Terms and Conditions - Enviroworx Skip Hire and Waste Management

1. Definitions and Interpretation

1.1 In these terms and conditions, the following expressions have the following meanings:

- "Approved Credit Account": A deferred payment arrangement approved by Enviroworx in writing, allowing the Hirer to make payments up to an agreed limit within an agreed period after Delivery.

- "Cleared Funds": Funds that have been paid into Enviroworx's bank account and have cleared through a cash settlement system, available for use.

- "Conditions": The terms and conditions set out below, form part of and are deemed incorporated into the Contract.

- "Contract": Any contract that incorporates these Conditions and is made between the Hirer and Enviroworx concerning the skip hire and waste management services.

- "Delivery": The point when the Equipment has been left at the location designated by the Hirer.

- "Delivery Date": The date Enviroworx delivers the Equipment to the Hirer.

- "Due Date": The date on which full payment for the hire of the Equipment is due.

- "Equipment": Any skip or skips rented by Enviroworx to the Hirer.

- "Hirer": The individual, company, or organization hiring the skip and waste management services from Enviroworx.

- "Pricing Schedule": The pricing schedule detailing the current charges for hiring the Equipment issued by Enviroworx from time to time.

- "Rental Period": The period commencing on the Delivery Date and expiring on the collection of the Equipment by Enviroworx.

- "Site": The designated location where the Equipment is deposited by Enviroworx's driver, acting as the company's agent, as directed by the Hirer.

- "us" or "we" or "our": Enviroworx, a skip hire and waste management company registered in Edinburgh.

- "Waste": All allowable items of waste agreed upon by Enviroworx to be removed from the Site, excluding materials such as asbestos, gas bottles, batteries, tires, solvents, paints, chemicals, and electrical goods without prior agreement. Additionally, any other material deemed unsuitable for containment.

2. Equipment Hire

The Hirer shall hire the Equipment from Enviroworx for the Rental Period, subject to the terms and conditions of this Contract
3. Basis of Contract

3.1 The Rental Period shall not exceed three months for individual, unincorporated entities, or partnerships with three partners or less, to avoid falling under the Consumer Credit Act 1974. Thus, the hire of the Equipment is not covered by the Consumer Credit Act 1974.

4. Payment

4.1 The prices for hiring the Equipment, including daywork rates for Enviroworx vehicles, are outlined in the Pricing Schedule, available upon request.

4.2 The Hirer must make payment to Enviroworx in cash or Cleared Funds on or prior to Delivery unless the Hirer has an Approved Credit Account.

4.3 If the Hirer has an Approved Credit Account, payment is due no later than 30 days after the date of Enviroworx's invoice, unless otherwise agreed in writing.

5. Failure to Pay

5.1 If the Hirer fails to make full payment to Enviroworx on the Due Date, Enviroworx may:

5.1.1 Suspend or cancel any future orders, deliveries, or collections.

5.1.2 Charge the Hirer interest at the rate set under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998, calculated on a daily basis from the date of Enviroworx's invoice until payment.

5.1.3 Claim fixed sum compensation from the Hirer under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998.

6. Delivery

6.1 Enviroworx will deliver the Equipment to the Site specified by the Hirer on the Delivery Date.

6.2 Time of Delivery is not of the essence.

6.3 Risk in the Equipment passes to the Hirer on Delivery and remains with the Hirer until the Equipment is collected by Enviroworx at the end of the Rental Period.

6.4 Enviroworx is not responsible for any damage caused to the Hirer's property, including driveways, fences, gates, or gateposts during the delivery or collection of the Equipment in private driveways.

6.5 The Equipment shall at all times remain the property of Enviroworx, and the Hirer shall have no rights, title, or interest in the Equipment.

6.6 The Hirer shall not take any action that may prejudicially affect Enviroworx's rights in respect of the Equipment.

6.7 Once the Equipment has been delivered, the Hirer shall not move the Equipment from the exact position to which it was delivered on the Site without prior consent from Enviroworx.

6.8 If delivery of the Equipment takes more than ten minutes, demurrage will be charged at the daywork rate of the vehicle delivering the Equipment.

7. Proper Use of Equipment

7.1 The Hirer shall ensure that:

7.1.1 If the Equipment is placed on a public highway or anywhere else that may cause damage to property or injury to third parties, the Hirer will provide three marker cones during the day and three marker cones, and six red lights during the hours of darkness.

7.1.2 The Waste is loaded safely into the Equipment and the load is level and evenly distributed on both sides of the skip, especially when loading with heavy waste.

7.1.3 All necessary licenses, authorities, or permissions, including a skip permit, have been obtained from the relevant authority in connection with the use of the Equipment, including, if applicable, Local Authority or Police permission to park the Equipment on a public highway.

7.1.4 The Hirer ensures that all site operators are aware of and comply with the proper use of the Equipment.

7.2 The Hirer shall not:

7.2.1 Fill the Equipment higher than the skip top. Overloaded or overweight Equipment will not be uplifted, and the Hirer will be charged for the wasted journey.

7.2.2 Use greedy boards under any circumstance. If greedy boards are used, the Equipment will not be uplifted.

7.2.3 Light fires in the Equipment under any circumstance. The Hirer will be responsible for any damage caused.

7.2.4 Place electrical goods in the Equipment without prior written agreement from Enviroworx. An additional charge per electrical item placed in the Equipment will apply.

7.3 If any unauthorised or illegal waste is placed in the Equipment, Enviroworx has the Hirer's authority to contact the relevant authorities for proper disposal, and the Hirer will be charged accordingly.

7.4 If a Local Authority skip permit obtained by the Hirer expires during the Rental Period and the Equipment is still on a public highway, the Hirer shall be liable for the cost of any fixed penalty levied by the Local Authority.

8. Collection of Skip

8.1 The Hirer shall inform Enviroworx of the off-hire request for the Equipment, indicating the date when the Equipment will be ready for collection.

8.2 Enviroworx will make every effort to schedule the collection of the skip within 3-4 working days after receiving the off-hire request.

8.3 The exact collection date may vary depending on Enviroworx’s operational schedule and availability, but every effort will be made to adhere to the specified timeframe.

8.4 In case of any delay in collection beyond the agreed timeframe due to unforeseen circumstances, Enviroworx will inform the Hirer as soon as possible to make alternative arrangements.

9. Cancellation Policy

9.1 If the Hirer chooses to cancel the hire after the Equipment is en route to, or at, the Site, the total hire charge will still be payable by the Hirer.

10. No Rights of Set-Off

Unless otherwise agreed in writing by Enviroworx, all amounts due by the Hirer under the Contract shall be paid in full without any set-off, counterclaim, deduction, or withholding, except any deduction or withholding of tax as required by law.

11. Termination

11.1 In the event that the Hirer breaches any of these terms and conditions, Enviroworx has the right to uplift the Equipment at any time without prior notice.

11.2 The Hirer has no rights of termination under this Contract.

12. Indemnity

12.1 The Hirer shall indemnify Enviroworx in full in respect of:

12.1.1 All expenses and liabilities incurred by Enviroworx, directly or indirectly, including finance costs, legal costs, and debt collection agency costs, following any breach by the Hirer of their obligations under these Conditions.

12.1.2 All claims for injury to person or property caused by or in connection with or arising out of the use of the Equipment.

12.1.3 All damages, claims, charges, penalties, and demands in connection with the use of the Equipment.

12.1.4 Any loss, costs, claims, damages, or expenses incurred by Enviroworx if the Hirer instructs the vehicle delivering or uplifting the Equipment to leave the public highway, resulting in personal injury, damage to the vehicle, damage to the Hirer's property, or damage to third parties property.

13. Assignation

13.1 The Hirer shall not assign the benefit of, or any of their rights under, the Contract.

13.2 Enviroworx may assign (in whole or in part) the benefit of the Contract to any third party.

14. Notices

14.1 Any notice, demand, or communication related to the Contract shall be given to Enviroworx via email at [email address] or to the Hirer via the email or postal address provided to Enviroworx during the ordering process.

14.2 Notice will be deemed to have been given when an email is received in full (or on the next Business Day if received on a weekend or public holiday) or three Days after the date of posting.

15. Entire Agreement

15.1 The Contract constitutes the entire agreement between the parties and supersedes any previous agreements or arrangements relating to the subject matter.

15.2 The only remedy available to each party for breach of the Contract is for breach of contract, and neither party shall have the right to rescind the Contract for negligent or innocent misrepresentation or otherwise.

15.3 Nothing in this clause shall limit or restrict any liability of the parties arising as a result of fraud or fraudulent misrepresentation.

16. Rights of Third Parties

The parties do not intend any terms of the Contract to be enforceable as third-party rights by any person not a party to it.

17. Governing Law and Jurisdiction

17.1 The Contract, including non-contractual disputes or claims, shall be governed by the laws of Scotland.

17.2 The courts of Scotland shall have exclusive jurisdiction to settle any disputes (including non-contractual disputes or claims) arising out of or in connection with the Contract. The parties irrevocably submit to that jurisdiction.

Conditions of Skip Hire

  1. Statutory Permits: The Hirer is responsible for obtaining any statutory permits or approvals required.

  2. Equipment Damage or Loss: The Hirer is responsible for any damage or loss of the owner's equipment whilst on hire.

  3. Safety Requirements: The Hirer shall ensure skips are adequately protected and suitable lights are provided during all hours of darkness to comply with Police and Local Authority requirements.

  4. Safekeeping and Cleanliness: The Hirer is responsible for the safekeeping of skip contents, cleaning up debris, and damping down contents to prevent dust nuisance.

  5. Prohibited Items: The skip shall not be used for the deposit of special or clinical waste, noxious, explosive, dangerous, or offensive matter, batteries, tires, paint, and oil. Asbestos waste is strictly prohibited.

  6. Liability Indemnification: The Hirer shall indemnify the owner against any liability, loss, claims, or proceedings arising from personal injury, death, or property damage.

  7. Overloading: The Hirer is responsible for ensuring skips are not overloaded. Overloaded skips incur direct labour and additional skip-hire costs.

  8. Delivery Terms: Deliveries to the nearest kerbside at the customer's site; placement in driveways upon request. Enviroworx Ltd not responsible for driveway or property damage.

Non-Recyclable Material

Maximum 20% accepted in each skip. Items include:

  • Televisions and monitors

  • Carpets

  • Underlay

  • Mattresses

  • Sofas

  • Textiles

  • Gym equipment

  • Oil cans and containers

  • Food waste

  • Roof felt

Surcharge

  • A surcharge of £180+VAT per tonne will be applied if these terms are breached.