TERMS AND CONDITIONS

1.DEFINITIONS 

1.1. “Customer” refers to the company or person that has requested the hire of the Skip from Butler Skips Limited.

1.2. “Skip” means a skip hired from Butler Skips Limited.

1.3. “Site” refers to where the Skip is to be deposited at the request of the Customer.

1.4. “Vehicle” refers to Butler Skips Limited’s vehicle.

1.5. “Contract” means the contract for the hire of the Skip.

1.6. “Prohibited Items” shall include (but not limited to) the following: Electrical Appliances, Paint, Fuel, Oil, Solvents, TV’s/ Monitors, Asbestos, Clinical/ Medical Waste, Florescent Tubes, Solvents, Liquids, Batteries, Hazardous/ Toxic Material, Hazardous Wood, Gas Cylinders, Felt Roofing, Mattresses*, Tyres*, Soft Furnishings (POPS)*, Plasterboard* and Carpets* (*without prior written agreement and at additional cost) – MORE INFORMATION

2.PARTIES

The Parties to this Contract are the Customer and Butler Skips Limited.

3.BASIS OF CONTRACT

3.1. The Contract made between Butler Skips Limited and the Customer incorporates and is subject to these conditions and constitutes the entire agreement between the Parties, superseding all previous agreements or arrangements between the Parties. No variation to these conditions shall be binding unless agreed in writing between Parties prior to the date of the Contract.

3.2. The term of hire for any Skip shall be 14 days unless agreed between the parties and shall be inclusive of the day of delivery. Butler Skips Limited shall be entitled at its own discretion to leave the skip on site for longer than 14 days and to collect the skip at any time having given the customer notice. Hire for periods longer than 14 days will be subject to an additional charge of £5.00 per day,  

4.WARRANTIES GIVEN BY CUSTOMER FOR SKIP ON HIRE

The Customer warrants:

4.1. That it will take reasonable care of the Skip, only use it for its proper purpose in a safe and correct manner, notify Butler Skips Limited immediately after any loss and/or damage to the Skip and keep the Skip at all times in its possession and control.

4.2. Not to light fires in the Skip nor to burn anything in it, nor to place any corrosive acid or noxious substance nor liquid cement or concrete in the Skip.

4.3. Not to deposit in the Skip any Prohibited Items. Surcharges will apply where any of these items have been deposited without the prior permission of Butler Skips Limited and the Customer warrants to pay any such surcharges immediately upon demand by Butler Skips Limited.

4.4 Not to dispose of any Plasterboard in the skip unless it has been separated and sealed in rubble sacks and placed on the top of the skip. Butler Skips Limited will only accept a maximum of 2 rubble sacks of plasterboard per Skip. 

4.5 Not to dispose of any Mattresses, Tyres, Soft Furnishings (POPS) or  Carpets in the Skip without the prior written approval of Butler Skips Limited. An additional charge for removal of these items shall be agreed and paid before removal of the Skip from the Site.  

4.4. That the waste material to be removed or disposed of in the Skip does not come within the definition of Hazardous Waste contained in the Hazardous Waste (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005.

4.5. That all activities undertaken by the Customer which may be subject to regulation by virtue of any applicable duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant with the legislation and do not detrimentally affect the compliance of Butler Skips Limited with the said legislation or in any way render Butler Skips Limited liable under Section 33 of the said Act or otherwise liable.

4.6. That it will take adequate and proper measures to protect the Skip from theft, damage and /or other risks and will return the Skip in good working order and condition (fair wear and tear excepted).

4.7. That it will not continue to use the Skip where it has been damaged and will notify Butler Skips Limited immediately if the Skip is involved in an accident resulting in damage to the Skip, other property and/or injury to any person.

4.8. To ensure that the Skip is not filled above the level of the sides thereof. In the event that Butler Skips Limited is unable to collect the Skip owing to overloading of the Skip, the Customer shall pay to Butler Skips Limited any abortive costs of collection incurred by Butler Skips Limited.

4.9. That if the Skip is returned in a damaged, unclean and/or defective state (except where due to fair wear and tear), the Customer shall be liable to pay Butler Skips Limited: (i) for the cost of any repair and/or cleaning required to return the Skip to a condition fit for re-hire and (ii) the hire charges until such repairs and/or cleaning have been completed.

4.10. That it will pay to Butler Skips Limited the replacement cost on a new for old basis of Skip which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to Butler Skips Limited under any policy of insurance taken out in accordance with these conditions. The Customer shall further pay to Butler Skips Limited the hire charges for the Skip until Butler Skips Limited has been paid the amount representing the replacement cost of the Skip. 

4.10. That it will sign a Waste Transfer Note prepared by Butler Skips Limited declaring and confirming the waste classification code of the waste being deposited in the Skip and the Customer must ensure that the waste is accurately described. Where the waste type does not conform to the description as specified in the Waste Transfer Note, charges may vary. 

6.INDEMNITIES GIVEN BY THE CUSTOMER IN RELATION TO SKIP ON HIRE

6.1. The Customer agrees that it shall indemnify Butler Skips Limited in respect of all losses suffered by Butler Skips Limited as a consequence of:

6.1.1. The Customer requiring Butler Skips Limited to use Vehicles to deliver or collect the Skip off road where damage is caused to the Vehicle, to the Skip or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.

6.1.2. Damage to or loss of the Skip while on hire to the Customer which shall include damage howsoever caused but excepting fair wear and tear.

6.1.3. All claims for injuries to persons or damage to property arising out of use of the Skip while on hire.

6.1.4. Any breach of these Conditions by the Customer.

6.2. The Customer shall indemnify Butler Skips Limited for any surcharges charged to them as a results of the Customer’s use of the Skip and disposal of waste therein.

7.LIMITATION OF LIABILITY OF BUTLER SKIPS LIMITED

7.1. If Butler Skips Limited is found to be liable in respect of any loss or damage to the Customer’s property, the extent of their liability will be limited to the fair and reasonable cost of replacement of the damaged property.

7.2. The Customer shall give Butler Skips Limited a reasonable opportunity to remedy any matter for which Butler Skips Limited is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, Butler Skips Limited shall have no liability to the Customer.

7.3. Butler Skips Limited shall have no liability to the Customer if any monies due in respect of the hire of Skip has not been paid in full by the due date for payment.

7.5. Butler Skips Limited shall have no liability to the Customer for any consequential losses (including loss of profits and /or damage to goodwill), economic and /or other similar losses, special damages and other direct and indirect losses or for business interruption, loss of business or loss of opportunity.

7.6. Butler Skips Limited shall use its reasonable commercial endeavours to ensure the Skip arrives when the Customer requires delivery. Any approximate times given by Butler Skips Limited are estimates only and Butler Skips Limited shall not be liable for any delay in delivery of the Skip howsoever caused. Time for delivery of the Skip shall not be of the essence. Butler Skips Limited shall not, in any event, be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond Butler Skips Limited’s reasonable control.

7.7. Nothing in this Contract shall exclude or limit the liability of Butler Skips Limited for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.

8.PRICE AND PAYMENT

8.1. Payment for the Skip and all applicable delivery charges is in advance, based on the information provided by the Customer. In the event that there are any surcharges (such as overweight/overloaded skip charges, disposal of restricted items, etc.) or wasted journey charges, the Customer shall be liable to pay these fees and Butler Skips Limited shall contact the Customer to arrange further payment.

8.2. Any payment made by the Customer shall be deemed conclusive proof of entitlement to payment for the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.

9.CANCELLATION AND REFUND

9.1. You may cancel your order for Skip by giving us notice at any time before we start incurring any costs.

9.2. If you cancel an order under 9.1 and you have made any payments in advance for Skip that has not been delivered to you, Butler Skips Limited shall refund those amounts to you less any card processing fees reasonably incurred.

10.TERMINATION BY NOTICE

10.1. If the period of hire has a fixed duration neither the Customer nor Butler Skips Limited shall be entitled to terminate the Contract before the expiry of that fixed period. If the period of hire does not have a fixed duration either the Customer (subject to clause 9.1) or Butler Skips Limited is entitled to terminate the Contract upon giving to the other party any agreed period of notice (if no period of notice has been agreed, the default notice period shall be 1 working days’ notice in writing).

10.2. In the event that the Contract is terminated the Customer shall pay to Butler Skips Limited without deduction or set-off any sums outstanding as at the date of termination, or sums which fall due after termination which relate to the hire of the Skip (e.g. additional costs of removal of the Skip or disposal).

11.RISK AND OWNERSHIP OF THE SKIP

11.1. Risk in the Skip will pass immediately to the Customer when they leave the physical possession or control of Butler Skips Limited. Risk in the Skip hired will not pass back to Butler Skips Limited from the Customer until the Skip is back in the physical possession of Butler Skips Limited. 

11.2. Ownership of the Skip remains at all times with Butler Skips Limited. The Customer has no right, title or interest in the Skip except that it is hired to the Customer. 

12.GENERAL

12.1. If any term or provision in these conditions shall be held to be unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions (amended as necessary) shall not be affected.

12.2. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.

12.3. The Contract shall be governed by the Laws of England and the Customer and Butler Skips Limited hereby irrevocably submit to the exclusive jurisdiction of the English Courts.