In these conditions’ ‘owner’ means the registered carrier, ‘hire’ means person or company to which accounts are rendered. ‘Vehicle’ means the vehicle which is delivering or collecting the skip which is the subject of the contract. ‘Driver’ means the driver of the vehicle. The ‘site’ means the place where the skip is deposited on the directions of the hirer.
The owner enters into the agreement for the hire of skips and disposal of contents upon the following conditions.
1. No agent or employee of the owner is permitted to alter or vary these conditions in any way to give any consent thereunder unless he is authorised to do so.
2. The owner will use his best endeavours to comply with the hirer’s requirements but can accept no responsibility for failure to supply or for any delay in supplying skips which may be caused directly or in-directly by any circumstances beyond the owner’s control or any unforeseen or abnormal conditions or by any act or neglect on any part of the hirer.
3. A) Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere than on the highway.
B) The hirer shall save harmless and keep the owner indemnified against any claim, demand or penalty arising out of the hire period of the skip on the site and which could not have been had the skip not been placed on the site.
C) No skip will be left at or outside any customers premises or on any working site unless the insured has obtained the express agreement of the customer and obtained clear instructions from the customer confirming where the skip(s) is (are) to be sited on their premises or working site.
4. The hirer shall direct the driver where to deposit or pick up the skip
5. Where the owner is directed to deposit or pick up the skip on or from a site which is off the public highway the owner shall be under no liability whatsoever to the hirer for any damages howsoever caused whilst the vehicle is off the highway either than such as might have been caused by negligent driving on the part of the driver. Without prejudice to the generality of condition 3(B) the hirer 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. The hirer will compensate the owner for any damage to the vehicle or the skip whichwould not have occurred had the driver not been directed and which is not due to any negligent driving on the part of the driver.
6. 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 hirer shall be liable for reasonable demurrage.
7. The hirer shall ensure that all permissions required before the skips can lawfully be deposited on the site including the permission required under the Highways Act 1971 have been or will beobtained before he directs the driver to deposit the skip.
8. The hirer shall not move the skip from the site without the consent of the owner.
9. A) The hirer shall ensure that no waste as listed in S.I 1980/1709 including asbestos, solvents, minerals or greases will be placed in the skip without written consent of the owner.
B) If any waste to which the said section applies is placed in any skip the hirer shall immediately give the notices required by the said section and send copies of such notices to the owner.
10. The hirer shall ensure 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 coned and lighted during the hours of darkness.
C) No fires are lit in it.
D) It is not filled no higher than the top of the sides.
E) It suffers no damage except fair wear and tear.
11. Notwithstanding the terms of conditions 10 it shall be the owner’s responsibility to ensure compliance with any condition imposed by a highway authority relating to the marking of the skip with reflective paint.
12. Except as specifically otherwise agreed in writing the hirer shall fill the skip within the period of hire and shall inform the owner in good time of its readiness for collection or replacement. Periods in excess of 21 days casual hire, a charge may be made for each week or part thereof.
13. The owner shall ensure that the skip is clearly and indelibly marked with his name and telephone number or address.
14. The owner will remove or reposition the skip if required at any time to do so by a highway Authority or constable in uniform under section 140 to the Highway Act 1980.
15. The hirer agrees that, in the event that the hirer fails to pay the hire charge in full, the owner may return the waste or a quantity of waste which in the opinion of the owner is similar theretoand the owner shall for such purpose be entitled to enter upon any premises of the hirer or any third party from whom the waste was collected for such purpose and to deposit such waste thereon.
16. Except as specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.
