Terms & Conditions of Skip Hire

DEFINITIONS AND GENERAL

1.1 This Contract is for the provision of waste equipment and waste services (‘Equipment’), the hire of items and accessories (‘Plant’) and the resale of goods (‘Goods’) detailed on the Quotation or Order Acknowledgement. The parties to the Contract are:

the ‘Hirer’ and, where the Hirer is not an individual acting in person, the ‘Signatory’ at the point of delivery.
TopSkips, Company No: 4795468, Broker of Controlled Waste Registration No. (NSO/546763/CB) with registered offices at Richmond Place, 127 Boughton, Chester CH3 5BH.

1.2 ‘Waste’ means all waste as described by the Hirer and as agreed by TopSkips and the Hirer to be removed from the Hirer’s site and excludes 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 any liquid
medical waste of animal carcasses of any kind or quantity
any other material not listed above however considered unsuitable for containment
e.g. malodorous waste.

Section 34 (1) of the Environment Protection Act 1990 requires that a description of the type of waste (to be placed in a skip for example) be given, ‘The description must provide enough information to enable subsequent holders to avoid mismanaging the waste…’ This description must be given at the time of booking each skip.

1.3 These terms and conditions shall apply to the hire of Equipment and to the hire of all Plant between TopSkips and the Hirer and shall not be overridden by any terms and conditions of the Hirer.

1.4 Acceptance of the Equipment or Plant on site by the Hirer or its delivery on site in accordance with the Hirer’s instructions signifies acceptance of these Terms and Conditions unless otherwise agreed in writing.

1.5 TopSkips may terminate the Contract and repossess Equipment or Plant without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.

1.6 Where TopSkips act as managing agent for the sourcing of Equipment or Plant, these Terms and Conditions may be subject to further specific conditions.

1.7 Where the Hirer deals with TopSkips as a consumer, these Terms and Conditions do not and will not affect the consumer’s statutory rights.

1.8 These Terms and Conditions shall be governed and construed according to the laws of England.

2. USE OF EQUIPMENT ON THE HIRER’S SITE

The Hirer will conform with all statutory enactments and regulations and byelaws and regulations of local or other statutory authorities that apply to the Equipment or the Waste.

2.1 The Hirer shall not

place or cause to be placed in the Equipment any thing other than Waste
overload the Equipment. Section 34 of the Environment Act 1990 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 therefore must 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 on 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
move the Equipment from its point of delivery on site by any method whatsoever.

3. HIRE CHARGES

3.1 The stated hire charges on the Order Acknowledgement are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. Telephone off-hires will not be accepted unless validated by an off-hire number notified by TopSkips to the Hirer.
3.2 Hire charges include carriage and delivery. A maximum of 30 minutes attendance by the delivery vehicle at the address specified by the Hirer is included. The Hirer will pay for further time.
3.3 Abortive carriage charges may be levied when delivery or collection has not been possible when undertaken in accordance with the Hirer’s instructions.
3.4 Where an approved credit or debit card transaction has taken place and subsequent payment shortfalls arise (e.g. in the case of unsuitable waste), TopSkips may process for payment the balance due. Similarly, TopSkips may process part payments at interim stages of the Contract.
3.5 Once an order is placed with TopSkips, a minimum period of 24 hours is required to cancel the order. Cancellations of orders within 24 hours will be subject to full charge as originally agreed with no refunds. No negotiations will be entered into.

4. PAYMENT TERMS

Payment terms for authorized credit customers are 14 days net from the date of the invoice. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, TopSkips reserve the right to charge interest on the late payment of commercial debts at base rate + 8%. The Hirer will pay all monies outstanding, on demand including interest on amounts overdue and will be liable for reasonable legal charges incurred by TopSkips in the recovery of Equipment or Plant or amounts due.

5. LOADING AND UNLOADING PLANT

The Hirer shall be responsible for loading and unloading the Plant at the Hirer’s site. A driver who helps load or unload Plant is deemed to be an employee of the Hirer and the provisions of paragraph 6 shall apply.

6. 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 connected 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. TopSkips 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 TopSkips 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.

7. RESPONSIBILITY OF PERSON SIGNING

The person signing on site warrants that he has the authority of the Hirer to make the contract on the Hirer’s behalf. TopSkips 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.

8. DELIVERY IN GOOD 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 Plant must be notified to TopSkips 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 in accordance with paragraph 10.

9. LOST, NON-RETURNED, DAMAGED OR UNCLEAN EQUIPMENT AND PLANT

The Hirer must immediately notify both TopSkips and the police of any loss or theft of the Equipment or Plant. If an item of Equipment or Plant is reported stolen, it must be accompanied with an incident number obtained from the police in order to terminate the hire. When the Equipment or Plant is not returned or is returned incomplete, the liability of the Hirer shall only cease when the Hirer pays the manufacturer’s current list price for the missing or incomplete item of Equipment or Plant. The Hirer agrees to pay all costs incurred in rectifying the condition of the Equipment or Plant if it is returned damaged, unclean or incomplete. In the case of Plant, hire charges will continue until such rectification is complete.

10. MAINTENANCE OF EQUIPMENT AND PLANT AND BREAKDOWN PROCEDURES

The Hirer shall ensure that Equipment of Plant remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Equipment or Plant must be immediately notified to TopSkips. Under no circumstances shall the Hirer repair the Equipment or Plant unless authorized. Such Equipment or Plant must be returned for examination or when rectification elsewhere is requested, the Hirer agrees to pay the carriage.

11. SECURITY OF EQUIPMENT AND PLANT

The Hirer shall not sell or otherwise part with possession and/or control of the Equipment or Plant and shall remain responsible for the Equipment or Plant and its safekeeping during the hire period. Equipment or Plant must not be removed without the authority of TopSkips from the address to which the Equipment or Plant has been delivered. The Hirer shall keep the site at which the Equipment or Plant is located safe and secure.

12. 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 Plant. No responsibility will be accepted for damage to any surface over which the Equipment of 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 Plant.

13. HIRER’S RESPONSIBIILITY – THIRD PARTIES

The Hirer shall fully and completely indemnify TopSkips 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 Plant.

14. CONSEQUENTIAL LOSSES

TopSkips 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, unsuitability or repossession of the Equipment or Plant, or any breakdown or defect in the Equipment of Plant.

15. 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 Plant. The Hirer shall produce on demand to TopSkips a copy of the policy or policies. The Hirer shall hold on trust all policy proceeds in or towards satisfaction of the Hirer’s obligations under paragraph 9 above. If the Equipment of Plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to TopSkips by telephone and confirmed in writing.

16. 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 3 months. TopSkips 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 Plant.

17. RIGHT OF ACCESS

The Hirer shall allow access to the Equipment or Plant at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.

18. INVALIDATION

Should any of these Terms and Conditions be held to be invalid, such invalidation will not affect the validity of the remaining Terms and Conditions.

19. REFUND POLICY

19.1 - Application for refunds must be sent directly to TopSkips in writing addressed to the Managing Director for consideration by The Company Management. Decisions will be made within 4 weeks of receipt of application, and refunds to successful applications made within 14 days of decision.

19.2 - Online Orders and Bank Holidays: During the online booking procedure, there is a disclaimer that online bookings made for bank holidays cannot be processed. The reason for this is because bank holidays are different in Scotland and the rest of the UK. To ensure successful skip hire during bank holidays, orders must be placed by telephone. Customers that disregard the bank holiday notice and continue to book a skip online will be offered refunds or alternative skip hire dates once the bank holiday has passed.

20. PRICING POLICY

Topskips reserves the right to change prices, discount schemes and promotion at any time.

21. CANCELLATION POLICY

Cancellation of Hire

If the hirer chooses to cancel the hire, the following charges will be levied:

More than 3 days' notice	- 10% of total hire charge
1 - 3 day's notice	- 50% of total hire charge
Less than 24 hours' notice	- 100% of total hire charge