RF SKIP HIRE Ltd
TERMS AND CONDITIONS OF BUSINESS
This Statement sets out the terms upon which RF Skip Hire Ltd (RFSH) agrees to provide the services, details of which are set out on the delivery ticket, to the Customer whose name and address appears on the delivery ticket (The Customer). No variation of them shall be effective unless agreed in writing and signed by a Director of RFSH
- RFSH agree to supply and deliver the Equipment at the Delivery Address on the Delivery Date at the Price, details of which are set out on the delivery ticket, and thereafter to remove the Equipment together with waste or other materials (the Waste Material) deposited by the Customer in the Equipment on the Removal date set out or such other date as RFSH shall at its absolute discretion determine, subject to the terms and conditions set out hereunder.
- In consideration for the services set out in condition 1 above, the Customer agrees to pay RFSH the price on the Removal Date or upon such other date as shall be agreed in writing with RFSH.
- The Equipment shall be at the Customer’s risk from the time that it is delivered to the Delivery Address to the time that it is removed from the Delivery Address by RFSH. However, for the avoidance of doubt, title in the Equipment shall remain with RFSH.
- If the price is not paid by the Customer on the Removal date or such other date, as agreed in writing with RFSH then RFSH shall be entitled to charge interest thereon which shall accrue from the date when payment became due from day to day until the date of payment at the rate of 6% above HSBC Bank PLC’s base rate from time to time in force and shall accrue at such a rate after as well as before judgement.
- Where the Customer is a limited company, by signing this Agreement, the signatory who is signing on behalf of the Customer agrees to personally guarantee the payment by the Customer of the price and to indemnify RFSH in the event of non payment of all or part of the price by the Customer.
- RFSH shall not be responsible for any delay in the delivery of or the removal of the Equipment or the consequences of such delay unless arising from RFSH wilful acts, omissions or negligence.
- The Customer agrees to indemnify and keep indemnified RFSH from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by RFSH resulting from a breach of this Agreement by the Customer, including any act, neglect or default of the Customer’s employees or agents.
- The Customer warrants that the permission of the Highways Authorities has been obtained where the equipment is to be placed other than on private property and that the Customer will ensure that all conditions subject to such permission shall be observed at all times, particularly in respect of lighting during the hours of darkness.
- The Customer agrees to accept full responsibility for and to reimburse RFSH in respect of any loss, cost, claim, damages or expenses that RFSH may sustain whether as a result of damage to their vehicles, equipment, themselves or to the property of the Customer or third parties during the course of the delivery or collection of the Equipment where such delivery or collection entails RFSH vehicle leaving the public highway.
- If the Equipment is returned in a damaged or defective state except due to fair wear and tear, the Customer agrees to pay RFSH for the costs of any repair required to return the Equipment to a condition fit for re-hire. The Customer agrees to pay to RFSH the replacement costs on a new for old basis of Equipment which is lost, stolen and/or damaged beyond economic repair during the period of this Agreement.
- The Customer agrees to indemnify RFSH in respect of any claims for injury to persons or property arising out of the use of the Equipment whilst on hire to the Customer howsoever the same may be caused or arise including damage by fire.
- The title of all non-hazardous waste deposited in the Equipment is transferred to RFSH.
- The Customer agrees that the Equipment be loaded level and will not be heaped. RFSH will be entitled to charge the Customer in respect of loaded Equipment at the rate of £25 per yard (or such other rates as RFSH shall reasonably determine.) Minimum one yard.
- The size of the Equipment as stated delivery ticket is nominal and approximate.
- The Customer will not move the Equipment.
- If the Customer:
16.1 fails to make any payment to RFSH when due:
16.2 provides incomplete materially inaccurate or misleading facts and/or information in connection with this agreement.
16.3 Has a bankruptcy petition presented against it or being a company enters into voluntary arrangement or
administrative receiver appointed over all or any of its assets or any distress, execution or other legal processes levied on any property of the Customer.
16.4 Appears to RFSH to be financially unable to meet its obligations under this Agreement ; and /or
16.5 Appears reasonably to RFSH to be about to suffer any of the above events. Then RFSH shall have the right with prejudice to any other remedies to exercise any or all of the rights set out in clause 17 below.
- If any of the events set out in clause 16 above occurs in relation to the customer then.
17.1 RFSH may enter without prior notice the Customer’s premises (or premise of third parties with their consent)where the Equipment may be and re-possess the Equipment.
17.2 All monies owed by the Customer to RFSH shall immediately become due and payable:
- The Customer agrees to be liable for the acts and/or omissions of its employees, agents, servants and/or sub-contractors as though they were its own acts and/or omissions under this Agreement.
- No waiver by RFSH of any breach f this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the effected provisions shall be unaffected and shall remain in full force and effect.
- This Agreement is governed by interpreted in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
- Where the Customer comprises more than one person or entity, all agreements on the part of the Customer shall be joint and several and the neuter singular gender throughout this Agreement shall include all genders and the plural and the successor in title to the parties.
I confirm that I have fulfilled my duty to apply the waste hierarch
as required by Reg12 of the Waste ( Eng & wales) Regs 2011