DEFINITIONS – for the purposes of these Terms and Conditions the following definitions shall have effect:
- “The Company” means R. Heatrick Ltd t/a Skipway a company registered in Northern Ireland with company number NI040851 and whose registered office is at Barry Thompson & co. chartered Accountants, 76-78 Church Street, Portadown, Co. Armagh, BT62 3EU.
- “The Customer” means the person, firm or company which has contracted to hire the Product.
- “Conditions” means these Terms and Conditions and any special terms and conditions agreed in writing by the Company.
- The “Delivery Date” means the date specified by the Company when the Product is to be delivered to the Customer.
- The “Hire Charge” means the charge for the Product as set out in the Order and notified to the Customer in advance;
- The “Hire Period” will be 7 days calculated from and including the day of delivery;
- “Location” means the address(es) for the delivery of the Product as set out in the Order.
- “Order” means an order for Product from the Company placed by the Customer.
- “Product” means any goods, physical material or services as set out in the Order or understood by the parties to be included in the goods, supplied by the Company to the Customer.
- “VAT” means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Product.
APPLICATION – these Conditions shall apply to and govern all Orders for the supply of any Product by the Company to the Customer. These Conditions supersede any previously issued terms and conditions of purchase or supply. These Conditions supersede and exclude all terms and conditions of contract sought to be imposed by the Customer at any time in relation to an Order. These Conditions shall not apply to any Product supplied to the Company. No variation to these Conditions shall be binding unless agreed in writing by an authorised representative of the Company. Any typographical, clerical or any other error or omission in any sales literature, price list, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
QUOTATIONS – a quotation given by the Company is for information only and acceptance thereof will not in any circumstances constitute a binding order or contract for hire.
ORDERS –these Conditions shall apply to all Orders for the supply of any Product by the Company to the Customer to the exclusion of all other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document. All Orders for any Product shall be deemed to be an offer by the Customer to purchase the Product subject to these Conditions.. An Order shall be deemed to be accepted once the Company confirms acceptance of the Order in writing or once the Company notifies the Customer that the Product has been scheduled for delivery.
The Company may reject any Order at its absolute discretion. Any communication that may accompany such rejection shall not constitute a counter-offer capable of acceptance by the Customer.
ORDER VARIATION –. When an Order is placed with the Company, the Customer should confirm the accuracy of the information given including delivery address, invoice address, quantity and description of the Products required. The Company shall be under no liability whatsoever for any loss arising from the submission by the Customer of any inaccurate information.
ORDER CANCELLATION – in the event of a Customer purporting to cancel an Order which has been accepted by the Company, the Company will only release the Customer from its obligations on payment of a sum equal to all loss and/or damage suffered by the Company. No Order for the supply of any Product may be cancelled by the Customer except with the agreement of the Company and on the terms that the Customer shall indemnify the Company in full against all loss including loss of profits, costs, damages, charges and expenses incurred by the Company as a result of the cancellation.
DELIVERY – An Order shall specify whether the Product is to be delivered by the Company or by a carrier appointed by the Company, to the Location and date specified in the Order. Alternatively, the Order shall specify whether the Product is to be collected by the Customer. Time of delivery is not of the essence, the Company will use reasonable endeavours to make any Product available for delivery on the date specified but such dates are indicative only and the Company cannot be liable for any loss, damage or expense caused by any failure to do so. Delivery dates are approximate only.
The Products shall be deemed delivered if:
- Delivered by the Company or carrier on arrival of the Products at the Location; or
- If collected, when the Company makes the Products available for collection.
If the Customer directs the Product to be delivered to a Location which is not on the public highway, the Customer shall indemnify the Company in respect of any loss, costs, damages or expenses sustained as a result of personal injury or as a result of damage to the Product or to any third party property. This includes any subsidence caused when removing Products.
The Customer may not move the Product from the Location without the prior written consent of the Company.
The Company reserves the right to collect the Product after the date of the specified Hire Period. Should the Customer require the Product for a period longer than the Hire Period, hire will be charged at the prevailing rate for each additional day of hire.
DELIVERY CLAIMS – claims from the Customer in respect of delivered quantity discrepancies or damages must be made in writing and received by the Company no more than 7 days after receipt of delivery.
PRICING – The price for the Product shall be the Hire Charge specified in the Order or where no such provision is set out, as advised by the Company from time to time before the Order is placed. The Company reserves the right to revise quoted prices at any time should conditions beyond the Company’s control make revision necessary. Prices are exclusive of VAT (or equivalent sales tax), delivery and all other related charges or taxes.
PRICING CLAIMS – claims from the Customer in respect of invoice pricing must be made in writing and received by the Company no more than 7 days after receipt of invoice.
VALUE ADDED TAX – all prices are exclusive of Value Added Tax which, if applicable, shall be added at the rate prevailing at the tax-point date. The Customer shall pay any applicable VAT to the supplier on receipt of a valid VAT invoice.
PAYMENT – unless otherwise specified by way of credit account arrangements, payment for all invoices must be made in advance and in full, without deduction or set-off, in cleared funds in pounds sterling. Payment shall be deemed to have been made only when received by the Company in cash or cleared funds. The Customer shall pay any applicable VAT to the Company on receipt of a valid VAT invoice.
TIME OF PAYMENT – time of payment shall be the essence of this Contract. Unless otherwise agreed, payment in full shall be made no later than 28 days after delivery of the Product to the Customer.
LATE PAYMENT – if payment is overdue then, without prejudice, the Company shall be entitled:
- to charge the Customer interest on any overdue balance at the rate of 4% a year above the Company’s bank’s base rate from time to time in force. Interest shall accrue on a daily basis and apply from the due date for payment until actual payment in full, whether before or after judgment; or
- to retake possession of the Product in question and for that purpose to enter upon the Customer’s premises or the Location. The Company reserves the right to unload the contents of the Product at the Location or at the Customer’s Premises and accepts no liability for any loss or damage occasioned by such actions; or
- to cancel the original invoice price and to re-invoice at the price chargeable for similar Product at the date of default.
RISK AND INSURANCE – It shall be the responsibility of the Customer to insure Product against all risks from the time of delivery. Where delivery is at the Customer’s premises, the Company shall bear the risk during transit.
WASTE MATERIAL – waste material collected must be notified to the authorities specified in the Deposit of Poisonous Waste Act 1972 whereby 3 clear days notice of such notification must have been given prior to this collection unless this waste material is exempt from notification under regulation 3, classes 1-3 inclusive. For the avoidance of doubt, asbestos of all forms is considered hazardous and is notifiable in all cases under the terms of this provision.
CUSTOMER OBLIGATIONS – the Customer shall ensure that the Product is suitably illuminated as required by statute and shall fully indemnify the Company against any claims, demands, damages, proceedings, and expenses in respect of the Customer’s failure to illuminate the Product.
The Customer will ensure that they have obtained all necessary authorities and licences from the relevant Local Authority which may be required in connection with the use of the Product and shall comply with all statutes and legislation in relation to the use of the Product including but not limited to Articles 96 and 97 of the Roads (Northern Ireland) Order 1993.
The Customer shall ensure that each Product on a public or private carriageway shall be protected by three identifiable cones positioned on the approaching traffic side as demonstrated within the diagram attached to these Conditions.
During the hours of darkness, twilight and at times of reduced visibility an amber lamp shall be attached to each side of the container and when the container has been placed on a public or private carriageway, lamps must be placed between traffic cones in accordance with the diagram attached to these Conditions. (Each lamp should have an illuminative power of not less than 1 candela and must remain lit throughout the period of darkness, twilight or reduced visibility).
The Customer shall not light or permit to be lit any fires within the Product.
RESTRICTED MATERIAL– The following list of items are classed by the Company as “restricted materials” and surcharges will apply where these items have been deposited within the Product without the prior written agreement of the Company. The list of restricted materials is not finite and the Company reserves the right to amend the list to the Customer at any time:
• Bulky Waste (Carpet, ceiling tiles, sofas and similar Max 10% of load)
• Clinical Medical Waste
• Fluorescent Tubes
• Gas Cylinders
• Hazardous/Toxic Materials
• Paint Cans
LIABILITY – except to the extent that the Company is prevented by law from excluding such liability the Company will not be liable to the Customer for any injury, loss, damage, costs or expenses of any kind whatsoever arising out of or in connection with the Contract between the Company and the Customer. Any claim by the Customer which is based on any defect in the description or condition of any Product shall be notified to the Company within 7 days of the date of receipt of the Product or where the defect or failure was not apparent on reasonable inspection within 14 days from the date on which the Customer became aware (or should reasonably have become aware) of the defect or failure. If delivery of the Product is not refused and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Product and the Company will have no liability for any defect or failure and the Customer will be bound to pay the full price for the Product. The Company shall not be liable for any failure of the Product to comply with the above where such failure arises by reason of wilful damage or negligence.
FORCE MAJEURE – the Company shall not be liable to the Customer or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to any Product if the delay or failure was due to any events or sequence of events beyond the Company’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements).
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
- act of God, fire, flood, lightening, tempest, earthquake. or other natural disaster;
- interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service;
- war, threat of war, riot, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority
- import or export regulations or embargoes
- strikes, lock-outs or other industrial actions or trade disputes
- default of suppliers or sub-contractors which the Company could not reasonably have anticipated
The Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay is expressly excluded from this clause.
DISPUTE RESOLUTION– In the case of a dispute, the dispute resolution process may be initiated at any time by either party serving written notice on the other party that a dispute has arisen; the notice shall include reasonable information as to the nature of the dispute. Within 7 days, the contract managers of the parties shall meet to discuss the dispute and attempt to resolve it. If the dispute has not been resolved within 7 days of that meeting, then the matter shall be referred to the chief executive (or persons of equivalent seniority) in order to resolve it.
JURISDICTION – a Contract incorporating these Conditions shall be interpreted and governed in all respects in accordance with the laws of Northern Ireland and the parties submit to the exclusive jurisdiction of the Courts of Northern Ireland.
GENERAL – any notice or correspondence between the parties in respect of these Conditions shall be in writing and in English and be addressed to the registered office of the Customer or the Company. The rights and remedies of the Company provided in these terms and conditions are cumulative and not exclusive of any rights and remedies provided for by law. If there is a conflict between the terms contained within these Conditions and the Order, the terms of these Conditions shall prevail. If any provision of these Conditions is held by any competent authority or statute to be invalid the remainder of these Conditions shall not be affected. Nothing in these Conditions confers any right on any person (other than the parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999.