Terms & Conditions
Wastecycle Limited trading as Skips Direct
CONDITIONS FOR SUPPLY OF SKIPS AND CONTAINERS AND FOR THE
DISPOSAL OF THE CONTENTS OF THE SKIPS AND CONTAINERS
1. In these Conditions "Wastecycle" means Wastecycle Limited (company number 3450311) trading as Skips Direct or skips direct and its holding, subsidiary and associated companies and/or any subcontractor operating on the behalf of Wastecycle. "Customer" means any individual, person, firm or company that orders "Services" from Wastecycle including the customers agents, employees, contractors and any other person acting on the customers behalf. "Contract" means the agreement between Wastecycle and the Customer for the supply of the Services subject to the conditions listed below. "Services" means the supply by Wastecycle of the Skips and/or disposal of the contents of said skips subject to the conditions listed below.
2. All agreements for the supply of the Services between Wastecycle and the Customer are governed by these conditions which supersede all previous arrangements or agreements between Wastecycle and the customer relating to these activities and no variations of these Conditions shall be binding on Wastecycle unless the variation is in writing and signed by a director of Wastecycle on its behalf.
3. The rates charged by Wastecycle for the supply of the Services are those current at the date of order.
4. If a Skip is to be placed on a highway the Customer must at all times during any hire period ensure
a) they have prior written permission from the relevant Highway Authority before the Skip is deposited on the highway and is able to produce evidence of such permission on request by Wastecycle.
b) the Skip is clearly marked with reflecting or fluorescent material (which shall be kept clean) and lit by lamps placed against or on each corner of the Skip during hours of darkness.
c) the Skip is removed from the site when full and that the Skip Is not overloaded.
d) at least three traffic cones are placed in an oblique line along the approach side of the skip starting at the kerbside and ending alongside the off-side approach corner.
e) the highway in the immediate vicinity of the Skip is kept in a clean and tidy condition and that
the highway is not obstructed by any materials which should properly have been deposited in the
5. The Customer must properly direct Wastecycle’s driver to the place where the Skip is to be deposited for the duration of the hire period and the Customer will be responsible for ensuring that Skips are not positioned so as to obstruct access to premises, manhole covers, surface water drains or the like as to cause any other type, nuisance or annoyance or danger to the public. Wastecycle will be under no obligation to deposit the Skip on or remove a Skip from any place other than a highway. The skip maynot be removed or repositioned from the place of deposit without the prior consent of Wastecycle.
6. Skips supplied by Wastecycle shall not be lifted by crane or other lifting device without the use of a suitable cradle, or written consent and certification from Wastecycle that the skip so supplied is suitable for lifting.
7. Without prejudice to Condition 17 the Customer will be liable to reimburse Wastecycle for delays in depositing or recovering the Skip at the charge rate current at the date of deposit or recovery (as the case may be) subject to an allowance of 15 minutes from the arrival at the place of deposit or collection by Wastecycle.
8. The Customer must provide Wastecycle with an accurate description at time of placing the order of the type of waste contained or to be deposited in the Skip. Such description must identity any hazards or potential hazards or difficulties relating to the waste (whether or not such hazards or difficulties are apparent on inspection) to enable Wastecycle to deal with and dispose of the waste in a safe and proper manner. The Customer warrants that waste deposited in the Skip for disposal by Wastecycle should accurately correspond with the description of the waste given to Wastecycle by the Customer. Innacurate descriptions may lead to additional charges being made to the customer.
9. The Customer warrants that he will not deposit or permit to be deposited in the Skip any waste of the following description without first having obtained the prior written consent of Wastecycle: -
a) Hazardous Waste (as defined by The Hazardous Waste Regulations 2005 and the List of Waste Regulations 2005).
b) dangerous, hazardous, toxic, explosive, inflammable or other similar substance or materials.
10. Where Wastecycle gives its prior written consent to the deposit of Hazardous waste the Customer is responsible for ensuring that the provisions contained in Section 62 of the Environmental Protection Act and The Hazardous Waste Regulations 2005 and the List of Waste Regulations 2005 (or any subsequent modification or re-enactment thereof) are fully complied with.
11. In the event of Wastecycle discovering or becoming aware that waste has been deposited in the Skip which does not correspond with the description tendered by the Customer or to which it has not given consent for such waste to be so deposited (as required by Condition 9) Wastecycle may take such action as it considers necessary and appropriate in the circumstances to deal with or dispose of such waste in accordance with the law including (but without limitation to the foregoing) returning the waste to the Customer and notifying the relevant Disposal Authority (or other appropriate regulatory or supervisory body) of any breach of any statutory provision or other duty for which Wastecycle believes the Customer is responsible. This may lead to additional charges being made to the Customer.
12. The Customer shall ensure that fires are not lit in the Skip and that if fires are lit the Customer will be liable for all damage caused as a result thereof.
13. Unless otherwise agreed in writing Wastecycle will dispose of the contents of the Skip provided that the contents correspond with the description provided by the Customer pursuant to Condition 8 above and provided that such contents have been loaded and sheeted by the Customer in a safe and transportable manner.
14 Wastecycle may at its discretion, refuse to lift or remove any Skip which it considers is overloaded or would be hazardous to transport. In this event the Customer will be responsible for re-loading the Skip and having such extra Skips as may be necessary In Wastecycle’s opinion to deal with the load or to make the load safe to transport and without prejudice to Condition 17 the Customer shall indemnify Wastecycle for any and all additional costs and expenses incurred by Wastecycle including the costs of any abortive journey.
15. The Skip shall remain the property of Wastecycle at all times. However, Customer accepts that it has custody and control of the Skip and shall take reasonable care of it whilst at the Customers location, and accepts responsibility for all loss or damage to the Skip (except for loss or damage resulting from Wastecycle Ltd’s negligent handling of the equipment) and for its contents while in its custody end control.
I5a. Customer shall inform Wastecycle immediately by telephone (0845 026 4274) and then confirm in writing to: Skips Direct Dept (UKR), Enviro Building, Private Road No.4, Colwick, Nottingham NG4 2JT if any Skip is lost, damaged or defaced in any way.
16. Where the driver is directed to deposit or pick up the Skip on or from a site which is off a highway Wastecycle shall be under no liability whatsoever to the customer for any damage however caused whilst the vehicle is off the highway other than such as might have been caused by negligent driving on the part of the driver. The Customer shall keep Wastecycle indemnified against any claim or demand which could not have been made had the driver not been so directed. The Customer will compensate Wastecycle for any damage to the vehicle 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
17. The Customer shall indemnify and keep indemnified fully and effectively Wastecycle at all times from and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever and howsoever arising which may be taken or made against Wastecycle or be incurred or become payable by Wastecycle as a result of any breach by the Customer of any of the conditions.
18. The Customer has a statutory right to cancel the Contract prior to delivery of the Skip for any reason and receive a full refund. The Customer will receive a full or part refund of the price paid for the Services in accordance with Wastecycle's refund policy set out in this clause and sub-clauses. The Customer's statutory right to cancel starts from the date the Customer's order is placed online and the Customer may cancel at any time prior to the delivery of the Skip by informing the Skips Direct Team immediately by Phone on 0845 026 4274 or email on firstname.lastname@example.org.
18.a Where performance of the Services begins with the Customer's agreement within seven working days of the Customer's order but before the confirmation of order is sent, the Customer's right to cancel will end on completion of the Services or, if later, seven working days starting from the date the customer receives the confirmation of order.
18.b Where performance of the Services begins with the Customer's agreement within seven days of the Customer's order and after the confirmation of order is sent after that date but before the Services begin, the Customer will have the right to cancel.
18.c This provision does not affect your other statutory rights as a consumer.
18.d If the Customer cancels a Contract Wastecycle will process the refund due to the Customer as soon as possible and, in any case, within 14 days of the day on which the Customer gives notice of cancellation.
18.e Wastecycle will refund any money received from the Customer, usually by the same method originally used by the Customer to pay for the order.
19. Wastecycle warrants that the Services will be supplied with reasonable skill and care. Except where the Services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the warranty provided by the Supplier in this clause 19 is in lieu of all other warranties and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
20. Wastecycle shall accept liability to the Customer for the injury to or death of person caused by the negligence or wilful misconduct of Wastecycle.
21. Except for the type of liability referred to at clause 20, Wastecycle's total liability in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with this Agreement (a "Default") shall not exceed the total sums paid or payable by the Customer to Wastecycle in respect of the part of the Services to which the Default relates.
22. Wastecycle shall not be liable to the Customer for any indirect, special or consequential loss or damage (including, without limitation, loss of reputation and loss of goodwill), loss of profits, costs, expenses or other claims for compensation (whether caused by the negligence of Wastecycle, its employees or agents or otherwise) in connection with this Contract.
23. Each party shall keep strictly confidential all information concerning the business and affairs of the other obtained from the other either pursuant to this Contract or prior to and in contemplation of it, shall use the same exclusively for the purposes of this Contract, and shall disclose the same only to those of its directors and employees to whom and to the extent that such disclosure is reasonably necessary for the purposes of this Contract. Wastecycle will act in accordance to the Data Protection Act 1998 on all data gathered from the Skip Direct website. Wastecycle is able to provide copies of all data held by Wastecycle relevant ot the Skips Direct website to Customers for their perusual.
24. The obligations of clause 23 above shall survive the termination of the Contract but shall not apply to any information which: the recipient can demonstrate was already in its possession and at its free disposal prior to receipt under the circumstances mentioned at clause 18 above; is subsequently disclosed to the recipient without any obligation of confidence by a third party who has not derived it directly or indirectly from the disclosing party; or enters the public domain through no act or default of the recipient, its agents or employees.
25. The Customer may not assign any of its rights or obligations or mortgage, charge (otherwise than by floating charge) any of its rights under this Agreement without the prior written consent of Wastecycle. Wastecycle may assign all of its rights and obligations under this Contract without the consent of the Customer.
26. Each party acknowledges that, in entering into this Contract, it does not do so on the basis of and does not rely on any representation, warranty or other provision except as expressly provided in this Contract and all conditions, warranties or other terms implied by statute or common law are excluded. This condition shall only apply to the extent permitted by law.
27. Any notice required or permitted to be given by either party to the other shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
28. No waiver by Wastecycle of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
29. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
30. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or similar legislation to enforce any term of the Contract.
31. The Contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
WARNING: It is a criminal offence under Section 139 and Section 140 of the Highways Act 1980 to fail to light a Skip properly during the hours of darkness: to fail to remove a Skip as soon as practicable after
it has been filled and to fail to comply with any condition which the Highway Authority may place on the granting of any permission to place a Skip on a highway.
Wastecycle Limited Registered Office: Private Road No.4, Colwick, Nottingham NG4 2JT. Registered in England No. 3450311 February 2008