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Terms and Conditions
1. Definition of Use and General
i . 'Customer' refers to the company or person that has requested the hire
of equipment from R & S Etherington Ltd .
ii. 'Equipment' refers to skips, plant or goods that have been hired / purchased
through R & S Etherington Ltd .
iii. 'Site' refers to where the equipment is to be deposited at the request of
the customer.
iv. 'Owner/s' refers to the company or person that owns the equipment.
v. 'Vehicle' refers to the owner's vehicle
vi . 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 :
i . that the permission of the Highway Authority has been duly obtained under
Section 139 Highways Act 1980 ( Skip permit obtained).
ii. that the said permission will be kept in force by the extension or renewal
as necessary until either the skip is removed or until the expiry of three working
days after notice is given for us to remove the container.
iii. 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.
iv. 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.
v. 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.
vi. 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.
vii. The customer warrants:
a. 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
b. that the requisite licence has been issued under Section 5 of the 1974 Act;
AND
c. 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).
d. 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.
viii. 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.
ix. 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 :
a. NOT TO LIGHT FIRES in the skip nor to burn anything therein
b. Not to place any corrosive acid or noxious substance nor liquid cement or
concrete in the skip.
c. To ensure that the skip is not filled above the level of the sides thereof.
d. To pay all the extra expense and costs including possibly a new container
which may result from non-observance of the above.
x. 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.
xi. 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.
Xii. The hire cost includes 10 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 10 days is up. We are not required to give prior
notification of our intention to remove the skip once the 10 days has expired.
3. Consequential Loss
i . 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.
ii. 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. Restricted Material
i . Fridges/Freezers
Tyres
Paint Cans
TV's/Monitors
Asbestos
Clinical/Medical Waste
Florescent Tubes
Solvents
Liquids
Oil
Batteries
Plasterboard (max 10% of load )
Hazardous/Toxic Material
Gas Cylinders
ii. Surcharges will apply where these items have been deposited without the
permission of R & S Etherington Ltd or the Owner.
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