Skip In a Box Terms & Conditions

OVERVIEW

Validity of Skip in a Box Card: All Cards purchased after 13th March, 2009 will automatically become invalid on the 1st April, 2009. This is in line with landfill tax requirements.

Following 1st April, 2008, in respect of the first time of use of any one Order Number, such Order Number shall remain valid for a maximum period of 90 days from the date of purchase of the Hire Voucher and after such period of validity shall unconditionally expire and not entitle the holder to place an Order for the Service and the Provider shall not be obliged to provide the Service.

Hire Expiry Date: The Skip shall either be removed from the Delivery Site following a request made by the Hirer to the Provider or, if no such request is received, be removed 28 days after the date of delivery of the Skip (the Natural Expiry Date).

Waste Producer Duty of Care: The Hirer shall only place in the Skip wastes that are dry and non-hazardous. In particular, The Hirer warrants to the Provider that it will not deposit in the Skip hazardous wastes including (but not limited to): grease, oils or oil containing wastes, chemicals, asbestos, explosives, toxic substances, flammable substances, cathode ray tubes (CRTs), gas discharge lamps, fridges or other refrigerant containing equipment, or waste that are liquids or sealed containers containing liquids.

The Hirer agrees to: Pay for a roadside permit as per highways agency requirements. This is required if the skip is to be cited on a public road or highway. Payment for the Roadside permit can be made over the phone by credit card or charge card by calling the telephone number on the Skip in a Box Card, and quoting the unique reference number.

Provide and adequately maintain all necessary approach roads and sites for the purpose of safe and lawful delivery and removal of the Skip.

Notify the Provider of any special requirements that may affect the delivery or removal of the Skip including but not limited to site opening times, access restrictions, road/ground works and health and safety restrictions or requirements.

Promptly on arrival of the Vehicle, ensure that an authorised person is present to accept delivery and sign the delivery note and ensure correct positioning of the Skip.

Ensure that an authorised person is present to sign a Waste Transfer Note at the time of removal of the Skip.

Not prevent access to the Vehicle or otherwise cause undue delay during delivery or collection of the Skip. The Hirer agrees that any delay caused that exceeds 10 minutes from the arrival time of the Vehicle or any waste journey may result in an Excess Charge.

The Hirer agrees to notify the Driver of any health and safety notices, hazards and risk assessments (if any) and shall direct the driver around or within the area of the Delivery Site in a safe and lawful manner.

Property and Liability: The Skip and any equipment supplied therewith shall remain the property of the Provider or Supplier at all times. The Hirer shall notify the Driver immediately at the time of delivery of any defects in the Skip and (if not replaced with a new non-defective Skip) record such defects on the delivery note before it is signed or otherwise on another record signed by the Driver and Hirer. Any failure by the Hirer to notify the Driver at the time of delivery will waive any right that the Hirer would otherwise have if the Skip is later to be found damaged. The Hirer shall be liable to the Provider for the full replacement value of the Skip and /or any supplied equipment and shall indemnify the Provider against any losses resulting from damage to or loss of or theft or confiscation of the Skip during the Period of Hire, other than for damage caused through reasonable wear and tear or damage notified.

Interpretation
1. 1.1
  In these Conditions unless the context requires otherwise the following words and expressions shall have the following meanings:-
  1. “Conditions” means these terms and conditions;
  2. “Driver” means the Driver of the vehicle.
  3. “Delivery Site” means the place where the Skip is deposited at the request or direction of the Hirer
  4. “Excess Charge” means the charge payable by the Hirer for the disposal of liquid or hazardous wastes or due to costs incurred by the Provider in connection with any breach of these Conditions by the Hirer
  5. “Force Majeure” means any circumstances beyond the reasonable control of either the Provider or the Supplier (including, without limitation thereto any strike, lockout or other form of Industrial Action, technical issues with web site, software and/or hardware, accident, inclement weather, difficulties in obtaining fuel, parts or machinery, power failure or breakdown or malfunction of machinery or computers).
  6. “Hirer” means the person or company requesting provision of a Skip by the Provider
  7. “Hire Voucher” means the card or receipt upon which the unique Order Number is printed and which the Hirer shall use to place an Order with the Provider
  8. “Legal Rules” means any UK or European legislation, provision of common law or requirement of any authorisation, licence, consent, permit, code of practice, rule or guidance note;
  9. “New Price” means a price for the Service other than that paid for the Hire Voucher but not including any Excess Charge
  10. “Order” means the act by the Hirer of contacting the provider and requesting a Skip for delivery to the Delivery Site
  11. “Order Number” means the unique reference number printed on the Hire Voucher
  12. “Period of Hire” means the period from delivery of the Skip to the Hirer to collection thereof from the Hirer
  13. “Provider” means Greenstar Environmental Ltd (a company registered in England and Wales with company number 3446693 whose registered office is at Third Floor, The Gatehouse, Gatehouse Way, Aylesbury, HP19 8DB.
  14. “Service” means the supply of a Skip or Skips by the Provider, its employees, servants, agents or sub-contractors for the period of hire to facilitate the removal of waste on behalf of the Hirer and the subsequent disposal of the contents of such Skip or Skips on behalf of the Hirer
  15. “Skip” means any Skip or Skips provided as part of the Service including any additional equipment such as traffic cones or lights
  16. “Suitable Location” means a location for the deposit of a skip that allows safe, lawful and unencumbered access to the Vehicle
  17. “Supplier” means where the context so permits the Provider or the Provider’s duly authorised agent or sub-contractors
  18. “Vehicle” means the vehicle, which delivers or collects the Skip, which is provided as part of the service
  19. “Waste Transfer Note” means a document detailing the waste producer’s name, site address, description of waste and other details as prescribed by under the Environmental Protection (Duty of Care) Regulations 1991
  20. “Working Day” means Monday to Friday in any week, excluding Public Holidays
2. 1.2
  In these Conditions unless the context requires otherwise:-
  1. 1.2.1
    the singular includes the plural and vice versa and reference to any gender shall include any other gender;
  2. 1.2.2
    any reference to any statute, regulation or byelaw shall include a reference to any modification to it or re-enactment of it;
  3. 1.2.3
    any reference to a clause or condition shall be a reference to a clause or condition of these Conditions;
  4. 1.2.4
    any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Agreement
1. 2.1
  The Agreement includes these Conditions and the Waste Transfer Note. If there is any conflict between these Conditions and/or the Waste Transfer Note then these Conditions shall take priority.
2. 2.2
  These Conditions are the only conditions upon which the Provider is prepared to deal with the Hirer and they shall govern the Agreement to the entire exclusion of all other terms or conditions.
3. 2.3
  Subject to clause 2.4, no variation of these conditions shall be binding unless agreed in writing between the authorised representatives of the Provider and the Hirer.
4. 2.4
  The Provider reserves the right to modify these Conditions immediately and without notice to the Hirer if required to do so by an authority of competent jurisdiction or emergency service or in any other respect to comply with any regulatory or legal demand on the Provider.
5. 2.5
  No terms or conditions endorsed upon, delivered with or contained in the Hirer’s Order for the Service will form part of the Agreement and the Hirer waives any right which it otherwise might have to rely on such terms and conditions.
6. 2.6
  The placing of an Order by the Hirer will be deemed an unconditional acceptance of these Conditions by the Hirer and a binding contract will have been formed between the Provider and the Hirer.
7. 2.7
  The Agreement starts on the date of an Order being made or placed by the Hirer to the Provider and will remain in force unless and until terminated in accordance with these Conditions.
Specifications
1. 3.1
  The quantity, quality and description of the Skips and the Service shall, subject as provided in these Conditions, be as specified in the Hire Voucher, and/or in any applicable specification (including in any card or information leaflet to which the Hire Voucher may be supplied with or attached or contained therein) supplied at the time of purchase.
2. 3.2
  During the currency of the Agreement the Provider will use reasonable endeavours to perform the Service using such skill and expertise as may reasonably be expected from a supplier of equivalent services including compliance with all applicable Legal Rules concerning the purpose of and delivery of the Skips and the performance of the Service.
Order
1. 4.1
  The Hirer must purchase and be in possession of a valid Hire Voucher (upon which is printed an Order Number) before an Order can be accepted by the Provider.
2. 4.2
  In respect of the first time of use of any one Order Number, such Order Number shall remain valid for a maximum period of 90 days from the date of purchase of the Hire Voucher and after such period of validity shall unconditionally expire and not entitle the holder to place an Order for the Service and the Provider shall not be obliged to provide the Service.
3. 4.3
  In the event of the expiry of an Order Number under clause 4.2 the Provider may, but shall not be obliged to, offer the Hirer the Service at either the original price paid or, if such time has elapsed that a New Price is applicable, require a price to be paid that makes up the difference between the original price paid and the New Price.
4. 4.4
  Subject to clause 4.5, the Hirer may reuse an Order Number by making one or more further Orders (quoting the same Order Number) to the Provider.
5. 4.5
  In the event of the Hirer requiring one or more additional Skips using a previously used Order Number, the Provider shall offer the Hirer the Service at a New Price.
6. 4.6
  The placing of an Order by the Hirer pursuant to clauses 4.3 to 4.5 shall be deemed an acceptance by the Hirer of the New Price.
The Service
1. 5.1
  The Skip specified in or with the Hire Voucher shall be delivered (carriage paid) to, and the Service shall be performed at, the Delivery Site specified in the Hirer’s Order.
2. 5.2
  Subject to 5.6, the Skip shall either be removed from the Delivery Site following a request made by the Hirer to the Provider or, if no such request is received, be removed 28 days after the date of delivery of the Skip (the Natural Expiry Date).
3. 5.3
  The Provider will use reasonable endeavours to comply with the Hirer’s requirements but can accept no responsibility for failure to supply or remove or for any delay in supplying or removing Skips which may be caused directly or indirectly by any circumstances beyond the Provider’s control or any unforeseen or abnormal conditions or by any act or negligence on the part of the Hirer and time shall not be of the essence of the Agreement save as to any additional payment that may be due by the Hirer for the Service. The provision of the Service may be wholly or partially suspended at the Provider’s discretion without liability on the part of the Provider for any loss resulting from any suspension.
4. 5.4
  Unless agreed in writing by the Provider or Supplier, neither Provider nor Supplier shall be under any obligation to deposit the Skip at any location other than a highway or other Suitable Location.
5. 5.5
  The Hirer shall not be entitled to move the Skip or any safety markers provided with the Skip (including lights or traffic cones or bollards) without the written consent of the Provider.
6. 5.6
  The Hirer shall be entitled to extend the Period of Hire by a further 10 days beyond the Natural Expiry Date if it gives notice of such request to the Provider no less than 5 Working Days prior to the Natural Expiry Date.
Obligations of the Hirer
1. 6.1
  The Hirer agrees that it will at the time the Order is made supply all information that may be reasonably requested by the Provider in order for the Provider to supply the Service properly in connection with these Conditions and in full compliance of all Legal Rules that apply to the provision of the Service.
2. 6.2
  The Hirer warrants to the Provider that all information supplied to the Provider in the Hirer’s Order is true and accurate including but not limited to details of: the Hirer, the Hirer’s business, the Delivery Site and the description of the waste to be placed in the Skip.
3. 6.3
  The Hirer agrees to complete (including an accurate description of the wastes), sign and exchange a Waste Transfer Note with the Driver for any Skip hired by the Hirer under these Conditions.
  THE HIRER’S ATTENTION IS DRAW TO CLAUSE 6.4 BELOW
4. 6.4
  Description of Waste: The Hirer shall only place in the Skip wastes that are dry and non-hazardous. In particular, The Hirer warrants to the Provider that it will not deposit in the Skip hazardous wastes including (but not limited to): grease, oils or oil containing wastes, chemicals, asbestos, explosives, toxic substances, flammable substances, cathode ray tubes (CRTs), gas discharge lamps, fridges or other refrigerant containing equipment, or waste that are liquids or sealed containers containing liquids.
5. 6.5
  The Hirer agrees to:
  1. 6.5.1
    pay for a roadside permit as per highways agency requirements. This is required if the skip is to be cited on a public road or highway. Payment for the Roadside permit can be make over the phone by credit card or charge card by calling the telephone number on the Skip in a Box Card, and quoting the unique reference number.
  2. 6.5.2
    provide and adequately maintain all necessary approach roads and sites for the purpose of safe and lawful delivery and removal of the skip;
  3. 6.5.3
    notify the Provider of any special requirements that may affect the delivery or removal of the Skip including but not limited to site opening times, access restrictions, road/ground works and health & safety restrictions or requirements;
  4. 6.5.4
    promptly on arrival of the Vehicle, ensure that an authorised person is present to accept delivery and sign the delivery note and ensure correct positioning of the Skip;
  5. 6.5.5
    ensure that an authorised person is present to sign a Waste Transfer Note at the time of removal of the Skip;
  6. 6.5.6
    not prevent access to the Vehicle or otherwise cause undue delay during delivery or collection of the Skip. The Hirer agrees that any delay caused that exceeds 10 minutes from the arrival time of the Vehicle or any waste journey may result in an Excess Charge.
6. 6.6
  The Hirer agrees to notify the Driver of any health and safety notices, hazards and risk assessments (if any) and shall direct the driver around or within the area of the Delivery Site in a safe and lawful manner.
Property and Liability
1. 7.1
  The Skip and any equipment supplied therewith shall remain the property of the Provider or Supplier at all times.
2. 7.2
  The Hirer shall notify the Driver immediately at the time of delivery of any defects in the Skip and (if not replaced with a new non-defective Skip) record such defects on the delivery note before it is signed or otherwise on another record signed by the Driver and Hirer. Any failure by the Hirer to notify the Driver at the time of delivery will waive any right that the Hirer would otherwise have if the Skip is later to be found damaged.
3. 7.3
  The Hirer shall be liable to the Provider for the full replacement value of the Skip and /or any supplied equipment and shall indemnify the Provider against any losses resulting from damage to or loss of or theft or confiscation of the Skip during the Period of Hire, other than for damage caused through reasonable wear and tear or damage notified under clause 7.2.
4. 7.4
  The Hirer shall ensure that fires are not allowed in or near the Skip.
5. 7.5
  The Hirer shall ensure that no liquid cement, liquid concrete, liquid bonding compounds or similar substances are placed in the Skip.
6. 7.6
  The Hirer shall accept full legal responsibility for the Skip during the Period of Hire and shall ensure that all permissions as may be required under the Highways Act 1971 or by the land owner have been granted and that public or private access areas are not blocked in whole or in part without appropriate permission being granted. Any permissions granted must remain in force for the duration of the Period of Hire and for up to 3 days thereafter.
7. 7.7
  The Hirer shall prevent access to the skip by unauthorised persons and control the use of the Skip by the Hirer’s own staff, contractors, agents or visitors and the Provider accepts no liability howsoever arising in the event of injury or death of a person or persons caused by or in connection with the Skip during the Period of Hire.
8. 7.8
  The Hirer shall ensure that the Skip is not filled beyond its maximum fill indicator or (if no such mark is present) the top of the sides of the Skip. The Driver may ask the Hirer to remove some waste so to not exceed the upper limit and the Hirer shall be obliged to remove such waste accordingly.
9. 7.9
  Where the Provider or the Driver are requested or directed to deposit or pickup a Skip on or from a Delivery Site which is not on a public highway or where delivery otherwise involves the passage of the vehicle over private land or road/ground workings with gratings, drains, roads, pavements, forecourts, yards, asphalt areas or any similar areas:
  1. 7.9.1
    The Provider shall be under no liability whatsoever to the Hirer for any damage howsoever caused whilst the vehicle is off the public highway other than as shall be caused by negligent driving on the part of the Driver.
  2. 7.9.2
    The Hirer shall be indemnify the Provider against any claims or losses resulting from injury to the Driver and / or damage to the Vehicle or Skip whilst under the direction of the Hirer.
The Provider’s Liability
1. 8.1
  Any act or omission on the part of the Provider or its employees, agents or sub contractors shall for the purposes of this Condition 8 be known as an ‘Event of Default’.
2. 8.2
  The Provider’s liability to the Hirer for:
  1. 8.2.1
    death or injury or liability therefore resulting from the Provider’s own or its employees’, agents’ or sub contractors’ negligence;
  2. 8.2.2
    any other liability which cannot be excluded or limited by law shall not be limited.
3. 8.3
  Subject to the provisions of Condition 8.2 above the Provider’s entire aggregate liability in respect of all Events of Default shall in no circumstances exceed £1,000,000.
4. 8.4
  Subject to Condition 8.2 above the Provider shall not be liable to the Hirer in respect of any Event of Default for:-
  1. 8.4.1
    any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or if the Provider had been advised of the possibility of the Hirer incurring the same); and/or
  2. 8.4.2
    loss of profit; and/or
  3. 8.4.3
    loss of anticipated savings; and/or
  4. 8.4.4
    loss of business and/or goods; and/or
  5. 8.4.5
    loss of revenue; and/or
  6. 8.4.6
    loss of contract; and/or
  7. 8.4.7
    loss of goodwill; and/or
  8. 8.4.8
    any loss relating to the procurement by the Hirer of any substitute goods or services.
5. 8.5
  If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under this Agreement.
Charges and Payments
1. 9.1
  Subject to a valid Order being made under these Conditions and no circumstance resulting in an Excess Charge occurs, the cost for first Order shall be included in the initial purchase price of the Hire Voucher.
2. 9.2
  Any Order being made using a previously used Order Number will be subject to the payment by the Hirer to the Provider of a New Price which will either be payable to the original participating retailer or merchant from whom the Hire Voucher was purchased or directly to the Provider by use of a valid credit or debit card.
3. 9.3
  An Excess Charge may result and will be payable by the Hirer to the Provider in the event of a breach of these Conditions and for the avoidance of doubt this shall include (but shall not be limited to): -
  1. 9.3.1
    loss, damage or theft of the Skip or equipment, in which case the Excess Charge can be up to the maximum replacement value of the Skip and / or equipment;
  2. 9.3.2
    disposal of hazardous wastes or liquid wastes that have been deposited in the Skip, in which case the Excess Charge shall be composed of the disposal cost, hazardous waste consignment note cost and the Providers reasonable administration charge;
  3. 9.3.3
    delays caused by the Hirer to the Driver at the time of delivery or removal of the Skip, in which case the Excess Charge may be anything up to 10% of the initial purchase price of the Hire Voucher; and
  4. 9.3.4
    a wasted journey for the Driver and Vehicle due to the prevention of access to the Delivery Site and / or Skip at the time of delivery or collection.
4. 9.4
5. Any Excess Charge payable under these Conditions shall be paid by the Hirer to the Provider within 14 days of the issue of a VAT invoice to the Hirer.
6. 9.5
7. Payments directly to the Driver are not to be made under any circumstances and any such payments will not comply with these Conditions in any way.
8. 9.6
9. All charges under these Conditions are stated exclusive of any applicable VAT.
Indemnity
1. 10.1
  Subject to Clause # the Hirer shall keep the Provider indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and similar losses), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by the Provider as a result of or in connection with:
  1. 10.1.1
    the breach of any warranty given by the Hirer in relation to the Order (clause 6.2) or the waste deposited in the Skip (clause 6.4); and / or
  2. 10.1.2
    any claim against the Provider for loss or damage to the Skip (clause 7.3); and / or
  3. 10.1.3
    any claim against the Provider for injury to the Driver or damage to the Vehicle whilst under the direction of the Hirer (clause 7.9); and / or
  4. 10.1.4
    any claim against the Provider in connection with failure of the Hirer to gain adequate permission to locate the Skip (clause 7.6); and / or
  5. 10.1.5
    any other breach of the Agreement by the Hirer.
TERMINATION
1. 11.1
  Subject to clause 10.2, the Agreement will terminate following the removal of the Skip from the Delivery Site and the settlement of all outstanding sums and liabilities by the Hirer to the satisfaction of the Provider.
2. 11.2
  Either party may terminate the Agreement forthwith without liability to the other party by giving written notice if:
  1. 11.2.1
    the party receiving the notice commits a material breach of any term of the Agreement which (in the case of a breach capable of being remedied) shall not have been remedied within 3 Working Days of a written request by the party not in breach to remedy the same;
  2. 11.2.2
    either party makes any arrangement or composition with his creditors (within the meaning of the Insolvency Act 1986), or (being an individual or firm) becomes bankrupt or (being a body corporate) enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed over its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Supplier or for the granting of an administration order in respect of the Supplier;
  3. 11.2.3
    either party ceases or threatens to cease to carry on its business.
3. 11.3
  The termination of the Agreement, however arising, will be without prejudice to the rights and duties of either party accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
Notices
1. 12.1
  Any notice given or made under these Conditions shall be in writing and may be delivered to the relevant party or sent by first class post or sent by facsimile to the address or facsimile number of that party specified in the Agreement or such other address or facsimile number in the United Kingdom as may be notified under the Agreement by that party from time to time.
General
1. 13.1
  Each right or remedy of the Provider under the Agreement is without prejudice to any other right or remedy of the Provider whether under the Agreement or not.
2. 13.2
  The Provider may assign or transfer any of the Provider’s rights or responsibilities under this agreement at any time. The Hirer shall not be entitled to assign or transfer any of its rights or obligations under the Agreement without the prior written consent of the Provider.
3. 13.3
  No failure or delay by either party in exercising any right, power or privilege under the Agreement shall operate as a waiver of such right, power or privilege nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.
4. 13.4
  If any provision of the Agreement is found by a court of competent jurisdiction to be void or unenforceable, that void or unenforceable part shall be deemed severed and deleted and the remainder of the Agreement shall, to the fullest extent possible, remain in full force and effect.
5. 13.5
  Without prejudice to Condition 12.4, if any provision of the Agreement is found by any court of competent jurisdiction to be void or unenforceable the parties shall negotiate in good faith to replace such unenforceable provision with a valid provision which, as far as possible, has the same legal and commercial effect as that which it replaces.
6. 13.6
  Save as expressly provided, nothing in the Agreement shall confer any right upon any person who is not a party to it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
7. 13.7
  Each party may disclose and use information provided to it by the other under or in connection with the Agreement solely for the purpose of and to the extent necessary to comply with its obligations under the Agreement and shall otherwise maintain the other’s information in confidence and will not disclose it to any third party without the other’s prior written consent. The provisions of this Condition 12.7 shall not apply to any information which:
  1. 13.7.1
    was in the public domain at the time of disclosure;
  2. 13.7.2
    has entered the public domain following its disclosure under the Agreement through no fault of the party to whom it was disclosed;
  3. 13.7.3
    was obtained by the recipient lawfully and properly from a third party without any obligation of confidentiality; or
  4. 13.7.4
    is required to be disclosed by a court of competent jurisdiction but then only to the extent and for the purpose of the required disclosure.
8. 13.8
  All information disclosed under the Agreement shall remain the property of the party disclosing it.
9. 13.9
  The Provider may record or monitor telephone calls received at or made from its offices.
10. 13.10
  The Provider is entitled to assume that the person entering into the Agreement on the Hirer’s behalf is duly authorised to bind the Hirer legally to the Hirer’s responsibilities, obligations and liabilities under it.
11. 13.11
  The Conditions shall be governed by and construed in all respects in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to the Conditions.