Terms and Conditions of Construction Hire UK

1. Definition of Use and General

1.1 ‘Customer’ refers to the Company, Firm, Person, Corporation or Public Authority that has requested the hire/purchase of Plant from Uxbridge Recycling Limited, and includes their successors, employees or personal representatives.
1.2 ‘Plant’ refers to all classes of Plant, Machinery, Equipment and Accessories which have been hired/purchased through Uxbridge Recycling Limited.
1.3 ‘Site’ refers to where the Plant is to be deposited at the request of the Customer.
1.4 ‘Owner/s’’ refers to the company or person that owns the Plant.
1.5 ‘Vehicle’ refers to the Owner’s Vehicle.
1.6 ‘Contract’ means the Contract for the purchase and sale of Plant or the hire of the Plant.
1.7 A ‘Day’ shall be eight hours unless otherwise specified in the Contract.
1.8 A ‘Week’ shall be seven consecutive days.
1.9 A ‘Working Week’ covers the period from starting time Monday to finishing time on Friday.
1.10 The ‘hire period’ shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the plant is received back at the Owner’s named depot or other agreed location.
1.11 The parties to this Contract are the “Customer” and Uxbridge Recycling Limited (“Skip Hire”), Unit 10, Lancaster Court, Coronation Road, Cressex Business Park, High Wycombe, Bucks HP12 3TD.

2. Basis of the Contract

2.1 Any quotation or estimate given by Skip Hire is an indication given in good faith and shall not become binding unless confirmed by Skip Hire in writing.
2.2 All prices quoted are based on information available at the date of quotation and Skip Hire reserves the right to vary prices at any time without notice prior to accepting an order from the Customer.
2.3 The Contract made between Skip Hire and the Customer shall incorporate and be subject to these conditions.  No variations to these conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and Skip Hire prior to the date of the Contract.
2.4 Skip Hire reserves the right to make any changes in the specification of the Plant which are required to conform with any applicable safety or other statutory requirements.
2.5 Where the hire of Plant is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 (as amended), the duration of the hire shall not exceed 3 months.  Accordingly, the hire of any Plant is not covered by the Consumer Credit Act 1974 (as amended).
2.6 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer.  Any provision which would be void under any Consumer Protection Legislation or other legislation shall, to that extent have no force or effect.

3. Warranties given by Customer for Plant on Hire

The Customer warrants:
3.1 That the Customer will take reasonable care of the Equipment and only use it for its proper purpose in a safe and correct manner and will notify Skip Hire immediately after any loss and/or damage to the Plant and notify the Police after any theft of the Plant.  The Customer shall be responsible for ensuring the observance of all proper safeguards and precautions against accidents in connection with the use of Plant, and for ensuring its use by authorised persons only.
3.2 That the Customer will take adequate and proper measures to protect the Plant from theft, damage and/or other risks.
3.3 That the Customer will notify Skip Hire of any change of its address and upon request provide details of the location of the Plant and permit Skip Hire, the Owner, the Owner’s Agents or Insurers at all reasonable times to have access to the said Plant for the purpose of inspection, maintenance, replacement or repossession.
3.4 That the Customer will keep the Plant at all times in its possession and control and will not remove the Plant from the United Kingdom without the prior written consent of Skip Hire.
3.5 That the Customer will not continue to use the Plant where is has been damaged and will notify Skip Hire immediately if the Plant is involved in an accident resulting in damage to the Plant, other property and/or injury to any person.
3.6 That the Plant will be returned by the Customer in good working order and condition (fair wear and tear excepted).
3.7 That the waste material to be placed in the Plant falls within the meaning of “prescribed cases” under Section 3 of the Control of Pollution Act 1974 (hereinafter ‘referred to as the “1974 Act”) and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as “the 1976 regulations”) and any subsequent Regulations issued by the Secretary of State for the Environment which are in force on the date of removal of each loaded container; OR
3.8 That the requisite license has been issued under Section 5 of the 1974 Act; AND
3.9 That the waste material to be removed or disposed of in the Plant does not come within the definition of “Hazardous Waste” contained in the Hazardous Waste (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005.
3.10 That all activities undertaken by the Customer which may be subject to regulation by virtue of any applicable duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant with the legislation and do not detrimentally affect the compliance of Skip Hire with the said legislation or in any way render Skip Hire liable under Section 33 of the said Act or otherwise liable.
3.11 That the Customer shall be responsible for compliance with relevant regulations issued by the Government or Local Authorities, including Regulations under the Factories Acts, Health and Safety at Work Act etc. and observance of the Road Traffic Acts should they apply, including the cost of Road Fund Acts should they apply, including cost of Road Fund Licenses and any insurance made necessary thereby, save that if and during such time as the Plant is travelling, whether for full or part journey from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the Customer shall be responsible as aforesaid.
3.12 NOT TO LIGHT FIRES in the Plant nor to burn anything therein.
3.13 Not to place any corrosive acid or noxious substance nor liquid cement or concrete in the Plant.
3.14 Not to deposit in the Plant Restricted Material which shall include the following:
 Fridge/Freezers
 Tyres
 Paint Cans
 TV’s/Monitors
 Electrical Items
 Asbestos
 Clinical/Medical Waste
 Florescent Tubes
 Solvents
Liquids
 Oil
 Batteries
 Plasterboard (max 10% of load)
 Hazardous/Toxic Material
 Gas Cylinders
(Surcharges will apply where any of these items have been deposited without the prior permission of Skip Hire or the Owner)
3.15 That if the Plant is returned in a damaged, unclean and/or defective state (expect where due to fair wear and tear), the Customer shall be liable to pay Skip Hire for the cost of any repair and/or cleaning required to return the Plant to a condition fit for re-hire and the Customer will continue to pay the hire charges until such repairs and/or cleaning have been completed.
3.16 That the Customer will pay to Skip Hire the replacement cost on a new for old basis of Plant which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to Skip Hire under any policy of insurance taken out in accordance with these conditions.  The Customer shall further pay to Skip Hire the hire charges for the Plant until Skip Hire has been paid the amount representing the replacement cost of the Plant.

4. Indemnities given by Customer in relation to Equipment on hire

The Customer agrees that it shall indemnify Skip Hire in respect of all losses suffered by Skip Hire as a consequence of:
4.1 The Customer requiring Skip Hire or its subcontractors to use Vehicles to deliver or collect the Plant off road where damage is caused to the Vehicle, to the Plant or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.
4.2 Damage or loss of the Plant while on hire to the Customer which shall include damage howsoever caused but expecting fair wear and tear.
4.3 All claims for injuries to persons or damage to property arising out of use of the Plant while on hire or the Customer’s failure to operate the Plant in a safe and proper manner.
4.4 Any breach of these Conditions by the Customer.

5. Limitation of Liability of Skip Hire

5.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
5.2 If Skip Hire is found to be liable in respect of any loss or damage to the Customer’s property, the extent of their liability will be limited to the retail cost of replacement of the damaged property.
5.3 Skip Hire shall have no liability to the Customer if any monies due in respect of the hire of Plant has not been paid in full by the due date for payment.
5.4 The Customer shall give Skip Hire a reasonable opportunity to remedy any matter for which Skip Hire is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself.  If the Customer does not do so, Skip Hire shall have no liability to the Customer.
5.5 Skip Hire shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Skip Hire.
5.6 Skip Hire shall have no liability to the Customer for any consequential losses (including loss of profits and/or damage to goodwill), economic and/or other similar losses, special damages and indirect losses or for business interruption, loss of business or loss of opportunity.
5.7 Skip Hire shall use its best endeavours to ensure the Plant arrives when the Customer requires delivery.  Any approximate times given by Skip Hire are estimates only and Skip Hire shall not be liable for any delay in delivery of the Plant howsoever caused.  Time for delivery of the Plant shall not be of the essence unless previously agreed in writing by Skip Hire.
5.8 Skip Hire shall not in any event be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond Skip Hire’s reasonable control.
5.9 Nothing in this Contract shall exclude or limit the liability of Skip Hire for death or personal injury die to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.
5.10 Where Plant is sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements Order 1976) the statutory rights of the Customer are not affected by these Conditions.

6. Price and Payment

6.1 The price quoted by Skip Hire is exclusive of VAT and any other taxes and relates solely to the hire of the Plant.  Unless otherwise stated, they do not include fuel and oil supplied with the Plant, delivery or collection, charges in relation to the supply of an Owner’s Employee, or any other costs incurred by Skip Hire, all of which will be charged separately to the Customer.  In the event of any variation to the order placed by the Customer, Skip Hire shall be entitled to adjust the price to reflect the costs involved and to adjust delivery dates as appropriate.
6.2 Hire charges will begin at the time stated in the Contract and will continue during the period of hire until Skip Hire have given the Customer a collection or off-hire number or until the Plant is returned to or collected by the Owner in a clean and serviceable condition and a receipt is issued.
6.3 All time is chargeable, including Saturdays, Sundays and Bank Holidays.
6.4 Payment is to be made by the Customer in cash with order or against a proforma invoice unless a credit account has been opened.  Where Skip Hire agrees to open a credit account for the Customer, payment must be made within 30 days of date of invoice.  In the case of any Contract for the hire of Plant, Skip Hire may also require an initial payment on account in advance of delivery of the Plant.
6.5 Skip Hire shall be entitled in its absolute discretion to withdraw credit at any time and to refrain from delivering Plant until payment is received together with any outstanding amounts which may be due to Skip Hire on any account whatsoever.  Skip Hire reserves the right to terminate or suspend and Contract for the hire of Plant if allowing it to continue would result in the Customer exceeding its credit limit or if the credit limit is already exceeded.
6.6 Time for payment shall be of the essence of the Contract.  If the Customer fails to make any payment by the due date or, in case of 6.6.1 if there is any other evidence that the Customer is insolvent, then without prejudice to any other rights or remedies of Skip Hire, Skip Hire shall be entitled to:
 6.6.1 Terminate the Contract and/or suspend any further deliveries to the Customer.
6.6.2 Charge the Customer interest (both before and after Judgement) on the amount unpaid at the rate prescribed by the late payment of Commercials Debts (Interest) Act 1998.
6.7 In the event that Skip Hire issues legal proceedings for the recovery of debt due to it, the Customer hereby agrees to indemnify Skip Hire in respect of all legal costs incurred with Skip Hire’s solicitors on a solicitor and own client basis.

7. Delivery, Collection and Services

7.1 The Customer will pay Skip Hire any agreed charges for delivery or collection of Plant.  Where Skip Hire has quoted carriage charges, these include only for the time required to load or unload alongside the Vehicle at the address specified by the Customer.  The Customer will pay extra for any further time or attendance including any attempt by Skip Hire to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions.
7.2 The Customer shall provide or ensure that access to and over the Customer’s site is in every respect suitable for the Vehicle transporting the Plant.
7.3 The Customer shall load or unload the Plant at the Customer’s site with reasonable diligence and shall not suffer or permit the transport to be unduly delayed onsite.
7.4 Skip Hire shall not be liable for the consequences of any delay in the delivery or collection at the Customer’s site, howsoever arising.
7.5 Two clear working days notice is required to terminate the hiring of the Plant.  When Plant out on hire is to be collected from its location by the Owner on the instructions of the Customer, the Customer is responsible fort the safekeeping of the Plant until collection is effected, regardless of date of notification.
7.6 When Plant is delivered by the Owner in absence of the Customer or his representative, the Hire Delivery Note shall be forwarded to the Customer’s address and deemed to be conclusive proof of delivery of the Plant listed thereon in good clean working order.
7.7 Unless notice to the contrary is received within 24 hours and confirmed in writing within 3 days, all Plant will be deemed to have been delivered in good order and to the Customer’s satisfaction.
7.8 Any personnel supplied by Skip Hire shall be deemed to be under the Customers’ control and shall comply with all directions of the Customer.

8. Sub-Letting

The Customer shall not sub let the Plant or any part of it, without written permission from Skip Hire.

9. Breakdown, Repairs and Servicing

9.1 The Customer shall immediately inform Skip Hire of any breakdown or unsatisfactory working of the Plant.
9.2 Claims for breakdown allowance shall only be allowed from the date and time notice is received, providing that such a breakdown is advised immediately by the Customer and confirmed in writing within three days.
9.3 The Customer shall take all reasonable steps to stay acquainted with the state and condition of the Plant.  If Plant is continued to be used after it is known by the Customer to be in an unsafe or unsatisfactory state the Customer shall be solely responsible for any further damage, loss or accident.
9.4 The Customer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by Skip Hire due to negligence, misdirection or misuse of the Plant whether by the Customer or other persons and for the payment of hire charges at Skip Hire’s standard rate during the period the Plant is necessarily idle due to such breakdowns, loss or damage.
9.5 The Owner will be responsible for the cost of repairs to the Plant involved in breakdowns as a result of fair wear and tear.
9.6 The Customer is responsible fort the cost of spares and/or repairs due to theft, loss or vandalism of the Plant.
9.7 The Customer shall not repair or attempt to repair the Plant without the consent of Skip Hire.
9.8 Where Plant has been in the possession of the Customer for a period in excess of the recommended service interval for that item, howsoever that interval is expressed i.e. hours, time etc. it is the responsibility of the Customer to inform Skip Hire of the need for the Plant to be serviced.  In the event of the Customer failing to inform Skip Hire of the need for the Plant to be serviced the Customer hereby indemnifies Skip Hire against any claim howsoever arising as a result of the Customers continued use of the Plant, beyond the recommended service interval.

10. Stoppages

No claims will be admitted for stoppages from causes outside of Skip Hire’s control including bad weather or ground conditions, nor shall Skip Hire be responsible for the cost or expense of recovering any Plant from soft ground.

11. Loss of Other Plant Due to Breakdown

Each item of Plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the Owner or otherwise) through any cause whatsoever shall not entitle to Customer to compensation or allowance for the loss of working time by any other unit or units of Plant working in conjunction therewith, provided that where two or more items of Plant are expressly hired together as a unit, such items shall be deemed a unit for the purpose of breakdown.

12. Tools and Leads

Tools and leads are supplied to the Customer in good condition.  Tools damaged or used beyond re-sharpening and leads cut of damaged will be charged to the Customer.

13. Cancellation

Cancellations require a minimum of 24 hours notice.  Cancellation charges may apply if this notice is not given.

14. Electrical Equipment

Where Plant comprises electrical equipment in part or in whole the same should normally be used with plugs and/or sockets fitted out if temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition.  Under no circumstances should electrical Plant be used without it being correctly earthed unless it is of double insulated construction.

15. Plant Hired On a Daily Basis without Qualification as to Hours

The full daily rate will be charged on a daily basis irrespective of hours worked expect in the case of breakdown for which the Owner is responsible, when actual hours worked may be charged pro rata of the average working day.

16. Plant Hired By the Week or Month without Qualification as to Hours

The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of breakdown for which the Owner is responsible when an allowance pro rata of the agreed weekly rate or pro rata of the agreed monthly rate may be made for each full working day broken down calculated to the nearest half working day.

17. Plant Hired By the Week of the Hour for a Minimum of 39 Hours per Week

If no breakdown occurs, the full hire for the minimum period in the Contract will be charged and an additional pro rata charge will be made for hours worked in excess of such minimum period.  Allowance will be made for breakdowns up to 8 hours providing always that where actual hours worked are in excess of the minimum period less breakdown time, the actual hours worked shall be chargeable.  Idle time for this purpose shall be treated as actual working time.

18. “All In” Rates

Where “All In” rates are charged by agreement the minimum period shall be as defined in the Contract and in accordance with the hire rates and terms contained herein.

19. Termination by Notice (Applicable to Contracts for the Hire of Equipment only)

19.1 If the period of hire has a fixed duration neither the Customer nor Skip Hire shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
19.2 If the period of hire does not have a fixed duration either the Customer or Skip Hire is entitled to terminate the Contract upon giving to the other party and agreed period of notice.
19.3 If no period of notice has been agreed or specified the Customer or Skip Hire shall be entitled to terminate the hire of Plant by giving no less than 3 days notice in writing to the other party.

20. Default

If the Customer:
20.1 Fails to make any payment to Skip Hire when due.
20.2 Breaches the terms of the Contact and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied.
20.3 Persistently breaches the terms of the Contract.
20.4 Provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract.
20.5 Pledges, charges or creates and form of security over any Equipment on hire or ceases or threatens to cease to carry on business or proposes to compound with its Creditors, applies for an interim moratorium in respect of claims and/or proceedings or has a Bankruptcy Petition presented against it, or being a company, enters into Voluntary or Compulsory Liquidation, has a Receiver, Administrator or Administrative Receiver appointed over all or any of its assets, any Attachment Order is made against the Customer or any distress execution or other legal process is levied on any property of the Customer.
20.6 Appears to Skip Hire due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract.
20.7 Appears reasonably to Skip Hire to be about to suffer any of the above events.
Then Skip Hire shall have the right without prejudice to any other remedies to exercise any or all of the rights set out in Clause 20.8 below.
20.8 If any of the events set out in Clauses 20.1 – 20.7 inclusive occur in relation to the Customer then:
20.8.1 Skip Hire may enter, without prior notice any premises of the Customer (or premises of third parties with their consent) where Plant on hire is located and repossess the Plant.
20.8.2 Skip Hire may withhold further performance of the Contract.
20.8.3 Skip Hire may cancel, terminate and/or suspend without liability to the Customer the Contract and/or any other Contract with the Customer.
20.8.4 All monies owed by the Customer to Skip Hire shall immediately become due and payable.
20.8.5 Any repossession of Plant on hire shall not affect Skip Hire’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any prior breach.
20.9 Upon termination of the Contract the Customer shall immediately return Plant to Skip Hire or make the Plant available for collection by Skip Hire and shall pay all arrears for hire charges and any other sums payable under the Contract.

21. Risk and Title to Plant (Applicable to Contracts for the Sale of Goods Only)

21.1 Risk of damage to or loss of the Plant shall pass to the Customer when the Plant is delivered to the Customer. 
21.2 Notwithstanding delivery and the passing of risk in the Plant or any other provision of these Conditions, the property in the Plant shall not pass to the Customer until Skip Hire has received in cash or cleared funds payment in full of both the price of the Plant and the price of all other Plant agreed to be sold by Skip Hire to the Customer for which payment is then due.
21.2 Until such time as the property in the Plant passes to the Customer (and providing the Plant is still in existence and has not been resold), Skip Hire shall be entitled at any time to require the Customer to deliver up the Plant or (at Skip Hire’s option) Skip Hire shall be entitled (and the Customer hereby irrevocably authorises Skip Hire) to enter upon any premises of the Customer or their agent where the Plant is stored and to repossess the Plant.

22. Risk and Title to Plant (Applicable to Contracts for the Hire of Plant Only)

22.1 Risk in the Plant will pass immediately to the Customer when they leave the physical possession or control of Skip Hire or their agent.
22.2 Risk in the Plant hired will not pass back to Skip Hire from the Customer until the Plant is back in the physical possession of Skip Hire or its agent.  This shall apply even if Skip Hire has agreed to cease charging for the hire of the Plant.
22.3 Title in the Plant hired remains at all times with the Owner.  The Customer has no right, title or interest in the Plant except that it is hired to the Customer. 
22.4 The Customer must not deal with the title or any interest in the Plant hired.  This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.   
22.5 Skip Hire may require the Customer to insure the Plant on such reasonable terms and for such reasonable risk as Skip Hire may specify.  The proceeds of any such insurance shall be held by the Customer in trust for Skip Hire and be paid to Skip Hire on demand.  The Customer must not compromise any claim in respect of the Plant and/or any associated insurance without the written consent of Skip Hire.

23. Damage Waiver

Skip Hire may provide a Damage Waiver Option (where available) in respect of the Plant hired at an additional cost to the Customer, whereby Skip Hire will waive any further charge for rectifying accidentally damaged returned Plant.  The Damage Waiver Option is not insurance and as such does not provide cover against loss or theft of Plant.

23. Headings

The headings in these Conditions of Hire are for reference purposes only and shall not affect the interpretation of or the construction thereof.

24. General

24.1 If any term or provision in these conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.
24.2 The waiver by or failure of Skip Hire in insisting in any one or more cases upon the performance of nay provision of these Conditions shall not be construed as a waiver of Skip Hire’s rights to future performance of such provisions and the Customer’s obligations in respect of future performance shall continue in full force and effect.
24.3 The contract shall be governed by the Laws of England and the Customer and Skip Hire hereby irrevocably submit to the exclusive jurisdiction of the English Courts.