Terms & Conditions

1. Definition of Use and General
   1. ‘Customer’ refers to the company or person that has requested the hire of equipment from R & S Etherington Ltd.
   2. ‘Equipment’ refers to skips, plant or goods that have been hired / purchased through R & S Etherington Ltd.
   3. ‘Site’ refers to where the equipment is to be deposited at the request of the customer.
   4. ‘Owner/s’ refers to the company or person that owns the equipment.
   5. ‘Vehicle’ refers to the owner’s vehicle
   6. The parties to this contract are the “Hirer” and R & S Etherington Ltd, Normans Corner, Chapel Road, Smallfield , Horley , Surrey RH6 9JH
2. Equipment Use Customers warrant with respect to each skip ordered to be placed other than on private property :
   1. that the permission of the Highway Authority has been duly obtained under Section 139 Highways Act 1980 (Skip permit obtained).
   2. that the said permission will be kept in force by the extension or renewal as necessary.
   3. That they will ensure the observation and performance at all times of all the conditions subject to which the aforesaid permission is granted and in particular will ensure that the skip is properly lighted throughout the hours of darkness.
   4. That they will not remove the skip from the place where it is deposited without first obtaining both the written permission of the Highways Authority and R & S Etherington Ltd.
   5. That they will ensure that at the time of collection there is a clear space at one end of the skip of not less than thirty feet to enable the vehicle necessary access to effect the collection and removal.
   6. Unless specifically otherwise agreed in writing, customers shall themselves provide three marker cones by day and three cones plus six yellow lights on the skip during the hours of darkness as required by the Highways Act 1980 if the same is placed on the Public Highway (including grass verges and footpaths or pavements) or anywhere else where damage to property or injury to third parties is reasonably foreseeable.
   7. The customer warrants:
      1. that the waste material to be placed in the containers falls within the meaning of “prescribed cases” under Section 3 of the Control of Pollution Act 1974 (hereinafter referred to as the “1974 Act”) and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as “the 1976 Regulations”) and any subsequent Regulations issued by the Secretary of State for the Environment under the 1974 Act which are in force on the date of the removal of each loaded container; or
      2. that the requisite licence has been issued under Section 5 of the 1974 Act; AND
      3. that the waste material to be removed or disposed of in the container does not come within the definition of “Special Waste” contained in the Control of Pollution (Special Waste) regulations 1980 (for excluded material refer to section 4.i).
      4. all activities undertaken by the Customer which may be subject to regulation under the Duty of Care (Section 34) of The Environmental Protection Act (1990) are fully compliant with the legislation and do not detrimentally affect the compliance of R & S Etherington Ltd with the said legislation.
   8. Customers requesting or ordering vehicles delivering or collecting skips to leave the road shall reimburse R & S Etherington Ltd in full in respect of any loss, costs, claims, damages or expenses we may thereby sustain whether it is a result of damage to the vehicle, to the skip or to the property of the customer or third party including damage to the road margins and pavements.
   9. Customers shall reimburse R & S Etherington Ltd in respect of any loss or damage to the skips whilst on hire to them from whatsoever cause the same may arise (fair wear and tear excepted). The customer shall also fully indemnify R & S Etherington Ltd in respect of any claim for injuries to persons or property arising out of the use of the skips whilst on hire to them howsoever the same may be caused or arise, and in particular customers undertake :
      1. NOT TO LIGHT FIRES in the skip nor to burn anything therein
      2. Not to place any corrosive acid or noxious substance nor liquid cement or concrete in the skip.
      3. To ensure that the skip is not filled above the level of the sides thereof.
      4. To pay all the extra expense and costs including possibly a new container which may result from non-observance of the above.
   10. Two clear working day’s notice is required to terminate the hiring of the Skip. Customers undertake to fill the skip within the period of the license granted under the Highways Act and to give R & S Etherington Ltd such notice of its readiness for collection.
   11. In event of the Highway authority or the Police exercising their powers to, or to cause us to, light, move or remove the skip during the period of hire the customer is responsible for all costs thereby incurred.
   12. The hire cost includes 14 days hire (including day of delivery) unless otherwise agreed. R & S Etherington Ltd reserve the right to charge for any extra days and/or collect the skip once the 14 days is up.
3. Consequential Loss
   1. R & S Etherington Ltd shall not be liable for any consequential losses, expenses, liabilities, claims or proceedings howsoever caused by, or arising out of, the late delivery, non-delivery, or unsuitability of the equipment.
   2. The customer shall be responsible for ensuring sufficient access to the site. Should the vehicle be unable to deliver due to restrictions with access, howsoever caused, the hirer will deemed to be responsible, and will be responsible for the cost of the failed delivery which will be no less than 50% of the overall cost paid or agreed.
4. Cancellation and Refund
   1. You may cancel your order for Equipment by giving us notice at any time before we start incurring any costs subject to condition 4.ii
   2. If you cancel an order and you have made any payments in advance for equipment that has not been delivered to you, the Owners shall refund those amounts to you less any card processing fees reasonably incurred minimum £10.00.
5. Restricted Material
   1. The Customer warrants; Not to deposit in the Equipment Restricted Material which shall include (but not limited to)
      Fridges/Freezes
      NO Plasterboard
      Tyres
      Paint cans
      TV’s/Monitors
      Asbestos
      Clinical Waste
      NO food waste
      Florescent Tubes
      Solvents
      Liquids
      Oil
      Batteries
      Hazardous/Toxic Material
      Gas Cylinders
      Surcharges will apply where any of these items have been deposited without the prior permission of R & S Etherington Ltd or the Owner and the Customer warrants to pay any such surcharges immediately upon demand by R & S Etherington Ltd.