Quicker Skips Terms & Conditions

Quicker Skips agree to supply the services and equipment to you, the “Customer”) on the following conditions.

1. In accepting this agreement, the Customer hereby acknowledges that the price payable under this agreement is

directly related to the level of risk undertaken by Quicker Skips and that if the Customer so desired a variation of the price

could be negotiated on the basis that the Customer required Quicker Skips to increase its level of risk. In signing the

agreement, the Customer is acknowledging that the risk taken by Quicker Skips is reasonable in relation to the price payable

by the Customer.

2. This Agreement shall commence from the agreement date printed overleaf.

3. In the event that you wish to terminate this agreement you shall give us not less than 2 days written notice prior to

delivery. However, the price of the skip includes delivery and collection. Where skips are cancelled whilst being

delivered, a charge will be made to cover the cost of the journey. This cost is variable depending on the type of skip,

vehicle and the distance travelled.

4. The prices quoted are exclusive of VAT for which you will be charged.

5. The prices we quote can be amended by a reasonable amount if;

5.1. suppliers costs;

5.2. you amend your instructions after we start collections;

5.3. you ask us to expedite collections.

5.4. you cancel your agreement.

6. The hire period is 14 days and we have the right to collect without notice on the 15th day. If a longer hire period is

required, notice must be given in writing.

7. If you breach the agreement you agree to pay liquidated damages for the remaining period of the agreement

(liquidated damages will be calculated as 43% of the aggregate empty charges and rental charges which would

have become payable over the remaining period of the agreement)

8. We will provide a service to you in a proper and efficient manner. Time of performance shall not be of the essence.

9. We reserve the right to make changes to the times and dates of the provision of service in-order to meet our

operational requirements and in order for us to develop and improve our service to you and where possible you

will be given notice thereof.

10. We will at all times collect waste in accordance with the Environmental Protection Act 1990 or any statutory

modification thereof for the time being in force.

11. We will ensure that the waste as described by you is deposited at a licensed or exempt site.

12. We shall not collect any dangerously or unsafe loads or waste from the premises.

13. Our policy is to collect containerised waste. In order to avoid breaching environmental legislation and taking into

account the need to leave your premises in a clean and tidy condition we shall remove occasional excess waste but

at an additional cost to you. You will also be required to sign for such excess waste.

14. If removal of excess waste occurs on a regular basis we reserve the right to review your container requirements.

15. You must ensure that you, your employees or agents at all times comply with any health and safety legislation that

is in effect as well as the Environmental Protection Act 1 990 or any statutory modification thereof at the time

being in force.

16. You will not include contaminated waste or include a waste which requires notification under the Special Waste

Regulations 1980 (or any subsequent regulations) with the waste described by you and being collected by us.

17. You will ensure that containers are safely sited and not overloaded

18. Ownership of and responsibility for the waste will be vested with you until such time as we remove the waste and

it is the Customer’s absolute responsibility to inform Quicker Skips as and when the skip is full and is therefore to be emptied

or removed.

19. For the purpose only of sections 139 and 140 of the Highways Act 1980 and the Builders’ Skips (Markings)

Regulations 1984 the Customer is deemed to be the owner of any skip hired pursuant to this agreement.

20. The Customer is responsible for ensuring that any skip hired pursuant to this agreement complies with the

requirements of the Highways Act 1980, the Builders’ Skip (Markings) Regulations 1984 and the requirements or

conditions imposed by any local or governmental authority for so long as the skip is in the possession of the

Customer.

21. In addition to any other requirements placed on the Customer pursuant to this agreement the Customer shall take

all reasonable precautions and exercise all due diligence in ensuring that at night the following precautions are taken.

a) A traffic lamp in working order shall be placed or attached to the skip;

b) Any such traffic lamp shall comply with the Traffic Sign Regulations;

c) Each traffic lamp shall have an illuminate power of not less than 1 candela and shall remain lit throughout hours of

darkness;

22. The Customer shall, in a safe manner and in such a way that does not create a danger and/or obstruction, place

cones around the skip such that the skip is clearly marked.

23. It is the Customer’s responsibility to ensure that any and all necessary steps are taken to ensure that the skip poses

no danger whilst on the highway, both during the daytime and the nighttime. If the Customer has any doubts as to

what it is required to do in this regard, it must contact either Quicker Skips or the local highways authority for information

and/or assistance.

24. In the event that Quicker Skips supply you with cones and/or lamps Quicker Skips give no warranty that those items are in good

working order or will enable you to fully discharge your obligations to ensure that the skip is safe. It is the

Customer’s obligation to verify that the lamps are in good working order and continue to be in good working order

for the duration of the Customer’s possession of the skips.

25. You will allow us unhindered access to the equipment supplied and at the agreed times in order for us to perform

our obligations under this agreement failing which we will be entitled to suspend the service pending proper access

to the equipment.

26. You agree to reimburse us the full cost of scheduled container empties not collected by us on your premises due to

but not limited to failure of you to provide access to us pursuant to clause 24 above, or third parties restricting

access to our equipment or your premises and when you fail to pre-notify us of a site closure due to a public

holiday, Bank holiday, local holiday or any other reason whatsoever.

27. Any lifts that we provide in addition to what is provided in the schedule will be charged to you at a pro rata rate.

28. All equipment supplied by us remains our property and you agree to indemnify us for any loss or damage

whatsoever and howsoever arising whilst our equipment is on your premises.

29. You shall allow our personnel to repair, move, remove or inspect the equipment. We reserve the right to charge

you for repairs or replacement cost for repeated misuse by you of the equipment.

30. You should not deface or remove any markings or indications attached to the equipment showing the ownership

thereof

31. You will provide such routine cleaning as is necessary to maintain the equipment in a sanitary condition.

32. You must at all times use your best endeavors to ensure that the equipment is situated in a safe place without

causing obstruction or danger to any person or third party failing which you will indemnify us against any claim. You

acknowledge that by asking us to take our vehicle of the public highway you increase our risk and that you the

hirer, warrant that you have suitable insurance or will personally indemnify Quicker Skips for any damage we may cause as a

result of leaving the highway, whether it is our fault or not. You the hirer agree that the fact the vehicle is off the

highway is because you have instructed him to do so, as you have asked for the skip to be placed off the public

highway.

33. This condition sets out the entire financial liability of Quicker Skips (including any liability for the acts or omissions of its

employees, agents and sub-contractors) to the Customer in respect of:

(a) any breach of this agreement;

(b) any use made by the Customer of the services, and or equipment supplied pursuant to this agreement; and

(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection

with this agreement.

34. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by

law, excluded from this agreement.

35. Nothing in these Conditions limits or excludes the liability of the Quicker Skips:

(a) for death or personal injury resulting from negligence; or for any damage or liability incurred by the Customer

as a result of fraud or fraudulent misrepresentation by the Quicker Skips; or Subject to condition 33 (above) Quicker Skips shall

not be liable for: (a) loss of profits; or (b) loss of business; or (c) depletion of goodwill and/or similar losses; or

(d) loss of anticipated savings; or (e) loss of goods; or (f) loss of contract; or (g) loss of use; or (h) loss of

corruption of data or information; or (i) damage to any of the Customer’s real or personal property; (j) any

special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

36. Quicker Skips’s total liability in contract, tort (including negligence, nuisance or breach of statutory duty), misrepresentation,

restitution or otherwise arising in connection with the performance or contemplated performance of this.

37. In any event, Quicker Skips shall not be liable for any loss, except any loss arising in relation to condition 33 (above), unless

advised thereof in writing within twenty-eight days of the occurrence of the claim. Quicker Skips shall in any event be

discharged from all liability whatsoever and howsoever arising in respect this agreement unless proceedings are

brought within one year ofthe date of the accrual of the cause of action.

38. The Customer hereby agrees to keep Quicker Skips indemnified against any loss and/or damage to the skip the customers

property or their clients property, driveway, or other location the skip is situated on, also the customer further

accepts liability for ensuring the area the vehicle has to traverse to collect and or drop the container/skip is of

suitable construction, for the vehicle being used, any damage due to fair movement of the vehicle in providing this

service is at the hires sole risk.

39. The Customer agrees to indemnify and keep indemnified Quicker Skips from and against all costs, claims, demands,

liabilities, expenses, damages or losses (including without limitation any direct or indirect consequential losses, loss

of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses)

arising out of or in connection with the Customer’s negligence, default or breach of this agreement.

40. Given the value of the work involved we both agree that it is not practical to issue work tickets or obtain signatures

for service performed and you shall accept our records as proof of service. However if you require proof of service

then we will do so at a cost of £9.00 on each and every occasion or for any subsequent copy thereof

41. We have the right to terminate this agreement:

41.1. if you commit any breach of the terms hereof and fail to remedy such a breach within 14 days of a written notice so

to do;

41.2. if a receiver is appointed over part or all of your assets or an order is made or a resolution is passed for your

winding up or you become subject to an administration order;

42. Any termination of this agreement shall be without prejudice to the accrued rights by the party.

43. This agreement is personal to you and cannot be assigned without our prior written ‘consent. However we may

assign or subcontract any part of this agreement to any person.

44. Any variation of these conditions is invalid unless we accept it in writing and these conditions shall prevail over any

you seek to impose.

44. In the event that any conditions in your order conflict with these conditions the latter shall prevail.

45. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent

jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid,

unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the

provision shall apply with whatever modification is necessary to give effect to the commercial intention of the

parties.

46. Our rights will not be affected by any relaxation, forbearance, indulgence or waiver in enforcing these conditions.

47. You will not hold us liable for any cost incurred for failure or delay in service due to circumstances beyond our

reasonable control.

48. Our dealings with you are governed by English law and come within the jurisdiction of the English Courts.

Payment Schedule:

When “standard credit” terms are agreed with us you shall remit payment to us no later than the 20th day of the month

following the issuing of an invoice.

1. When “13 weeks advance” terms are agreed with us you shall remit payment to us prior to the commencement of

the period of service.

2. When “direct debit” terms are agreed with us you will receive a monthly invoice in arrears with the amount due

being transferred to our account by no later than the 20th of the month.

3. If you do not pay us on the due date agreed between us you will pay interest on the outstanding balance at the

rate applicable to judgment debts (both before and after any court judgment);

4.2 £25 for a non-payment of a direct debit; and

4.3 £6 for each reminder letter, fax phone call and statement.

Refund Policy:

If cancelled before a vehicle is dispatched a full refund will be provided.

If cancelled once the vehicle has left the depot but before delivery is made an 80% refund will be provided.

If cancelled once the skip has been delivered but not started to be filled a 70% refund will be provided.

If cancelled once the skip has started to be filled with waste, no refund is applicable.

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