Dunmow Group

1. ENTIRE AGREEMENT

THESE TERMS AND CONDITIONS form a binding agreement between us (Agreement) and exclude and supersede the Customer’s terms of business or other communications/documents exchanged between us. These further exclude and supersede any terms that are implied by trade, custom, practice or course of dealing unless otherwise agreed in writing by us. The Customer acknowledges that it has not relied on any statement, promise or representation made by us or on our behalf which is not set out in this Agreement. Nothing in this Agreement shall prejudice any condition or warranty, express or implied, or any legal remedy to which the either party may be entitled in relation to the Services, by virtue of any statute, law, or regulation. Any reference in this Agreement to any legislation, statute, regulation, or provision thereof shall be construed as a reference to that legislation, statute, regulation, or provision as amended, enacted, or extended from time to time.

2. DEFINITIONS

2.1 Defined terms when used in this Agreement shall have the following meanings:

Account Customers means Customers of Us with whom we have agreed in writing terms for the supply, exchange and collection of Containers and/or Services and corresponding payment terms on a weekly or monthly basis.

Contractor or Us means Dunmow Skips Ltd trading as ‘Dunmow Group’.

Customer or You means the person(s), firm or company who purchases the Services.

Container means skip, container, wheelie bin, drum, box or other related goods or materials delivered to the Customer in connection with the Services.

Delivery Point means the address or addresses to which a Container is delivered or the Services are provided.

Hire Period means 14 days from the date of delivery of the Container to the Delivery Point or such longer period (up to 28 days) agreed with the Customer and for which payment has been received from the Customer at the point/time of placing an Order.

Muck Away means the removal of non-hazardous inert material from commercial and trade construction site clearance projects.

Non-Account Customers means any Customer who is not an Account Customer.

Order means either the point /time at which the Customer:

completes an on-line order for a Container using the Contractor’s website shop;
completes a telephone order for a Container using the Contractor’s call-centre; or
(in the case of Account Customers only) receives an email acknowledgement from Us for the supply/exchange/collection of a Container or delivery of Services.

Recycled Aggregates means recycled aggregate material sourced or generated by the Contractor.

Restricted Items means the restricted items listed in Schedule 1 to this Agreement, setting out the non-permitted items of waste that cannot be placed in Containers and must be the subject of a separate Order for collection and disposal between the Contractor and the Customer. This list of Restricted Items can be added to by the Contractor from time to time to take account of changes in legislation or regulations relating to types of waste material and how these can be safely and compliantly recycled, recovered or disposed of.

Services means the hire of a Container, its delivery and collection and the subsequent disposal of the contents thereof or as otherwise described as the services to be provided by the Contractor in the Order.

Surcharges means any additional charges payable by the Customer in respect of the Services including, without limitation:

extended Hire Period charges;
waste journey fees; and
charges for Restricted Items (not quoted for at the time of placing an Order) found in Containers.

Working Day means a weekday (Monday to Friday) excluding any public holiday falling on a weekday.

3. COMMENCEMENT DATE AND HIRE PERIOD

3.1 The Hire Period shall commence on the date on which the Container is delivered to the Customer at the Delivery Point. Where Services only are to be provided, this Agreement shall commence on the date of acceptance by the Contractor of the Order placed for such Services.

3.2. The Hire Period shall end on the earlier of:

the Working Day immediately following the day on which the Customer emails the Contractor to inform Us that the Container is available for collection from the Delivery Point at any time before expiry of the Hire Period, or
the expiry of the Hire Period agreed with the Customer at the time of placing an Order or any extension of the Hire Period agreed by the Contractor and for which payment has been made by the Customer.

3.3 If a Container remains at a Customer’ site for longer than the Hire Period, the Contractor shall be entitled to charge the Customer an additional Container rental charge for any extended period of Hire at the rates advertised on its website from time to time.

3.4 Guaranteed delivery times (AM or PM or within 2-hour designated timeslots) can be provided for an extra charge at the time of placing an Order.

4. CONTRACTOR OBLIGATIONS

The Contractor shall use reasonable endeavours to deliver and/or collect the Container to and/or from the Delivery Point by the date and time agreed between the parties. The Contractor shall not be in breach of this Agreement nor liable for delay in performing, or failing to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the Contractor shall be entitled to a reasonable extension of time for performing such obligations at the Contractor’s discretion.

5. PAYMENT TERMS

5.1 The Customer shall pay to the Contractor the agreed sums for the Services as specified in the Order.

5.2 Non-Account Customers shall pay in full for the Container and/or Services at the time of placing an Order.

5.3 Account Customers shall pay in full and in cleared funds without set-off for the Services within 30 days of the date of the invoice issued by Us. Invoice queries must be raised in writing by Account Customers within 7 days of the date of Our invoice, otherwise it will be deemed payable in full without set-off.

5.4 Payments made after the due date will attract interest on the overdue sum at the rate of 4% above the base rate of the Bank of England from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

5.5 Cancellations of a Container scheduled for collection or exchange can take place in writing at any time up to 15.00 (3pm) on the Working Day prior to the day scheduled for collection/exchange.

5.6 A wasted journey fee will be payable by the Customer at the rates specified on Our website from time to time in the following circumstances:

where a Customer cancels a collection or exchange after 15.00 (3pm) on the Working Day prior to the day scheduled for collection/exchange; or
where Our driver (acting reasonably) determines that a collection or exchange is not possible on grounds of safety or accessibility (e.g. gates locked or Container is blocked) and this is supported by photographs taken by Our driver at the time of the scheduled collection or exchange.

5.7 The Customer shall be responsible for payment of any and all Surcharges invoiced by the Contractor from time to time in connection with any Services, in addition to any hire charges already settled or falling due on account together with any interest calculated in accordance with section 5.4.

6. RECYCLED AGGREGATES

6.1 The supply of Recycled Aggregates by the Contractor to a Customer is strictly subject to availability of the type and specification of Recycled Aggregate at the time an Order is placed by the Customer.

6.3 The Customer acknowledges and agrees that:

Recycled Aggregates are a variable product and the Contractor accepts no liability (direct or indirect) for the specification, quality and/ or ultimate use by the Customer of any Recycled Aggregate that the Contractor supplies;
The Contractor does not warrant or undertake that Recycled Aggregate supplied by it meets any quality protocol applicable to aggregates arising from inert waste or otherwise;
The Customer is responsible for testing and determining the suitability of any Recycled Aggregate supplied by the Contractor for any use that the Customer intends for such material and the Contractor accepts no liability for such testing or suitability of the same.

7. MUCK AWAY

7.1 Unless agreed in writing in an Order, the Contractor does not undertake “all risk”, “lump sum” or “contract” Muck Away works.

7.2 The Contractor shall quote for Muck Away work based on current available tip prices and expressly reserves the right to renegotiate such tipping rates at any time prior to delivery of the quoted Services in the event that the tipping rates quoted are increased outside the Contractor’s control.

7.3 All quotations for Muck Away Services are priced on a “per load” basis subject to a maximum aggregate tonnage for each Muck Away project/piece of work quoted and specified in an Order (Maximum Tonnage).

7.4 The Contractor accepts no liability and/or counter charges if the volume of Muck Away material removed by the Contractor exceeds any tonnage/capacity allowances made by the Customer in its own tendering process.

7.5 The Customer acknowledges and undertakes to the Contractor that:

all loads which leave the Customer’s site in a Contractor’s vehicle shall be safely loaded and shall not exceed the maximum legal gross laden weight of such vehicle;
the material removed does not have any visual contaminants or deleterious matter included, and is as per the soil report provided, or the duty of care description provided by the Customer to the Contractor given in instances where a soil report is not available;
the description of, and the EWC code applied to, the Muck Away material being removed as specified on each waste transfer note/ticket is accurate and that all material removed as part of the Services complies with this waste description;
the Contractor assumes no liability for any loss (howsoever arising) incurred by the Customer for any delay in the Contractor providing any Muck Away Services and the Customer shall indemnify the Contractor for any and all liability that the Contractor incurs (howsoever arising) as a result of a breach by the Customer of any of its undertakings set out in this section 7.5.

Note: not all disposal facilities are obliged to produce physical disposal/tip tickets by the Environment Agency and so in instances where Muck Away material is disposed of at any such facility, we will aim to obtain a letter confirming the relevant waste transfer note/ticket numbers were disposed of at the particular disposal facility used.

9. CUSTOMER OBLIGATIONS

9.1 The Customer acknowledges that each Container shall be under the control of the Customer at all times, from delivery to, and collection from, the Delivery Point (or the Customer’s site if different). The Customer shall indemnify the Contractor for any loss or damage to any Container suffered or incurred by the Contractor whilst a Container is in the possession or control of the Customer.

9.2 The Customer agrees to cooperate with the Contractor at all times in relation to the provision of the Services and shall (for the duration of the Hire Period or such longer period under Section 3 above):

ensure that any Container is used safely and without risk to health or the environment by competent and trained personnel, as the case may be;
ensure that any Container is not used for any purpose for which it is not designed or reasonably suitable;
comply with any conditions regarding the safe use or storage of the Container as prescribed by the Contractor, current regulations and/or industry guidelines; and
be responsible for obtaining and maintaining all consents, licenses and permits required for the provision of the Services as prescribed by legislation or regulation and shall provide the Contractor with copies of such consents on request by the Contractor, and any costs arising out of or in connection with compliance with this condition shall be met solely by the Customer.

9.3 The Customer shall ensure that the Container is not loaded beyond its capacity during the Hire Period. The use of “greedy boards” or artificial extensions to the capacity of a Container by a Customer can result in that Customer being charged a Surcharge which may include the cost of an additional Container plus the use of a grab vehicle to unload excess material into the additional Container and the costs of the safe removal of both Containers from the Customer’s site.

9.4 The Customer shall not deposit nor allow to be deposited any Restricted Items in a Container, unless agreed in writing by the Contractor at the time of placing an Order.

9.5 The Customer undertakes that the Container will not, nor allow it to be used, as an incinerator or for the purposes of burning material deposited therein.

9.6 The Customer agrees that any material deposited within the Container (save for Restricted Items) is deemed by the Contractor to be abandoned by the Customer at the time of collection of the Container. The Customer is deemed to have consented to the removal and disposal of all materials (other than Restricted Items) deposited within the Container upon collection of the Container by the Contractor and the Contractor shall be at liberty to sell, recycle, recover and/or dispose of all materials in the Container following collection. For the avoidance of doubt, the Customer shall be responsible for any and all costs associated with the disposal of all Restricted Items contained within its Container(s) and shall indemnify the Contractor for any and all such costs and expense howsoever incurred.

9.7 The Customer will ensure that there is unobstructed safe and level access for the collection of the Container from the Delivery Point at all times.

9.8 When delivering an empty Container from a public highway or private road to the Delivery Point, hydraulic jacks on the Contractor’s vehicle must be used to lift the loaded skip. The Contractor accepts no responsibility for any damage caused during delivery or collection of a Container where hydraulic jack legs are required to be used.

9.9 It is the responsibility of the Customer to notify the Contractor at the point of placing an Order that the Delivery Point is located on a public highway, including a verge adjacent to a public highway.

9.10 Subject to the Customer complying with its obligations in section 9.9 above and subject to paying the Contractor for the cost of obtaining a permit to place a Container on the public highway, the Contractor shall obtain from the relevant local authority and shall maintain any permits for placing a Container on a public highway or verge.

9.11 The Contractor shall use reasonable endeavours to have such permits in place before the scheduled date for delivery of any Container to be located on or adjacent to the public highway.

9.12 The Contractor will supply lights with each Container to be located on the public highway. It is the responsibility of the Customer to ensure that these lights are fitted and are on and visible on the Container each night during the Hire Period.

9.13 Customers requesting for the Contractor’s vehicle to deliver a Container to a Delivery Point that is not on a public highway shall be liable for any damage or loss incurred by the Contractor in reaching and delivering to such Delivery Point and shall indemnify the Contractor for and in respect of any damage, loss or expenses incurred by it in delivering to, or collecting from, any such Delivery Point.

9.14 The Customer is responsible for ensuring that the Container does not constitute a nuisance to any third party, and that the location and use of the Delivery Point does not breach any statute, regulation, order or bye-law from time to time in force and will not result in the Contractor causing or likely to cause any act of trespass on another person’s land or property.

9.15 The Customer will keep the Container insured against loss, damage or theft during the Hire Period (and any extended period that the Container is located on the Customer’s premises) and will produce evidence of such insurance to the Contractor if requested to do so, who shall be entitled to withhold delivery of the Container until evidence is so received.

9.16 The Customer will not move or attempt to move or allow any third-party to move or attempt to move the Container from the Delivery Point once delivered.

9.17 The Customer will keep the Container in its sole possession and will not lend the Container or sublet it to any person or otherwise part with possession or control of it in any way. The Customer acknowledges that the Container always remains the property of the Contractor and will not in any circumstances be sold or used as security by the Customer. The Customer will not permit any lien to be created on the Container or pledge the Contractor’s credit for repairs to it.

10. LIMITATION OF LIABILITY

10.1 The Customer will indemnify the Contractor against any and all losses, damages or expenses incurred by the Contractor arising from a breach by the Customer of any of its obligations hereunder, including but not limited to the theft of or total loss or damage to, the Container whilst in the Customer’s possession or control.

10.2 The Customer will keep the Contractor indemnified against all liabilities, expenses. costs (including but not limited to any solicitors' or other professionals' costs and expenses, claims, damages and losses suffered or incurred by the Contractor arising out of or in connection with any breach of this Agreement, or any act or omission of the Customer or any person with its actual or implied authority.

10.3 The liability of either party to the other under this Agreement shall be capped at £50,000, unless otherwise increased by agreement between the parties at the time of placing the Order.

11. GENERAL

11.1 If any term or provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision.

11.2 Failure by either party to enforce at any time or for any period any one or more of the terms of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce this Agreement.

11.3 Each Order made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any default in delivery of any other instalment.

11.3 This Agreement, and any dispute or claim arising out of or in connection with or the subject matter or formation shall be governed by and construed in accordance with the law and jurisdiction of England and Wales and its courts.

12. DANGEROUS ITEMS

The following waste types are deemed Dangerous Items and must not be placed in any Container unless with the prior agreement of the Contractor and on prior payment of the applicable charges for disposal of such hazardous waste.

If any Dangerous Items are placed in a Container without prior agreement, the Contractor shall be entitled to charge the Customer, and the Customer shall be obliged to pay, any and all surcharges, costs and expenses incurred by the Contractor in handling, storing, segregating, transporting and disposing of such Dangerous Items.

Charges for Dangerous Items shall apply per item recovered from the Customer’s Container, whether identified upon collection, during tipping, sorting or processing at the Contractor’s site, or at the site of a third party used by the Contractor.

The Contractor will provide full photographic evidence to the Customer to support any claim and applicable surcharge(s).

Asbestos Containing Materials (ACMs)
(Including but not limited to):

Asbestos sheeting (roof and cladding)
Downpipes, hoppers and guttering
Pipe lagging and rope
Gaskets and behind fuse boxes
Asbestos insulating board (AIB) and soffits
Airing cupboard materials and sprayed insulation
Textured coatings
Vinyl floor tiles

Gas bottles/cylinders/aerosols/Batteries (any type) including vapes

Liquid Wastes
(Including but not limited to):

Oils (cooking, engine etc.)
Paints (with liquid still in the cans)
Thinners
Varnishes
Solvents
Any chemicals
Mastic tubes

13. ITEMS ATTRACTING ADDITIONAL CHARGES

Where the Customer generates waste in the course of a business, waste items of the following types shall incur additional charges (“Additional Charge Items”).

In such instances, the Contractor shall be entitled to charge the Customer, and the Customer shall be obliged to pay, any and all surcharges at the prevailing rate (from time to time) as notified to the Customer by the Contractor for each Additional Charge Item recovered from the Customer’s Container, whether identified upon collection, during tipping, sorting or processing at the Contractor’s site, or at the site of a third party used by the Contractor.

For avoidance of doubt, household customers are not subject to additional charges for the Additional Charge Items listed below, including Domestic Upholstered Seating (POPs).

The Contractor will provide full photographic evidence to the Customer to support any claim and applicable surcharge(s).

Domestic Upholstered Seating (POPs)
(Including but not limited to):

Office chairs
Sofas
Armchairs
Sofa beds

Creosote-Treated Wood
(Including but not limited to):

Telegraph poles
Railway sleepers

Tyres/Plasterboard and plaster waste/Fluorescent tubes/Mattresses/Carpets & Rugs

Waste Electrical and Electronic Equipment (WEEE)
Including but not limited to large WEEE items such as:

Fridges
Freezers
Microwave ovens
TVs
Computers
Computer monitors and consoles

13. CANCELLATION POLICY

A. Cancellations Made in Advance

You may cancel your booking, free of charge if notice is given at least one full working day before the scheduled delivery date. To cancel, please contact us via email to sales@dunmowgroup.com with your booking reference number. Refunds will be processed within 3-5 working days to the same card used for the payment.

The Contractor reserves the right to update this Restricted Items list as and when required.

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