This is a notice to you, the Hirer, that by placing an order for services or accepting delivery of a hire item, you agree to the full terms and conditions of use, which can also always be found here on our website: www.recmat.co.uk.
1. DELIVERY LOCATIONS
It is the responsibility of the Hirer to ensure that all delivery points are suitable for the weight and size of the delivery vehicle and hire item. Please note that where vehicles are required to deliver to a site that is off the public highway to, for example a car park, the hirer shall direct the vehicle to do so, solely at their own risk.
You agreed that RecMat Ltd shall be fully indemnified by the hirer, against claims of damage from the hirer or third parties, where any groundworks or surface are damaged in the course of delivering to a point specified by the hirer or their representative.
2. PERMITS AND PERMISSIONS
You warrant that all permissions required before the skip or any other hire item ‘Hire Item(s)’ can lawfully be deposited on the Hirer’s site, including any permission required under the Highways Act 1971, have been obtained, before you request us, or direct our driver, to deposit the Hire Item(s) on your site, and that the said permission(s) will remain in force during the period of hire and, where necessary, for up to 3 working days thereafter. You shall ensure that all
Hire Item(s) situated on the highway will be lighted and coned in accordance with the terms and conditions of the Highways Act 1971 and the issuing local authority’s requirements.
3. ACCEPTANCE OF DELIVERY
You shall ensure that an authorised person is present at the time of delivery to sign the acknowledgement receipt of delivery and collection of the Hire item(s) and that such authority is signed on delivery or collection by such authorised person and not otherwise, and you agree that any delivery or collection note signed by a person with apparent authority to do so shall be deemed to be signed by your authorised representative.
4. CHANGES TO DELIVERY
You shall ensure that you notify RecMat Ltd, of any cancellation, change of delivery, collection or other service, 24 hours in advance of the planned date/time. Where changes are not notified in advance a cancellation charge of up to the value of haulage may be applied.
5. WAITING TIME
The hirer shall enable RecMat Ltd, to carry out the delivery, collection or other services at the agreed date and time without excessive waiting times. Where delays exceed agreed times additional charges will be applied at the rate of £2 a minute.
6. INDEMNITY
You shall hold us harmless and keep us fully and effectually indemnified against any claim, demand or penalty arising during the period of hire and which could not have been made had we not agreed to provide the hire service including, but not limited thereto, all third-party claims and claims for damages arising out of accidents related to the Hire item(s).
7. MOVEMENT OF HIRE ITEMS
You shall not move the Hire item(s) from where it/they were placed without our consent whether it be on-site or removed off site.
8. WASTE TYPE
Where the waste type does not confirm to the description, as specified on the waste transfer note, or is different to that as specified at the time of the Hire item(s) was ordered, then charges will vary accordingly.
9. PROHIBITED ITEMS
You must not place any liquids, explosives, toxic, or dangerous materials (including, but not limited to asbestos, solvents, minerals or greases), corrosive acid, noxious substances, liquid cement or concrete, fridges, freezers, vehicle tyres, car/commercial vehicle batteries or any hazardous waste type in the Hire item(s).
[The contents of the Hire item(s) when loaded must conform to the requirements of S.I.1980/1709 or any re-enactment thereof and the local waste regulation authority with regard omits suitability for disposal as general or special waste as a controlled waste disposal site].
If any prohibited items are placed in any Hire item(s) you will immediately notify us.
10. MAXIMUM CAPACITY
The Hirer must not fill the Hire Item(s) above the permitted level shown on the hire item, or above the permitted road weight of a vehicle. Where a hire item or vehicle is filled above the permissible level, the hirer shall be responsible for removing excess material.
11. LIQUIDS
No Cans, bottles or other liquid containers are placed in the Hire Item(s) unless they are dry, free from liquid, residues and open for inspection.
12. NON-COMPLIANT WASTE
You agree to pay us all reasonable charges for dealing with any of the contents of any Hire Items(s) which do not comply with the terms of this contract.
13. SITE SAFETY
The hirer is responsible for making sure that the Hire Items(s) is properly coned where necessary during the hours of daylight and coned and lighted during the hours of darkness.
14. FIRE
The hirer shall ensure that no fires are lit in the Hire Item(s) and that they are sufficiently protected from malicious acts such as arson.
15. DAMAGE
You will reimburse us for all of our costs should the Hire Item(s) be damaged by fire, vandalism or otherwise, including total loss or theft from your site.
16. REMOVAL OF HIRE ITEMS
No removal of the Hire Item(s) shall take place by you or a third-party contractor without our prior consent.
17. LIMITATION OF LIABILITY
You agree that any compensation and/ or damages payment due to you by us in respect of any claim or claims arising out of, or in connection with, these terms and conditions for any reason whatsoever and howsoever arising, shall be limited to cost of the hire, and in any event shall not be more than £1000.
Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential or incidental compensation whatsoever (and whether caused by our negligence or
any other party entitled to the benefit of this contract, their employees, or agents, or otherwise) which arise out of, or in connection with the hire service, except as expressly provided in these conditions.
18. PAYMENT
Terms of payment will be agreed upon before the delivery of your Hire Item or service. You undertake to ensure payment is made per this agreement. RecMat Ltd, does not accept cash payment for any services rendered.
19. DIVISIBILITY CLAUSE
Where services rendered extend over more than one invoicing period, each invoice raised shall be deemed to be a separate contract and the hirer shall pay in full the amount payable under the invoice raised, notwithstanding any rights which the hirer may claim in respect of any other services under any other contract between the hirer and RecMat Ltd.
20. SEVERABILITY CLAUSE
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted.
Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.