Terms and Conditions
These are our standard terms of trading and apply to all contracts we accept for:
- The hire of Waste Skips.
- The collection and disposal of waste.
We are referred to as “Transwaste”
You are referred to as “The Customer”
These terms apply in their entirety to all Contracts and shall prevail in the event of conflict with any other Terms unless carried by us in writing.
The Terms
1. General
1.1 Any order placed with Transwaste which takes its vehicles off the public highway will be at the customer’s own risk, they will accept full responsibility for any consequential damage that may occur to person, property, or vehicles as a result of this.
1.2 Transwaste will not be liable for any loss or damage caused by failure to supply, or any delay in supply which may be caused directly or indirectly by any circumstances beyond our control, including act of God, fire, accident, breakdown of machinery, shortage of labourer material, or by an act of neglect the part of the customers.
1.3 Transwaste reserves the right to charge the customer for all the costs incurred because of a cancellation or variation of the whole or a substantial part of the order.
2. Skip Hire
2.1 Asbestos, Gas Bottles, Fridge/Freezer, Fertilizer or empty containers, Aerosols of any kind, oil drums – full or empty, Paint tins – full or empty, Batteries, Hazardous Chemicals, Grip tubes – full or empty, Plasterboard, Fluorescent tubes, Mattresses, Pesticides, Tyres, Electrical Items, Food Waste, Liquids, Insulation, Tree Stumps, Tree Roots, Carpet, Vinyl, Astro Turf, Rubber Matting, Roof felt and POPS Waste (sofas, chairs, seating), or any other electrical items or any waste deemed as hazardous by an absolute mirror entry in the European waste catalogue (Article 1(4) of the hazardous waste directive 91/689/EC) must not be placed in a skip container unless by prior written agreement with Transwaste at an additional cost.
2.2 It is the responsibility of the hirer to ensure that skips places on the highway or public places have the permission of the local highway authority and are adequately lit and coned off in accordance with the Highways Act 1980. Transwaste can organise permits at an additional cost to the hirer.
2.3 The hirer shall ensure that the skip is not overloaded by weight or volume at the point of collection. Transwaste reserves the right to refuse to collect overloaded skips and any costs incurred due to unsafe loads / overloading will be passed on to the hirer.
2.4 The lighting of fires in or near skips is strictly prohibited. The hirer will be liable for any loss or damage to the skip container during the term of the skip hire period and will be charged the current purchase price of the skip should it be lost or stolen whilst on the customer’s site. Once a skip has been placed, it shall not be repositioned without prior consent from Transwaste. Moving skips on site could result in inability to collect the skip.
2.5 The responsibility of the skip and its contents remain with the hirer until collected by a Transwaste vehicle. Any skips that are removed whilst in control of the hirer will be charged the full replacement value.
3. Tipping / Waste Disposal
3.1 Transwaste are registered with the Environment Agency as a Waste Carrier, all recycling and disposal sites are correctly permitted or approved.
3.2 Customers using Transwaste recycling / disposal sites do so at their own risk. Transwaste accepts no responsibility for damage or injury of any nature that may occur to persons or vehicles using these sites.
3.3 Vehicles may only use portions of the sites as are allocated to them.
3.4 Only waste permitted under the waste permit licences or exemptions may be disposed on the sites.
3.5 Transwaste reserves the right to refuse any materials which it considers to be objectionable or unsuitable for deposit on the company’s sites.
3.6 Material for deposit on our sites will only be accepted from registered waste carriers and must be accompanied by a controlled waste transfer note stating the description of the waste (with EWC code), the source of the waste and the details of the waste carrier, including carrier registration number, in accordance with Environmental Protection (Duty of Care) Regulations 1991.
4. Payment Terms
4.1 The customer will pay Transwaste invoices within 30 days of the invoice date (Due Date) without deduction or set off.
4.2 If the customer fails to pay any amount by the Due Date then, without prejudice that outstanding amount shall bear interest at 5% per annum above HSBC Bank PLC base rate from time to time calculated on a daily basis from the Due Date until the full amount has been paid in cleared funds and Transwaste shall be entitled to suspend provision of the Services and the hire of the skip (if applicable) until such time.
4.3 The fees may be upwardly adjusted to consider any increase in any of the Transwaste service provider’s transport, operating, disposal or other costs incurred in providing the Services or the hire of any skip, technical changes, any new legislation, or regulation coming into effect after the date of the agreement which results in an increase to Transwaste costs / expenses.
4.4 For non-account customers payment is due on or prior to delivery.
5. Termination and Default
5.1 Transwaste may terminate this Agreement:
(a) the customer breaches the terms of this agreement
(b) the customer makes any composition, arrangements with creditors, goes into liquidation or has any distress of execution levied against it
(c) a winding up order is made against the customer, a provisional liquidator is appointed to the customer, the customer passes a resolution for winding up, an administrator order is made against the customer or receiver, receiver manager or administrator receiver appointed over the while or part of the customer’s undertaking or assets, or the customer ceases or threatens to cease trading.
(d) any sum payable by the customer is unpaid 30 days after the Due Date.
6. Miscellaneous
6.1 The failure of Transwaste to enforce any of the terms and conditions of this agreement shall not be a waiver for them.
6.2 The customer shall not assign or subcontract any of its or duties under this agreement without Transwaste written consent. Transwaste may assign or sub-contract this agreement without the customer’s consent.
6.3 This agreement and its terms shall be kept confidential save as required by law and this agreement shall be governed by and interpreted according to English Law.