B&K conditione of hire

B&K ENVIRONMENTAL SERVICES LIMITED

TERMS AND CONDITIONS OF HIRE

YOU, THE CUSTOMER, MUST ENSURE THAT YOU ARE PROPERLY COVERED BY INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS CONTRACT.

1. DEFINITIONS
   1. Owner is B&K Environmental Services Limited.
   2. Customer is the company, firm, person, corporation or public authority taking the Owner's containers on hire and includes their successors or personal representatives.
   3. Site means the address of the Customer or such other place specified by the Customer and agreed to by the Owner at the time of the hire.
   4. A week shall be seven consecutive days.
   5. A month shall be one calendar month.
   6. The hire period means the period from when the container is delivered to the Site to when the container is collected from the Site which shall not exceed 7 days.
2. EXTENT OF CONTRACT

No terms other than those expressly contained herein shall apply to or form part of the contract. l the customer is not hiring as a consumer, but as a business there are excluded to the fullest extent permitted by law any implied warranties as to the condition, quality and fitness or purpose of the container.

3.  MAXIMUM PERIOD OF CONTRACT (HIRES TO UNINCORPORATED BODIES)

If the Customer is an individual, partnership or other unincorporated body and notwithstanding any other term, the contract of hire will terminate not later than three months from the date of its commencement and the Customer shall restore the container to the Owner on or before the last day of the three month period.

4. CONDITION OF CONTAINER
   1. The Owner does not warrant hat the container supplied shall be ft for any special purpose.
   2. The Customer shall satisfy himself as to the type and condition of the container supplied at the time of delivery of the container. The Owner is not liable to the Customer if the container supplied is different from the one ordered, as regards its type, condition, capacity or size.
   3. Unless notice to the contrary is received by the Owner within 24 hours of the supply of container, the container shall be deemed to be supplied in good order, except for defects which could not have been discovered by reasonable examination.

5.  TRANSPORTATION LOADING AND UNLOADING

1. The Owner shall be responsible for delivering the container to the Site and for collection of the container from the Site at the end of the hire period.
2. Any person supplied by the Customer to supervise in the loading and unloading shall be deemed to be under the Customer's control who alone shall be responsible for any damage caused to the container as a result of the supervision of such loading and unloading. In particular if the delivery and unloading of the container is directed to be off the pubic highway, the Customer shall be responsible for damage to property caused during such delivery unloading and during loading and collection

6.  UNAUTHORISED CHANGE OF SITE

The container must not be moved from the Ste without the written authority of the Owner.

7. UNAUTHORISED RE-HIRING OF CONTAINER

The container shall not be re-hired, sublet, or lent to any third party without the previous written consent of Owner.

8.  MAINTENANCE, OPERATION AND USE OF CONTAINER
   1. The Customer shall at all times keep himself acquainted with the stale and condition of the container and ensure that it remains safe and serviceable.
   2. The Customer shall not use or permit the use of the container tor any purpose other than as a waste.
   3. The Customer undertakes to use or permit the use of the container only in accordance with any relevant operating and safely instructions that may be supplied with it.
   4. The Customer shall not make any alterations or modifications to the container.
   5. The Customer acknowledges that the Customer, his agent, or employee has been instructed in the safe use and operation of the container supplied and undertakes to ensure that any other user of the container will also be accordingly instructed.
   6. The Customer warrants to the Owner that (unless the Owner has agreed to obtain the same) he has obtained all consents, licenses, permissions, authorisations and the like which are required for the use and siting of the container. In particular, where the container is to be sited on a pubic highway or path, the Customer warrants that the Highway Authority has given to the Customer permission to site the container where the container will be directed to be delivered. The Customer shall comply with all conditions and instructions provided by the Highway Authority in connection with any permission granted.
   7. The Customer shall provide and maintain for the hire period adequate warning lights (and/or cones as may be relevant) on containers left on or near the pubic highway or any other place where damage or injury to third parties could be caused at night.
   8. The Customer shall ensure that the container is not left in a dangerous condition as regards the nature of and the condition of loading of the materials put into the container. The Customer shall ensure that the container is not overloaded, or unevenly loaded with heavy or bulky materials on the top.
   9. The Customer shall not permit dangerous, corrosive, harmful, poisonous or toxic substances or any other contaminated material: gas cylinders; or tyres to be put into the container.
   10. The Owner may refuse to collect the container if the Customer is in breach of paragraphs (h) or (i) above and for this purpose the hire period shall continue until those breaches have been remedied.
   11. The Customer shall indemnity the Owner against the costs of sale disposal of any items in the container on collection which are in breach of paragraph (h) or (i) above.
9. ACCESS BY OWNER FOR INSPECTION AND COLLECTION OF CONTAINERS

The Customer shall at all reasonable times allow the Owner, his agent, employees and insurers to have access to the container lo inspect and collect.

10.  NOTIFICATION OF ACCIDENTS

If the container is involved in any accident resulting in damage to the container or to other property or injury any person, the Owner must be notified immediately.

11. CUSTOMER'S RESPONSIBILITY FOR LOSS OF OR DAMAGE TO CONTAINER
    1. During the continuance of the hire period, the Customer shall be liable to the Owner for the cost of al loss of or damage to the container from any cause whatsoever, except for fair wear and tear.
    2. In the event of loss or damage to the container, hire charges shall continue unlit such time as the Customer pays for the cost incurred by the Owner in respect of such loss or damage.
12. CUSTOMER TO INDEMNIFY OWNER AGAINST THIRD PARTY CLAIMS
    1. The Customer shall at a times indemnity the Owner in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with, or arising out of, the use or possession or delivery or collection of the container, and in respect of all costs and charges in connection therewith.
    2. The Customer shall at all times indemnity the Owner (or its agent or sub-contractor) for any cost, claim, damage, expense or loss incurred by the Owner (or its agent or sub-contractor) where the delivery or collection of the container involves the delivery vehicle (or any part of it) leaving the public highway.
13. CONSEQUENTIAL LOSS ETC.
    1. The Owner shall not be liable for any consequential loss or damage arising from this contract.
    2. The date and time for delivery and collection of containers are estimates only and the Owner shall not be liable for the consequences of late delivery of or late collection of a container.
    3. The Owner shall not be liable for any delay or default in performance arising out of force majeure or any reason outside is reasonable control.
    4. Save for liability for death or personal injury caused by the Owners negligence (which shall be untimed) the Owner's liability to the Customer shall not exceed the charges for the hire period.
14. TERMINATION OF HIRE CONTRACT

When the hire is for a fixed period, it shall terminate on the date that period expires. When the hire is not or a fixed period or when it is continued after the expiry of a fixed period, without any new period being agreed, either party may terminate the hire by giving to the other one working days' notice in writing.

15.  AVAILABILITY OF CONTAINER ON COMPLETION OF HIRE
    1. The Customer shall be responsible for making the container available for collection by vehicle to the Owner's reasonable requirements on completion of the hire in a condition equal to that as al the commencement of hire, fair wear and tear excepted.
    2. When the container cannot be returned to the Owner on the completion of the hire owing to the loss, destruction, or theft of the container, whether or not due to any fault of the Customer, his agent or employee, the Customer shall pay lo the Owner the manufacturer's recommended selling price for than container.
16. PAYMENT OF HIRE CHARGES
    1. Containers shall be hired by the week or for such alterative period as the Owner may in writing agree.
    2. All times, including Saturday, Sunday and Pubic Holidays, falling within the hire period are chargeable.
    3. All hire charges are payable on demand and unless the Customer has a credit account with the Owner all hire charges must be paid in advance on delivery of the container. If the Customer has a credit account, Invoices must be paid by the Customer within 7/28/30 days of their date. The Owner may suspend or terminate any contract with the Customer if the Customer in breach of this or any other contract with the Owner or if the Customer’s credit references are inadequate or if a credit account is overdue for payment.
    4. If the container is not ready to be collected, or cannot be collected (other than by reason of the Owners default) on the due date for collection, hire charges shall continue until such time as the container is collected by the Owner, or until payment has been made by the Customer as described in Clausa 15(b)
    5. If payment of a hire charge or other sum due under the contract is not made on its due date or payment the Owner may charge interest at the rale of 4 % per annum over base rate from time to time of HSBC plc.
17. OWNER'S NAME-PLATES

The Customer shall not remove, deface or cover up any name-plate or identification mark or number on the container, nor shall he put any mark on the container which might indicate or suggest that the container not the property of the Owner.

18. CUSTOMER NOT TO DISPOSE OF CONTAINER
    1. The Customer shall not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the container except with the written consent of the Owner.
    2. The Customer shall protect the container against distress, execution or seizure.
    3. The Customer shall indemnity the Owner against al losses, damage, costs, charges and expenses arising as a result of any failure to observe and perform the terms and conditions of this Clause, except in the case of Government requisition.
19. TERMINATION FOR BREACH OF CONTRACT
    1. This Contract of Hire shall immediately be terminated without any notice or other act on the part of the Owner if the Customer –
       1. 1. 1. 1. defaults in the payment of any sums due to the Owner for the hire of container other charges; or
                2. fails to observe and perform the terms and conditions of this Contract; or
                3. suffers any distress or execution to be levied against him or makes or proposes to make any arrangement with his creditors or is made bankrupt or, being a Company, goes into liquidator, administration or receivership; or
                4. does or causes to be done or permits or suffers any act or thing whereby the Owner's rights in the container may be prejudiced
    2. If this Contract is terminated under this Clause, it shall be lawful for the Owner to retake possession of the container and, for that purpose, to enter into or upon any premises where the container may be.
    3. The termination of the Contract under this Clause shall not affect the right of the Owner to recover from the Customer any money due under this Contract or damages for breach of the Contract.
    4. The waiver by the Owner of any breach of any term or condition of this Contract shall not prevent the subsequent enforcement of that term or condition and shall not be deemed a waiver of any subsequent breach.