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Terms & Conditions

Sheehan Haulage & Plant Hire Ltd Terms and Conditions

GENERAL

In these conditions
“Owner”  means:-Sheehan Haulage & Plant Hire Ltd.
“Hirer” means:-Customer.  Individual/Company using the Services of owner.
“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.
“Site” means:-the place where the skip is deposited on the direction of the hirer.

The owner enters into agreements for the hire of skips and disposal of contents or sale of materials upon the following conditions:

  1. The hirer shall ensure that no waste to which Section 3(I) of the Deposit of Poisonous Waste Act 1972 applies including any insulation foam board unless it is accompanied with a Certificate declaring it is free from CFCs, asbestos, toxic waste, refrigeration units, batteries, fluorescent tubes, gas bottles, containers which have any form of hazardous chemicals, oil drums - full or empty, gripfill tubes - full or empty, pesticides, fertilisers or their empty containers, paint tins - full or empty, plasterboard, televisions or tyres will be placed in the skip without written consent of the owner.
  2. The hirer shall ensure that Plasterboard is separated into 1 ton bags or plasterboard only skips and charged additionally.
  3. If any waste to which the said section applies is placed in the skip the hirer shall immediately give the notices required by the said section and send copies of such notices to the owner.

SKIP HIRE

  1. Drivers are instructed not to drive over footpaths, drives, grass verges, etc. and not to lift skips over walls/fences etc. or on to raised embankments.  Should the hirer request the driver to do so and damage is caused to the above no responsibility will be taken by the owner, and should damage be caused to our vehicle we reserve the right to hold the hirer responsible.  Customers are advised to protect paving slabs; manhole covers etc., as boards are not provided by the owner.  The hirer undertakes to direct, at his sole discretion, the driver where to deposit the skip, the said driver being for the purpose of such deposit the agent or the customer. 
  1.  
    1. Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere than on a highway.
    2. 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.
  1. The hirer shall direct the driver where to deposit or pick up the skip.
  2. Where the driver is directed to deposit or pick up the skip on or from a site which is off a highway the owner shall be under no liability whatsoever to the hirer for any damage howsoever caused whilst the vehicle is off the highway other than such as might have been caused by negligent driving on the part of the driver.  Without prejudice to the generality of Condition 4.2 the hirer shall 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 which is not due to any negligent driving on the part of the driver.
  3. The time allowed for depositing or picking up a skip is 15 minutes.  If the vehicle is kept waiting longer than this after the arrival the hirer shall be liable for waiting time at £90 per hour.
  4. The owner reserves the right to charge the hirer for all expenses incurred as a consequence of a cancellation or variation of the whole or significant part of an order and all other resulting loss.
  5. The hirer shall ensure that all permissions required before skips can lawfully be deposited on the site, including the permission required under the Highways Act 1971, have been or will be obtained before he directs the driver to deposit the skip.  The owner can organise permits at an additional cost to the hirer.
  6. The hirer shall not move the skip from the site without the consent of the owner.  The responsibility for the skip remains with the hirer until collected by the owner’s vehicle.  Any skips which are removed whilst in the control of the hirer will be charged at the entire replacement value. 
     
    1. The hirer shall ensure that no waste to which Section 3(I) of the Deposit of Poisonous Waste Act 1972 applies including asbestos, toxic waste, refrigeration units, batteries, fluorescent tubes, gas bottles, containers which have any form of hazardous chemicals, oil drums - full or empty, gripfill tubes - full or empty, pesticides, fertilisers or their empty containers, paint tins - full or empty, plasterboard, televisions or tyres will be placed in the skip without written consent of the owner.
    2. If any waste to which the said section applies should be found in a skip when tipped the hirer will be contacted and asked to collect the items from the recycling centre. If the items are not collected by 3pm on the same day the owner will charge the hirer £75 plus VAT per item in addition to the disposal charge and the Environment Agency informed.
  1.   The hirer shall ensure that from the time the skip is deposited until it is picked up again by the owner:
    1. It is properly sited in accordance with the permission given.
    2. IT IS PROPERLY LIGHTED DURING THE HOURS OF DARKNESS.
    3. No fires are lit in it.  The hirer shall reimburse the owner for any loss or damage caused to the container by fire, accident or mechanical excavators etc., whilst on hire to them.
    4. IT IS FILLED NO HIGHER THAN THE TOP OF ITS SIDES.  10yd and 35yd skips are only to be filled with light materials, filling these with concrete or soil or other dense materials will result in them being too heavy to be legally and safely transported.  The owner reserves the right to decline collection of overloaded skips and any expenses incurred due to overloading (including wasted journeys) will be passed on to the hirer.  EXCESS CHARGES ARE ALWAYS LEVIED IN THE EVENT OF OVERLOADING.
    5. It suffers no damage except fair wear and tear. 
    6. Once placed on site; the skip is not to be moved without prior consent of the owner.  The movement of skips on site could result in the inability to collect the skip.
  1. Notwithstanding the terms of Condition 12 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.
  2. Except as 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.
  3. The owner shall ensure that the skip is clearly and indelibly marked with his name and telephone number or address.
  4. The owner will remove or reposition the skip if required at any time to do so by a highway authority or a constable in uniform under Section 32 of the Highway Act 1971.
  5. Except as specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.
  6. Consumer Credit Act 1974, the period of hire under this contract shall be for such period not exceeding twelve weeks as may be agreed between the customer and the company and in default of agreement, for twelve weeks at the termination whereof the skip will be re-possessed by the company without notice. 
  7. Non account terms: Payment on delivery. Hire charges include up to 7 days rental, thereafter the owner is at liberty to charge £ 10.00 per day rental on the skip, unless otherwise agreed. SKIPS WILL NOT BE REMOVED FROM SITE UNTIL PAYMENT RECEIVED IN FULL
  8. Account Terms: The maximum rental period is 14 days unless by prior agreement with the owner. It is the responsibility of the hirer to request the collection within this time. Failure to do so will result in an unannounced collection and/or rental charges being incurred.

Tipping/Waste Disposal

  1. The owner is registered with the Environment Agency as a waste carrier with a carrier registration number.  In addition all landfill sites and waste transfer stations are correctly licensed or approved.
  2. Customers utilising Sheehan Haulage & Plant Hire Ltd’s landfill or waste transfer centres do so exclusively at their own risk. The owner accepts no responsibility for any injury or damage incurred to persons or vehicles making use of any area of these sites.
  3. Only permitted waste under the waste disposal licences or deemed as non-hazardous in the European Waste Catalogue may be disposed of on the sites. The owner reserves the right to refuse any materials considered unsuitable for these sites upon entry. 
  4. In order to deposit material on our sites, the company/individual must be a registered waste carrier with a carrier registration number. The waste to be deposited on site must be accompanied by a controlled waste transfer note stating the source of the waste, a description of the waste complete with the relevant European Waste Catalogue code, and the particulars of the waste carrier, including carrier registration number in order to comply with the Environmental Protection (Duty of Care) Regulations 1991.

Sale of Materials

  1. Any quotation is an offer which will remain open until written acceptance but may by withdrawn if written acceptance has not been received by Sheehan Haulage & Plant Hire within 30 days from date of quotation.
  2. Additional charges will be:-
    1. If the supplies are required outside normal working hours which are 8am to 5pm Monday to Friday.
    2. If delivery is required in part-load rather than full loads
    3. If for any reason the delivery vehicle is unable to discharge its load within ten minutes of arrival on site howsoever caused.
    4. If the customer makes an alteration in the grade or type of material originally quoted for, or where it becomes necessary to supply from another source.  Any additional costs incurred by Sheehan Haulage & Plant Hire Ltd will be passed on to the customer.
  3. All materials sold are based on the quantity or weight stated on the conveyance note. Sheehan Haulage & Plant Hire Ltd accepts no liability for the load once it has been discharged and received by the onsite signatory/representative.  At the point of delivery, risk in the supplies pass to the consumer.

     

CONTAINER STORAGE

  1. The Provision of the Services
    1. We do not inspect property when it arrives at the Storage Centre and we do not keep any records concerning, or any inventory of, nor do we have any knowledge of its nature, condition or state of repair.
       
  2. Rights of Access
    1. We may allow other persons authorised by you in writing to have access to the Storage Centre and to remove the property.
    2. We will not be liable for loss of or damage to the Property arising from someone being given access or being allowed to remove the Property where we have reasonable grounds to believe that person is entitled or authorised to have access.
    3. The Storage Centre will be open during the designated opening times.  Unless otherwise indicated, the Storage Centre will be closed on bank holidays and public holidays.  We reserve the right to alter the designated opening times at our sole discretion by notice at the Storage Centre.
    4. We reserve the right to exclude you from the Storage Centre if you are, in breach of any of the provisions of the Storage Agreement of these Conditions for so long as such breach remains unredeemed.
    5. We alone will determine in which Unit the Property is to be stored from time to time and we reserve the right to move the Property (or any part of it) within the Storage Centre provided the Storage Area allocated for your Property will not change materially to the extent that we may have permitted you to lock any unit from time to time allocated for your property, we may break into it for the purposes specified in clause 2.6.
    6. We may have access to your unit or move the Property in circumstances outside our control including but without limitation in the event of emergency due to unforeseen events (for example fire, flood or explosion) or if we consider it appropriate and in that event we may temporarily store your Property in any area or areas of the Storage Centre.
       
  3. The Deposit
    1. We will retain the Deposit until termination of the Storage Agreement for whatever reasons, at which time, subject to sub clause 3.2 below, we will refund the Deposit to you (without interest) within 14 days of termination.
    2. We reserve the right to deduct or withhold from the Deposit any sums accruing in respect of repairs or cleaning or the making good of your breach of the Storage Agreement or the Conditions which we consider is required, as a direct or indirect result of the storage of the Property within the Storage Centre, in order to bring the Storage Centre up to substantially the same standard and condition as it was at the Start Date and any sums accruing in respect of removal costs or any arrears of the Total Storage Charge or Late Charges or otherwise.
       
  4. The Total Storage Charge
    1. The Storage Charge will be payable in respect of each Period.
    2. The Total Storage Charge for the first Period will be due and payable on the Start Date and the Total Storage Charge for each Period thereafter will be due and payable on the first day of that Period.
    3. We are entitled to increase the Total Storage Charge  by giving you 28 days prior written notice.  Any such increase will take effect immediately following the expiry of the current Period.  Upon receiving such notice, you are entitled to terminate the Storage Agreement in accordance with clause 7 of these Conditions.
    4. We will be entitled to impose a Late Charge of £5.00 or 10% of the overdue Storage Charge (whichever is greater) for each 28 day period that the Total Storage Charge remains unpaid for 10 days or more having become due and payable.  Such Late Charge will be taken separately.
       
  5. Your obligations
    1. You will not:
      1. allow anything to be done on the Storage Centre, which may be or become a nuisance or disturbance to our employees, agents or our other customers or cause any damage to the Storage Centre.
      2. request us to store any property the possession or storage of which is in breach of the law or which would require us to comply with any statutory duties.
         
  6. Non payment of Charges
    1. If you fail for whatever reason to pay the Total Storage Centre or any Late Charge within 10 days of it becoming due and payable, we may notify you in writing of our intention to remove the Property from the Storage Centre to such alternative storage centres as we may determine at our discretion.
    2. If you fail to pay the Total Storage Charge or any Late Charge within 20 days of the date of a notice given under 6.1 above, we will, at our absolute discretion, be entitled to sell, or in the event that a sale would not be economically justifiable, destroy or otherwise dispose of the Property as we see fit.
    3. The proceeds of any such sales effected pursuant to sub clause 6.2 above may be applied by us to any unpaid Total Storage Charge or Late Charge and to any other costs, charges and expenses incurred in connection with such sale.  You will be entitled to claim the balance (if any)  which remains thereafter.
       
  7. Termination
    1. You or we may terminate the Storage Agreement upon giving 7 days’ notice in writing to the other.
    2. Notwithstanding sub-clause 7.1 above, either you or we may terminate the Storage Agreement by written notice to the other with immediate effect on the occurrence of a breach by either of us of the Storage Agreement or these Conditions.
    3. Any termination of the Storage Agreement by either you or us will be without prejudice to any other remedies either of us may be able to pursue against the other including the remedy that either of us may be able to sue the other in respect of accrued rights under these Conditions.
    4. You will collect  the Property and remove it from the Storage Centre upon termination by you becoming effective or within 3 days of any termination by us becoming effective.  You will leave the Storage Centre in substantially the same standard and condition as it was at the Start date,
    5. If you fail to collect the Property and remove it from the Storage Centre in accordance with sub-clause 7.4 above, we reserve the right to dispose of the Property at your cost.
       
  8. General
    1. These Conditions together with the Storage Agreement overleaf form the entire agreement between you and us and supersede and extinguish all earlier agreements and arrangements of any kind between us.
    2. Any notice given under these Conditions will be in writing and signed by or on behalf of the party giving it and may be served by depositing it at or sending it by facsimile or first class prepaid post to the addresses stated overleaf or if any change of address has been notified to us, at the last address so notified.  Any notice so served by facsimile or post will be deemed to have been received, in the case of facsimile, 12 hours after the time of dispatch and, in the case of first class prepaid post, 48 hours from the time of posting.
    3. We will not be liable in any way for any delay or failure to perform our obligations or any loss, damage or delay incurred by you resulting from circumstances beyond our reasonable control which will include, without limitation, labour disturbance, accident, failure of services, breakdown of plant or machinery, fire or flood.
    4. Each of the provisions of the Storage Agreement and of these Conditions is severable.  If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction.
Sheehan Haulage & Plant Hire
Knightsbridge Farm
Yarnton, Oxford
OX5 1PH
Tel: 01865 379 931
Fax: 01865 841 216
Email: info@sheehancontractors.co.uk