or transfer the Skip or the balance of the contract either in whole or in part.
    • The Customer shall ensure:
      • the Skip is properly sited in accordance with any necessary permissions required given
      • the Skip is properly coned and lighted according to Section 139 (10) of the highways Act 1980 during the hours of darkness and unsatisfactory visibility
      • the Skip suffers no damage other than fair wear & tear
    • The Customer must immediately notify the Carrier of any loss or theft of a Skip. If a Skip is reported stolen, it must be accompanied with an incident number obtained from the police in order to terminate the hire.

 

  1. INDEMNITY AND INSURANCE
    • The Customer shall indemnify the Carrier on demand against all costs, charges and expenses including legal costs on an indemnity basis suffered by the Carrier as a result of or in connection with the presence of the skip on the site including injury to person or loss or damage to property howsoever caused and any breach of the Contract by the Customer including making good to the Carrier any loss or damage to the Skip howsoever caused whilst it is in the possession of the Customer.
    • The Customer shall be responsible for obtaining insurance cover including third party liability and cover against loss or damage to the Skip. The Customer shall produce on demand to the Carrier a copy of the policy or policies. If the Skip is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Carrier by telephone and confirmed in writing.

 

  1. LIABILITIES
    • 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.
    • Nothing in these Conditions shall exclude or restrict the Carrier’s liability for death or personal injury resulting from its negligence of the Carrier’s liability for fraudulent misrepresentation.
    • Subject to clauses 10.2 and 10.3 of these Conditions the Carrier shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other terms expressed or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability damages the Carrier undertakes liability under clause 10.3 below.
    • Where but for the effect of clause 10.4 of these Conditions a Customer would have been entitled to damages against the Carrier, the Carrier shall not be liable to pay damages but at its own expense supply a replacement skip free of charge or refund all (or where appropriate part) of the rental price.
    • The Customer will unconditionally fully and effectively indemnify the Carrier against all loss damages costs on an indemnity basis and expenses awarded against or incurred by the Carrier in connection with or paid or agreed to be paid by the Carrier in settlement of any claim by any third party arising from the delivery or use of the skip including loss arising from the Carrier’s negligence.
    • Subject to clauses 10.2 and 10.3 of these Conditions the Carrier shall not be liable for misrepresentation (unless fraudulent) or in contract, tort (including negligence or breach of statutory rights) or otherwise howsoever arising and whatever the cause for:
      • any financial loss or and liability the Customer may have to a third party of any loss of profit, business, contracts, revenues or anticipated savings; and/or
      • any special incident or consequential damage of any nature whatsoever
    • Without prejudice to any other provisions in these Conditions in any event the Carrier’s total liability for any one claim of for the total of all claims arising from any one act of default Carrier (whether arising from the Carrier’s negligence or otherwise) shall not exceed the rental price of the skip, the subject matter of any claim.

 

  1. DEFAULT
    • “Insolvent”, shall mean the Customer becoming unable to pay its debts within the meaning of Section 13 of the Insolvency Act 1986; the levying or the threat of execution or distress of the property of the Customer, the appointment of a receiver or administrative receiver over all or any part of the Customer’s property, a proposal for a voluntary arrangement or com-promise between the Customer and its creditors whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding up or summoning a meeting to pass such a resolution otherwise than for the purpose of a bona fide amalgamation or reconstruction ;the presentation of a petition for winding up of a Customer or for an administration order in relation to the Customer ceasing or threatening to cease to carry on its business.
    • In the event of overdue or unpaid accounts, all services will be suspended immediately and all outstanding monies will become immediately payable and the Carrier shall be entitled to do one or more of the following (without prejudice to any other rights or remedy it may have)
      • require payment in cash or cleared funds in advance of delivery of any undelivered skip
      • cancel or suspend any further delivery to the Customer under any contract
      • hire out or otherwise dispose of any skips which are the subject of any contract with the Customer
      • charge the Customer on the balance of monies due pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until payment is received after as well as before judgement.
    • The Customer shall reimburse the Carrier’s costs including legal costs on an indemnity basis which the Carrier incurs in enforcing its rights under this Contract including but not limited recovery of any sums due. Such sums shall be paid in addition to the statutory compensation payable by the Customer under the Late Payment of commercial Debts Regulations 2002.

 

  1. COLLECTION AND TERMINATION OF HIRE
    • Except as specifically otherwise agreed in writing, the Customer shall fill the Skip within the rental period of 7 days, and shall inform the Carrier at least one clear working day in advance of its load being ready for collection or replacement.
    • If the Customer wishes to extend the rental period, the Customer shall inform the Carrier at least one clear working day in advance of the collection date otherwise charges will be incurred at a rate determined by the Carrier and available from the Carrier upon request.
    • Ownership of the contents of the Skip shall pass to the Carrier on collection unless otherwise agreed in writing, provided that the provisions of Clause 7.3 have been satisfied
    • the Carrier shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the contract for the hire of the skip and to repossess the skip
    • the Carrier shall allow the Carrier access to the skip at all reasonable time for the purpose of inspection, maintenance, replacement or repossession.

 

  1. DATA PROTECTION
    • If the Customer is an individual or group of individuals the Customer agrees that the Carrier may process the Customer’s personal data in accordance with the Carrier’s Data Protection Policy – copy available on request.

 

  1. GENERAL
    • The construction validity and performance of these Conditions and this Contract shall be governed by English Law.
    • The headings of these conditions are for convenience only and shall have no effect on interpretation.
    • The Carrier shall not be liable for any delay or failure to perform any of its obligations in relation to the skip due to any cause beyond its reasonable control including industrial action.
    • If any clause or sub-clause of these conditions is held by any court or other competent authority to be void or unenforceable the validity of the other clauses or sub-clauses of these conditions shall not be affected and they shall remain in full force and effect.
    • The waiver by the Carrier of any breach or default of these conditions shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision
    • Nothing in these conditions or this contract is intended to or will create any benefit for or right to enforce any of these conditions on a third party.
    • Termination of this contract shall not affect the rights and obligations whatsoever accrued at the time of term.