Terms and Conditions

1. Introduction

Please read these terms and conditions carefully before agreeing to them they contain important information about your rights and obligations.

If you are unclear or uncertain about anything in these terms and conditions please write to us at The Orange Skip Company. Westminster Industrial Estate, Station Road, North Hykeham, Lincoln, Lincolnshire LN6 3QY or send an email before you enter into any contract with us.

By clicking the “I accept” button at the end of these terms and conditions and by using our website you are agreeing to these terms and conditions and any new terms which we publish on this page. If you do not agree to these terms and conditions then you may not access or otherwise use this site.

If you are a consumer these terms and conditions do not affect your statutory rights.

The information and services provided on this website are intended for use by UK residents and therefore are not applicable to World Wide Web Users logging on from other jurisdictions outside the UK.

2. Definitions

2.1 In these terms and conditions the following words shall have the following meanings (unless the context otherwise requires):

us or we – The Orange Skip Company

You – the person, company, or other organisation hiring the Skips

Conditions – the terms and conditions set out below which form part of and are deemed incorporated into the Contract;

Contract – any contract which incorporates these Conditions and made between us and you in relation to the Service and/or the hiring of skips

Delivery Date – the date that the Equipment is delivered by us as stated on the Order Form;

Equipment – the Skip specified in the Order Form;

Order Form – the order form submitted by you and accepted or amended by us;

Rental Period – the period stated on the Order Form commencing on the Delivery Date and expiring on the collection of the skip by us;

Service – means the supply of a skip or skips by us, our employees, agents or sub-contractors for the Rental Period to facilitate the removal of waste on your behalf and subsequent disposal of the contents of such skip or skips on your behalf;

Site – the place where the skip is deposited at your direction;

Skip – any skip or skips rented by us to you;

Waste – all allowed items of waste as described on our website and as agreed by us to be removed from the Site excluding the following:

substances hazardous to health such as toxic or corrosive materials or liquids including but not limited to fibrous asbestos, solvents, minerals or greases

any liquids of any kind whether contained or not, electrical and electric items (all WEEE waste);

cans, drums or other containers of any kind unless they are empty and crushed: so incapable of carrying any liquid;

medical waste of animal carcasses of any kind or quantity;

tyres, fridges, freezers, cookers;

any other material not listed above however considered unsuitable for containment

2.2 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions and shall apply where the context so permits for our benefit and our employees, agents and sub-contractors as if they had been parties hereto.

3. Nature of our web site

3.1 Our web site is a place for you to select and hire a Skip. Our web site describes the Equipment in more detail.

3.2 Please note that the contents of our web site are aimed at users aged 18 and above, but you must be over 18 years to hire a Skip, using the payment method displayed on our web site.

4. Ordering on our web site

4.1 To order the Equipment you will need to follow the ordering procedures set out on our ordering pages.

4.2 All orders are subject to availability and we reserve the right to refuse to supply you.

4.3 If your order is accepted, we will confirm acceptance to you by online electronic means to the email address you have given us on ordering. The Contract is formed on acceptance by us of your order.

5. Payment

5.1 Details of our prices for the Equipment and the procedures for payment and delivery are displayed on our web site.

5.2 The charges for the hire of the Skips include carriage and delivery. A maximum of 10 minutes attendance by the delivery vehicle at the Site is included. You will have to pay for any further time.

5.3 You must pay by credit or debit card at the time of order. The price of the Equipment is the price in force at the date and time of your order. We may change the prices before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see Clause 4.3).

5.4 You undertake that all details you provide to us for the purpose of purchasing or hiring the Equipment which may be offered by us on our web site will be correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the hire of a Skip. We reserve the right to obtain validation of your credit or debit card details before providing you with any of the Equipment.

6. Delivery

6.1 We will deliver the Equipment to the Site as identified in the Order Form on the Delivery Date. All times or dates quoted for delivery of the Equipment are given in good faith but without any responsibility on our part for failure to supply or for any delay in supplying Skips which may be caused directly or indirectly by any circumstances beyond our control or any unforeseen or abnormal conditions or by any act or neglect on your part. Time of delivery shall not be of the essence of the Contract.

6.2 Risk in the Skip will pass to you on delivery and shall remain with you until the Skip is collected by us at the end of the Rental Period.

6.3 The Skip shall at all times remain our property or the property of our agents or sub-contractors and you shall have no rights, title or interest in the Skip and you shall not do or permit or cause to be done any matter or thing whereby our rights or any third party rights in respect of the Skip are or may be prejudicially affected.

6.4 Except as specifically otherwise agreed in writing we shall be under no obligation to deposit the Skip elsewhere than on a highway.

6.5 Where the driver is directed to deposit or pick up the Skip on or from a site which is not on a highway:

6.5.1 We shall be under no liability whatsoever to you for any damage however caused whilst the vehicle is off the highway;

6.5.2 You shall keep us indemnified against any claim or demand which could not have been made had the driver not been so directed;

6.5.3 You will compensate us for any damage to 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.

7. Cancellation Rights

7.1 If you are a consumer:

7.1.1 If you cancel the skip service certain charges will apply as set out in the Cancellation & Extension section.

8. Use of the Skips on the Site

8.1 You will conform with all statutory enactments and regulations and byelaws and regulations of local or other statutory authorities that apply to the Skip.

8.2 The customer warrants:

a) That the waste material to be placed in the containers falls within the meaning of “prescribed cases” under section 3 of the Control of Pollution Act 1974 (hereinafter ‘referred to as the “1974 Act”) and Regulation 4 of the Control of pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as “the 1976 regulations”) and any subsequent Regulations issued by the Secretary of State for the Environment under the 1974 Act which are in force on the date of the removal of each loaded container; or

b) That the requisite license has been issued under Section 5 of the 1974 Act; AND

c) That the waste material to be removed or disposed of in the container does not come within the definition of “Special Waste” contained in the Control of Pollution (Special Waste) regulations 1980 (for excluded material refer to section 11.9)

d) All activities undertaken by the Customer which may be subject to regulation under the Duty of Care (Section 34) of The Environmental Protection Act (1990) are fully compliant with the legislation and do not detrimentally effect the compliance of The Orange Skip Company with the said legislation.

8.3 Customers requesting or ordering vehicles delivering or collecting skips to leave the road shall reimburse The Orange Skip Company in full in respect of any loss, costs, claims, damages or expenses we may thereby sustain whether it is a result of damage to the vehicle to the skip or to the property of the customer or third party including damage to the road margins and pavements.

8.4 Customers shall reimburse The Orange Skip Company in respect of any loss or damage to the skips whilst on hire to them from whatsoever cause the same may arise (fair wear and tear expected). The Customer shall also fully indemnify The Orange Skip Company respect of any claim for injuries to persons or property arising out of the use of the skips whilst on hire to them howsoever the same maybe caused or arise, and in particular customers undertake:

a) NOT TO LIGHT FIRES in the skip nor to burn anything therein

b) Not to place any corrosive acid or noxious substance nor liquid cement or concrete in the skip

c) to ensure that the skip is not filled above the sides thereof

d) To pay all extra expense and costs including possibly a new container which may result from non-observance of the above.

8.5 You shall ensure that all permissions required, including the permission required under the Highways Act 1980 or any statutory modification or re-enactment thereof, have been or will be obtained, before you instruct the driver to deposit a Skip. You can obtain the necessary permission by requesting a permit upon hire of a Skip. That the said permission will be kept in force by the extension or renewal as necessary until either the skip is removed or until the expiry of there working days’ notice is given for us to remove the container.

8.6 You shall not place or cause to be placed in the Skip anything other than Waste without our prior written consent, if you do place or cause to be placed in the Skip anything other than Waste you shall immediately give the notice required by the Special Waste Regulations 1996 and send copies of such notice to us.

8.7 You shall not:

(i) overload the Skip and not fill it higher than its sides, so that the Skip can be transported safely on the public highway;

(ii) set fire to the contents of the Skip;

(iii) add on or attach to the Skip any painting, sign-writing, lettering or advertising;

(iv) remove, deface or conceal any name plate or mark indicating the owner of the Skip and afford at all times access to the Skip to inspect or repair such name plates or marks;

(v) move the Skip from the Site by any method whatsoever; or

(vi) sell or offer for sale, assign, mortgage, pledge, sub-let or transfer the Skip or the benefit of the Contract either in whole or in part;

(vii) not to place any corrosive acid or noxious substance nor liquid cement or concrete in the skip

(viii) to pay all extra expense and costs including possibly a new container which may result from non-observance of the above.

8.8 You shall ensure:

(i) the Skip is properly sited in accordance with any necessary permissions required given;

(ii) the Skip is properly coned and lighted according to the Highways Act 1980 during the hours of darkness and unsatisfactory visibility; and

(iii) the Skip suffers no damage other than fair wear and tear.

8.9 You must immediately notify us and the police of any loss or theft of a Skip. If a Skip is reported stolen, it must be accompanied with an incident number obtained from the police in order to terminate the hire. You agree to pay all costs incurred in rectifying the condition of the Skip if it is returned damaged.

8.10 Unless specifically otherwise agreed in writing customers shall themselves attach lights on the skip during the hours of darkness as required by the Highways Act 1980 if the same is placed on the Public Highway (including grass verges and footpaths or pavements) or anywhere else where damage to property or injury to third parties is reasonably foreseeable.

8.11 Whilst any of our lights are in your possession during the Rental Period they are your responsibility. If they are stolen you would be charged for replacement lights.

8.12 That they will ensure at the time of the collection there is a clear space at one end of the skip of not less than thirty feet to enable the vehicle necessary access to effect the collection and removal.

9. Indemnity and Insurance

9.1 You shall indemnify us on demand against all costs, charges and expenses suffered by us as a result of or in connection with the presence of the Skip on the Site including injury to person or loss or damage to property howsoever caused and any breach of the Contract by you including making good to us any loss or damage to the Skip howsoever caused whilst it is in your possession.

9.2 You shall be responsible for obtaining insurance cover including third party liability and cover against loss or damage to the Skips. You shall produce on demand to us a copy of the policy or policies. If the Skip is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to us by telephone and confirmed in writing.

10. Limitations of Liability

10.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

10.2 We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis.

10.3 We shall have no liability to you for any:-

10.3.1 consequential losses (including loss of profits, anticipated profits and/or damage to goodwill) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the same;

10.3.2 economic and/or other similar losses;

10.3.3 loss of data arising out of or in connection with the viewing, use or performance of our web site or its contents

10.3.4 special damages and indirect losses; and/or

10.3.5 business interruption, loss of business, contracts and/or opportunity.

10.4 Our total liability to you in respect of any direct loss or damage whether arising in contract, tort or otherwise shall not exceed the price paid for the hire of the Skip under the Contract.

10.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

10.6 Nothing in this Contract shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.

11. Collection and Termination of Hire

11.1 Except as specifically otherwise agreed in writing, you shall fill the Skip within the Rental Period and shall inform us at least one clear working day in advance of its readiness for collection or replacement.

11.2 If you wish to extend the Rental Period you shall inform us at least one clear working day in advance of the collection date otherwise you will be charged an administration fee of £20.00.

11.3 Ownership of the contents of the Skip shall pass to us on collection unless otherwise agreed in writing.

11.4 We shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the Contract for the hire of the Skip and to repossess the Skip.

11.5 You shall allow us access to the Skip at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.

11.6 Two clear working days’ notice is required to terminate the hiring of the skip. Customers undertake to fill the skip within the period of the license granted under the Highways Act and to give The Orange Skip Company notice of its readiness for Collection.

11.7 In event of the Highway authority or the police exercising their powers to or to cause us to, light, move or remove the skip during the period of hire the customer is responsible for all costs thereby incurred.

11.8 The hire cost includes 7 days hire (including the day of delivery) unless otherwise agreed. The Orange Skip Company reserves the right to charge for any extra days and/or collect the skip once the 7 days is up. We are not required to give prior notification of our intention to remove the skip once the 7 days have expired.

11.9 Restricted Material

a) Fridges / Freezers

b) Tyres

c) Paint Cans

d) TV’s / Monitors

e) Asbestos

f) Clinical / Medical Waste

g) Florescent Tubes

h) Solvents

i) Liquids

j) Oil

k) Batteries

l) Plasterboard (max 10% of load)

m) Hazardous / Toxic Material

n) Gas Cylinders

11.10 Surcharges will apply where these items have been deposited without the permission of The Orange Skip Company.

USE OF THE WEBSITE

12. Modifications to web site & Information you Provide

We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale or hire of Equipment and/or the release of new software tools or resources shall be subject to these terms and conditions.

12.1 The following applies to any information you provide to us, for example during any registration or ordering process:

12.1.1 you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the goods and Services which are available through our web site by us or our sub-contractors. If you obtain or choose to buy or hire the Equipment through our web site then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.

12.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy

12.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information. If you would like to review or modify any part of your Personal Information then you should email us.

13. Applicability of Online Materials

13.1 Unless otherwise specified the materials published on our website are presented solely for your private, personal and non-commercial use.

13.2 Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our web site and use of all information contained within it.

13.3 We have used our reasonable endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.

14. Copyright and Monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. We or other third party licensors own these rights. All product and company names and logos mentioned in our web site are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with us or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

15. Linked Sites

We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

16. Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

17. General

17.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

17.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.

17.3 These terms and conditions together with the privacy policy, Order Form (together with any amendments thereto) and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, Order Form and payment method instructions.

17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

17.5 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

17.6 PAYMENT TERMS: If the Customer shall make default in punctual payment on the sums to be paid by him for the hire of the said Skip, or shall fail to observe and perform the terms and conditions of this agreement on his part to be observed and performed or if the Customer shall do or cause to be done or permit or suffer any terms and conditions of this agreement on his part to be observed and performed or if the Customer shall do or cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the said Skip may be prejudiced or put in jeopardy this agreement shall forthwith determine (without notice or other act on the part of the Owner’s and notwithstanding that the Owner’s may have waived some previous default or matter of the same or like nature) and it shall thereupon be lawful for the Owner’s to retake possession of the said Skip and for the purpose to enter into or upon any premises where the same may be and the determination of the hiring under the clause shall not affect the rights of the Owner’s to recover from the Customer any monies due to the Owner’s under this Agreement for damages or breach thereof.

18. Notices

18.1 All notices shall be given:

18.1.1 to us via email; or

18.1.2 to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

19. Severability

If in any provision of these Conditions shall be held to be invalid, unenforceable or shall not apply to the Contract then the remaining provisions shall continue in full force and effect.

20. Jurisdiction

The Contract and these Conditions shall be governed by the laws of England and the Customer agrees to submit to the non-exclusion jurisdiction of the English Courts.

21. Third Party Rights

Unless specifically stated below no-one except the parties to the Contract shall have any rights under these Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.