In these conditions, “owner” means Addyman’s recycling – Waste Management; “hire” means the person hiring the skip; “vehicle” means the vehicle which is delivering or collecting the skip which is the subject of the contract; “drive” means the driver of the vehicle; “the site” means the place whether on or off the highway where the skip is deposited.
The owner enters into contracts with the customer for the hire of skips upon the following conditions:
- The owner shall ensure that the skip is clearly and indelibly marked with the owner’s name and telephone number or address.
- It shall be the owners responsibility to ensure compliance with any condition imposed by a highway authority relating to the marking of the skip with reflective paint.
- The owner will remove or reposition the skip if required by a highway authority or a constable in uniform under section 140 of the Highways Act 1980.
- Except as specifically otherwise agreed in writing to title to and the contents of the builder’s skip passes to the owner at the time of loading the skip onto the vehicle provided that the provisions of condition 12(a) have been satisfied.
- Except as specifically otherwise agreed in writing, the owner shall be under no obligation to deposit the skip elsewhere than on the highway.
- The owner shall use his best endeavours to comply with the customers requirements but can accept no responsibility for failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the owner’s control or any unforeseen or abnormal conditions, or by an act or neglect on the part of the customer.
- The time allowed for depositing or picking up a skip is ten minutes. If the vehicle is kept waiting longer than this after arrival the customer shall be liable for reasonable demurrage.
- Where the driver is directed to deposit or pick up the skip on or from a site which is off a highway.
(a) the owner shall be under no liability whatsoever to the customer for any damage howsoever caused whilst the vehicle is off the highway.(b) without prejudice to the generality of condition 14 the customer shall subject as above save harmless and keep the owner indemnified against any claim or demand which could not have been made had the driver not been so directed; and
(c) the customer will compensate the owner for any damage to the vehicle or the skip which would have not occurred had the driver not been so directed and which is not due to any negligent driving on the part of the driver.
- No agent or employee of the owner is permitted to alter or to vary these conditions in any way or to five any consent thereunder unless he is authorised in writing by the owner to do so.
- the customer shall ensure that all permissions required before skips can lawfully be deposited on the site including the permission required under the Highways Act 1980, have been or will be obtained before the customer directs the driver to deposit the skip. The permission shall remain in force until the skip has left the site.
- the customer shall direct the driver where to deposit or pick up the skip. The customer shall not move the skip from the site without consent from the owner.
- The customer shall ensure that:
(a) no waste to which the Control of Pollution (Special Waste) Regulations 1980 No. 1709 apply will be placed in the skip without the written consent of the owner; and
(b) notwithstanding 12(a) above if any waste to which the said regulations apply is placed in any skip the customer shall immediately give the notices required by this regulation and within the regulation time limit send copies of the consignment note to the owner.
Please ask the owner if you are in doubt. - The customer shall ensure that from the time that the skip is deposited until it is picked up again by the owner:
(a) it is properly sited in accordance with the permission given;
(b) it is properly lighted according to the Highways Act 1980 provisions and the permission during the hours of darkness and unsatisfactory visibility (please note that unilluminated skips are like unlighted holes in the ground);
(c) it is filled no higher than the top of the sides;
(d) it suffers no damage other than fair wear or tear;
(e) no fires are lit in it;
(f) nit is properly marked with the required number of cones. - The customer shall save harmless and keep the owner indemnified against any claim demand or penalty arising out of the presence of the skip on the site and which could have not been made or inflicted had the skip not been placed on the site. If in doubt ask your insurance company whether you have satisfactory cover.
- From 30 October 2007, all wastes that are disposed of to landfill must have been pre-treated prior to receipt. Components of pre-treatment are:
1. The waste has undergone a physical, thermal or biological process such as sorting.
2. The treatment has changed the characteristics of the waste.
3. The change in waste characteristics must achieve a reduction in its mass or a reduction in its hazardous nature, or facilitate its handling or enhance its recovery. - Wastes will be received and reused in accordance with the waste stream unless requested in advance for secure obstruction.
N.B. – cones and lighted lamps must be adjacent to a skip on the highway when there is unsatisfactory visibility and particularly at night.