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The term “Contractor” in these terms and conditions shall mean “Dunmow Skips Limited t/a Dunmow Waste Management”. The term “Customer” shall mean the Customer named overleaf. The term “Container” shall mean the container more particularly described overleaf. The term “Delivery Point” shall mean the address to which the Container is delivered as set out overleaf.
The contract period shall commence on the date on which the Container is delivered to the Customer. The hire period is 7 - days which can be increased to 14 days at point of sale for non-account customers or up to and including a 28-day hire period for all credit account Customers. The contract period shall end on the earlier of the following days. The day on which it is redelivered to the Contractor at the Delivery Point, or the day on which it is collected by the Contractor from the Customer at the Delivery Point specified, or on the expiry of the 84th day of the period. The Customer shall, in any event, return the Container to the Contractor not later than the end of the 84th day of the contract period.
This contract is divisible. Each delivery 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 defect of default in delivery of any other installment.
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.
The Customer shall be responsible for payment of all surcharges to be invoiced to the Customer by the Contractor in addition to any hire charges already settled or falling due on account, such payment to be made on receipt of the invoice. Invoices are deemed received on the second post day after posting.
The Customer shall pay to the Contractor the sum specified overleaf. Cash-Account Customers referred to as “Cash” must pay in full before delivery or other works undertaken from time to time as contracted. In all other circumstances, the invoice must be paid within 30 days net monthly of the invoice. Payments made after this date will attract interest in accordance with the ‘Late Payment of Commercial Debts Interest Act 1998’. Invoice queries must be raised within 14 days of receipt of the invoice otherwise will be deemed payment in full. For any same day cancellations, a wasted journey fee of £75 will be applied.
The Container must not be loaded beyond the capacity as stated on the quotation overleaf. Inappropriate materials including but not limited to materials of an obnoxious, dangerous or poisonous nature must not be deposited in the Container [unless by prior arrangement with the Contractor, such arrangement to be confirmed by the Contractor in writing]. The Container must not, on any account, be used as an incinerator or for the purposes of burning refuse deposited therein.
The Container shall be under the control of the Customer at all times, from delivery to collection. The Customer shall ensure that the Container is used safely and without risk to health, is used by competent and duly licensed operators, as the case may be, and is not used for any purpose for which it is not designed or reasonably suitable.
A material deposited within the Container 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 deposited within the Container upon collection of the Container by the Contractor and the Contractor shall be at liberty to dispose of all materials in the Container following collection.
The Customer will ensure that there is unobstructed safe and level access for the Contractors collecting units between the Public Highway and the Delivery Point. When delivering an empty Container from a public highway or private road to the Delivery Point, hydraulic jacks on the rear of the Contractors vehicle must be used to lift the loaded skip. The Contractor accepts no responsibility for any damage caused by the hydraulic jack legs. Where the Delivery Point is on the public highway, including verges, and where Council permits are required by law, responsibility for obtaining maintaining said permits rests with the Customer and must be in place before delivery. The Contractor will supply lights fitted to the Container for use at night. The Customer accepts responsibility for ensuring that all lights are on and operational at night.
Customers requesting for the vehicle to leave the public highway do so at their own risk. The customer shall indemnify Dunmow Skips Ltd of any claim arising from damage, claims or expenses incurred by the vehicle being used for off highway purposes.
The Customer is responsible for ensuring that the Container does not constitute a nuisance to a third party, and that the Delivery Point does not breach any statute or other regulation, order or by law from time to time in force.
The Customer shall keep the Container insured against loss, damage, theft, and third-party risks and shall produce evidence of such insurance to the Contractor if requested to do so, who shall be entitled to withhold delivery until such production.
The Customer shall be responsible for and shall indemnify the Contractor against all loss or damage caused to or by the Container from whatever cause arising, including but not limited to the theft of the Container and The Customer shall 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 these Terms and Conditions, or any act or omission of the Customer or any person with its actual or implied authority.
The Customer shall not move the Container from the Delivery Point. The Customer shall keep the Container in its sole possession and shall not lend the Container or sublet it to any person or otherwise part with possession of it in any way. The Customer acknowledges that the Container remains the property of the contractor at all times and must not in any circumstances be sold or used as security. The Customer shall not permit any lien to be created on the Container or pledge the Contractor’s credit for repairs to it.
This agreement and any disputes or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law and jurisdiction of England and Wales and its courts.