Terms and Conditions
Overview Terms and Conditions for the Hiring of Equipment / Containers
- Payment in full for the equipment/container shall be due before delivery (unless otherwise agreed). If a customer fails to make a payment in full by the due date, the Company shall be entitled to terminate the contract forthwith and recover all loss or damage resulting from that termination.
- The standard hire period for non-account customers is Midi - 3 Days / 8 Yard - 7 Days (Unless otherwise agreed) Additional charges may apply after this time. The skip will be put out for collection following this period (Unless otherwise agreed).
- The standard hire period for account customers will be a maximum of 8 weeks from the date of delivery and additional rental charges will apply for limited movements (Unless otherwise agreed)
- If the customer requests the equipment to be placed in a position which requires the delivery vehicle to leave the public
highway, the customer shall indemnify the company against any loss, costs, claims, damages or expenses which the company may thereby incur, whether as a result of damage to the delivery vehicle, the equipment/container, the property of the customer or a third party, including gratings, man hole covers, drains, road margins and pavements.
LJR accept no responsibility for damage to property during the delivery or collection of skips.
- During the hire period, the customer will be liable for the replacement cost on a new for old basis of equipment/containers which are lost, stolen or damaged beyond repair or in need of any improvement costs to bring the equipment back to the standard it was hired in (fair wear and tear excepted)
- The customer shall not:
Fill 14-yard skips with Inert or heavy waste - These skips are for light Bulky / DMR waste
Overload the container - Loads MUST be level with the top of the skip. Should LJR be unable to collect the container due to it being unsafe or overloaded, the customer will incur a wasted journey charge or additional weight costs. Increase the size of the skip by adding boards/doors etc.
Set fire to the contents of the equipment - Please refer to point 5.
Interfere with the mechanism of the equipment - Please refer to point 5.
Add on or attach to the equipment any sign-writing, lettering or advertising. Remove, deface or conceal any name plate or mark indicating that the equipment is not the property of the company.
Move the equipment - Please refer to point 5.
Place the following restricted materials in a mixed waste skip (Unless otherwise agreed) Plasterboard, Fridge/freezers, Mattresses / Tyres, TV's/Monitors, Liquids, Asbestos, Paint tins, Clinical/Medical Waste, Gas Cylinders, Fluorescent tubes, Hazardous/Toxic materials. Should these waste types be placed in a skip additional charges will apply.
- If the waste received does not comply within the Companies waste acceptance criteria then the company reserves the right to reject the load and recover any incurred charges.
- If the waste received is not as described at the time of the order then a contamination/sorting charge will be applied.
Terms & Conditions of Skip Hire
1.1 For the purpose of these Conditions:-
“Account Customer”: a customer that holds an account with the carrier;
”Carrier”: LJR – Leeds Junk and Rubbish LTD, a company incorporated in England and Wales and having its registered office at 1 Milestone Court LS28 6HE
“Charges”: the cost of Hire Services as set out in the attached document;
“Confidential Information”: information in whatever form (including, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, clients, customers, products, affairs and finances of the Carrier for the time being confidential to the Carrier and trade secrets including technical data and know-how relating to the business of the Carrier or any of its suppliers, clients, customers, agents, distributors, shareholders or management, whether or not such information (if in anything other than oral form) is marked confidential;
“Container”: the skip or other vessel to be hired by the Customer;
“Contract”: the contract between the Carrier and the Customer on the basis of these Conditions;
”Customer”: the person or company named on the Order;
“General Customer”: a customer that does not hold an account with the Carrier;
“Highway”: has the meaning given to it in clause 7.3;
“Hire Services”: the provision of Containers by the Carrier and any related services;
“Insolvency Situation”: the Customer: (i) enters liquidation; (ii) has a receiver, liquidator, administrator, trustee or an individual with a similar role appointed over any of its assets; or (iii) proposes to make any arrangement with its creditors or goes into liquidation;
“Intellectual Property Rights”: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and
“Order”: the Customer's order for the Container; and “Order Acceptance”: has the meaning set out in clause 2.3.
1.2 In these Conditions, the following rules apply:
1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2 a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.3 a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.4 any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.2.5 a reference to writing or written includes faxes but not e-mails.
- Basis of Contract
2.1 These Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Hire Services in accordance with these Conditions. The Customer must ensure that the terms of the Order submitted by the Customer are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Carrier issues a written acceptance of the Order or delivers the Container (whichever is sooner) (“Order Acceptance”). The Carrier shall not be bound to fulfil an Order until the Order Acceptance is issued.
2.4 Any samples, drawings, descriptive matter, or advertising produced by the Carrier and any descriptions or illustrations contained in the Carrier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of these Conditions nor have any contractual force and this is not sale by sample.
2.5 A quotation for the Hire Services given by the Carrier shall not constitute an offer. A quotation shall only be valid for a period of 28 (twenty eight) days from its date of issue.
2.6 Acceptance of delivery of the Container will be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
3.1 The hire of the Container will commence on the date and time of delivery of the Container to the address stated on the Order.
3.2 Subject to clause10.1, the Customer shall be entitled to hire the Container for the period set out in the Order (the “Hire Period”) unless the Hire Period is terminated earlier in accordance with these Conditions.
4.1 Delivery of the Container shall be made by the Carrier. The Carrier shall use reasonable endeavours to effect delivery by the date and time agreed between the parties but time of delivery of the Container shall not be of the essence.
- Title, Risk and Insurance
5.1 The Container shall at all times remain the property of the Carrier and the Customer shall have no right, title or interest in or to the Container (save the right to possession and use of the Container subject to these Conditions).
5.2 The risk of loss, theft, damage or destruction of the Container shall pass to the Customer on delivery of the Container. The Container shall remain at the sole risk of the Customer during the Hire Period and any further term during which the Container is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Container is redelivered to the Carrier. During the Hire Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:
5.2.1 insurance of the Container to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as the Carrier may from time to time nominate in writing;5.3 All insurance policies procured by the Customer shall be endorsed to provide the Carrier with at least 14 (fourteen) days prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon the Carrier's request name the Carrier on the policies as a loss payee in relation to any claim relating to the Container. The Customer shall be responsible for paying any deductibles due on any claims under such insurance policies.
5.2.2 insurance for such amounts as a prudent owner or operator of the Container would insure for, or such amount as the Carrier may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Container; and
5.2.3 insurance against such other or further risks relating to the Container as may be required by law, together with such other insurance as the Carrier may from time to time consider reasonably necessary and advise to the Customer.
5.4 The Customer shall give immediate written notice to the Carrier in the event of any loss, accident or damage to the Container arising out of or in connection with the Customer's possession or use of the Container.
5.5 If the Customer fails to effect or maintain any of the insurances required under this agreement, the Carrier shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Customer.
5.6 The Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to the Carrier and proof of premium payment to the Carrier to confirm the insurance arrangements.
6.1 The Charges will continue to be chargeable until the Customer has complied with all terms of the hire.
6.2 General Customers shall pay the Charges before delivery of the Container and the Carrier shall not be obliged to deliver the Container until it has received payment of the Charges from the General Customer in full and cleared funds.
6.3 Account Customers shall pay the Charges in full and cleared funds within 30 (thirty) days of the invoice date of the Container to such bank account as is nominated by the Carrier in writing from time to time.
6.4 The Carrier reserves the right to charge interest and any other applicable charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. In addition, if the Customer defaults on payment, the Carrier reserves the right to place the matter in the hands of their debt recovery agents or solicitors, without prior warning in writing, and shall be entitled to a full reimbursement on demand of any fees or disbursements paid by the Carrier to the debt recovery agent/solicitor to aid the recovery of Charges outstanding to the Carrier.
6.5 Title to the contents of the Container remains with the Customer until payment has been made in full. The Carrier reserves the right to return contents of the Container or the equivalent to the Customer in the event of non-payment.
- Customer Obligations
7.1 The Customer shall not:-
7.1.1 light fires or allow fires to be lit in the Container whilst in situ. The additional charge for fire damage is a minimum of £300 plus VAT;7.2 Any and all surcharges payable under these Conditions will be due and payable immediately upon receipt of invoice.
7.1.2 overload the Container by weight or above the sides. Any Container overweight or filled above the sides shall either be made level by the Customer or a surcharge of £100 plus VAT per tonne will be added after collection of the Container by the Carrier Removal of overweight and / or overloaded Containers is solely at the discretion of the Carrier;
7.1.3 board up the Container;
7.1.4 re-site the Container unless required to do so by the Highway Authority
7.1.5 remove or interfere with any identification mark on the Container;
7.1.6 put fridges or freezers in any Container. Breach of this requirement shall incur a surcharge of £100 plus VAT per item;
7.1.7 put asbestos of any form in any Container without prior notification and agreement of the Carrier. A surcharge of £750 plus VAT will be incurred for breach of this provision;
7.1.8 put tyres of any description in any Container. Breach of this provision shall incur a surcharge of £50 per tyre plus VAT;
7.1.9 put electrical items of any description in the Container. Breach of this provision will incur a surcharge of £100 plus VAT;
7.1.10 move the Container. Any damage caused to the Container as a result of the Container being moved will incur a surcharge of a minimum of £300 plus VAT;
7.1.11 do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Carrier in the Container; or
7.1.12 attach the Container to any land or buildings to cause it to become an immovable fixture.
7.3 Where the Container has been or is to be placed on a highway, road or street (the “Highway”) the Customer shall:
7.3.1 inform the Carrier of any Highway permits required;7.4 The Customer shall:
7.3.2 guard the Container at all times with traffic cones;
7.3.3 place and maintain lamps at the offside panel of the Container from half an hour before sunset to half an hour after sunrise; and
7.3.4 ensure that the Highway is left clean, tidy and free from debris at all times.
7.4.1 ensure the contents of the Container shall not fall on the Highway;7.5 If the Customer shall provide adequate warning lights on the Container and the Customer shall also ensure the safe loading of waste into the Container. Container is situated off the Highway but is likely to be a cause of danger or injury to any person during the hours of darkness then
7.4.2 ensure dust will not escape the Container while loading or travelling;
7.4.3 ensure no inflammable, explosive, noxious, corrosive or dangerous material or anything which is or becomes a nuisance, is loaded into the Container;
7.4.4 notify the Carrier immediately of any accident involving or damage to the Container;
7.4.5 and notify the Carrier when the Container is full;
7.4.6 make no alteration to the Container;
7.4.7 maintain the Container in good and substantial repair;
7.4.8 deliver up the Container at the end of the Hire Period or allow the Carrier or its representatives access to the location of the Container to remove it, as agreed between the parties.
- Loss or Damage
8.1 Missing or stolen Containers, lamps and cones, shall be notified to the Carrier and will be charged to the Customer at replacement cost.
8.2 Damage to Containers, cones and lamps during the hire of the Container will be charged to the Customer at cost of repair.
9.1 Nothing in these Conditions shall limit or exclude the Carrier’s liability for:
9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;9.2 Subject to clause 9.1 the Carrier shall not be liable for any property damage caused when delivering/exchanging/servicing and/or collecting Containers on the behalf of the Customer.
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 any other matter that cannot be limited or excluded at law.
9.3 Subject to clause 9.1:
9.3.1 the Carrier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with these Conditions; and9.4 The Customer warrants to the Carrier that the information given by the Customer in the Order is complete and accurate and the Customer hereby indemnifies the Carrier against all costs, demands and liabilities in respect of any information which is or proves to be inaccurate and further indemnifies the Carrier against all fines, penalties and liabilities imposed on the Carrier or arising in respect of any non-compliance or contravention of any law or regulation relating to the Container and its contents together with the costs or expenses relating thereto incurred by the Carrier.
9.3.2 the Carrier’s total liability to the Customer in respect of all other losses arising under or in connection with these Conditions whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount of the Charges paid or payable by the Customer to the Carrier.
9.5 The Customer shall be solely responsible for and hold the Carrier fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the Carrier as a result of any accident involving the Container and its contents (other than death or personal injury resulting from the negligence of the Carrier, its employees or agents).
- Hire of construction skips
10.1 The period of hire for construction skips is normally 7 (seven) days for mini, midi and maxi skips. Unless instructed otherwise at the time of Order the Containers will be collected by the Carrier after the seventh day of hire. If the Customer wishes to hire the construction skip for longer than 7 (seven) days, it must notify the Carrier before the seventh day expires. Charges are applicable from the first day of hire.
- Data Protection
11.1 The Customer agrees that the Carrier may provide the Customer’s details, including any personal data the Carrier holds about the Customer, to third parties for the purposes of obtaining credit insurance, credit reference checks and searches and for market, product and statistical analysis and debt collection purposes. By placing an Order with the Carrier, the Customer is deemed to consent to the Carrier passing the Customer’s personal data to such third parties where consent is required under the Data Protection Act 1998.
12.1 The Carrier may terminate the provision of Hire Services or cancel or suspend all further deliveries under these Conditions or under any other contract between the Customer and the Carrier without incurring any liability to the Customer, and all outstanding sums in respect of the Containers delivered to the Customer shall become immediately due if the Customer:
12.1.1 commits a breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within a period of 14 days after receipt of notice in writing requiring it to do so unless such breach relates to non-payment of Charges due, in which case the Carrier may terminate the Hire Services if the Customer fails to remedy such breach within a period of 7 days after receipt of notice in writing requiring it to do so;
12.1.2 stops trading or is in a position whereby it cannot pay its debts and/or an Insolvency Situation arises;
12.1.3 ceases, or threatens to cease, to carry on all or substantially the whole of its business;
12.1.4 or the equivalent of any of the above occurs to the Customer under the jurisdiction to which the Customer is subject; or
12.1.5 the Carrier reasonably believes that one of the above circumstances is about to occur.
- Consequences of Termination
13.1 Upon termination of the Contract, however caused:
13.1.1 the Carrier's consent to the Customer's possession of the Container shall terminate and the Carrier may, by its authorised representatives, without notice and at the Customer's expense, retake possession of the Container and for this purpose may enter the Customer’s premises or any premises at which the Container is located; and13.2 Upon termination of the Contract pursuant to clause 13.1 or any other repudiation of these conditions by the Customer which is accepted by the Carrier then, without prejudice to any other rights or remedies of the Carrier, the Customer shall pay to the Carrier on demand a sum equal to the whole of the Charges that would (but for the termination) have been payable if these Conditions had continued from the date of such demand to the end of the Hire Period.
13.1.2 without prejudice to any other rights or remedies of the Customer, the Customer shall pay to the Carrier on demand:
184.108.40.206 all Charges and other sums due but unpaid at the date of such demand together with any interest accrued;
220.127.116.11 any costs and expenses incurred by the Carrier in recovering the Container and/or in collecting any sums due under these conditions (including any storage, insurance, repair, transport, legal and remarketing costs).
13.3 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
- Intellectual Property Rights
14.1 No right or licence is granted to the Customer in respect of the Intellectual Property Rights of the Carrier.
- Force majeure
15.1 The Carrier shall not be liable for any failure or delay in performing its obligations under these Conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond the Carrier's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to strikes, lock- outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, extremes of weather, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
- Variation and Waiver
16.1 Any variation to these conditions, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Carrier.
16.2 No failure to exercise or delay in exercising any right or remedy provided under these conditions or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
16.3 No single or partial exercise of any right or remedy under these conditions shall prevent or restrict the further exercise of that or any other right or remedy.
17.1 Any notice required to be given under the Contract shall only be deemed to have been duly received:
17.1.1 if delivered personally, when left at the registered address of the relevant party or otherwise the address notified by the recipient to the other party in writing; or
17.1.2 if sent by pre-paid first class post or recorded delivery, at 9.00am on the second day (excluding weekends and public holidays) after posting; or
17.1.3 if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed;
17.1.4 if sent by email, at the time of transmission.
- Entire Agreement
18.1 These Conditions constitute the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of these conditions. Each party acknowledges that it has not relied upon any warranty, representation, statement or understanding other than those expressly set out in these conditions.
- Rights of Third Parties
19.1 No term of these Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Conditions.
20.1 The Carrier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
20.2 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions without the prior written consent of the Carrier.
21.1 The Customer shall keep confidential any Confidential Information that it may acquire and shall not use the Confidential Information for any purpose other than to perform its obligations under these Conditions and will ensure that its officers and employees comply with the provisions of this clause 21.
22.1 If any court or competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected and the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- Governing Law and Jurisdiction
23.1 These Conditions and the Contract, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.