Conditions Of Hire"Owner" Portland Stone Ltd. "Vehicle" means the vehicle which is delivering or collecting the skip which is the subject of the contract. "Driver" means the driver of the vehicle "The Site" means the place where the skip is deposited on directions of the hirer. The owner enters into agreements for the hire of skip and the disposal of contents upon the following conditions.
No agent or employee of the owner is permitted to alter or to vary these conditions in any way or to give any consent thereunder unless he is authorised in writing by the owner so to do.
The owner will use his best endeavours to comply with the hirer's requirements but can accept no responsibility for the failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstance beyond the owner's control or any unforeseen or abnormal conditions or by any act or neglect on the part of the hirer.
(a) Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere than on a highway.
(b) The hirer shall save harmless and keep the owner indemnified against any claim demand or penalty arising out of the presence of the skip on the site and which could not have been made or inflicted had the skip not been placed on the site.
The hirer shall direct the driver where to deposit or pick up the skip.
Where the driver is directed to deposit or pick up the skip on or from a site which is off the highway, the owner shall be under no liability whatsoever to the hirer for any damage howsoever caused whilst the vehicle is off the highway. Without prejudice to the generality of the Condition 3(b) the hirer shall be subject as above save harmless and keep the owner indemnified against any claim or demand which could not have been made had the driver not been so directed. The hirer will compensate the owner for any damage to the vehicle or the skip which would not have occurred had the driver not been so directed and is not due to any negligent driving on the part of the driver.
The time allowed for depositing and picking up the skip is ten minutes. If the vehicle is kept waiting longer than this after arrival the hirer will be liable for reasonable demurrage.
The hirer shall ensure that all permissions required before skips can lawfully be deposited on the site, including the permissions required under the Highways Act 1971, have been or will be obtained before he directs the driver to deposit the skip.
The hirer shall not move the skip on or from the site without the consent of the owner or the hirer will become liable for any further moving costs.
(a) The hirer shall ensure that no waste to which Section 3(I) of the Deposit of Poisonous Waste Act 1972 applies will be placed in the skip without the written consent of the owner.
(b) If any waste to which the said section applies is placed in any skip the hirer shall immediately give notice required by the said section and send copies of such notice to the owner.
The hirer shall ensure that from the time that the skip is deposited until it is picked up again by the owner:
(a) It is properly sited in accordance with the permission given.
(b) It is properly lighted during the hours of darkness.
(c) No fires are lit in it.
(d) It is filled no higher than the top of its sides.
(e) It suffers no damage other than fair wear and tear.
Notwithstanding the terms and condition 10 it shall be the owner's responsibility to ensure compliance with any condition imposed by a Highway Authority relating to the marking of the skip with reflective paint.
Except when specifically otherwise agreed in writing the hirer shall fill the skip within the period of hire and shall inform the owner in good time of its readiness for collection or replacement.
The owner shall ensure that the skip is clearly and indelibly marked with his name and telephone number or address.
The owner will remove or reposition if required at any time to do so by a Highway Authority or a constable in uniform under Section 32 of the Highways Act 1972.
Except when specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.
In the event of theft or destruction beyond reasonable repair of the skip whilst under control of the hirer, the hirer will be liable to cover the full replacement value of that skip.
The hirer shall be liable for any costs incurred to replace any lights or cones subject to theft or damage.
Except when specifically otherwise agreed in writing by the owner the hire period is 21 days.