Terms Of Hire
YOU THE CUSTOMER MUST ENSURE THAT YOU ARE PROPERLY COVERED BY INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS CONTRACT.
- 'Owner' Simpson Skip Hire
- 'Customer' is the company, firm, person, corporation or public authority taking the Owner's container on hire and includes their successors or personal representatives.
- 'Site'means the address of the Customer or such other place specified by the Customer and agreed by the Owner at the time of hire.
- A 'week'shall be seven consecutive days.
- A 'month'shall be one calendar month.
- The 'hire period'means the period from when the container is delivered to the Site to when the container is collected from the Site which shall not exceed 7 days.
2. EXTENT OF CONTRACT
No terms other than those expressly contained herein shall apply to or form part of the contract. If the customer is not hiring as a consumer, but as a business there are excluded to the fullest extent permitted by law any implied warranties as to the condition, quality and fitness for purpose of the container.
3. MAXIMUM PERIOD OF CONTRACT (HIRES TO UNINCORPORATED BODIES)
If the Customer is an individual partnership or other unincorporated body and notwithstanding any other term, the contract of hire will terminate not later than three months from the date of its commencement and the Customer shall restore to the Owner on or before the last day of the three month period.
4. CONDITION OF CONTAINER
- The Owner does not warrant that the container supplied shall be fit for the special purpose.
- The Customer shall satisfy himself as to the type and condition of the container supplied at the time of delivery of the container. The Owner is not liable to the Customer if the container supplied is different from the one ordered, as regards its type, condition, capacity or size.
- Unless notice to the contrary is received by the Owner within 24 hours of the supply of the container, the container shall be deemed to be supplied in good order, except for defects which could not have been discovered by reasonable examination.
5. TRANSPORTATION LOADING AND UNLOADING
- The Owner shall be responsible for delivering the container to the Site and for collection of the container from the Site at the end of the hire period.
- Any person supplied by the Customer to supervise in the loading and unloading shall be deemed under the Customer's control who alone shall be responsible for any damage caused to the container as a result of the supervision of such loading and unloading. In particular if the delivery and unloading of the container is directed to be of the public highway, the Customer shall be responsible for damage to property caused during such delivery unloading and during lading and collection.
6. UNAUTHORISED CHANGE OF SITE
The container must not be moved from the Site without the written authority of the Owner
7. UNAUTHORISED RE-HIRING OF CONTAINER
The container shall not be re-hired, sublet, or lent to any third party without the previous written consent of the Owner.
10. NOTIFICATION OF ACCIDENTS
If the container is involved in an accident resulting in damage to the container or to other property or injury to any person, the Owner must be notified immediately.
11. CUSTOMER'S RESPONSIBILITY FOR LOSS OR DAMAGE TO CONTAINER
- During the continuance of the hire period, the Customer shall be liable to the Owner for the cost of all loss of or damage to the container from any cause whatsoever, except for fair wear and tear.
- In the event of loss or damage to the container, hire charges shall continue until such time and date as the Customer pays for the cost in respect of such loss or damage.
12. CUSTOMER TO INDEMNIFY OWNER AGAINST THIRD PARTY CLAIMS
- The Customer shall at all times indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property caused by, or arising out of the use or possession or delivery or collection of the container, in respect of all costs and charges in the connection therewith.
- The Customer shall at all times indemnify the Owner (of its agent or sub-contractor) for any cost, claim, damage, expenses or loss incurred by the Owner for its agent or sub-contractor) where the delivery or collection of the container involves the delivery vehicle (or any part of it) leaving the public highway.
13. CONSEQUENTIAL LOSS ETC.
- The Customer shall not be liable for any consequential loss of damage arising from this contract.
- The date and time of delivery and collection of container are estimates only and the Owner shall not be liable for the consequences of late delivery of or late collection of a container.
- The Owner shall not be liable for any defaults in performance arising out of force majeure or any reason outside its reasonable control.
- Save for liability of death or personal injury caused by the Owner's negligence (which shall be limited) the Owner's liability to the Customer shall not exceed the charges for the hire period.
14. TERMINATION OF HIRE CONTRACT
When the hire is for a fixed period, it shall terminate on the date that period expires. When the time is not for a limited period or when it is continued after the expiry of a fixed period, without any new period being agreed, either party may terminate the hire by giving to the other one working days'notice in writing.
15. AVAILABILITY OF CONTAINER ON COMPLETION OF HIRE
- The Customer shall be responsible for making the container available for collection by vehicle to the Owner's reasonable requirements on completion of the hire in a condition equal to that as at the commencement of hire, fair wear and tear excepted.
- When the container cannot be returned to the Owner on the completion of the hire owing to the loss, destruction, or theft of the container, whether or not due to any fault of the Customer, his agent of employee, the Customer shall pay to the Owner the manufacturer's recommended selling price for that container.
16. PAYMENT OF HIRE CHARGES
- Containers shall be hired by the week or for such alternative period as the Owner may in writing agree.
- All times, including Saturday, Sunday and Public Holidays falling within the hire period are chargeable.
- All the hire charges are payable on demand and unless the Customer has a credit account with the Owner all hire charges must be paid in advance on delivery of the container. If the Customer has a credit account, invoices must be paid by the Customer within 28/30 days of their date.
- If the container is not ready to be collected, or cannot be collected (other than by reason of the Owner's default) on the due date for collection, hire charges shall continue until such time as the container is collected by the Owner, or until payment has been made by the Customer as described in Clause 15(b).
- If payment of a hire charge or other sum due under the contract is not made on its due date for payment the Owner may charge interest at the rat3e of 4% per annum over the base rate from time to time of Lloyds TSB Bank.
17. OWNER'S NAME-PLATES
The Customer shall not remove, deface or cover up any name-plate or identification mark or number on the container, nor shall he put any mark on the container which might indicate or suggest that the container is not the property of the Owner.
18. CUSTOMER NOT TO DISPOSE OF CONTAINERS
- The customer shall not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the container except with the written consent of the Owner.
- The Customer shall protect the container against distress, execution or seizure.
- The Customer shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a result of any failure to observe and perform the terms and conditions of this Clause, except in the case of Government requisition.