1. ENTIRE AGREEMENT
THESE TERMS AND CONDITIONS form a binding agreement between us (Agreement) and exclude and supersede the Customer’s terms of business or other communications/documents exchanged between us. These further exclude and supersede any terms that are implied by trade, custom, practice or course of dealing unless otherwise agreed in writing by us. The Customer acknowledges that it has not relied on any statement, promise or representation made by us or on our behalf which is not set out in this Agreement. Nothing in this Agreement shall prejudice any condition or warranty, express or implied, or any legal remedy to which the either party may be entitled in relation to the Services, by virtue of any statute, law, or regulation. Any reference in this Agreement to any legislation, statute, regulation, or provision thereof shall be construed as a reference to that legislation, statute, regulation, or provision as amended, enacted, or extended from time to time.
2. DEFINITIONS
2.1 Defined terms when used in this Agreement shall have the following meanings:
Account Customers means Customers of Us with whom we have agreed in writing terms for the supply, exchange and collection of Containers and/or Services and corresponding payment terms on a weekly or monthly basis.
Contractor or Us means T.D. and A.M. Bugg Ltd, Company Number 02879214, trading as ‘Bugg Skip Hire.
Customer or You means the person(s), firm or company who purchases the Services.
Container means skip, container or other related goods or materials delivered to the Customer in connection with the Services.
Delivery Point means the address or addresses to which a Container is delivered or the Services are provided.
Hire Period means 14 days from the date of delivery of the Container to the Delivery Point or such longer period (up to 28 days) agreed with the Customer and for which payment has been received from the Customer at the point/time of placing an Order.
Muck Away means the removal of non-hazardous inert material from commercial and trade construction site clearance projects.
Non-Account Customers means any Customer who is not an Account Customer.
Order means either the point /time at which the Customer:
Recycled Aggregates means recycled aggregate material sourced or generated by the Contractor.
Restricted Items means the restricted items listed in Schedule 1 to this Agreement, setting out the non-permitted items of waste that cannot be placed in Containers and must be the subject of a separate Order for collection and disposal between the Contractor and the Customer. This list of Restricted Items can be added to by the Contractor from time to time to take account of changes in legislation or regulations relating to types of waste material and how these can be safely and compliantly recycled, recovered or disposed of.
Services means the hire of a Container, its delivery and collection and the subsequent disposal of the contents thereof or as otherwise described as the services to be provided by the Contractor in the Order.
Surcharges means any additional charges payable by the Customer in respect of the Services including, without limitation:
Working Day means a weekday (Monday to Saturday) excluding any public holiday falling on a weekday.
3. COMMENCEMENT DATE AND HIRE PERIOD
3.1 The Hire Period shall commence on the date on which the Container is delivered to the Customer at the Delivery Point. Where Services only are to be provided, this Agreement shall commence on the date of acceptance by the Contractor of the Order placed for such Services.
3.2. The Hire Period shall end on the earlier of:
3.3 If a Container remains at a Customer’ site for longer than the Hire Period, the Contractor shall be entitled to charge the Customer an additional Container rental charge for any extended period of Hire.
3.4 Guaranteed delivery times (AM or PM or within 2-hour designated timeslots) can be provided for at the time of placing an Order.
4. CONTRACTOR OBLIGATIONS
The Contractor shall use reasonable endeavours to deliver and/or collect the Container to and/or from the Delivery Point by the date and time agreed between the parties. The Contractor shall not be in breach of this Agreement nor liable for delay in performing, or failing to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the Contractor shall be entitled to a reasonable extension of time for performing such obligations at the Contractor’s discretion.
5. PAYMENT TERMS
5.1 The Customer shall pay to the Contractor the agreed sums for the Services as specified in the Order.
5.2 Non-Account Customers shall pay in full for the Container and/or Services at the time of placing an Order.
5.3 Account Customers shall pay in full and in cleared funds without set-off for the Services within 30 days of the date of the invoice issued by Us. Invoice queries must be raised in writing by Account Customers within 7 days of the date of Our invoice, otherwise it will be deemed payable in full without set-off.
5.4 A wasted journey fee will be payable by the Customer at the rates specified from time to time in the following circumstances:
5.5 The Customer shall be responsible for payment of any and all Surcharges invoiced by the Contractor from time to time in connection with any Services, in addition to any hire charges already settled or falling due on account together with any interest calculated in accordance with section 5.4.
6. RECYCLED AGGREGATES
6.1 The supply of Recycled Aggregates by the Contractor to a Customer is strictly subject to availability of the type and specification of Recycled Aggregate at the time an Order is placed by the Customer.
6.3 The Customer acknowledges and agrees that:
7. MUCK AWAY
7.1 Unless agreed in writing in an Order, the Contractor does not undertake “all risk”, “lump sum” or “contract” Muck Away works.
7.2 The Contractor shall quote for Muck Away work based on current available tip prices and expressly reserves the right to renegotiate such tipping rates at any time prior to delivery of the quoted Services in the event that the tipping rates quoted are increased outside the Contractor’s control.
7.3 All quotations for Muck Away Services are priced on a “per load” basis subject to a maximum aggregate tonnage for each Muck Away project/piece of work quoted and specified in an Order (Maximum Tonnage).
7.4 The Contractor accepts no liability and/or counter charges if the volume of Muck Away material removed by the Contractor exceeds any tonnage/capacity allowances made by the Customer in its own tendering process.
7.5 The Customer acknowledges and undertakes to the Contractor that:
9. CUSTOMER OBLIGATIONS
9.1 The Customer acknowledges that each Container shall be under the control of the Customer at all times, from delivery to, and collection from, the Delivery Point (or the Customer’s site if different). The Customer shall indemnify the Contractor for any loss or damage to any Container suffered or incurred by the Contractor whilst a Container is in the possession or control of the Customer.
9.2 The Customer agrees to cooperate with the Contractor at all times in relation to the provision of the Services and shall (for the duration of the Hire Period or such longer period under Section 3 above):
9.3 The Customer shall ensure that the Container is not loaded beyond its capacity during the Hire Period.
9.4 The Customer shall not deposit nor allow to be deposited any Restricted Items in a Container, unless agreed in writing by the Contractor at the time of placing an Order.
9.5 The Customer undertakes that the Container will not, nor allow it to be used, as an incinerator or for the purposes of burning material deposited therein.
9.6 The Customer agrees that any material deposited within the Container (save for Restricted Items) is deemed by the Contractor to be abandoned by the Customer at the time of collection of the Container. The Customer is deemed to have consented to the removal and disposal of all materials (other than Restricted Items) deposited within the Container upon collection of the Container by the Contractor and the Contractor shall be at liberty to sell, recycle, recover and/or dispose of all materials in the Container following collection. For the avoidance of doubt, the Customer shall be responsible for any and all costs associated with the disposal of all Restricted Items contained within its Container(s) and shall indemnify the Contractor for any and all such costs and expense howsoever incurred.
9.7 The Customer will ensure that there is unobstructed safe and level access for the collection of the Container from the Delivery Point at all times.
9.8 When delivering an empty Container from a public highway or private road to the Delivery Point, hydraulic jacks on the Contractor’s vehicle must be used to lift the loaded skip. The Contractor accepts no responsibility for any damage caused during delivery or collection of a Container where hydraulic jack legs are required to be used.
9.9 It is the responsibility of the Customer to notify the Contractor at the point of placing an Order that the Delivery Point is located on a public highway, including a verge adjacent to a public highway.
9.10 Subject to the Customer complying with its obligations in section 9.9 above and subject to paying the Contractor for the cost of obtaining a permit to place a Container on the public highway, the Contractor shall obtain from the relevant local authority and shall maintain any permits for placing a Container on a public highway or verge.
9.11 The Contractor shall use reasonable endeavours to have such permits in place before the scheduled date for delivery of any Container to be located on or adjacent to the public highway.
9.12 The Contractor will supply lights with each Container to be located on the public highway. It is the responsibility of the Customer to ensure that these lights are fitted and are on and visible on the Container each night during the Hire Period.
9.13 Customers requesting for the Contractor’s vehicle to deliver a Container to a Delivery Point that is not on a public highway shall be liable for any damage or loss incurred by the Contractor in reaching and delivering to such Delivery Point and shall indemnify the Contractor for and in respect of any damage, loss or expenses incurred by it in delivering to, or collecting from, any such Delivery Point.
9.14 The Customer is responsible for ensuring that the Container does not constitute a nuisance to any third party, and that the location and use of the Delivery Point does not breach any statute, regulation, order or bye-law from time to time in force and will not result in the Contractor causing or likely to cause any act of trespass on another person’s land or property.
9.15 The Customer will keep the Container insured against loss, damage or theft during the Hire Period (and any extended period that the Container is located on the Customer’s premises) and will produce evidence of such insurance to the Contractor if requested to do so, who shall be entitled to withhold delivery of the Container until evidence is so received.
9.16 The Customer will not move or attempt to move or allow any third-party to move or attempt to move the Container from the Delivery Point once delivered.
9.17 The Customer will keep the Container in its sole possession and will not lend the Container or sublet it to any person or otherwise part with possession or control of it in any way. The Customer acknowledges that the Container always remains the property of the Contractor and will not in any circumstances be sold or used as security by the Customer. The Customer will not permit any lien to be created on the Container or pledge the Contractor’s credit for repairs to it.
10. LIMITATION OF LIABILITY
10.1 The Customer will indemnify the Contractor against any and all losses, damages or expenses incurred by the Contractor arising from a breach by the Customer of any of its obligations hereunder, including but not limited to the theft of or total loss or damage to, the Container whilst in the Customer’s possession or control.
10.2 The Customer will keep the Contractor indemnified against all liabilities, expenses. costs (including but not limited to any solicitors’ or other professionals’ costs and expenses, claims, damages and losses suffered or incurred by the Contractor arising out of or in connection with any breach of this Agreement, or any act or omission of the Customer or any person with its actual or implied authority.
10.3 The liability of either party to the other under this Agreement shall be capped at £50,000, unless otherwise increased by agreement between the parties at the time of placing the Order.
11. GENERAL
11.1 If any term or provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision.
11.2 Failure by either party to enforce at any time or for any period any one or more of the terms of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce this Agreement.
11.3 Each Order made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any default in delivery of any other instalment.
11.3 This Agreement, and any dispute or claim arising out of or in connection with or the subject matter or formation shall be governed by and construed in accordance with the law and jurisdiction of England and Wales and its courts.
SCHEDULE 1
RESTRICTED ITEMS
The following are restricted Items of waste that cannot be placed in a Container unless with the prior agreement of the Contractor and on prior payment of the prevailing charges for disposal of such restricted items.
The Contractors shall be entitled to charge the Customer, who shall be obliged to pay immediately, any and all Surcharges at the prevailing rate (from time to time) as notified to the Customer by the Contractor for any and each Restricted Item recovered from a Customer’s Container once tipped at the Contractor’s site or at the site of a third-party used by the Contractor.
The Contractor reserve the right to update this Restricted Items list as and when required.
