TERMS AND CONDITIONS OF HIRE OF JMS WASTE LTD
The following expressions shall have the following meanings:
1.1 “Owner” means JMS WASTE LTD of 89 Lucas Close, Maidenbower, Crawley, West Sussex RH10 7EY
1.2 “Hirer” means any person who makes an Agreement for Services with the Owner;
1.3 “Equipment” means any skip, container, plant, goods, or other related materials;
1.4 “Quotation” means a proposal, pricing offer or other similar document describing the Services;
1.5 “Services” means the hire of Equipment and subsequent disposal of the contents of the Equipment as described in the Quotation;
1.6 “Site” means the place where the Equipment is to be supplied and deposited as described in the Quotation;
1.7 “Fees” means the payment due from the Hirer to the Owner for provision of the Services;
1.8 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Owner;
1.9 “Agreement” means the contract between the Owner and the Hirer for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Owner to the Hirer and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Owner.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Owner may be entitled in relation to the Services, by virtue, of any statute, law, or regulation.
2.4 Any reference in these Terms and Conditions to legislation, statute, regulation, or provision thereof shall be construed as a reference to that legislation, statute, regulation, or provision as amended, enacted or extended at the relevant time.
2.5 Nothing in the Agreement shall exclude or limit any statutory rights of the Hirer.
3.1 The Quotation for Services is attached to these Terms and Conditions.
3.2 The Quotation for Services shall remain valid for a period of (14 days).
3.3 The “Quotation must be accepted by the Hirer in its entirety”.
3.4 The Agreement between the Owner and the Hirer, incorporating these Terms and Conditions, shall only come into force when the Owner confirms acceptance in writing to the Hirer.
3.5 Any typographical, clerical, or other error or omission in any sales literature, quotation or price list, acceptance of offer, invoice, website or other document or information issued by the Owner shall be subject to correction without any liability on the part of the Owner.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the Quotation.
4.2 Any variation to the Services must be agreed by the Owner in writing.
4.3 The Services shall commence on the start date specified in the Quotation and shall continue until the finish date specified in the Quotation or until terminated in terms of this Agreement.
4.4 The commencement of the Services is dependent on the Owner having adequate materials and labour available at the anticipated start date and the Hirer giving the Owner reasonable notice of the intention to require the Services.
4.5 The Services shall be carried out at the Site or any other location that the Owner agrees with the Hirer in writing.
4.6 The Owner reserves the right to make any changes to the specification of the Equipment as described in the original Quotation which may be required to conform to any safety or other statutory obligations that become applicable.
5.1 The price for Services is as specified in the Quotation and is inclusive of [VAT and] any other charges as outlined in the Quotation.
5.2 The terms for payment are as specified in the Quotation.
5.3 A Deposit as specified in the Quotation shall be payable by the Hirer to the Owner in advance of the provision of the Services to be held as security by the Owner for the duration of the Agreement. On termination of the Agreement the Deposit shall be refundable in full to the Hirer less any amounts deducted to cover damage, loss, payments due or other costs covered by this Agreement.
5.4 Fees include delivery and collection of the Equipment to and from the Site.
5.5 The Hirer must settle all payments for Services when the skip arrives on the day of delivery or before.
5.5. (1) Once hirer has made a deposit or full payment to JMS services this agreement then applies to both parties (Hirer & Owner) or when Hirer has signed for delivery which is in conjunction with these terms.
5.6 The Hirer will pay interest on all late payments at a rate of 5% per annum above the base lending rate of high street banks.
5.7 The Owner is entitled to recover all reasonable expenses incurred in obtaining payment from the Hirer where any payment due to the Owner is late.
5.8 The Owner is entitled to vary the price to take account of:
5.8.1 any additional Services requested by the Hirer which were not included in the original Quotation;
5.8.2 any additional work required to complete the Services which was not anticipated at the time of the Quotation;
5.8.3 any additional charges incurred by the Owner relating to waste that has been deposited in the Equipment by the Hirer which does not comply with these Terms and Conditions;
5.8.4 any reasonable increase in transport costs, materials or equipment required by the Owner to provide the Services; and any variation must be intimated to the Hirer in writing by the Owner.
5.9 Fees are quoted on the understanding that the Services shall be provided during normal working hours. Should the Hirer request the Services be provided out of normal working times additional charges will apply accordingly to cover over-time or anti-social working hours shall be payable in addition to the quoted Fees.
5.10 In the event of non-payment of Fees the Owner may request return of the Equipment from the Hirer but may not enter the Site to recover possession without the permission of the Hirer.
5.11 The period of hire is as detailed in the Quotation and no credit will be given or monies refunded by the Owner to the Hirer if the Hirer deems not to require the Equipment for the agreed time.
5.12 Cancelled orders must be in writing via email 36 hours before delivery or hirer will be subject to a charge of 50% of the hire fee.
5.13 Amendments to orders may be made within 2 of the date for delivery.
5.14 If the standard time of 7 days for depositing or collecting the Equipment is exceeded a penalty charge of 13% per day is payable by the Hirer to the Owner.
6 HIRER OBLIGATIONS
6.1 The Hirer agrees to cooperate with the Owner always.
6.2 The Hirer shall comply with any conditions regarding safety as prescribed by the Owner, current regulations, and industry guidelines for the period of the Services.
6.3 The Hirer shall, for the period of the provision of the Services, be responsible for obtaining and maintaining all consents, licenses and permits required for the provision of the Services as prescribed by legislation or regulation and shall provide the Owner with copies of such consents before work starts. The costs of compliance with this condition shall be met solely by the Hirer.
6.4 The Hirer undertakes with respect to all Equipment delivered by the Owner to be placed other than on private property:
6.4.1 that the appropriate skip permit has been obtained from the local authority;
6.4.2 that such permission be kept in force for the duration of the Services, to include a reasonable time for the removal of the Equipment by the Owner if necessary;
6.4.3 that all conditions attached to the permit are adhered to throughout the period of the Services;
6.4.4 that the Equipment is adequately lit during periods of darkness to comply with the current legislation;
6.4.5 that the requisite number of traffic cones are placed in the correct position according to current legislation.
6.5 The Hirer undertakes with respect to all Equipment delivered by the Owner to be placed on Site, in addition to the obligations covered by Condition 6.4 where appropriate;
6.5.1 that all necessary approach roads shall be adequately maintained to allow delivery of the Equipment;
6.5.2 to notify the Owner of any special requirements for delivery of the Equipment at the time of ordering the Services;
6.5.3 to accept delivery of the Equipment promptly when delivered to the Site;
6.5.4 to ensure that an authorised person is present at the time of delivery to sign an acknowledgement delivery sheet and verify the Equipment has been delivered accordingly to the Quotation and these Terms and Conditions.
6.6 Where “the driver is directed by the Hirer” to deposit or collect Equipment from a Site situated off a public highway the Owner shall be under no liability to the Hirer for any damage howsoever caused whilst the vehicle is off the highway other than such as might be the result of negligent driving on the part of the driver. The Hirer will compensate the Owner for any damage to the vehicle or the Equipment which would not have occurred had the driver not been so directed.
6.7 The Hirer must not move the Equipment without the permission of the Owner and the Highway Authority, if appropriate.
6.8 Should the Highway Authority or local police require the Owner to move the Equipment the Hirer shall meet any cost incurred in this respect.
6.9 The Hirer shall provide all welfare facilities required for the employees or sub-contractors of the Owner as regulated by statute or industry protocol about the provision of the Services. The Hirer shall meet the costs of compliance with this condition and shall provide written evidence to the Owner to support such compliance.
6.10 The Hirer shall use the Equipment only for its proper purpose and in a safe and correct manner. Any loss, theft or damage must be reported immediately to the Owner.
6.11 The Hirer shall maintain adequate insurance policies to cover all liabilities as set out in these Terms and Conditions.
6.12 The Hirer shall ensure that at the time of collection there is a clear space at one end of the Equipment of not less than thirty feet to give vehicular access to allow delivery. If the Owner cannot remove the Equipment because this condition is not adhered to the Hirer shall be liable for any additional costs incurred.
6.13 The Hirer is responsible for the safekeeping of all Equipment once it leaves the possession of the Owner. Lost Equipment shall be charged at 100% of the list price for that item and damaged Equipment shall be charged accordingly to the cost of repair.
6.14 Should the Hirer require any repair, alteration, or addition to the Equipment a written request must be made to the Owner and charges paid should they become due on completion of the additional work. The Hirer is not authorised to make any such changes to the Equipment without the consent of the Owner.
6.15 The Equipment must be returned to the Owner in good working order and in a clean condition at the end of the Services.
6.16 The Hirer shall not light fires in the Equipment or burn anything therein.
6.17 The Hirer shall ensure that the Equipment is not filled above the level of the sides thereof. If the Owner is unable to collect the Equipment owing to overloading the Hirer shall meet any costs thus.
6.18 The Hirer shall ensure that no danger is caused by the Equipment or its contents to any third party but without limitation thereto to children.
7 OWNER OBLIGATIONS
7.1 The Owner shall supply the Services as specified in the Quotation and in these Terms and Conditions.
7.2 The Owner shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 The Owner shall have the authority to delegate any obligations to other employees or subcontractors but undertakes to notify the Hirer of any significant changes.
7.4 The Owner shall ensure that the Equipment is sound and adequate for the purpose requested by the Hirer.
7.5 The Owner shall ensure that the Equipment meets all statutory obligations and industry guidelines.
7.6 The Owner shall maintain appropriate insurance policies to cover the provision of the Services.
7.7 The Owner shall remedy any defects to the Equipment if notified within 2 days of delivery. In absence of any notification the Equipment shall be deemed to be as ordered.
8 WASTE MATERIALS
8.1 The Hirer must sign a single or multiple consignment transfer note declaring the waste type and ensure that the waste is accurately described when completing such a transfer note.
- Where “appropriate waste must be stored by the Hirer in suitable containers”.
- Where the waste type does not conform to the description as specified on the waste transfer note or is different to that specified as the time the Equipment was ordered then charges may be payable.
- The Hirer must ensure that no liquids, explosives, toxic or dangerous materials including, but not limited to fibrous asbestos, solvents, minerals or greases are placed in the Equipment without the written consent of the Owner and that the contents of the Equipment when loaded conforms to the requirements of the relevant legislation and statutory instruments in place at the time and the local waste regulation authority with regard to its suitability for disposal as general or special waste at a controlled waste disposal site.
- If any waste as described in Condition 8.4 is placed in the Equipment the Hirer will immediately give the notices required by legislation and send copies to the Owner.
- The Hirer shall not place in the Equipment any bonded asbestos except where the Hirer has given seven (7) days’ notice to the Owner of their intention to do so and obtained the written agreement of the Owner and paid any charges that may become due in this respect.
- The Hirer shall not place any cans, bottles, or other liquid containers in the Equipment unless they are dry, free from liquid, residues and open for inspection.
- The Hirer shall not place any corrosive or noxious substance or liquid cement or concrete in the Equipment.
9.1 Title to the Equipment remains with the Owner always. The Hirer has no right, title, or interest in the Equipment except that it is hired to the Hirer for the period of the Services.
9.2 The Hirer must not deal with the title or any interest in the Equipment hired. This includes, but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.
9.3 In the event of any default of this Agreement on the part of the Hirer the Owner is entitled to resume possession of the Equipment.
9.4 Risk in the Equipment passes immediately to the Hirer when the Equipment leaves the possession of the Owner.
9.5 Risk in the Equipment will not pass back to the Owner from the Hirer until the Equipment is back in the physical possession of the Owner. This shall apply even if the Owner has agreed to cease charging for the hire of the Equipment.
9.6 The Hirer is responsible for the contents of the Equipment deposited by the Hirer during the period of the Services. The Owner shall assume responsibility for these contents on collection of the Equipment unless otherwise agreed in writing and precluding contents that have been deposited in variance with these Terms and Conditions.
10.1 In respect of Services provided for a fixed period as specified in the Quotation the Agreement shall continue until the Services have been provided in terms of the said Quotation or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
10.2 In respect of Services provided for no fixed duration either party is entitled to terminate the Agreement on giving 3 days’ notice.
10.3 The Hirer may terminate the Agreement if the Owner fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
10.4 The Owner may terminate the Agreement if the Client has failed to make over any payment due within the sum being requested. See 5.5
10.5 The Owner may terminate the Agreement if the Hirer, or any contractors engaged by them, cause such delay as to render the Owner unable to provide the Services for an unreasonable period, of time.
10.6 Either party may terminate the Agreement by notice in writing to the other if:
10.6.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.6.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.6.3 the other party passes a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court of competent authority makes an order to that effect; or
10.6.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.6.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.
10.7 In the event of termination the Hirer must make over to the Owner any payment for work done and expenses incurred up to the date of termination.
10.8 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Both parties warrant their authority to enter this Agreement and have obtained all necessary approvals to do so.
12 LIMITATION OF LIABILITY
12.1 The Owner shall not be responsible for:
12.1.1 losses that were not caused by any breach on the part of the Owner; or
12.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
12.1.3 any indirect or consequential losses that were not foreseeable to both the Hirer and the Owner.
12.2 Nothing in these Terms and Conditions limits or excludes the Owner’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Owner’s negligence or wilful misconduct.
12.3 The Owner shall have no liability for additional damage, loss, liability, claims, costs or expenses, caused or contributed to by the Hirer’s continued use of defective Equipment after a defect has become apparent or suspected or should reasonably have been so to the Hirer.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Hirer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Owner.
15 RELATIONSHIP OF PARTIES
Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
16 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions 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 these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Quotation or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
20 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents, or other undertakings either written or oral.
21 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of United Kingdom Courts.
Once hirer has made a deposit or full payment to JMS services this agreement then applies to both parties (Hirer & Owner).