1.1 These conditions apply to all agreements for the supply of services by QUICK WASTE LTD and supersede any previous terms and conditions. No additions or modifications to or terms inconsistent with these conditions shall be binding upon QUICK WASTE LTD unless specifically agreed in writing by QUICK WASTE LTD.
1.2 QUICK WASTE LTD may require a credit application from the customer and in processing the credit application the customer consents that QUICK WASTE LTD may make enquiries of credit reference agencies or other sources, who may keep a record of QUICK WASTE LTD enquiry, and that QUICK WASTE LTD may use any information obtained for the purposes of risk assessment, fraud prevention and for occasional debt tracing.
1.3 The rights and obligations of the customer under this agreement shall be personal and shall not be assignable without the express consent of QUICK WASTE LTD.
2.1 The service shall commence with effect from the date agreed between the parties.
2.2 The standard hire period for non-account customers is three weeks. Additional charges of £35 per week will apply for extended periods. We reserve the right to collect the container at any time if payment is refused. We reserve the right to apply the same terms and conditions after 6 weeks for account customers.
3. PAYMENT TERMS
3.1 Payment is due at time of booking for non-account customers. Account customers have set payment terms of 30 days end of month unless otherwise stated.
3.2 The customer shall not be entitled to dispute any payment made. The customer agrees that QUICK WASTE LTD records will be proof of the service provided.
4.1 QUICK WASTE LTD shall have the right to increase the charge at any time to take account of any variation in QUICK WASTE LTDs costs including (but not limited to) variation in wages, disposal costs, administration costs, cost of materials and equipment, fuel costs, taxes, duties and cost of compliance with relevant legislation. QUICK WASTE LTD shall endeavour to give the customer not less than one calendar months’ notice of any variation of the charge under this clause, but notwithstanding this the customer shall be liable to pay any increase from the date specified in the notice.
5. DELIVERY ACCESS UNLOADING AND RETURN
5.1 The equipment shall be delivered to the site in the quantity specified on order.
5.2 The customer shall provide suitable access to the site, a suitable area for siting the equipment and suitable facilities for turning the vehicle round.
5.3 The driver of the vehicle may in his absolute discretion refuse delivery if he believes that access to the collection site or turning facilities are unsafe or likely to cause damage to the vehicle or if there is any reason to believe that the proposed area for siting the equipment is unsuitable. In this case, a wasted journey cost will be charged.
5.4 Subject to Clause 9.2, the customer shall be responsible for the safety of any person (including the employees and agents of QUICK WASTE LTD whilst on or about the site.
6. PERFORMANCE DATES AND FORCE MAJEURE
6.1 Without prejudice QUICK WASTE LTD shall have no liability for any delay or default in the provision of the service caused directly or indirectly by breakdown or unavailability of equipment or vehicles, inability to obtain labour or any other causes beyond QUICK WASTE LTD’s reasonable control.
7.1 Risk of any loss or damage to the equipment shall pass to and remain with the customer from the time when the equipment first arrives at the site, except where the loss or damage arises from the negligence or wilful default of QUICK WASTE LTD, its employees, agents or subcontractors.
8. EMPTYING, REPLACEMENT AND REMOVAL
8.1 The customer shall always allow QUICK WASTE LTD, its employees or agents access to the equipment to empty or replace it and on the termination to remove it from the site.
8.2 All waste deposited in the equipment shall become the property of QUICK WASTE LTD from the time when QUICK WASTE LTD empties or replaces the equipment PROVIDED THAT this clause shall not absolve the customer from any liability or responsibility in relation to the waste.
9. EQUIPMENT LOADING
9.1 The customer will conform to any statutory enactments and regulations and bye-laws and regulations of local or other statutory authorities which apply to the equipment.
9.2 The customer shall not:
9.2.1 overload or overfill the equipment; or
9.2.2 set fire to the contents of the equipment; or
9.2.3 interfere with the mechanism of the equipment; or
9.2.4 add or attach to the equipment any painting, sign, writing, lettering or advertising.
9.3 All equipment provided shall remain the property of QUICK WASTE LTD and the customer will have no rights to the equipment. The equipment must only be used by the customer and must be kept at the site. The customer shall have no right of lien over the equipment.
9.4 The customer has agreed that the equipment is suitable to contain and transport the waste in the quantities specified. QUICK WASTE LTD relies on the customer’s advice as to the quantity and weight of waste involved in the provision of the service.
10.1 The customer and QUICK WASTE LTD shall each sign a new Transfer Note. It is an offence to overload skips or to set fire to materials in the skip. Any damage caused to skips will be charged to the hirer, the minimum charge will be £100. The skip hirer is responsible for the lighting of a skip on a licence and safety of the cones and lights. Hirers ordering vehicles off the public highway do so entirely at their own risk.
10.2 QUICK WASTE LTD will be entitled to refuse to deal with any material:
10.2.1 which it has reason to believe is toxic, poisonous, explosive, inflammable or otherwise dangerous; or
10.2.2 the handling of which may cause Quick Waste to incur civil or criminal liability; or
10.2.3 which it has reason to believe is or may be a special waste; or
10.2.4 the disposal of which might involve Quick Waste in additional expense or an unreasonable amount of extra work.
11.1 QUICK WASTE LTD will use all reasonable endeavours to satisfy itself that any disposal site at which the customer’s waste is disposed of is operated in accordance with statutory requirements where such disposal site is not operated by QUICK WASTE LTD. However, QUICK WASTE LTD accepts no liability whatsoever for any third party’s failure so to operate.
12. CANCELLATION POLICY
12.1 we reserve the right to cancel the contract between us if:
12.1.1 we cannot obtain the authorisation of payment for the goods you have ordered;
12..1.2 we have insufficient stock to deliver the goods you have ordered;
12.1.3 we do not deliver to your area;
12.1.4 what you ordered was listed at an incorrect price due to a typographical error or an obvious error in the pricing information uploaded to our website.
13. LIABILITIES OF THE CUSTOMER
13.1 During the agreement, the customer shall make good to QUICK WASTE LTD all loss of or damage to the equipment (fair wear and tear excepted).
13.2 Subject to Clause 9, the customer shall indemnify and hold QUICK WASTE LTD harmless against any injury, demands, actions, costs, charges, expenses, loss damage or liability to any persons or property arising from:
13.2.1 any act, omission or negligence of the customer, its agents or employees; or
13.2.2 the provision of the service.
13.3 If the customer requests that the equipment be placed in a position which requires the vehicle to leave the public highway, the customer shall indemnify and hold QUICK WASTE LTD harmless against any loss, costs, claims, damages or expenses that QUICK WASTE LTD may thereby incur whether as a result of damage to the vehicle, the equipment, the property of the customer or a third party including damage to the road margin or pavements.
13.4 The customer shall maintain insurance cover in respect of this indemnity and shall at the request of QUICK WASTE LTD provide a copy of the insurance policy as proof of maintaining such cover.