HOWARD SKIPS TERMS AND CONDITIONS
Services provided by Howard Skips to the Customer stated overleaf are subject to the following:-
1. Definitions
In these Terms and condition:-
“Duty of Care” means the duty of care under Section 34 of the Environmental Protection Act 1990;
“Equipment” means the equipment deposited by Howard Skips for the loading with Waste Material;
“Excluded Waste” means any waste which does not comply with the waste description stated overleaf;
“Waste Materials” means the Customer’s waste material described overleaf for collection and disposal by Howard Skips
2. Waste Material
The customer undertakes to Howard Skips that:-
The Waste Transfer Note overleaf contains an accurate and adequate description of the nature and characteristics of the Waste Material to enable Howard Skips to safely and lawfully manage the same: it is the sole owner of the Waste Material; and no excluded waste is or will be contained in waste for collection by Howard Skip.
WASTE MATERIAL MUST BE ACCURATELY DESCRIBED OVERLEAF FOR COMPLIANCE WITH DUTY OF CARE
2.2 Howard Skips shall acquire title to Waste Material when it is loaded into Howard Skip’s collection vehicle.
2.3 The customer shall ensure that the Waste Material is lawfully and properly labelled and packaged to enable it to reach its final point of disposal without escape where Waste Material is contained in drums, bales, bags or other containers.
3. Indemnity
Notwithstanding Clause 2.2, title of risk and liability for any Excluded waste shall remain with the Customer and the Customer shall indemnify and hold harmless Howard Skips from and against any and all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the deposit any Excluded Waste in the collection vehicle, containers and other equipment of Howard Skips or any subsequent handling of such waste by or on behalf of Howard Skips However Howard Skips accepts that it is liable for death or personal injury resulting from its negligence.
4. Payment
Payment shall be made by the Customer to Howard Skips within 30 days from the date of the invoice form Howard Skips unless other payment terms have been mutually agreed between the Customer and Howard Skips.
Howard Skips may charge and the Customer shall pay interest on all overdue payments due from the Customer hereunder accruing from day to day at the rate of 2% per annum above the base rate.
5. Damage to Surfaces and Third Party Property
The Customer recognizes that it is difficult for Howard Skips to ensure that the Customer’s pavement or driving surfaces is adequate to bear the weight of Howard Skip’s vehicles. Therefore the customer accepts responsibility for assessing and ensuring such adequacy and obtaining appropriate insurance cover and responsibility for any damage to the Customer’s walls, pavement, curbing or other driving surfaces resulting from the weight of Howard Skips’ vehicles providing services at the Customer’s location
6. Equipment
6.1. The equipment shall remain the property of Howard Skips at all times. However, the Customer accepts that it has custody and control of the Equipment and shall take reasonable care of it while at the Customer’s location, and accepts responsibility of all loss or damage to the Equipment (except for loss or damage resulting form Howard Skips negligent handling of the Equipment) and for its contents while in its custody and control.
6.2. The Customer shall inform Howard Skips immediately (by telephone and then confirm it in writing) if any Equipment is lost, damaged or defaced in any way.
6.3. The Customer shall keep all Equipment safely secured or sealed at its cost and expense prior to collection.
6.4. The Customers shall not overload (by weight or volume), move or alter the Equipment and shall use the Equipment only for its proper and intended purpose. Equipment must not be loaded above the level of the side thereof.
6.5. The Customer shall ensure that any item of Equipment placed in a street, highway or public thoroughfare is adequately lit and coned at all necessary times.
6.6. The Customer shall indemnify and hold harmless Howard Skips from and against any and all claims, damages, suits, penalties, fines, losses and liability for injury or death to persons or loss or damage to property (including by way of example and not limitation, burnt Equipment and damage to third party’s property) arising out of the Customer’s use, location, operation or procession of the Equipment but not caused by the negligence of Howard Skips or its employees.
6.7. The Customer hereby gives irrecoverable right and license to Howard Skips and its designees to enter any premises at any time with or without vehicles and with and without notice for the purpose of accessing and/or removing the Equipment. The Customer shall provide unobstructed and safe access to the Equipment for any collection. If the Equipment is inaccessible so that any pick up cannot be made Howard Skips will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the required access, however Howard Skips reserves the right to charge to the Customer any wasted or additional collection costs incurred due to the Customer’s failure to provide such access.
7. Responsibility
7.1. Except for liability arising out of Howard Skips negligence or breach by Howard Skips of the Duty of Care.
a) Resulting in death or personal injury: or
b) Resulting in damage to property limited to a maximum of £1,000,000 for any one event or series of connected events.
7.2. The Customer expressly acknowledges being subject to the Duty of Care and the Customer shall indemnify and hold and hold harmless Howard Skips from and against any and all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the Customer’s non-compliance with said Duty of Care.
8. Other Terms and conditions
Except as expressly referred to herein, any other terms and conditions and all warranties, terms, conditions and representations express or implied bylaw are hereby expressly excluded.
9. Hazardous Waste is charged at an extra cost