THE CUSTOMER MUST ENSURE THAT THEY ARE COVERED BY INSURANCE IN RESPECT OF ANY LIABILITY WHILST USING OUR SERVICE.
(a) ‘Company’ meaning Excel Waste Management Ltd.
(b) ‘Customer’ meaning the company, person, corporation or public authority using services by the Company.
(c) ‘Site’ meaning the address of the Customer or such specified by the Customer agreed by the Company at the time of services supplied.
(d) ‘Contract’ meaning the agreement by the Customer to receive Services by the Company.
(e) ‘Services’ supplied by the Company to the Customer.
(e) ‘week’ shall be seven consecutive days.
(f) ‘month’ shall be one calendar month.
(g) ‘hire period’ meaning the time period from the delivery of a container to the agreed Site for the duration set out in these T&Cs to the collection of the container from the agreed Site which shall not exceed 14 consecutive days.
2. EXTENT OF CONTRACT
No terms other than expressively specified in these T&Cs shall apply to the Contract.
3. MAXIMUM PERIOD OF CONTRACT (HIRES TO UNINCORPERATED BODIES)
The Customer is responsible for the container for the duration of the hire period. The Company reserves the right to collect the container if a collection has not been booked and exceeds the hire period. The Customer is liable for all costs including but not limited to collection fees and disposal of materials within the container upon arrival of collection.
4. CONDITION OF CONTAINER
(a) The Company does not warrant that the container supplied shall be fit for any other or special purpose.
(b) The Customer shall satisfy themselves as to the type and condition of the container supplied at the time of delivery of the container. The Company is not liable to the Customer if the container supplied is different from the one ordered regarding type, condition, capacity or size.
(c) Unless notice to the Company by the Customer is received contrary within 24 hours of the delivered container, the container shall be deemed to be supplied in good order, except for defects which could not have been discovered by reasonable examination.
5. TRANSPORTATION LOADING AND UNLOADING
(a) The Company shall be responsible for delivery and collection of the container to the Site.
(b) Any persons supplied by the Customer to supervise the loading and unloading shall be deemed to be under the customer’s control who alone shall be responsible for any damage caused to the container as a result of the supervision of such loading and unloading. In particular if the delivery and unloading of the container is directed to be off the public highway, the Customer shall be responsible for damage to the property caused during such delivery unloading and during loading and collection.
6. UNAUTHORISED CHANGE OF SITE
The container must not be moved from the agreed Site with written authority from the Company.
7. UNAUTHORISED RE-HIRING OF CONTAINER
The container shall not be re-hired, sublet, or lent to any third party without the previous written consent of the Company.
8. MAINTENANCE, OPERATION AND USE OF CONTAINER
(a) The Customer shall at all times keep themselves acquainted with the state and condition of the container and ensure that it remains safe and serviceable.
(b) The Customer shall not use or permit the use of the container for any purpose other than as a waste container.
(c) The Customer undertakes to use or permit the use of the container only in accordance with any relevant operating and safety instructions that may be supplied with it.
(d) The Customer shall not make any alterations or modifications to the container.
(e) The Customer acknowledges that the Customer, their agent, or employee had been instructed in the safe use and operation of the container supplied and undertakes to ensure that any other user of the container will also be accordingly instructed.
(f) The Customer warrants to the Company that (unless the Company has agreed to obtain the same) he has obtained all consents, licenses, permissions, authorisations and the like which are required for the use and siting of the container. In particular where the container will be directed to be delivered. The Customer shall comply with all conditions and instructions provided by the Highway Authority in connection with any permission granted.
(g) The customer shall provide and maintain for the hire period adequate warning lights (and/or cones as may be relevant) on containers left on or near the public highway or any other place where damage or injury to the third parties could be caused at night.
(h) The Customer shall ensure that the container is not left in a dangerous condition as regards the nature of and the condition of loading of the materials put into the container. The Customer shall ensure that the container is not overloaded, or unevenly loaded with heavy or bulky materials on the top.
(i) The Customer shall not permit dangerous, corrosive, harmful, poisonous or toxic substances or any other contaminated material, gas cylinders or tyres to be put into the container.
(j) The Company may refuse to collect the container if the Customer is in breach of paragraphs (h) or (i) above and for this purpose the hire period shall continue with an additional rental cost of £30 + VAT per day for each day over the hire period until remedied. The Customer must supply photographic evidence of the remedied container for a collection to be booked.
(k) The Customer shall indemnify the Company against the costs of safe disposal of any items in the container on collection which are in breach of paragraph (h) or (i) above.
9. ACCESS BY COMPANY FOR INSPECTION AND COLLECTION OF CONTAINER
The Customer shall at all reasonable times allow the Company, their agent, employees and insurers to have access to the container to inspect and collect.
10. NOTICE OF ACCIDENTS
Shall the container be involved in any accident resulting in damage to the container of the other property or injury to any person, the Company must be notified immediately.
11. CUSTOMERS RESPONSIBILITY FOR LOSS OF OR DAMAGE TO CONTAINER
(a) During the continuance of the hire period, the Customer shall be liable to the Company for the cost of all loss of or damage to the container from any cause whatsoever, except for fair wear and tear.
(b) In the event of loss or damage to the container, hire charges shall continue until such time and ate as the Customer pays for the cost incurred by the Company in respect of such loss or damage.
12. CUSTOMER TO INDEMNIFY COMPANY AGAINST THURD PARTY CLAIMS
(a) The Customer shall at all times indemnify the Company in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with, or arising out of the use, possession or delivery or collection of the container, and in respect of all costs and charges in connection therewith.
(b) The Customer shall at all times indemnify the Company (or its agent or sub-contractor) for any cost, claim, damage, expense or loss incurred by the Company (or its agent or sub-contractor) where the delivery or collection of the container involved the delivery vehicle (or any part of it) leaving the public highway.
13. CONSEQUENTAL LOSS ETC.
(a) The Company shall not be liable for any consequential loss or damage arising from this Contract.
(b) The date and time for delivery and collection of containers are estimates only and the Company shall not be liable for the consequences of late delivery of or late collection of a container.
(c) The Company shall not be liable for any delay or default in performance arising out of force majeure or any reason outside its reasonable control.
(d) Save for liability for death or personal injury caused by the Company’s negligence (which shall be unlimited) the Company’s liability to the Customer shall not exceed the charges for the hire period.
14. TERMINATION OF HIRE CONTRACT
When the hire is for a fixed period, it shall terminate on the date that period expires. When the hire is not for a fixed period or when it is continued after the expiry of a fixed period, without any new period being agreed, either party may terminate the hire by going to the other one working days’ notice in writing.
15. AVAILIABLITY OF CONTAINER ON COMPLETION OF HIRE
(a) The Customer shall be responsible for making the container available for collection by vehicle to the Company’s reasonable requirements on completed of hire in a condition equal to that as at the commencement of hire, fair wear and rear excepted.
(b) When the container cannot be returned to the Company on the completion of the hire owing to the loss, destruction or theft of the container, whether or not due to any fault of the Customers, their agent or employee, the Customer shall pay to the Company the manufacturer’s recommended selling price for that container.
16. PAYMENT OF HIRE CHARGES
(a) Containers shall be hired by the week or for such alternative period as the Company may in writing agree.
(b) All times, including Saturday, Sunday and Public Holidays, falling within the hire period are chargeable.
(c) All hire charges are payable on demand and unless the Customer has a credit account with the Company all hire charges must be paid in advance on delivery of the container. If the Customer has a credit account, invoices must be paid by the Customer within 30 days from date of invoice. The Company may suspend or terminate any contract with the Customer if the customer is in breach of this or any other contract with the Company or if the Customer’s credit references are in adequate or if a credit account is overdue for payment.
(d) If the container if not ready to be collected, or cannot be collected (other than by reason of the Company’s default) on the due date for collection, hire charges shall continue until such time as the container is collected by the Company, or until payment has been made by the customer as described in Clare 15(b).
(e) If payment of a hire charge or other sum due under the contract s not made on its due date for payment the Company may charge interest at the rate of 4% per annum over the base rate from time to time of Barclays allied Irish Bank plc.
17. COMPANY’S NAME-PLATES
The Customer shall not remove, deface or cover up any name-plate or identification mark or number on the container, nor shall they put any mark on the container which might indicate or suggest that the container is not the property of the Company.
18. CUSTOMER NOT TO DISPOSE OF CONTIANER
(a) The Customer shall not sell, mortgage, charge, pledge, part with possession of or otherwise deal with the container except with the written consent of the Company.
(b) the Customer shall protect the container against distress execution or seizure.
(c) The Customer shall indemnify the Company against all losses, damage costs, charges and expenses arising as a result of any failure to observe and perform the terms and conditions of this Clause, except in the case of Government requisition.
19. TERMINATION FOR BREACH OF CONTRACT
(a) This contract of hire shall immediately be terminated without any notice or other act on the part of the Company if the customer-
(i) defaults in the payment of any sums due to the company for the hire of the container or other charges; or
(ii) fails to observe and perform the terms and conditions of this Contract; or
(iii) suffers any distress or execution to be levied against him or makes or proposes to make any arrangement with his creditors or is made bankrupt or, being a Company, foes into liquidation, administration or receivership; or
(iv) does or causes to be done or permits or suffers any act or thing whereby the Company’s rights in the container may be prejudiced.
(b) If this Contract is terminated under this Clause, it shall be lawful for the company to retake possession of the container and, for that purpose, to enter into or upon any premises where the container may be
(c) the termination of the Contract under this Clause shall not affect the right of the Company to recover from the Customer any moneys due under this Contract or damages for breach of this Contract.
(d) The waiver by the company of any breach of any term or condition of this Contract shall not prevent the subsequent enforcement of that term or condition and shall not be deemed a waiver of any subsequent breach.