Conditions For Hire Of Builders Skips
Conditions For Hire Of Builders Skips
In these conditions:
`owner` means registered carrier;
`hirer` means person or company to which accounts are rendered;
`vehicle` means the vehicle which is delivering, exchanging or collecting the skip which is the subject of the contract and any equipment mounted on or ancillary to the vehicle;
`driver` means the driver of the vehicle;
`the site` means the place where the skip is deposited on the directions of the hirer.
The owner enters into the agreements for hire of skips and disposal of contents upon the following conditions:
- No agent or employee of the owner is permitted to alter or vary these conditions in any way to give any consent thereunder unless he is authorised to do so.
- The owner will use his best endeavours to comply with the hirers requirements but can accept no responsibility for failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the owners’ control or any unforeseen or abnormal conditions or by any act or neglect on the part of the hirer.
A. Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere than on the highway.
B. The hirer shall save harmless and keep the owner indemnified against any claim, demand or penalty arising out of the period of the skip on the site and which could not have been made had the skip not been placed on the site.
C. The hirer shall reimburse the owner for any loss, damage, or harm to the owners’ vehicle and or skips from whatever cause except fair wear and tear.
D. The hirer shall fully indemnify the owner in respect of any claims for injury, damage or harm caused to persons or property arising from the use of the owner’s vehicle however the injury, damage or harm may arise.
- The hirer shall direct the driver where to deposit or pick up the skip, and where necessary the hirer will provide additional room to enable this to occur in a safe manner.
- Where the driver is directed to deposit or pick up the skip on or from any site which is off a highway, the owner shall be under no liability whatsoever to the hirer for any damage however caused whilst the vehicle is off the highway either than such as might have been caused by negligent driving on part of the driver. Without prejudice to the generality of condition 2B the hirer shall subject as above save harmless and keep the owner indemnified against any claim or demand which could not have been made had the driver not been so directed. The hirer will compensate the owner for any damage to the vehicle and/or the skip which would not have occurred had the driver not been so directed and which is not due to any negligent driving on the part of the driver.
- The time allowed for depositing or picking up a skip is twenty (20) minutes. If the vehicle is kept waiting longer than this after arrival, the hirer shall be liable for reasonable demurrage.
- The hirer shall ensure that all permissions required before the skip can lawfully be deposited on the site including the permission required under the Highways Act 1971 have been or will be obtained before the hirer directs the driver to deposit the skip.
- The hirer shall permit the owner free access and sufficient working space to enable the owner to conduct all necessary operations including all around the vehicle and the skip(s).
- The hirer shall indemnify the owner for any loss or damage suffered by the failure of the hirer to comply with any relevant legislative requirements.
- The hirer shall not move the skip from the site that the skip is set down by the owner without the written (including email and text messages) consent of the owner.
- The hirer accepts that they are the waste producer and as such they are responsible for ensuring that the waste is correctly described to the owner (refer to the Waste (England and Wales) Regulations as amended).
- When detailing to the owner the description of the waste the hirer must give due regard to the Control of Substances Hazardous to Health Regulations as amended and to the Animal By-Products (Enforcement)(England) Regulations as amended.
- The hirer shall ensure that no waste as listed on Schedule 1. of the Control of Pollution (Special Waste) Regulations as amended, and detailed at regulation 9 of the Landfill (England and Wales) Regulations as amended, and as indicated below will be placed in the skip without the written consent of the owner, this includes but is not limited to: asbestos; liquids; powders; sludges; wet wastes; solvents; oils; greases; containers holding or that held pressurised contents (e.g. gas containers including fire extinguishers); paint containers that are not completely empty; fluorescent tubes; or any item with hazardous properties. If any waste to which this section applies is placed in any skip the hirer shall immediately give the notices required by the named legislation and send copies of such notices to the owner.
- The hirer shall not permit to be placed in the skip any material that is deemed by the owner to be awkward or difficult waste, should such waste be discovered by the owner the hirer will be charged the appropriate and prevailing fee(s) for disposal, this includes but is not limited to: large concrete blocks in excess of ½ cubic metre; tree stumps; large pieced of heavy plastic; mattresses; fridges/freezers; tyres.
- The hirer shall ensure from the time the skip is deposited until it is picked up again by the owner:A. Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere than on the highway.
A. It is properly sited in accordance with any permission given
B. It is properly coned and lighted during the hours of darkness
C. No fires are lit in it
D. It is filled no higher than the top of the sides
E. It is safely loaded for transportation in particular there must be an even distribution of weight
F. It suffers no damage except fair wear and tear
G. The skip should be sheeted when not in use and when relevant borough by-laws dictate such sheeting must at no time obscure any lights, cones or warning markers on or associated with the skip
- Notwithstanding the terms and conditions above, it shall be the owner`s responsibility to ensure the compliance of any condition imposed by the Highways Authority relating to the marking of the skip with reflective paint or markers.
- Except as specifically otherwise agreed in writing the hirer shall fill the skip within the period of hire and shall inform the owner in good time of its readiness for collection or replacement. For periods in excess of 7-days casual hire a charge may be made for each week or part thereof.
- The owner shall ensure that the skip is clearly and indelibly marked with his name and telephone number or address.
- The owner will remove or reposition the skip if required at any time to do so by a Highway Authority or constable in uniform under section 140 of the Highways Act 1980. Such movements are a chargeable item to the hirer.
- Except as specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.
- The owner reserves the right not to collect waste if the hirers account is in arrears or a due payment has not been received.
- Where possible, services will be arranged to suit the hirer. If a scheduled delivery, exchange or collection is not made, the hirer should advise the owner and a revised schedule will be arranged.
- The driver will endeavour to obtain a signature for the service being provided if readily available, however, non-signature for any service carried out will not be recognized by the owner as a valid reason for nonpayment of subsequent invoice.
- The owner cannot accept any responsibility for any parking fines received whilst carrying out the service requested. Any fines received will be recharged back in full plus an administration charge.