1.
Customers warrant with respect to each container
ordered to be placed other than on private
property -
(a) that the permission of the Highway Authority
has been duly obtained under section 139-Highways
Act 1980 (Skip Permit Obtained.
(b) that the said permission will be kept in
force by the extension or renewal as necessary
until either the container is removed or until
the expiry of three working days after the
notice is given for us to remove the container.
(c) that they will ensure the observations
and performance at all timesof all the conditions
subject to which the aforesaid, permission
is granted and in particular will ENSURE THAT
THE CONTAINER IS PROPERLT LIGHT THROUGHT THE
HOURS OF DARKNESS.
(d) that they will not remove the container
from the place where it is deposited without
first obtaining both written permissoin of
the HIghway Authority and Calder Valley Skip
Hire Ltd.
(e) that they will ensure that at the time
of collection there is a clear space at the
end of the container or not less that thirty
feet to enable the vehicle necessary access
to effect the container and removal.
2. The customer futher warrants as a term of
his / her contract that he / she or a responsible
officer of his / her firm or company organisation
has read or had explained to him / her and
fully understands all the conditions subject
to which the Highways Authority's permission
has been granted.
3. Unless specifically otherwise agreed in
writing customers shall themselves provide
three marker cones by day and three cones plus
six yellow lights on the container during the
hours of darkness as requested by the Highways
Act 1980 if the same is placed on the Public
Highway (Including grass verges and footpaths
or pavements) or anywhere else damage to property
or injury to third parties is reasonably foreseeable.
4. The Customer Warrants -
(a) that the waste materials to be placed
in the container falls within the meaning of
" prescribed cases" under Section 3 of the
Control of Pollution Act 1974 (hereinafter
reffered to as the 1974 Act) and regulation
4 of the Control of Pollution (Licensing of
Waste Disposal) Regulations 1976 (hereinafter
reffered 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 containerdoes not come within
the definition of "Special Waste" contained
in the Control of Pollution (Special Waste)
Regulations 1980.
(d)
All activites undertaken by the customer which may be subject to regulation under
the Duty of Care (section 34) of the Environmental
Act (1990) are fully compliant with the legislation
and do not detrimentallyaffetc the compliance
of Calder Valley Skip Hire Ltd with the said
legislation.
5. Customers requestong or ordering vehicles
delivering or collection containers to leave
the road shall reimburse Calder Valley Skip
Hire Ltd in full in respect of any loss, costs,
claims, damages or expenses we may thearby
sustain whether it is a result of damage to
the vehicle or to the container or to the preoprty
of the customer or third part including damage
to the road margins and pavements.
6. Cutomers shall re-imburse Calder Valley
Skip Hire Ltd in respect of any loss or damage
to the containers whilst on hireto themfrom
whatsoever cause the same may arise (fair ware
and tear excepted). The Customer shall also
fully indemnify Calder Valley Skip Hire Ltd
in respect of any claim for injuries to persons
or proprty arising out of the use of the containers
whilst on hire to them howsoever the same may
be caused or arise , and in particular customers
undertake -
(a) NOT TO LIGHT FIRES in the containersnor
to burn anything therein.
(b) not to place any corrosive acid or noxious
substance nor liquid cement or concrete int
the container.
(c) to ensure that the container is not filled
above the level of the sides thereof.
(d) to pay all the extra expense and costs
including possibly a new container which may
result fromthe non-observance of the above.
Overloaded Skips will not be removed until
excess has been reloaded at the customers liability.
7. One clear working days notice is required
to terminate the hiring of the container. Customers
undertake to fill the containers within the
period of the license granted under the HIghway's
Act and to give Calder Valley Skip Hire Ltd
such notice of its readiness for collection.
8. The cutomers must ensure the safe loading
of materials into containers. Ownership of
the contents of any containers shall pass to
CalderValley Skip Hire Ltd upon collection
unless otherwise agreed in writing.
9. In the event of the HIghway Authority or
the Police exercsing their powers to, or to
cause us to light move or remove the container
during the period of hire the customer acknowledges
that he / she is responsible for the costs
thereby incurred.
10. Calder Valley Skip Hire Ltd shall not be
liable for any damage caused by customer's
land, including his or her driveway, in either
of the following circumstances.
(a) Where a skip is overloaded.
(b) Where, in any event the driveway surface
is insufficent to support a skip. Customers
should be aware that a tramac surface less
tha * millimetres in thickness, may not support
a skip, loaded or unloaded, and that damage
to the driveway may be caused as a result.
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