Terms and Conditions
1. Definitions and interpretation
1.1 In these terms and conditions, the following expressions have the following meanings:
“Approved Credit Account” A deferred payment arrangement which has been approved by us in writing and which permits you to make payment up to an agreed limit within an agreed period after Delivery;
“Cleared Funds” Funds which have been paid into our bank account and which have been cleared through a cash settlement system and are available for use;
“Conditions” The terms and conditions set out below which form part of and are deemed incorporated into the Contract;
“Contract” Any contract which incorporates these Conditions and is made between the Hirer and us in relation to the Service;
“Delivery” When the Equipment has been left at the place of the Hirer’s choosing;
“Delivery Date” The date that the Equipment is delivered by us to the Hirer;
“Due Date” Date on which the full payment for the hire of the Equipment is due;
“Equipment” Any skip or skips rented by us to the Hirer;
“Hirer” The person, company or other organisation hiring the skip;
“Pricing Schedule” The pricing schedule detailing the current charges for hiring the Equipment issued by the Company from time to time;
“Rental Period” The period commencing on the Delivery Date and expiring on the collection of the Equipment by us;
“Site” The place where the Equipment is deposited by the driver (acting as our agent) at the Hirer’s direction;
“us” or “we” or “our” Hamilton Waste & Recycling Ltd, a company registered in Scotland with company number SC233908, whose registered office is at West Fortune, East Lothian, EH39 5LL;
“Waste” All allowed items of waste as agreed by us to be removed from the Site excluding the following: asbestos, gas bottles, batteries, tyres, solvents, paints, chemicals, and electrical goods which have not received prior agreement (see condition 7.2.4) and any other material not listed above however considered unsuitable for containment.
1.2 References to a time of day are to the time in Edinburgh.
1.3 Any reference to a “Day” or a “Business Day” means a period of 24 hours running from midnight to midnight on the next Business Day.
1.4 All covenants, agreements, undertakings, indemnities, representations and warranties in the Contract by more than one person are entered into, given or made by such persons jointly and severally.
1.5 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions and shall apply where the context so permits for our benefit and our employees, agents and sub-contractors as if they had been parties hereto.
2. Equipment Hire
The Hirer shall hire the Equipment from us for the Rental Period subject to the terms and conditions of the Contract.
3. Basis of contract
3.1 Where the Hirer is either:
3.1.1 an individual;
3.1.2 an unincorporated entity; or
3.1.3 a partnership with three partners or less, and the hire would be covered by the Consumer Credit Act 1974, as amended by the Consumer Credit Act 2006, the Rental Period shall not exceed three months, after which time the Contract will be deemed to have been automatically terminated. Accordingly, the hire of the Equipment is not covered by the Consumer Credit Act 1974.
4.1 The prices for hire of the Equipment, including the daywork rates of our vehicles, are as set out in the Pricing Schedule which is available on request.
4.2 The Hirer must pay us in cash or Cleared Funds on or prior to Delivery, unless the Hirer has an Approved Credit Account.
4.3 If the Hirer has an Approved Credit Account, payment is due no later than 30 days after the date of our invoice, unless otherwise agreed in writing.
4.4 If the Hirer has an Approved Credit Account we reserve the right at any time to withdraw it, or reduce the payment limit, or bring forward the Hirer’s date for payment. Any such alteration will be notified to the Hirer in advance.
5. Failure to pay
5.1 If The Hirer fails to pay us in full on the Due Date, we may:
5.1.1 suspend or cancel any future orders, deliveries or collections; and
5.1.2 charge the Hirer interest at the rate set under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 calculated on a daily basis from the date of our invoice until payment; or
5.1.3 claim fixed sum compensation from the Hirer under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998
6.1 We will deliver the Equipment to the Site specified by the Hirer on the Delivery Date.
6.2 Time of Delivery shall not be of the essence.
6.3 Risk in the Equipment will pass to the Hirer on Delivery and shall remain with the Hirer until the Equipment is uplifted by us at the end of the Rental Period.
6.4 We are not responsible for any damage caused to the Hirer’s property, including driveways, fences, gates or gateposts, when delivering or uplifting the Equipment in private driveways.
6.5 The Equipment shall at all times remain our property and the Hirer shall have no rights, title or interest in the Equipment.
6.6 The Hirer shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the Equipment may be prejudicially affected.
6.7 Once the Equipment has been delivered, the Hirer shall not move the Equipment, from the exact position to which it was delivered on the Site or, from the Site unless prior consent is obtained from us.
6.8 If more than ten minutes is taken in delivering the Equipment, demurrage will be charged at the daywork rate of the vehicle which is delivering the Equipment.
7. Proper use of Equipment
7.1 The Hirer shall ensure that:
7.1.1 if the Equipment is placed on a public highway or anywhere else which may cause damage to property or injury to third parties then the Hirer will provide three marker cones which must be used during the day and three marker cones and six red lights which must be used during the hours of darkness;
7.1.2 the Waste is loaded safely into the Equipment and the load is level ensuring it is evenly loaded either side of the skip, especially when loading with heavy waste; and
7.1.3 all necessary licences, authorities or permissions, including a skip permit, have been obtained from the relevant authority in connection with the use of the Equipment, including when applicable, Local Authority or Police permission to park the Equipment on a public highway.
7.1.4 It is the hirers responsibility to ensure that all site operators are aware of and comply with the proper use of the equipment.
7.2 The Hirer shall not:
7.2.1 fill the Equipment higher than the skip top. Equipment which is overloaded or overweight will not be uplifted and the Hirer will be charged for the wasted journey;
7.2.2 use greedy boards in any circumstance. If greedy boards are used then the Equipment will not be uplifted;
7.2.3 light fires in the Equipment under any circumstance. If a fire is lit then the Hirer will be responsible for any damage caused; or
7.2.4 place electrical goods in the Equipment without prior written agreement from us. There will be an additional charge per electrical item which is placed in the Equipment.
7.3 If any unauthorised or illegal waste is placed in the Equipment then we have the Hirer’s authority to contact the Scottish Environmental Protection Agency and the Hirer will be charged accordingly for the proper disposal of this waste.
7.4 If a Local Authority skip permit obtained by the Hirer expires during the Rental Period and the Equipment is still on a public highway then the Hirer shall be liable for the cost of any fixed penalty levied by the Local Authority.
8. Uplifting the Equipment
8.1 The Hirer undertakes to fill the Equipment within the Rental Period and to give us reasonable notice of its readiness for uplifting.
8.2 If more than ten minutes is taken in uplifting the Equipment, demurrage will be charged at the daywork rate of the vehicle which is uplifting the Equipment.
9. Cancellation policy
9.1 If the Hirer chooses to cancel the hire after the Equipment is en route to, or at, the Site then the total hire charge will still be payable by the Hirer.
10. No rights of set off
Unless otherwise agreed by us in writing (and on such terms as we decide), all amounts due by the Hirer under the Contract shall be paid by the Hirer in full without any set off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.1 In the event that the Hirer breaches any of these terms and conditions, we have the right to uplift the Equipment at any time, without giving any notice.
11.2 The Hirer has no rights of termination.
12.1 The Hirer shall indemnify us in full in respect of:
12.1.1 all expenses and liabilities we may incur (directly or indirectly and including finance costs, legal costs and any costs of instructing a debt collection agency to recover any debt due to us) following any breach by the Hirer of any of the Hirer’s obligations under these Conditions;
12.1.2 all claims by any person for injury to person or property caused by or in connection with or arising out of the use of the Equipment;
12.1.3 all damages, claims, charges, penalties and demands in connection with the use of the Equipment however the same may arise; and
12.1.4 any loss, costs, claims, damages or expenses we may sustain if the Hirer instructs the vehicle delivering or uplifting the Equipment to leave the public highway, whether as a result of:
(i) personal injury;
(ii) damage to the vehicle delivering the Equipment;
(iii) damage to the property of the Hirer; or
(iv) damage to the property of third parties.
13.1 The Hirer shall not assign the benefit of, or any of its rights under, the Contract.
13.2 We may assign (in whole or in part) the benefit of the Contract to any person whatsoever.
13.3 The Contract shall be binding upon and benefit each party to the Contract and their successors and assignees and references to the parties shall be interpreted accordingly.
14.1 Any notice, demand or communication in connection with the Contract shall be given:
14.1.1 to us via email at firstname.lastname@example.org; or
14.1.2 to the Hirer either via the email or postal address which you provided to us during the ordering process.
14.2 Notice will be deemed to have been given when an email is received in full (or the next Business Day if it is received on a weekend or public holiday) or three Days after the date of posting.
15. Entire agreement
15.1 The Contract constitutes the entire agreement between the parties and supersedes and replaces any previous agreement, understanding, undertaking or arrangement of any nature between the parties relating to the subject matter of the Contract.
15.2 The only remedy available to each of the parties in respect of the Contract is for breach of contract and, neither party shall have the right to rescind the Contract for negligent or innocent misrepresentation or otherwise.
15.3 Nothing in this clause shall have the effect of limiting or restricting any liability of the parties arising as a result of fraud or fraudulent misrepresentation.
16. Rights of third parties
The parties to the Contract do not intend that any of its terms shall be enforceable as a third party right by any person not a party to it.
17. Governing law and jurisdiction
17.1 The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or any term of it (including non-contractual disputes or claims) shall be governed by the laws of Scotland.
17.2 The courts of Scotland shall have exclusive jurisdiction to settle any disputes (including non-contractual disputes or claims), which may arise out of or in connection with the Contract. The parties irrevocably agree to submit to that jurisdiction.