In these conditions “owner” means registered carrier, “hirer” means person or company to which accounts are rendered, “vehicle” means the vehicle which is delivered or collecting the skip which is the subject of the contract, “driver” means the driver of the vehicle, “the site” means the site where the skip is deposited on the directions of the hirer. The owner enters into the agreements for hire of skips and disposal of contents upon the following conditions:

1. No agent or employee of the owner is permitted to alter or vary these conditions in any way to give consent thereunder unless he is authorised to do so.

2. The owner will use his best endeavours to comply with the hirer’s requirements but can accept no responsibility for failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the owners control or any unforeseen or abnormal conditions or by any act or neglect on the part of the hirer.

3.

a) Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere other than on a highway.

b) The hirer shall save harmless and keep the owner indemnified against any claim, demand or penalty arising out of the period of the skip on the site and which could have not been made had the skip not been placed on the site.

4. The hirer shall direct the driver where to deposit or pick up the skip.

5. 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 vehicles if off the highway either than such as might have been caused by negligent driving on the part of the driver. Without prejudice to the generality of condition 3(b) 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.

6. The time allowed for depositing and picking up a skip is ten minutes. If the vehicle is kept waiting longer than this after arrival the hirer shall be liable for

reasonable demurrage.

7. The hirer shall ensure that all permissions required before the skips can be lawfully 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.

8. The hirer shall not remove the skip from the site without the consent of the owner.

9.

a) The hirer shall ensure that no waste to which Section 3(1) of the Deposit of Poisonous Wastes Act 1972 applies will be placed in the skip without the written consent of the owner.

b) If any waste to which the said section applies is placed in any skip the hirer shall immediately give the notice required by the said section and send copies of such notice to the owner.

10. The hirer shall ensure that from the time that the skip is deposited until it is picked up again by the owner.

a) It is properly sited in accordance with the permission given.

b) It is properly coned and lighted during the hours of darkness.

c) No fires are lit in it.

d) It is filled no higher than the top of its sides.

e) It suffers no damage except from wear and tear.

11. Notwithstanding the terms of condition 10 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.

12. 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. Periods in excess of 14 days casual hire charged at £10 per week or part thereof.

13. The owner shall ensure that the skip is clearly and indelibly marked with his name and telephone number or address.

14. The owner will remove or reposition the skip if required at any time to do so by a highway authority or constable in uniform under section 32 of the Highway Act 1971.

15. Except or specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.

16. No special waste as listed on S.I. 1980/1709 including asbestos, solvents, minerals or greases unless pre-arranged.

Environmental Protection Act 1990