TERMS AND CONDITIONS
Interpretation
1.1 In these conditions the following words have the following meanings:
“CONTRACT”
Means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of the “Hire Goods”, Services & supply of Materials;
“CUSTOMER”
Means the person, firm, company or other organisation hiring or purchasing goods & services;
“PAYMENT”
Means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
“FORCE MAJEURE”
Means any event outside a party’s reasonable control including but not limited to acts of God, war, labour disputes, strikes, lock-outs, riots, civil commotion, explosion, terrorism, governmental actions and any other similar events;
“HIRE GOODS”
Means any skip together with any accessories or products supplied as specified in a Contract which are hired or supplied to the Customer;
“HIRE PERIOD”
Means the period commencing when the Customer holds the Hire Goods on hire as identified in 4.1-4.7-4.8 (including Saturdays Sundays and Bank Holidays) and ending upon the happening of the physical repossession or collection of Hire Goods by the Supplier as identified in 9.1.2.
“LIABILITY”
Means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“PRODUCTS”
Means the products sold to the Customer by the Supplier i.e lights, recycled materials, aggregate supplies etc;
“RENTAL”
Means the Supplier’s charging rate for the continued possession of the Hire Goods as stated in 9.1.2 which is current from time to time during the Hire Period;
“SUPPLIER”
Means PJ Products Ltd t/a PJ and will include its employees, servants, agents and/or duly authorised representatives;
“SERVICES”
Means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with services rendered (specialist vehicle activities) or the hire of Hire Goods including any delivery, collection, licensing and/or insurances for services in respect of the Hire Goods as identified in 4.1 and 5.2.
“LEVEL LOAD”
Means that the contents of the hire goods do not exceed the height or width of the Skip supplied.
“WASTE MATERIALS”
Means the contents of the Hire Goods.
“SPECIALIST WASTE”
Means waste products that are identified under Environment Agency guidelines that are considered to be dangerous to health or the environment and require specialist disposal.
“LICENCE”
Means the relevant authorisation to place the Hire Goods on the public highway (4.9) from the Highways Department, or in a parking bay managed by the local authority (6.1.7).
“NO FIRES”
Means no fires of any nature are allowed within the skip, and that all Customers must take all necessary precautions to protect the Hire Goods from fire be it by malice, accident or a purposeful act.
Basis of Contract
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier’s control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed the duration as laid down in section 9.1.2, after which time the Contract shall be deemed to have automatically terminated unless informed accordingly. Subsequently the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer, which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
Payment
3.1 The amount of any Payment, Rental and/or charges for any Services shall be as quoted to the Customer upon application. Where a Payment is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods beyond the stated Hire Period.
3.2 The Customer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. If the Supplier has agreed monthly credit terms with the Customer, invoices from the Supplier to the Customer must be paid by the last day of the month following the date of the invoice. If no credit terms the Supplier’s invoices are due for payment when an order is placed or, if agreed in advance, when the Hire Goods or Products are delivered.
3.3 The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT or Licences for which the Customer shall additionally be liable.
3.4Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
3.5 If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment /decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 2.5% per month whichever is higher. Where the Supplier is entitled to claim compensation for debt recovery costs from the Customer, the Supplier may also exercise its statutory right to claim compensation charges ranging from £40 to £100, depending on the amount overdue, under the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
3.6 The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
3.7 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
3.8 The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Hire Goods as a form of payment, in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract.
3.9 All waste materials remain the property of the customer until full financial settlement for the contract has been received.
4.0 The Supplier retains the right to recover all associated costs from the Customer in respect of waste materials that fall under the banner “Specialist Waste” such as fridges etc.
Risk Ownership and Insurance
4.1 Risk in the Hire Goods and any Products, licences and insurances will pass immediately to the Customer when they leave the physical possession or control of the Supplier, i.e upon delivery.
4.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
4.4 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.
4.5 The Supplier may provide licences and reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental. Alternatively the Supplier may require the Customer to licence and insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Hire Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated licence/insurance without the Supplier’s written consent.
4.6 The Customer is to ensure they are Compliant with legal ramifications required regarding 4.5.
4.7 Non account customers will be liable to insure and licence the Hire Goods where appropriate for a period of not less than 5 working days.
4.8 Account customers will be liable to insure and licence the Hire Goods for a period of not less than 30 working days unless otherwise stated at the outset of the hire.
4.9 The hirer must ensure the safety of the hire goods and associated products until the hire goods are back in the possession of the supplier.
Delivery, Collection and Services
5.1 The supplier agrees to deliver and collect the Hire Goods for the Customer and will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.
5.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and will remain responsible for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
5.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
5.4 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
5.5 The Supplier retains the right to enforce its “Level Load Policy” at all times and all Customers will be responsible to ensure all loads comply with the HSE “Safe Loads” guidelines. Any Load considered to be unsafe will be the responsibility of the “Customer” to resolve at the Customers own expense.
5.6 Any services carried out by the Supplier on behalf of the Customer shall be done so under the Customers own insurance as identified in Clause 5.2.
Care of Hire Goods
6.1 The Customer shall:-
6.1.1 not remove any labels/markers from and/or interfere with the Hire Goods, and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner;
6.1.2 notify the Supplier immediately after any, loss and/or damage to the Hire Goods and/or products supplied;
6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage, fire and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;
6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
6.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the county where the Customer is located and/or the county where the Supplier is located without the prior written consent of the Supplier;
6.1.7 be responsible for ensuring the Hire Goods comply with Local Government/Council legislation, bye laws and best practice;
6.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any licence or policy of insurance related to the Hire Goods;
6.1.9 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
6.2 The Customer must ensure that the Hire Goods are returned in good order and condition (fair wear and tear excepted) and in a clean condition (where applicable).
6.3 The Customer must ensure that the Hire Goods are NOT loaded in a manner in excess of the guidance notices concerning “Level Loads”.
6.4 The Customer must ensure that no Fires are allowed within the Hire Goods as identified in “Section 7”.
Loss or Damage to the Hire Goods
7.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 8.3, until such repairs, replacement and/or cleaning have been completed.
7.2 The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with these conditions.
7.3 The Customer shall pay the Rental for the Hire Goods up to and including the date of notification to the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 7.2 above.
7.4 The Customer shall pay for any Fire damage to the Hire Goods whether caused by malice, accident or a purposeful act.
Termination by Notice
8.1 All Hire Periods have a fixed duration, subject to the provisions of Section 9 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
8.2 If the Hire Period does not have a fixed duration either the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
8.3 The Supplier shall be entitled to terminate the hire of the Hire Goods by giving not less than 1 days’ notice to the Customer.
8.4 The Customer shall be entitled to terminate the hire of the Hire Goods by giving not less than 1 days’ notice to the Supplier.
8.5 The Customer will take all reasonable precautions to protect the Hire Goods for a period of 48 hours after the termination.
Default
9.1 If the Customer:-
9.1.1 fails to make any payment to the Supplier when due without just cause;
9.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 5 days for Domestic customers and 30 days for Commercial customers after receiving notice requiring the breach to be remedied;
9.1.3 persistently breaches the terms of the Contract;
9.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
9.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
9.1.6 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress /diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
9.1.7 appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
9.1.8 appears reasonably to the Supplier to be about to suffer any of the above events; then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.
9.2 If any of the events set out in clause 10.1 above occurs in relation to the Customer then:-
9.2.1 except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods and/or Products owned by the Supplier may be and repossess any Hire Goods and/or Products;
9.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
9.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
9.2.4 all monies owed by the Customer to the Supplier shall immediately become due and payable.
9.3 Any repossession of the Hire Goods and/or Products shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods, Products and/or Services.
9.4 Upon termination of the Contract the Customer shall immediately:
9.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and
9.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract
Limitations of Liability
10.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
10.2 If the Supplier is found to be liable in respect of any damage to the Customer’s property the Supplier will arrange for the relevant works to be undertaken by one of the Suppliers approved contractors.
10.3 Any defective Hire Goods or Products must be reported to the Supplier for inspection by the Supplier before the Supplier will have any Liability for defective Hire Goods and Products.
10.4 The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.
10.5 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
10.6 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.
10.7 The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
10.8 The Supplier shall have no Liability to the Customer for any:-
10.8.1 consequential losses (including loss of profits and/or damage to goodwill);
10.8.2 economic and/or other similar losses;
10.8.3 special damages and indirect losses; and/or
10.8.4 business interruption, loss of business, contracts and/or opportunity.
10.9 The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000.00 whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.
10.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
10.10.1 Liability for breach of contract;
10.10.2 Liability in tort/delict (including negligence); and
10.10.3 Liability for breach of statutory and/or common law duty shall apply in respect of all the said types of Liability.
10.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier’s negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
10.12 All claims must be reported within 24 Hours of the incident. Failure to report a claim within the prescribed allotted time period will invalidate the claim.
General
11.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.
11.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
11.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
11.4 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
11.5 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
11.6 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
11.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract.
The Data Protection Act 1998
The Supplier will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) (“personal data”) unless you provide it to us voluntarily. If you do not want your personal data collected, please do not submit it.
If you have already submitted personal data and would like it removed from our records, please contact us at the email address or phone number listed at the bottom of this section. We will use reasonable efforts to delete your information from our records.
Any information you provide to The Supplier (“data”) will be put onto The Supplier database and processed by us for marketing purposes, market research, tracking of sales data, and in order to contact you or send you publications. The Supplier may also disclose the data within its group of companies and to its professional advisers and agents for the above purposes. By submitting your data to us you agree to our storage and use of the data.
In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the website from which you linked to our site or advertisement.
Who To Contact
If you have submitted personal data through the Site and would like that information deleted from our records, please contact us at our e-mail address enquiries@pj-waste.co.uk
Or telephone: 01323 488888
or write to:
PJ Products Ltd, Cophall Woods, Hailsham Road, Polegate, East Sussex BN26 6RF