1.1 In these terms and conditions the following terms will have the following meanings:

1.2 Clause headings shall not affect the interpretation of these terms and conditions.

1.3 Words in the singular shall include the plural and vice versa.

1.4 A reference to a statute or statutory provision is a reference to it as if it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.5 A reference to writing or written includes e-mails, faxes and letters.

1.6 Where the words include(s), Including or in particular are used in these terms and conditions, they are deemed to have the words ‘without limitation’ following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

1.7 The provider reserves the right to add to, alter, amend or withdraw any of these terms and conditions without notice. Any typographical, clerical or other error, any 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.

1.8 Any obligation in these terms and conditions on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

2.1 These terms and conditions together with the CPA’s terms and conditions, where applicable, shall regulate the provision of services by the provider to the customer and 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 party hereto.

2.2 All requests for services shall be deemed to be an offer by the customer to purchase services pursuant to these terms and conditions. A contract will come into existence when the provider accepts the offer in writing. The customer agrees that they will rely wholly on their own judgment in the selection of services and will not treat any information supplied to them by the provider as a representation, warranty or guarantee in any manner whatsoever.

2.3 Time shall not be of the essence in the performance of the provider’s obligations pursuant to these terms and conditions and the provider accepts no liability for losses by the customer consequential or otherwise, for failure to or delay in supplying services to the customer’s specification.

2.4 The provision of a service may be partially or wholly suspended at the supplier’s discretion without liability on the part of the supplier for any loss resulting from any such suspensions.

3.1 The customer must notify the provider in writing, before the supplier performs the services, of any requirements of the customer in relation to any aspects of the customer’s health and safety policy of any hazards, risks or dangers that may arise as a result of the supplier performing services on the site; and the customer must rely on their own skill and judgement and satisfy themselves as to the suitability of all approach roads, tracks or grounds, for the purposes of the delivery, siting and collection of all services and to notify the provider, in writing, at the time of ordering of any special requirements. The supplier shall be under no liability whatsoever to the customer for any damage howsoever caused whilst the vehicle is off the highway other than that which is deemed to be caused by negligent driving on the part of the driver.

3.2 The customer shall ensure and maintain that there is adequate and safe vehicle access to the site and that there are adequate and safe facilities for maneuvering the vehicle on or at the site.

3.3 Should the supplier be prevented from providing a service to site for any reason beyond its control, the customer shall remain liable for the supplier’s charges together with any additional sums required by the provider for the further provision of the service.

4.1 While on hire any hired item remains the sole property of the supplier.

4.2 Risk in relation to the hired item shall pass to the customer immediately on delivery to the customer or into custody on the customer’s behalf.

4.3 Unless agreed in writing that a specific person will sign for the hired item, the person signing for and or accepting this has the authority to act on behalf of the customer. Where no such person is available to sign or accept a service within ten minutes of the vehicle arriving on site the supplier’s written confirmation of the service shall be final and binding upon the customer.

4.4 The customer must comply with all reasonable instructions of the supplier relating to the use of the hired item and must not:

• alter, or adapt, or damage or affix anything on or to it;
• place anything in it which is likely to damage it;
• light a fire in it;
• move it to an alternative location or site without the provider’s prior written consent;
• sublet, charge, mortgage, lease, hire, part with possession of or sell it;
• request placement of a container on a public highway without having already secured all necessary permissions and permits from the relevant council and followed their specific rules to do so;
• deposit anything other than the agreed waste in a container. Failure to do so may, at the provider’s discretion, either result in additional charges and or the customer being requested to remove such waste before the hired item is removed from site or accept such waste’s being returned back to site. This includes the customer’s responsibility to having knowledge of and control of the waste type that has been deposited. Any waste, including hazardous, special, difficult or prohibited waste types (as listed on the provider’s website) must not be deposited in a container unless this has been specifically agreed in advance and confirmed in writing by the provider;
• compact the waste in or overfill any container;
• board up to increase a level load marked by the top of a container. If a container has been overfilled by weight or above a level load, marked by the top of the container, the container will not be removed from the site in such a state and the customer will be required to order an additional service from the provider for the removal of the excess waste;
• keep it on site for any longer than the agreed hire period. Failure to do so may, at the provider’s discretion, result in additional hire charges;
• provide less than three working days notice when requesting a service, unless this has been specifically agreed in advance and confirmed in writing by the provider.

4.5 If, while on hire to a customer, a hired item is damaged (fair wear and tear excepted) the customer shall indemnify the provider for the cost of repair to the hired item and for any direct consequential cost arising from such damage.

4.6 If, while on hire to a customer, a hired item is stolen, lost, destroyed or damaged beyond economic repair (fair wear and tear excepted), the customer shall indemnify the provider, in respect of such loss and any direct consequential loss arising therefrom.

4.7 The customer warrants that during the hire period it will have in place and maintain with a reputable insurance company all reasonable insurance, with the interest of the provider in the hired item duly noted on the policy, against loss or damage and also against all risks of third party liability arising out of the presence, storage or use of the hired item in an amount equal to the full new replacement value of the hired item.

5.1 All prices are exclusive of VAT charged at the applicable rate and payable by the customer.

5.2 Non account customers shall pay in advance.

Account Customers

5.3 Unless otherwise agreed in writing by the provider all payments shall be made by the customer within 30 days of the date of the provider’s invoice. All invoices are due for payment in full and the customer shall not be entitled to delay or withhold payment on account of any alleged set off or counter – claim.

5.4 Time for payment shall be of the essence and the provider may in addition to the invoice value charge the customer interest on any overdue payments, whether before or after any judgment, under the Late Payment of Commercial Debts (Interest) Act 1998 where interest will be charged at 4% per month until the amount is paid in full (part of a month will be treated as a full month for the purpose of calculating interest).

5.5 Should any invoice remain unpaid after the due date for payment:

• all invoices, whether having fallen due for payment or not, shall become immediately due for payment by the customer; and
• the provision of further services shall cease until full payment is received; and
• the provider will be entitled to charge the customer’s credit card, as listed on the account application form, to bring the account back to the agreed payment terms.

5.6 In the event that the provider has to take legal action against the customer all costs incurred will be reclaimed which will include ALL court costs, legal costs, lawyers’ fees and late payment interest.

6.1 It is the customer’s responsibility to retain copies of all proof of delivery tickets. Any copies requested at a later date will be subject to a £10 + VAT administration charge.

6.2 It is the customer’s responsibility to provide at least 24 hours’ notice if a service needs to be cancelled. Failure to do so may, at the provider’s discretion, result in the customer being charged a cancellation fee and or the minimum hire charge.

7.1 It is the customer’s responsibility to retain copies of all proof of delivery tickets. Any copies requested at a later date will be subject to a £10 + VAT administration charge.

7.2 Subject to clause 8.1, the provider shall not be liable for any claim, loss or damage (whether consequential, liquidated or un liquidated) arising under any legal liability for any defect in a service whether due to any act, neglect or default of the supplier, its employees, agents or otherwise:

• unless, in relation to any other failure or defect in the performance of a service, the customer shall have notified the provider in writing within seven days after the date of the alleged failure or defect and in this situation the claim, loss or damage shall be limited to not more than the cost of the service or that part giving rise to such claim.

7.3 Subject to clause 8.1, the provider shall not be liable to the customer for any claim, loss or damage resulting from:

• any circumstance arising outside the reasonable control of the provider;
• any instruction given by or any act or omission of the customer, its employees or agents;
• any breach by the customer of any of these terms and conditions.

7.4 The customer shall indemnify the provider in full against all liability, where loss includes loss of profit, damages, costs and expenses (including legal expenses) awarded against or incurred by or paid by the provider as a result of or in connection with any death, personal injury or damage to property arising from any act, default or omission by the customer or any third party in relation to the hired item including loss of or damage to the hired item save and to the extent that such liability, loss or damage is caused by the negligence of the supplier.

8.1 The provider may terminate this agreement and cease to further perform the services immediately on written notice to the customer if:

• the customer has breached these terms and conditions and if the breach was capable of remedy, has not remedied the breach to the satisfaction of the provider within 30 working days of the date of that notice from the provider identifying the breach and requiring its remedy by the customer;
• the customer appears to the provider to be unable or appears likely to become unable to pay its debts.

8.2 If the provider terminates the services pursuant to clause 9.1, the customer will pay the provider all costs, losses, claims, expenses and damages incurred by the provider as a result of the customer’s breach and the consequent termination and the provider shall not be liable to compensate the customer for any consequential loss or damage other than that outlined in clause 8.

These terms and conditions shall not be assignable by the customer without the prior written consent of the provider.

The supplier shall not be liable to the customer for any failure or delay in performance of the services due to circumstances beyond its reasonable control, including without limitation to, any act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, unforeseen staff shortages, strike, lock out or any other form of industrial action, accident, inclement weather, difficulties in obtaining fuel, parts or machinery, power failure or breakdown or malfunction of any plant, machinery or computers.

Any waiver, including grant of extra time or failing to insist on its strict legal rights, given by the provider to the customer in respect of a breach of any provision of these terms and conditions by the customer shall not operate as or be construed as a waiver of any further or subsequent breach of any provision of these terms and conditions. These terms and conditions shall remain in full force and effect and the provider’s rights are fully reserved.

12.1 In the case of an account customer, these terms and conditions and the CPA’s terms and conditions (where applicable) constitute the entire agreement between the parties in respect of the services.

12.2 In the case of a non account customer, the customer’s order initiating the services, these terms and conditions and the CPA’s terms and conditions (where applicable) constitute the entire agreement between the parties in respect of the services.

12.3 Variation to these terms and conditions may only be done so in writing signed by the provider and the customer.

If any of the provisions of these terms and conditions are deemed to be void, invalid or unenforceable, the other provisions of these terms and conditions shall remain in full force and effect.

Any notice to a party under these terms and conditions shall be in writing or electronic form and shall be delivered personally, be left at or sent by first class post or by fax or email to the address of the other party or as otherwise notified in writing from time to time.

These terms and conditions are for the benefit of the parties to them and are not intended to benefit, or be enforceable by any other person.

These terms and conditions shall be governed, construed and interpreted in accordance with the laws of England and Wales.