1.1 These conditions apply to all agreements for the supply of services by brownSkips.com, a division of Collard Environmental Ltd (CEL) and supersede any previous terms and conditions. No additions or modifications to or terms inconsistent with these conditions shall be binding upon CEL unless specifically agreed in writing by CEL.
1.2 CEL may require a credit application from the customer and in processing the credit application the customer consents that CEL may make enquiries of credit reference agencies or other sources, who may keep a record of CEL enquiry, and that RBWS may use any information obtained for the purposes of risk assessment, fraud prevention and for occasional debt tracing.
1.3 The rights and obligations of the customer under this agreement shall be personal and shall not be assignable without the express consent of CEL.
1.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
2.1 The agreement shall commence on the commencement date and shall continue unless terminated in accordance with this agreement.
2.2 The service shall commence with effect from the date agreed between the parties.
2.3 The standard hire period for non-account customers is two weeks. Additional charges of £15 per week for skips and £30 per week for RoRos will apply for extended periods. We reserve the right to collect the skip or RoRo at any time if payment is refused. We reserve the right to apply the same terms and conditions after 6 weeks for account customers.
3.0 PAYMENT TERMS
3.1 The charge will be calculated as stated online and the payment will be required at order stage.
3.2 The customer shall not be entitled to dispute any payment made. The customer agrees that CEL records will be proof of the service provided.
4.1 CEL shall have the right to increase the charge at any time to take account of any variation in CEL’s costs including (but not limited to) variation in wages, disposal costs, administration costs, cost of materials and equipment, fuel costs, taxes, duties and cost of compliance with relevant legislation. CEL shall endeavour to give the customer not less than one calendar month’s notice of any variation of the charge under this clause, but notwithstanding this the customer shall be liable to pay any increase from the date specified in the notice.
5.0 DELIVERY ACCESS UNLOADING AND RETURN
5.1 The equipment shall be delivered to the site in the quantity specified on order.
5.2 The customer shall provide suitable access to the site, a suitable area for siting the equipment and suitable facilities for turning the vehicle round.
5.3 The driver of the vehicle may in his absolute discretion refuse delivery if he believes that access to the collection site or turning facilities are unsafe or likely to cause damage to the vehicle or if there is any reason to believe that the proposed area for siting the equipment is unsuitable. In this case, a wasted journey cost will be charged.
5.4 Subject to Clause 9.2, the customer shall be responsible for the safety of any person (including the employees and agents of CEL whilst on or about the site.
6.0 PERFORMANCE DATES AND FORCE MAJEURE
6.1 Without prejudice CEL shall have no liability for any delay or default in the provision of the service caused directly or indirectly by breakdown or unavailability of equipment or vehicles, inability to obtain labour or any other causes beyond CEL’s reasonable control.
7.1 Risk of any loss or damage to the equipment shall pass to and remain with the customer from the time when the equipment first arrives at the site, except where the loss or damage arises from the negligence or wilful default of CEL, its employees, agents or subcontractors.
8.0 EMPTYING, REPLACEMENT AND REMOVAL
8.1 The customer shall at all times allow CEL, its employees or agents access to the equipment to empty or replace it and on the termination to remove it from the site.
8.2 All waste deposited in the equipment shall become the property of CEL from the time when CEL empties or replaces the equipment PROVIDED THAT this clause shall not absolve the customer from any liability or responsibility in relation to the waste.
9.0 EQUIPMENT LOADING
9.1 The customer will conform to any statutory enactments and regulations and bye-laws and regulations of local or other statutory authorities which apply to the equipment.
9.2 The customer shall not:
9.2.1 overload or overfill the equipment; or
9.2.2 set fire to the contents of the equipment; or
9.2.3 interfere with the mechanism of the equipment; or
9.2.4 add or attach to the equipment any painting, sign, writing, lettering or advertising.
9.3 All equipment provided shall remain the property of CEL and the customer will have no rights to the equipment. The equipment must only be used by the customer and must be kept at the site. The customer shall have no right of lien over the equipment.
9.4 The customer has agreed that the equipment is suitable to contain and transport the waste in the quantities specified. CEL relies on the customer’s advice as to the quantity and weight of waste involved in the provision of the service.
10.1 The customer and CEL shall each sign a new Transfer Note. It is an offence to overload skips or to set fire to materials in the skip. Any damage caused to skips will be charged to the hirer, the minimum charge will be £100. The skip hirer is responsible for the lighting of a skip on a licence and safety of the cones and lights. Hirers ordering vehicles off the public highway do so entirely at their own risk.
10.2 CEL will be entitled to refuse to deal with any material:
10.2.1 which it has reason to believe is toxic, poisonous, explosive, inflammable or otherwise dangerous; or
10.2.2 the handling of which may cause CEL to incur civil or criminal liability; or
10.2.3 which it has reason to believe is or may be a special waste; or
10.2.4 the disposal of which might involve CEL in additional expense or an unreasonable amount of extra work.
11.1 CEL will use all reasonable endeavours to satisfy itself that any disposal site at which the customer’s waste is disposed of is operated in accordance with statutory requirements where such disposal site is not operated by CEL. However, CEL accepts no liability whatsoever for any third party’s failure so to operate.
12.0 CANCELLATION POLICY
12.1 we reserve the right to cancel the contract between us if:
12.1.1 we cannot obtain the authorisation of payment for the goods you have ordered;
12..1.2 we have insufficient stock to deliver the goods you have ordered;
12.1.3 we do not deliver to your area;
12.1.4 what you ordered was listed at an incorrect price due to a typographical error or an obvious error in the pricing information uploaded to our website.
13.0 LIABILITIES OF THE CUSTOMER
13.1 During the agreement, the customer shall make good to CEL all loss of or damage to the equipment (fair wear and tear excepted).
13.2 Subject to Clause 9, the customer shall indemnify and hold CEL harmless against any injury, demands, actions, costs, charges, expenses, loss damage or liability to any persons or property arising from:
13.2.1 any act, omission or negligence of the customer, its agents or employees; or
13.2.2 the provision of the service.
13.3 If the customer requests that the equipment be placed in a position which requires the vehicle to leave the public highway, the customer shall indemnify and hold CEL harmless against any loss, costs, claims, damages or expenses that CEL may thereby incur whether as a result of damage to the vehicle, the equipment, the property of the customer or a third party including damage to the road margin or pavements.
13.4 The customer shall maintain insurance cover in respect of this indemnity and shall at the request of CEL provide a copy of the insurance policy as proof of maintaining such cover.
14.1 CEL reserves the right to amend this agreement as it considers necessary to comply with statutory requirements from time to time or any change in legislation governing the collection, transport and disposal of waste and will notify any such amendment to the customer as soon as practicable.
15.1 Any proposal, acceptance, agreement, authority, permission or notice referred to in this agreement shall be:
15.1.1 in writing; and
15.1.2 given to the party for whom it is intended at the address for that party as set out in this agreement, or such address as is notified to the other party for that purpose; and
15.1.3 given by post or email and shall be deemed to have been received two working days after the date of posting or one working day after the date of email as the case may be.
16.0 GOVERNING LAW
16.1 This agreement shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
16.2 Any reference to any Act of Parliament regulation or order shall include any re-enactment, amendment, replacement or modification thereof.
17.1 No time indulgence or relaxation on the part of CEL shown or granted in respect of any of the provisions of this agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of CEL under this agreement, or operate as or be a waiver of any breach by the customer of the terms of this agreement.
18.0 REFUND POLICY
18.1 No charges will be applied to cancellations with more than 24 hours notice, cancellations received within 24 hours of delivery may incur a £95 charge. All refunds will be processed within 5 working days.
In these conditions, the following words and expressions shall have the following meanings:
“Charge” means the total amount payable for the service in respect of the collection charge, daily rental and delivery charge.
“Charge per tonne” means the amount per tonne of waste collected in any lift.
“Disposal Site” means the site or sites, further particulars of which are set out on the ticket.
“Equipment” means each and every item of waste disposal equipment hired out by CEL to the customer, including containers.
“Relevant Legislation” means any statute, European Community Directive or the requirements of any government department, local authority or other public or competent authority and guidelines contained in government waste management papers and codes of practice issued by the government for the waste disposal industry and which are relevant to the parties’ obligations under this agreement.
“Service” means the provision of equipment and a Transfer Note (or any other document required for the lawful storage, collection, transportation and disposal of waste), collection of waste, transport of waste, disposal of waste or any part thereof as agreed between CEL and the customer.
“Special Waste” means a special waste as defined in the Special Waste Regulations 1996.
“Transfer Note” means the current controlled waste descriptions and transfer note completed by the customer and CEL pursuant to the provisions of the Environmental Protection Act 1990 and regulations made there under which relates to the waste covered by this agreement.
“Vehicle” means each and every vehicle owned or operated by CEL, its agents or sub-contractors which visits any collection site to deliver, empty, replace or remove equipment.
“Waste” means the waste, further particulars of which are set out on the ticket or in any current Transfer Note applicable to this agreement.
“Working Day” means a day (excluding Saturday and days where local holidays do not coincide with public/bank holidays) on which banks in London are open for general business.