CONDITIONS FOR SUPPLY OF SKIPS AND CONTAINERS AND FOR THE DISPOSAL OF THE CONTENTS OF THE SKIPS AND CONTAINERS
1. In these Conditions “Enva” means ENVA ENGLAND LIMITED (company number 03450311) or ENVA SCOTLAND LIMITED (company number SC057052) and its holding, subsidiary and associated companies and the “Customer” means any person, firm or company hiring skips or containers from Enva Including the Customer’s agents, employees, contractors and any other person acting on the Customers behalf. “Skip” includes container. “Contract” means the contract between Enva and the Customer for the supply of the Services, subject to these Conditions. “Services” means the supply by the Supplier of the skips and/or disposal of the contents of the same subject to these Conditions.
2. All agreements for the supply of the Services between Enva and the Customer are governed by these Conditions which supersede all previous arrangements or agreements between Enva and the Customer relating to these activities and no variations of these Conditions shall be binding on Enva unless the variation is in writing and signed by a director of Enva on its behalf.
3. The rates charged by Enva for the supply of the Services are those current at the date of collection. The Supplier may invoice the Customer for the Services at any time following their supply and the Customer shall pay the price (plus vat) for the Services within 28 days of the date of the invoice.
4. If a skip is to be placed on a highway the Customer must at all times during any hire period ensure that:
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 Enva.
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 ensure 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 skip.
5. The Customer must properly direct Enva’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 nuisance, annoyance or danger to the public. Enva will be under no obligation to deposit the skip on or remove a skip from any place other than a highway. The skip may not be removed or repositioned from the place of
deposit without the prior consent of Enva.
6. Skips supplied by Enva shall not be lifted by crane or other lifting device without the use of a suitable cradle, or written consent and certification from Enva that the skip so supplied is suitable for lifting.
7. Without prejudice to Condition 17 the Customer will be liable to reimburse Enva 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 Enva.
8. The Customer must provide Enva with a description in writing 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 Enva 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 Enva corresponds with the description of the waste given to Enva by the Customer.
9. The Customer warrants that they 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 Enva:
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 Enva 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 Enva 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)
Enva 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 Enva believes the Customer is responsible.
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 Enva 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. Enva 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 Enva’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 Enva for any and all additional costs and expenses incurred by Enva including the costs of any abortive journey.
15. The skip shall remain the property of Enva 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 Enva’s negligent handling of the equipment) and for its contents while in its custody end control.
15a. Customer shall inform Enva immediately (by telephone and then confirm in writing) 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 the owner shall be under no liability whatsoever to the hirer 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 hirer shall keep the owner indemnified against any claim or demand which could not have been made had the driver not been so directed. The hirer will compensate the owner 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 Enva 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 Enva or be incurred or become payable by Enva as a result of any breach by the Customer of any of the conditions.
18. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further services to the Customer.
19. The Supplier 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. The Supplier shall accept liability to the Customer for the injury to or death of person caused by the negligence or wilful misconduct of the Supplier.
21. Except for the type of liability referred to at clause 20, the Supplier’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 the Supplier in respect of the part of the Services to which the Default relates.
22. The Supplier 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 the Supplier 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.
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 the Supplier. The Supplier 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 adder ss as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
28. No waiver by the Supplier 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.