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ARTHUR’S SKIPS LIMITED

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SKIP HIRE TERMS AND CONDITIONS (CONSUMERS AND BUSINESSES)

These terms and conditions shall apply if you have requested (via our website or by telephone) skip hire services (hereinafter the “Services”) from us.

  1. INTRODUCTION
    • We are Arthur’s Skips Limited a company registered in England and Wales under company number: 04239397 (“we”, “us”, “our”). Our registered office is at: The Old Gas Works, Parkwood Road, Sheffield, England, S3 8AG. Our VAT number is: [694760783].
    • These terms and conditions set out: your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
    • In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    • Provisions specific to consumers only or businesses only are clearly marked as such.
    • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
    • If you have any questions about these terms and conditions, or any Services you have ordered, please contact us by:
    • IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO AFFECT OR OTHERWISE RESTRICT YOUR LEGAL RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015. YOU MAY ALSO HAVE OTHER RIGHTS IN LAW AVAILABLE TO YOU SHOULD WE FAIL TO CONFORM WITH THE CONTRACT.
  2. Your privacy and personal information
    • Our Privacy Policy is available at https://www.arthursskips.co.uk/privacy-policy/
    • Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
  3. PROHIBITED WASTE
    • There are a number of rules and regulations (including, for example, the Waste Electrical and Electronic Equipment (WEEE) Regulations (2013) and the Hazardous Waste (England and Wales) Regulations (2005)) which determine which items can and cannot be placed into a skip.
    • Before placing an order for Services, please refer to our https://www.arthursskips.co.uk to determine whether the items you wish to put in the skip is allowed. Do not place an order for Services without first contacting us if you have any concerns with respect to the items you wish to dispose of as there may be a more suitable, alternative solution that we can offer to you.
    • The items that cannot be put into a skip can often be picked up separately via other collections (which we may be able to assist with as part of our Services). Please contact us using the contact details set out in clause 1 to discuss the options available.
    • You will be responsible to us for any costs, damages and any other losses suffered by us (and will reimburse us fully on demand for any such costs, damages and/or losses) as a result of your failure to comply with the legal rules and regulations concerning the disposal of certain waste (including, for example, any penalties issued by the Environmental Agency).
  4. HOW TO PLACE AN ORDER
    • You can order Services either by:
    • Please ensure that your order for Services is correct before submitting it to us (e.g. check that you have given us the correct date on which you would like us to deliver the skip to you). Please also ensure that you have indicated correctly as to what type of waste you will be placing in the skip and that you have carefully considered whether the items you intend on placing in the skip are appropriate (we reserve the right to charge for the time spent removing unapproved items).
    • If you are under the age of 18 you may not place an order for Services.
    • By submitting an order for Services to us, you agree to be legally bound by these terms and conditions together with any extra terms issued by us in writing which may add to, or replace some of, these terms and conditions.
  5. ACKNOWLEDGEMENT AND CONFIRMATION
    • When you place your order either online or over the phone, we will provide you with a booking reference number and acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted by us.
    • We will let you know if we are unable accept your order. This is typically for the following reasons:
      • we cannot carry out the Services (this may be because, for example, we do not make deliveries to your area);
      • we cannot authorise your payment;
      • you are not allowed to buy the Services from us;
      • we are not allowed to sell the Services to you;
      • there has been a mistake on the pricing or description of the Services.
    • We will only accept your order for Services when we email you to confirm it (“Confirmation Email”). At this point:
      • a legally binding contract (incorporating these terms and conditions and the documentation referred to in clause 4.4) will be in place between you and us; and
      • we will provide the Services as agreed during the online checkout process.
  1. PRICE AND Payment
    • The price of the Services (which includes VAT at the applicable rate) will be the price indicated on our Confirmation Email. We take all reasonable care to ensure that the price of the Services advised to you are correct.
    • You must pay for the Services before we provide them.
    • We accept the following credit cards and debit cards: [

 

  • You may also be liable to pay to us additional costs and expenses in the event clause 2 applies.
  • We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 2) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  • If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • If your payment is not received by us in accordance with clause 5, we may charge interest on any balance outstanding at the prescribed statutory rate of interest from time to time in force.
  1. RIGHT TO cancel for consumers
    • If you are a consumer, you have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the Services during the cancellation period and the Services are fully performed (i.e. the work is completed) during this period.
    • The cancellation period will expire after 14 days from the day of the conclusion of the contract.
    • To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page, or by completing the model cancellation form at the foot of these terms.
    • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    • We will not start providing the Services during the 14-day cancellation period unless you ask us to. When you place an order for Services, you will be given an option to select a date by which you want the skip to be delivered by. By selecting a date within the 14-day cancellation period, you acknowledge that you will lose your right to cancel this contract once the skip has been delivered within this time and you have started using the skip – to the extent that you do this, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
    • This does not affect your statutory rights.
  2. OTHER RIGHTS TO END THE CONTRACT
    • Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.
    • If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
  3. Effects of cancellation
    • If you are a consumer and cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the Services during the cancellation period, in which case you must pay us:
      • for the Services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the Services performed up to that point in comparison with the full price under this contract; or
      • the full price under this contract, if you lost your right to cancel this contract because the Services were fully performed (i.e. the work was completed) during the cancellation period.
    • We will make the reimbursement without undue delay, and whilst we aim to make reimbursement within 72 hours after the day on which we are informed about your decision to cancel this contract, we will make reimbursement not later than 14 days after the day on which we are informed about your decision to cancel this contract.
    • We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  4. QUALITY OF SERVICE
    • We will carry out the Services as set out in our Confirmation Email (see clause 3).
    • Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the Services as soon as those events have been fixed. We shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of our obligations under these terms (including the Services) if such delay or failure result from events, circumstances or causes beyond our reasonable control.
    • The Services that we provide to you must be carried out with reasonable care and skill and we are also under a legal duty to supply you with Services that are in conformity with this contract. For more detailed information on your rights if you are a consumer, please contact us using the contact details at the top of this page or visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
    • If there is an issue with the Services, please contact us using the contact details at the top of this page as soon as possible.
  5. SKIP delivery
    • During the checkout process, you will be given available delivery dates to choose from. The estimated date and time window for delivery of a skip will be as set out in our Confirmation Delivery will take place at the address specified by you when you placed your order with us.
    • If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
    • If nobody is available to take delivery of the skip, please contact us immediately using the contact details at the top of this page.
    • We cannot deliver the skip to you if we are unable to properly identify you. Please provide our driver with a form of ID (passport or photocard driving licence).
    • If we are prevented or delayed by anything you have done (or failed to do) (e.g. by not providing us with appropriate access to your property), then we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform the Services and we will also be entitled to recover from you any costs or losses sustained by us arising directly or indirectly from what you have done or failed to do (as the case may be).
    • You agree that you will not:
      • place any items in the skip that are required to be disposed of separately (including, for example, those items referred to in clause 3);
      • place any items in the skip that are poisonous, explosive or are polluted;
      • use the skip for any other purposes for which it is designed;
      • overload or improperly load the skip;
      • burn or allowed to be burned any matter in the skip;
      • place any markings on the skip;
      • damage the skip; and/or
      • move the skip yourself or reposition the skip.
    • You are responsible for the skip once it has been delivered to the address specified by you when you placed your order with us. In other words, the risk in the skip passes to you when you take, or a third party notified by you takes, possession of the skip. You agree to reimburse us in full on demand for any loss or damage to the skip that occurs during the hire period.
    • You are solely responsible for ensuring the area the skip will be placed is suitable and appropriate for the placing of a skip. We will in no way be liable to you for any loss or damage arising out of or in connection with anything that you do or fail to do in respect of your use of the skip. If the skip damages your property as a result of you choosing to have it placed somewhere which is unsuitable to support such a load, or your failure to follow our instructions (i.e. you overload the skip), we will in no way be liable to you for any costs or expenses you incur as a consequence of this.
  6. SKIP Collection
    • Skip hire is for a maximum of 7 calendar days from the date of completion of delivery. Unless you and we expressly agree otherwise, we will arrange to collect the skip from the address to which we delivered it on the 7th calendar day after completion of delivery.
    • We will be entitled to recover, on demand, our costs and expenses that we incur if we discover or are otherwise notified by a third party that you have failed to comply with clause 6.
    • We will not be responsible for any property (including personal effects) deposited by you and we will not in any way be liable for any loss or damage to such property nor will we in any way be bound to return any waste to you.
  7. Limitation on our liability IF YOU ARE A CONSUMER

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

  • losses that were not foreseeable to you and us when the contract was formed;
  • losses that were not caused by any breach on our part; or
  • business losses.
  1. LIMITATION ON OUR LIABILITY IF YOU ARE A business
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to clause 1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, any loss of use or corruption of software, data or information, or loss of or damage to goodwill, or any indirect or consequential loss arising under or in connection with any contract between us; and

 

  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the sums paid or payable under these terms in relation to the Services.
  1. Assignement

We may transfer our rights and obligations under these terms to another organisation. you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  1. WAIVER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

  1. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

  1. Disputes
    • We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
    • If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (abbreviated as “ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court.
    • If you do not wish to use ADR you can still bring court proceedings.
  2. law and jurisdiction
    • These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

 

DISCLAIMER

 

I/We (the below named customer) acknowledge and accept that I/we are solely responsible for ensuring that any skip delivered to me/us by Arthur’s Skips Limited (the Company) is placed in an area that is suitable and appropriate for the placing of a skip and its contents. I/We accept that the Company will in no way be liable to me/us for any loss or damage arising out of or in connection with anything that I/we do or fail to do in respect of my/our use of the skip. If the skip damages my/our property as a result of me/us choosing to have it placed somewhere which is unsuitable to support such a load, or my/our failure to follow the Company’s instructions (i.e. by overloading the skip), I/we acknowledge and accept that the Company will in no way be liable to us for any costs or expenses we incur as a consequence of this.

Terms of Sale & Transfer of Waste (inc code of conduct)

  1. All skips to be paid for on delivery unless otherwise arranged.
  2. Deliveries are made to the nearest point on the public road. No responsibility can be accepted for any damage if the driver is requested to leave the public road.
  3. All skips are left at the customers responsibility.
  4. All skips are to be filled to level only extra charges may be made if above the level.

No fridges, freezers, roof sheets with Insulation Foam. Tyres, asbestos, plasterboard and Gipson bearing waste chemicals or hazardous waste can be accepted at any time (unless otherwise agreed in specific communication with AWM).
Skips concerning this type of waste will not be removed from your site, until all such substances have been removed. Our Drivers are trained to check for these waste items, and will give the producer of the waste chance to remove it.
Any of the above-mentioned waste which are not authorised to be deposited in the skip or site discovered when the skip container or Lorry is loaded at the transfer station or at the disposal site or on subsequent inspection then any or all of the following actions will be taken:

  1. A record will be made of the unacceptable waste including its description approximate quantity and size.
  2. Record will be made of any other waste has been contaminated.
  3. A record will be made of the total quantity of waste that requires immediate segregation removal and disposal.
  4. Arthurs Skips will inform the waste producer/ transporter who brought the waste.
  5. Arthurs skips will inform the environmental agency as soon as it is practicable to do so for me.
  6. If any enforcement action taken by the agency against the wrong load being brought or delivered to the site against Arthurs Skips Ltd will result in civil action against the transporter or producer to claim all the expenses associated with the agencies actions.
  7. The producer or transporter will be given the option to collect it from the site within a specified time on it.
  8. The producer or transporter will be required to make the payment before the waste is collected from the site.
  9. The charges will reflect the administration charges in dealing with the matter. The storage charge for the waste. The minimum charge will be £100 plus VAT for non-hazardous waste. In case of hazardous waste or special waste the minimum charge will be £250 plus Vat.
  10. If the waste is not collected within the specified period then the waste will be taken back to the site from where it was collected and deposited on the land occupied by the producer of the waste.
  11. By signing this document or agreeing online to the terms of sale, hire, transfer, the occupier of the property is giving his or her consent to the return of any unacceptable waste collected and deposited on the land occupied by the producer of the waste.
  12. By signing this document the occupier of the property is giving his or her consent to the return of any unacceptable waste found in the skip to which this note refers.
  13. The charge will be made against the occupier of the land or producer of the waste of the additional administration storage transport of the waste.
  14. Any reminders sent will be charged an additional £10.

All skips are left for a maximum of 14 days from delivery unless otherwise agreed.
All agreed waste of all goods deposited at the site will become the property of Arthurs Skips Ltd after the transfer has been accepted.
All unacceptable waste as described above collected by Arthurs Skips Ltd will remain the property and responsibility of you, the waste producer.
All unacceptable waste as described above brought by any other transporter or waste company will remain the property and responsibility of them the waste transporter.

EXTRACT FROM THE DUTY OR CARE – CODE OF PRACTICE

C1. The environmental protection duty of care regulations 1991 made under section 34, (5) of the Act require all those subjects of the duty to make records of waste that receive and consign, keep the records and make them available to waste regulations authorities.
C2. The regulations also require the parties to complete sign and keep a transfer note. The transfer note contains information about the waste and about the parties to the transfer.
C3. While all transfers of waste must be documented nothing in the regulations required each individual transfer to be separately documented. In the case for example, where weekly or daily collections of waste from outside shops or commercial premises, or the removal of a large heap of waste by multiple lorry trips, this would be unrealistic because of the number of individual loads and the absence of any necessary contact between the parties to one such transfer.
It would be reasonable for a single transfer note to cover multiple consignments of waste transferred at the same time or over a period not exceeding one year, provided that the description and all of the details on the transfer note (who and what the parties are) the same for all consignments covered by the note. A single transfer note could not cover a series of transfers between different holders no transfers of wastes of different descriptions.
C4. The regulations require these records both the descriptions and the transfer notes to be kept for at least two years, holders must provide copies of these records if requested by the waste regulations authority.
C5. One purpose of documentation is to create an information source of use to other holders. It is open to holders to ask each other for details from records, especially to check what happened to waste after it was consigned. A holder might draw conclusions and the work the waste regulator authority to any suspected breach of the duty if such a request was refused.

Signed on behalf of AWM – Arthurs Skips Limited

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