Terms and Conditions
Terms&
Conditions of Skip Hire Please see definitions and general further
within the document In Addition to the above terms 1 INTERPRETATION 1.1
In these conditions the following words have the following meanings:
"Contract" means a contract which incorporates these conditions and
made between the Customer and the Supplier for the hire of Hire Goods
and/or the sale of Products; "Customer" means the person, firm, company
or other organisation hiring Hire Goods; "Deposit" means any advance
payment required by the Supplier in relation to the Hire Goods which is
to be held as security by the Supplier; "Force Majeure" means any event
outside a party's reasonable control including but not limited to acts
of God, war, flood, fire, labour disputes, strikes, sub-contractors,
lock-outs, riots, civil commotion, malicious damage, explosion,
terrorism, governmental actions and any other similar events; "Hire
Goods" means any machine, article, tool, and/or device together with
any accessories specified in a Contract which are hired to the
Customer; "Hire Period" means the period commencing when the Customer
holds the Hire Goods on hire (including Saturdays Sundays and Bank
Holidays) and ending upon the happening of any of the following events:
(i) the physical return of the Hire Goods by the Customer into the
Supplier's possession; or (ii) the physical repossession or collection
of Hire Goods by the Supplier; "Liability" means liability for any and
all damages, claims, proceedings, actions, awards, expenses, costs and
any other losses and/or liabilities; "Products" means the products sold
to the Customer by the Supplier; "Rental" means the Supplier's charging
rate for the hire of the Hire Goods which is current from time to time
during the Hire Period; "Supplier" means Full Circle LTD Limited and
will include its employees, servants, agents and/or duly authorised
representatives; "Services" means the services and/or work (if any) to
be performed by the Supplier for the Customer in conjunction with the
hire of Hire Goods including any delivery and/or collection service for
the Hire Goods. 2 BASIS OF CONTRACT 2.1 Hire Goods are hired subject to
them being available for hire to the Customer at the time required by
the Customer. The Supplier will not be liable for anyloss suffered by
the Customer as a result of the Hire Goods being unavailable for hire
where the Hire Goods are unavailable due to circumstances beyond the
Supplier's control. 2.2 Where hire of the Hire Goods is to a Customer
who is an individual and the hire would be covered by the Consumer
Credit Act 1974 the duration of the Hire Period shall not exceed 3
months, after which time the Contract shall be deemed to have
automatically terminated. Accordingly the hire of any Hire Goods is not
covered by the Consumer Credit Act 1974. 2.3 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.
Where the Customer is acting as a consumer any provision which is
marked with an asterisk (*) may, subject to determination by the
Courts, have no force or effect. For further information about your
statutory rights contact your local authority Trading Standards
Department or Citizens Advice Bureau. 3 PAYMENT 3.1 The amount of any
Deposit, Rental and/or charges for any Services shall be as quoted to
the Customer or otherwise as shown in the Supplier's current price list
from time to time. Where a Deposit is required for the Hire Goods it
must be paid in advance of the Customer hiring the Hire Goods. The
Supplier may also require an initial payment on account of the Rental
in advance of the Customer hiring the Hire Goods. 3.2 The Customer
shall pay the Rental, charges for any Services, monies for any Products
and/or any other sums payable under the contract to the Supplier at the
time and in the manner agreed. The Supplier's prices are, unless
otherwise stated, exclusive of any applicable VAT for which the
Customer shall additionally be liable. 3.3 Payments by the Customer on
time under the Contract are an essential condition of the Contract.
Payment shall not be deemed to be made until the Supplier has received
either cash or cleared funds in respect of the full amount outstanding.
3.4 *If the Customer fails to make any payment in full on the due date
the Supplier may charge the Customer interest (both before and after
judgement) on the amount unpaid at the rate of 4% above the base rate
from time to time of the Supplier's bank. Such interest shall be
compounded with quarterly rests. 3.5 *The Customer shall pay all sums
due to the Supplier under this Contract without any set-off, deduction,
counterclaim and/or any other withholding of monies. 3.6 The Supplier
may set a reasonable credit limit for the Customer. The Supplier
reserves the right to terminate or suspend the Contract for hire of the
Hire Goods and/or the provision of Services if allowing it to continue
would result in the Customer exceeding its credit limit or the credit
limit is already exceeded. 4 RISK OWNERSHIP AND INSURANCE 4.1 Risk in
the Hire Goods and any Products will pass immediately to the Customer
when they leave the physical possession or control of the Supplier. 4.2
Risk in the Hire Goods will not pass back to the Supplier from the
Customer until the Hire Goods are back in the physical possession of
the Supplier. This shall apply even if the Supplier has agreed to cease
charging the Rental. 4.3 Ownership of the Hire Goods remains at all
times with the Supplier. The Customer has no right, title or interest
in the Hire Goods except that they are hired to the Customer. Ownership
of any Products remains with the Supplier until all monies payable to
the Supplier by the Customer for the Products have been paid in full.
4.4 The Customer must not deal with the ownership or any interest in
the Hire Goods. This includes but is not limited to selling, assigning,
mortgaging, pledging, charging, securing, hiring, withholding, exerting
any right to withhold, disposing of and/or lending. However the
Customer may re-hire the Hire Goods to a third party with the prior
written consent of the Supplier. 4.5 The Supplier may provide
reasonably priced insurance in respect of the Hire Goods at additional
cost to the Rental. Alternatively the Supplier may require the Customer
to insure the Hire Goods on such reasonable terms and for such
reasonable risks as the Supplier may specify. The proceeds of any such
insurance shall be held by the Customer in trust for the Supplier and
be paid to the Supplier on demand. The Customer must not compromise any
claim in respect of the Hire Goods and/or any associated insurance
without the Supplier's written consent. 5 DELIVERY, COLLECTION AND
SERVICES 5.1 It is the responsibility of the Customer to collect the
Hire Goods from the Supplier and return them to the Supplier at the end
of the Hire Period. If the Supplier agrees to deliver or collect the
Hire Goods to and/or from the Customer it will do so at its standard
delivery cost and such delivery and/or collection will form part of the
Services. 5.2 Where the Supplier provides Services the persons
performing the Services are servants of the Customer and once the
Customer instructs such person they are under the direction and control
of the Customer. The Customer shall be solely responsible for any
instruction, guidance and/or advice given by the Customer to any such
person and for any damage which occurs as a result of such persons
following the Customer's instructions, guidance and/or advice except to
the extent that the persons performing the Services are negligent. 5.3
The Customer will allow and/or procure sufficient access to and from
the relevant site and procure sufficient unloading space, facilities,
equipment and access to power supplies and utilities for the Supplier's
employees, subcontractors and/or agents to allow them to carry out the
Services. The Customer will ensure that the site where the Services are
to be performed is where necessary, cleared and prepared before the
Services are due to commence. 5.4 If any Services are delayed,
postponed and/or are cancelled due to the Customer failing to comply
with its obligations the Customer will be liable to pay the Supplier's
additional standard charges from time to time for such delay,
postponement and/or cancellation except where the Customer is acting as
a consumer and the delay is due to a Force Majeure event. 6 CARE OF
HIRE GOODS 6.1 The Customer shall:- 6.1.1 not remove any labels from
and/or interfere with the Hire Goods, their working mechanisms or any
other parts of them and take reasonable care of the Hire Goods and only
use them for their proper purpose in a safe and correct manner in
accordance with any operating and/or safety instructions provided or
supplied to the Customer; 6.1.2 notify the Supplier immediately after
any breakdown, loss and/or damage to the Hire Goods; 6.1.3 take
adequate and proper measures to protect the Hire Goods from theft,
damage and/or other risks; 6.1.4 notify the Supplier of any change of
its address and upon the Supplier's request provide details of the
location of the Hire Goods; 6.1.5 permit the Supplier at all reasonable
times to inspect the Hire Goods including procuring access to any
property where the Hire Goods are situated; 6.1.6 keep the Hire Goods
at all times in its possession and control and not to remove the Hire
Goods from the United Kingdom without the prior written consent of the
Supplier; 6.1.7 be responsible for the conduct and cost of any testing,
examinations and/or checks in relation to the Hire Goods required by
any legislation, best practice and/or operating instructions except to
the extent that the Supplier has agreed to provide them as part of any
Services; 6.1.8 not do or omit to do any thing which will or may be
deemed to invalidate any policy
of insurance related to the Hire Goods which is notified to the
Customer; 6.1.9 not continue to use Hire Goods where they have been
damaged and will notify the Supplier immediately if the Hire Goods are
involved in an accident resulting in damage to the Hire Goods, other
property and/or injury to any person; and 6.1.10 where the Hire Goods
require fuel, oil and/or electricity ensure that the proper type and/or
voltage is used and that, where appropriate, the Hire Goods are
properly installed by a qualified and competent person. 6.2 The Hire
Goods must be returned by the Customer in good working order and
condition (fair wear and tear excepted) and in a clean condition
together with all insurance policies, licences, registration and other
documents relating to the Hire Goods. 7 BREAKDOWN 7.1 Allowance will be
made in relation to the Rental to the Customer for any nonuse of the
Hire Goods due to breakdown caused by the development of an inherent
fault and/or fair wear and tear on condition that the Customer informs
the Supplier as soon as practicable of the breakdown. 7.2 The Customer
shall be responsible for all expenses, loss (including loss of Rental)
and/or damage suffered by the Supplier arising from any breakdown of
the Hire Goods due to the Customer's negligence, misdirection and/or
misuse of the Hire Goods. 7.3 The Supplier will at its own cost carry
out all routine maintenance and repairs to the Hire Goods during the
Hire Period and all repairs which are required due to fair wear and
tear and/or an inherent fault in the Hire Goods. The Customer will be
responsible for the cost of all repairs necessary to Hire Goods during
the Hire Period which arise otherwise than as a result of fair wear and
tear, an inherent fault and/or the negligence of the Supplier while
carrying out routine maintenance and/or repairs. 7.4 The Customer must
not repair or attempt to repair the Hire Goods unless authorised to do
so in writing by the Supplier. 8 LOSS OR DAMAGE TO THE HIRE GOODS 8.1
If the Hire Goods are returned in damaged, unclean and/or defective
state except where due to fair wear and tear and/or an inherent fault
in the Hire Goods the Customer shall be liable to pay the Supplier for
the cost of any repair and/or cleaning required to return the Hire
Goods to a condition fit for re-hire and to pay the Rental, in
accordance with the provisions of clause 8.3, until such repairs and/or
cleaning have been completed. 8.2 The Customer will pay to the Supplier
the replacement cost of any Hire Goods which are lost, stolen and/or
damaged beyond economic repair during the Hire Period less the amount
paid to the Supplier under any policy of insurance taken out in
accordance with these conditions. 8.3 The Customer shall pay the Rental
for the Hire Goods up to and including the date it notifies the
Supplier that the Hire Goods have been lost, stolen and/or damaged
beyond economic repair. From that date until the Supplier has replaced
such Hire Goods the Customer shall pay, as a genuine pre-estimate of
lost rental profit, a sum as liquidated damages being equal to two
thirds of the Rental that would have applied for such Hire Goods for
that period. The Supplier shall use its reasonable commercial
endeavours to purchase replacements for such Hire Goods as quickly as
possible using the monies paid under clause 8.2 above. 9 TERMINATION BY
NOTICE 9.1 If the Hire Period has a fixed duration, subject to the
provisions of Section 10 neither the Customer nor the Supplier shall be
entitled to terminate the Contract before the expiry of that fixed
period unless agreed with the other party. 9.2 If the Hire Period does
not have a fixed duration either of the Customer or the Supplier is
entitled to terminate the Contract upon giving to the other party any
agreed period of notice. 9.3 If no period of notice has been agreed or
specified the Customer may terminate the Hire Period by the physical
return of the Hire Goods to the Supplier and the Supplier shall be
entitled to terminate the hire of the Hire Goods by giving not less
than 14 days' notice to the Customer. 10 DEFAULT 10.1 If the Customer:-
10.1.1 fails to make any payment to the Supplier when due without just
cause; 10.1.2 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; 10.1.3
persistently breaches the terms of the Contract; 10.1.4 provides
incomplete, materially inaccurate or misleading facts and/or
information in connection with the Contract; 10.1.5 pledges, charges or
creates any form of security
over any Hire Goods, or ceases or threatens to cease to carry on
business, or proposes to compound with its creditors, applies for an
interim moratorium in respect of claims and/or proceedings, any
distress, execution or other legal process is levied on any property of
the Customer, has a Bankruptcy Petition presented against it or the
Customer takes or suffers any similar action in any jurisdiction;
10.1.6 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, any distress, execution or other legal process is
levied on any property of the Customer or the Customer takes or suffers
any similar action in any jurisdiction; 10.1.7 appears reasonably to
the Supplier due to the Customer's credit rating to be financially
inadequate to meet its obligations under the Contract; and/or 10.1.8
appears reasonably to the Supplier to be about to suffer any of the
above events; then the Supplier shall have the right, without prejudice
to any other remedies, to exercise any or all of the rights set out in
clause 10.2 below. 10.2 If any of the events set out in clause 10.1
above occurs in relation to the Customer then:- 10.2.1 except where the
Customer is acting as a consumer the Supplier may enter, without prior
notice, any premises of the Customer (or premises of third parties with
their consent) where Hire Goods owned by the Supplier may be and
repossess any Hire Goods; 10.2.2 the Supplier may withhold the
performance of any Services and cease any Services in progress under
this and/or any other Contract with the Customer; 10.2.3 the Supplier
may immediately cancel, terminate and/or suspend without Liability to
the Customer the Contract and/or any other contract with the Customer;
and/or 10.2.4 *all monies owed by the Customer to the Supplier shall
immediately become due and payable. 10.3 Any repossession of the Hire
Goods shall not affect the Supplier's right to recover from the
Customer any monies due under the Contract and/or any damages in
respect of any breach which occurred prior to repossession of the Hire
Goods. 10.4 Upon termination of the Contract the Customer shall
immediately: 10.4.1 return the Hire Goods to the Supplier or make the
Hire Goods available for collection by the Supplier as requested by the
Supplier; and 10.4.2 pay to the Supplier all arrears for Rentals,
Charges for any Services, monies for any Products and/or any other sums
payable under the Contract. 11 LIMITATIONS OF LIABILITY 11.1 *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. 11.2 *If the Supplier is found to be
liable in respect of any loss or damage to the Customer's property the
extent of the Supplier's Liability will be limited to the retail cost
of replacement of the damaged property. 11.3 Any defective Hire Goods
must be returned to the Supplier for inspection if requested by the
Supplier before the Supplier will have any Liability for defective Hire
Goods. 11.4 *The Supplier shall have no Liability to the Customer if,
without just cause, any monies due in respect of the Hire Goods and/or
the Services has not been paid in full by the due date for payment.
11.5 The Supplier shall have no Liability for additional damage, loss,
liability, claims, costs or expenses caused or contributed to by the
Customer's continued use of defective Hire Goods and/or Services after
a defect has become apparent or suspected or should reasonably have
become apparent to the Customer. 11.6 The Customer shall give the
Supplier a reasonable opportunity to remedy any matter for which the
Supplier is liable before the Customer incurs any costs and/or expenses
in remedying the matter itself. If the Customer does not do so the
Supplier shall have no Liability to the Customer. 11.7 *The Supplier
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 the
Supplier. 11.8 The Supplier shall have no Liability to the Customer for
any:- 11.8.1 *consequential losses (including loss of profits and/or
damage to goodwill); 11.8.2 economic and/or other similar losses;
11.8.3 special damages and indirect losses; and/or 11.8.4 business
interruption, loss of business, contracts and/or opportunity. 11.9 *The
Supplier's total Liability to the Customer under and/or arising in
relation to any Contract shall not exceed 5 times the amount of the
Rental and charges for Services (if any) under that Contract or the sum
of �1,000 whichever is the higher. To the extent that any Liability of
the Supplier to the Customer would be met by any insurance of the
Supplier then the Liability of the Supplier shall be extended to the
extent that such Liability is met by such insurance. 11.10 Each of the
limitations and/or exclusions in this Contract shall be deemed to be
repeated and apply as a separate provision for each of: 11.10.1
Liability for breach of contract; 11.10.2 *Liability in tort (including
negligence); and 11.10.3 *Liability for breach of statutory and/or
common law duty; except clause 11.9 above which shall apply once only
in respect of all the said types of Liability. 11.11 Nothing in this
Contract shall exclude or limit the Liability of the Supplier for death
or personal injury due to the Supplier's negligence nor exclude or
limit any other type of Liability which it is not permitted to exclude
or limit as a matter of law. 12 GENERAL 12.1 Upon termination of the
Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and
Section 6 shall continue in full force and effect. 12.2 Each hire of an
item of Hire Goods shall form a distinct Contract which shall be
separate to any other Contract relating to other Hire Goods. 12.3 The
Customer shall be liable for the acts and/or omissions of its
employees, agents, servants and/or subcontractors as though they were
its own acts and/or omissions under this Contract. 12.4 *The Customer
agrees to indemnify and keep indemnified the Supplier against any and
all losses, lost profits, damages, claims, costs (including legal costs
on a full indemnity basis), actions and any other losses and/or
liabilities suffered by the Supplier and arising from or due to any
breach of contract, any tortuous act and/or omission and/or any breach
of statutory duty by the Customer. 12.5 *No waiver by the Supplier of
any breach of this Contract shall be considered as a waiver of any
subsequent breach of the same provision or any other provision. If any
provision is held by any competent authority to be�part the validity of
the other provisions of this Contract and the remainder of the affected
provision shall be unaffected and shall remain in full force and
effect. 12.6 The Supplier shall have no Liability to the Customer for
any delay and/or non performance of a Contract to the extent that such
delay is due to any Force Majeure events. If the Supplier is affected
by any such event then time for performance shall be extended for a
period equal to the period that such event or events delayed such
performance. 12.7 All third party rights are excluded and no third
parties shall have any rights to enforce the Contract. This shall not
apply to any finance company with whom the Supplier has an outstanding
finance agreement relating to the Hire Goods. Such finance company
shall, subject to the Supplier's consent, have the right to enforce
this Contract as if they were the Supplier. This Contract is governed
by and interpreted in accordance with English law and the parties agree
to submit to the non-exclusive jurisdiction of the English courts. 13
ADDITIONAL CONDITIONS Full Circle LTD LIMITED 13.1 The Supplier may
insert and present for payment any balance due and unpaid where the
Customer has signed a blank or nil value debit or credit card voucher.
The Supplier may also process interim payments by credit or debit card
at any stage of the Contract. DEFINITIONS AND GENERAL A LARGER TYPEFACE
OF THESE TERMS AND CONDITIONS ARE AVAILABLE ON WRITTEN REQUEST In these
conditions "the provider" means Full Circle LTD trading as Qwik Skip
Hire, 123, Mullen, Larkes, PTM, RJL, MADZ,AM Rose,Arianne,Skips,Welsh,
CPT ,Swansea Jack,Mortimers, Dragon’s, Gnol, CPT , Robins,
Osprey, Cherry & White,Grecian, SKIP HIRE. "the supplier” means
where the context so permits, the provider or the providers duly
authorised agent or sub-contractor. "the hirer" means the person or
company requesting provision of hire item(s) by the provider. "the
service" means the supply of hire item(s) by the provider, it's
employees, servants, agents or sub-contractors for the period of hire
to facilitate the removal of refuse on behalf of the hirer and the
subsequent disposal of the contents of such hire item(s) or hire
item(s)s on behalf of the hirer. "the hire item(s)" means any hire
item(s) or any other hire item provided as part of the service. "the
site" means the place where the hire item(s) is deposited at the
request or direction of the hirer. "the period of hire" means the
period from delivery of the hire item(s) to the hirer, to collection
thereof, from the hirer or such time as collection thereof ought
reasonably to have been completed by the supplier. "Working day" shall
mean Monday to Friday in any week. "Force Majeure" means any
circumstances beyond the reasonable control of either the provider or
the supplier (including, without limitation, thereto, any strike, lock
out or other form of industrial action, accident, inclement weather,
difficulties in obtaining fuel parts or machinery, power failure or
breakdown, or malfunction of machinery or computers. In consideration
of the provider extending credit to the hirer as named, the person
signing this form herby guarantees payment to the provider of all
outstanding monies including amounts owed in excess of credit limit and
any interest applicable. 1. These conditions shall apply to all
contracts for the supply of the service by the provider to the
exclusion of all other terms and conditions and shall apply where the
context so permits for the benefit of the supplier and the employees,
agents and sub-contractors of the provider and the supplier as if they
had been parties hereto. 2. The provider reserves the right to add to,
alter or amend or withdrawal any of these terms or conditions without
notice. Any typographical, clerical or other error, or commission in
any sales literature, quotation or price list, acceptance of offer,
invoice or other document or information issued by the provider shall
be subject to correction without any liability on the part of the
provider. 3. Any reference in these conditions to a statute or
regulation or provision thereof shall be constructed as a reference to
that statute, regulation or provision as a amended re-enacted or
extended at the relevant time. 4. All requests for the service shall be
deemed to be an offer by the hirer to purchase the service pursuant to
these conditions and the service is offered subject to the availability
of suitable hire item(s) to the provider. The Hirer agrees that they
will rely wholly on their own hire item(s) and judgment in the
selection of the service and will not treat any information supplied to
them by the Provider as a representation, warranty or guarantee in any
manner whatsoever. 5. No variation of these conditions shall be binding
unless agreed in writing between the authorised representatives of the
Provider and the Hirer. 6. The Provider will use its best endeavours to
comply with the Hirer's requirements but can accept no responsibility
for failure to supply, or remove or for any delay in supplying or
removing hire item(s) which may be caused directly or indirectly by any
circumstances beyond the Providers control, or any unforeseen or
abnormal conditions by any act or neglect on the part of the Hirer and
time shall not be of the essence of the Contract save as to payment by
the hirer for the service. The provision of the service may be wholly
or partly suspended at the providers discretion without liability on
the part of the provider for any loss resulting from any suspensions.
7.a) Except as specifically otherwise agreed in writing the provider or
supplier, shall be under no obligation to deposit the hire item(s)
elsewhere than on a highway. b) The Hirer agrees in all cases:- (i) to
provide and adequately maintain all necessary approach roads and sites
for the purpose of the delivery; (ii) to rely on their own skill and
judgment and to satisfy themselves as to the suitability of all
approach roads, tracks, or grounds, for the purposes of delivery,
siting and collection of hire item(s) and to notify the provider at the
time of ordering the service of any special requirements as to
delivery. (iii) promptly on the arrival of the vehicle to accept
delivery and provide any necessary directions and a suitable site. (iv)
to ensure that an authorised person is present at the time of delivery
to sign and acknowledgement of delivery and or collection of the hire
item(s) and that such authority is signed on delivery or collection by
such authorised person and not otherwise and the Hirer agrees that any
delivery or collection note signed by a person with apparent authority
to do so shall be deemed to be signed by an authorised representative
of the hirer and that where no such person is available to sign such
proof of delivery or collection within 10 minutes from arrival of the
hire item(s) or the vehicle at the site the suppliers written
confirmation of delivery shall be final and binding upon the Hirer. c)
The Hirer shall save harmless and keep the provider indemnified against
any claim demand or penalty arising during the period of hire and which
could not have been made had the provider not agreed to provide the
service including, but not limited thereto all 3rd party claims, or
claims for damages arising out of accidents related to any hire item(s)
the subject of this contract. 8.i) The price for the provision of the
service shall be such sum as shall from time to time be agreed between
the parties & in default of agreement shall be a quantum merit
otherwise agreed shall be exclusive of VAT which shall be payable by
the Hirer. ii) Save where the Hirer has a previously approved credit
account with the Provider payment for the provision of the Service
shall be made in full by the Hirer to the Provider prior to the
delivery by the Provider of any hire item(s). iii) Where the Hirer has
an approved credit account the provider shall be entitled to invoice
the Hirer at the end of the month for all the services provided
hereunder prior thereto and the Hirer shall pay the price for the
provision of the service to the Provider within 30 days of the date of
the Providers invoice. The time of payment of the price shall be of the
essence of the Contract. iv) The Hirer agrees that in the event that
the Hirer shall fail to pay the Provider's account in accordance with
the terms hereof the provider may return to the Hirer the waste or a
quantity of waste which is in the reasonable opinion of Provider
similar thereto and the Provider shall for such purposes be entitled to
enter upon any premises of the Hirer or any third party from whom waste
was collected for such purposes and to deposit such waste thereon. v)
The provider reserves the right to grant, refuse, withdraw, restrict,
alter or cancel credit terms at its discretion. Where the Service is to
be supplied over a period of time each instalment thereof shall be
treated as a separate contract and failure by the Provider to provide
any one or more instalments, shall not entitle the Hirer to treat the
contract as a whole as repudiated. vi) If the Hirer fails to make any
payment on the due date then, without prejudice to any other right or
remedy available to the seller, the seller shall be entitled to :a)
cancel the contract or suspend any further deliveries to the Hirer. b)
appropriate any payment made by the Hirer to such of the services (or
the Services supplied under any other contract between the Provider and
the Hirer) as the Provider may think fit (not withstanding any
purported appropriation by the Hirer; and c) charge the Hirer interest
(both before and after any judgment) on the amount unpaid, at the rate
of 2.5% per month until payment in full is made (a part of a month
being treated as a full month for the purpose of calculating interest).
d) charge the hirer’s credit card as listed on the credit card and bank
reference form to bring the account back into agreed trading terms. 9.
The Hirer shall where so required to do by the Driver direct the Driver
where to deposit or pick up the hire item(s). 10.a) Where the provider
or the Driver are requested or directed to deposit or pick up hire
item(s) on or from a site which is off a highway or where delivery
otherwise involves the passage of the vehicle over gratings, drains,
roads, pavements, forecourts, yards, asphalt areas or any like areas
the Provider shall be under no liability whatsoever to the Hirer for
any damage howsoever caused whilst the vehicle is off the highway other
than as shall be caused by negligent driving on the part of the driver.
Without prejudice to the generality of Condition 7c) the Hirer shall
subject as above save harmless and keep the Provider indemnified
against any claim or demand which could not have been made had the
Driver not been so requested or directed. The Hirer will in addition
compensate the Provider for any damage to the vehicle or the hire
item(s) which would not have occurred had the Driver not been so
requested or directed and which is not due to any negligence on the
part of the Driver. b) If the Provider shall be prevented for any
reason beyond its control from delivering or collecting a hire item(s),
the Hirer shall remain liable for the Provider's charges together with
such additional sums as the Provider shall reasonably so require for
the further provision of the Service. 11. The time allowed for
depositing or picking up hire item(s) is ten minutes. If the vehicle is
kept waiting longer than this after arrival the Hirer shall be liable
for reasonable demurrage. Standing times are chargeable at L50 per hour
or part thereof. 12. The standard time allowed for a ‘Wait &
Load’is fifteen minutes. If the vehicle is kept waiting longer than
this initial time, the hirer shall be liable for a waiting charge of
L50 per hour or part thereof. 13. The Hirer shall ensure that all
permissions required before the hire item(s) can lawfully be deposited
on the site including the permission required under the Highways Act
1971 have been or will be obtained before they request the Provider or
direct the Driver to deposit the hire item(s) on the site and that the
said permission will be kept in force during the period of hire and
where necessary for up to 3 working days thereafter. The hirer, will
ensure that all hire item(s) sited on the highways will be lighted and
coned in accordance with the terms and conditions of the highways act
and the issuing local authority’s demands. 14. The Hirer shall not move
the hire item(s) from the site without the consent of the Supplier and
where necessary the highway authority. 15. The Hirer shall ensure: a)
That the Hirer signs a single or multiple consignment transfer note
declaring the waste type and that the waste is accurately described
when completing the transfer note. b) Where the waste type does not
conform to the description as specified on the waste transfer note or
is different to that as specified at the time the hire item(s) was
ordered, then charges will vary accordingly. c) Where inert waste loads
(soil/hardcore/muck) are ordered and they are found to contain other
waste types, in particular mixed builders waste materials thus
contaminating the load, the hirer will be charged accordingly for the
hire tipping charges (typically L40 to L60 per tonne) In particular the
hirer must be aware of the considerable differences in landfill tax
rates. Currently L2/tonne for inert materials and L15/tonne for active
waste materials. d) Where appropriate waste is only stored in suitable
containers. e) that no liquids explosives, toxic, or dangerous
materials including, but not limited to fibrous asbestos, solvents,
minerals or greases will be placed in the hire item(s) without the
written consent of the supplier and that the contents of the hire
item(s) when loaded conform to the requirements of S.I.1980/1709 or any
re-enactment thereof and the local waste regulation authority with
regard omits suitability for disposal as general or special waste as a
controlled waste disposal site. f) If any waste to which the said
section applies is placed in any hire item(s) the Hirer will
immediately give the notices required by the said section and send
copies of such notices to the supplier and the provider. g) That no
bonded asbestos will be placed save where the Hirer has given to the
Provider, a minimum of seven days notice of their intentions so to do
and obtained the written agreement of the Provider thereto and of the
charges to be made with regard thereto. h) No cans, bottles or other
liquid containers are placed in the hire item(s) unless they are dry,
free from liquid, residues and open for inspection. i) That no fridges,
freezers, vehicle tyres, car/commercial vehicle batteries and any other
waste types which following changes in legislation from time to time
may become classified as a special or difficult waste type, 16. The
Hirer shall ensure from the time that the hire item(s) is deposited
until it is picked up again by the Supplier a) It is properly sited in
accordance with any relevant permission and that all conditions thereof
are observed and performed at all times. b) It is properly coned where
necessary during the hours of daylight and coned and lighted during the
hours of darkness. c) No fires are lit in, and no corrosive acid or
noxious substance, liquid cement or concrete placed in the hire
item(s). d) It is filled no higher than the top of its sided and in
such manner as to prevent spillage of material there from both, whilst
the container is stationary or in transit. Where hire item(s) are
located on public or third party property and waste is accumulated for
any reason whatsoever in the immediate proximity of the hire item(s),
the Provider reserves the right to supply a further hire item(s) to
contain the surplus material and to transfer the same to the hire
item(s) and to debit the Hirer with the reasonable costs of so doing.
e) It suffers no damage except fair wear and tear. All damage by fire,
vandalism or other means, the hirer will reimburse the provider all
costs for either replacement or repair. f) No danger is caused by the
hire item(s) or its contents to any third party and in particular but
without limitation thereto to children. g) No unauthorised removal of
the hire item(s) shall take place by the hirer or a 3rd party
contractor without the prior consent of the provider. The hirer will be
debited all reasonable costs incurred in returning the hire item(s), or
in cases where the hire item(s) is deemed lost or stolen the hirer will
reimburse the provider in full. Please note that many insurance
policies will not cover theft of hire item(s). 17. Notwithstanding the
terms of condition 15 it shall be the Hirer's duty to notify the
Supplier of and the Supplier's responsibility to ensure compliance with
any condition imposed by a highway authority relating to the marking of
the hire item(s) with reflective paint. 18. Except as specifically
otherwise agreed in writing the Hirer shall fill the hire item(s)
within the period of hire which is 1 week (7 days - If the hire exceeds
this period, rental charges may be incurred at up to L2 per day for
hire item(s) and up to L10 per day for roll on offs.) and shall inform
the Supplier in good time of its readiness for collection or
replacement. The Hirer shall ensure that from the time when collection
of the hire item(s) is due to take place until the same is collected
there is left a clear space at one end of the container to terminate
the hiring of the hire item(s) the minimum notice period shall be one
clear working day's notice. Ownership of the contents shall pass to the
Supplier on collection unless agreed in writing. 19. The Provider may
arrange the removal or repositioning of the hire item(s) if required at
any time to do so by a highway authority or constable in uniform under
Section 140 of the Highway Act 1980. The Hirer shall be responsible for
the reasonable additional cost thereof on the part on the Provider or
Supplier. 20. It is the responsibility of the hirers representative on
site to keep the hirers copy of the ‘Proof of Delivery’ ticket. Any
copies required at a later date will be subject to a L5 administration
charge. 21. Except as specifically otherwise agreed in writing the
Provider agrees to dispose of such of the contents of the hire item(s)
as shall be in accordance with the terms of this contract. The Hirer
agrees that they will pay the Provider's reasonable charges of dealing
with any of the contents of any hire item(s) which do not comply with
the terms of this contract. 22. Risk: The risk in relation to any hire
item(s) supplied pursuant to this Contract shall pass to this Hirer
upon delivery in accordance with the Hirer's request or direction and
shall remain with the Hirer until the hire item(s) are collected by the
Supplier. 23. Where the Service is provided under a consumer
transaction as defined by the Consumer Transaction (Restriction on
Statements) order 1976, the statutory rights of the hirer are not
affected by these conditions. 24. It is specifically provided and
agreed that any compensation &/or damages payment in respect of any
claim or claims arising out of or in connection with the terms of this
contract for any reason whatsoever and howsoever arising shall not
amount in the aggregate to more than the cost of the provision of the
service by the provider or that part of the Service giving rise to such
claim and Provider and any other person entitled to the benefit of this
contact shall have no further liability to the Hirer. Except in respect
of death or personal injury cause by the negligence of the provider or
any other person entitled to the benefit of this contract, the Provider
or such party shall not be liable to the Hirer by reason of any
representation, or any implied warranty, condition or other term, or
any duty at common law, or under the expressed terms of this contract,
for any consequential loss or damage (whether for loss of profit or
otherwise), costs, expenses or other claims for consequential
compensation whatsoever (and whether caused by the negligence of the
Provider or any other party entitled to the benefit of this contract,
there employees, or agents, or otherwise) which arise out of or in
connection with the supply of the service, except as expressly provided
in these conditions. 25. The Provider shall not be liable to the Hirer
or be deemed to be in breach of the contract by reason of any delay in
performing, or any failure to perform, any of the providers or
suppliers obligations in relation to the service, if the delay or
failure was due to force majeure. 26. Insolvency of Hirer: a) This
cause applies if : i) the Hirer makes any voluntary arrangement with
its creditors or becomes subject to an administration order or (being
an individual or firm) becomes bankrupt or (being a company) goes into
liquidation ( otherwise than for the purposed of amalgamation or
reconstruction); or ii) an encumbrance takes possession, or a receiver
is appointed, or any of the property or assets of the Hirer, or iii)
the Hirer ceases or threatens to cease, or threatens to cease; to carry
on business; or iv) the Provider reasonably apprehends that any of the
events mentioned above is about to occur in relation to the Hirer and
notifies to the Hirer accordingly. b) If this clause applies then
without prejudice to any other right or remedy available to the
provider, the Provide shall be entitled to cancel the contract or
suspend any further deliveries under the Contract without any liability
to the Hirer, and if the Services have been provided but not paid for,
the price shall become immediately due and payable not withstanding and
previous agreement or arrangement to the contrary. 27. Refund Policy
27.1 Application for refunds must be sent directly to Full Circle LTD,
in writing, addressed to the Customer Service Manager. Please note as a
company we do not offer cash refunds, we can however apply a credit
note, once authorised, to use against future purchases. 28.
Cancellation Policy Cancellation of Hire. If the hirer chooses to
cancel the hire, the following charges will be levied: More than 4 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 Please
note cancellation charges apply on all orders once payment has been
taken. Additional Terms & Conditions for Domestic Private Hire The
hirer is responsible for ensuring the position for hire item(s)
delivery has a clear access. Blocked access due to abandoned vehicles
or materials resulting in failed delivery/collection will incur
standing time and or an aborted delivery charge. Hirer is responsible
for theft or damage to hire item(s) whilst on hire & until hire
item(s) is removed by the hire item(s) owner. Full Circle LTD
(including any of our “trading as” companies or associates) cannot
accept any liability for any costs incurred through damage to the
hirers driveway or other property whilst delivering or collecting the
hire item(s) off the public highway. The hire item(s) vehicle is
invited off the highways onto private property at the hirers own risk.
May we kindly draw your attention that tarmac, block paved, and
patterned imprinted concrete driveways are at most risk. The hirer is
also responsible for pointing out low lying cables, narrow entrance
pillars, man hole covers, and any other potential risks or obstructions
to Select A Hire item(s) or the driver prior to the hire item(s)
delivery. The hirer is responsible for lighting and coning of all on
road hire item(s) and unless otherwise advised in obtaining the
necessary council consent with a road permit. In all cases delivery and
collection times are given for guidance only and Full Circle LTD
(including any of our “trading as” companies or associates) accepts no
liability for any costs incurred due to delays in delivery/collection
or failure to deliver on the preferred delivery date due to unforeseen
circumstances. In all circumstances invoices exclude exceptional
conditions such as force majeure'. |
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