1. The Hirer shall be solely responsible for the condition of the skip from the lime of delivery until collection by T.P. Skip Hire and the Hirer hereby agrees to take all necessary precautions to ensure that it shall not be a danger inta nuisance to any person or property
  2. The Hirer shall indemnify T.P. Skip Hire against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by T.P. Skip Hire as a result of any accident or by the use or situation of the skip during the period of hiring and whether this has been done caused by the Hirer, and Hirer's sub-contractors or the Hirer's agents or servants (other than death or personal injury resulting from the negligence of T.P. Skip Hire, or its employees).
  3. T.P. Skip Hire does not hire the skip subject to any condition or warranty express, implied statutory in connection with the fitness for purpose, satisfactory quality of the skip, or reasonable skill and care, and any conditions and warranties are hereby expressly excluded insofar as permitted by statute and (save for T.P. Skip Hire's liability for death or personal injury caused by negligence of T.P. Skip Hire or its employees) T.P. Skip Hire will not be responsible for any liability, claim loss, damage or expense of any kind or nature caused directly or indirectly by the skip or arising out of the use of the skip.
  4. The Hirer warrants as a term of this contract that the site provided for the skip is suitable and that he has every necessary authority or licence from the Local Authority which may be required in connection with the use of the skip.
  5. The Hirer is responsible for the lighting during hours of darkness and placing of cones on the skip according to the permit issued by the local Borough Engineer's Department.
  6. The Hirer shall not load or permit the skip to be loaded higher than the rave.
  7. The Hirer shall not move the skip without permission of T.P. Skip Hire.
  8. The Hirer shall not burn or permit rubbish to be burnt inside the skip.
  9. The Hirer shall be responsible and liable for all or any damage or loss whether direct or consequential caused to T.P. Skip Hire whilst the skip is on hire from T.P. Skip Hire and the Hirer shall be responsible for the return of the said skip to T.P. Skip Hire at the termination of the period of hire in the same condition and state of repair as the skip is at the date of the commencement of the period of hire.
  10. The Hirer shall not deposit asbestos, paint, tyres, batteries or any special waste in any skip (as defined in the Environmental Protection Act 1990) or under any later statute.
  11. No forbearance, indulgence or relaxation on the part of T.P. Skip Hire shown or granted to the Hirer in respect of any of the provisions of the Agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of T.P. Skip Hire under this Agreement or operate as to be deemed to be a waiver or any breach by the Hirer of the terms and conditions of this Agreement.
  12. The Hirer hereby waives all and any future claims and rights of set off against any payment due hereunder and agrees to pay the Rental and other amounts regardless of any equity, set off or cross-claim on the part of the Hirer against T.P. Skip Hire.
  13. Where there are two or more parties to this Agreement as Hirer their liability hereunder shall be joint and several and where the context so admits or requires the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include plural.
  14. If the Hirer shall fail to pay any sum payable under this Agreement within 7 days of it becoming due (whether demanded or not) or shall commit a breach of the other Terms and Conditions of this Agreement or shall do or allow to be done any act or thing which in the opinion of T.P. Skip Hire may jeopardise T.P. Skip Hire's rights in the skip then in each and every case the Hirer shall be deemed to have repudiated this Agreement and T.P. Skip Hire may thereupon at any time thereafter by notice in writing to the Hirer terminate this Agreement.
  15. If any of the following events shall occur, namely:-
    (i) If any distress, execution, or other legal process shall be levied on or against the skip or against any of the Hirer's goods or other property or the Hirer shall permit any judgement against it to remain unsatisfied for 7 days; or
    (ii) If the Hirer, being an individual, shall die, shall suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against him or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order; or
    (iii) If the Hirer, being a body corporate, shall enter into any liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part 11 of the Insolvency Act 1986, or shall be deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts.

    then in each and every such case the hire constituted by this Agreement shall ipso facto and without notice terminate and no payment subsequently accepted by T.P. Skip Hire without knowledge of such termination shall in any way prejudice or affect the operation of this Condition.
  16. All sums due from the Hirer to T.P. Skip Hire shall be increased to include VAT at the rate or rates for the time being in force.
    Although Hirer to T.P. Skip Hire will use all reasonable endeavours to discharge its obligations under this Agreement in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
  17. Any notice hereunder shall be in writing and may be served by sending it by facsimile or pre-paid first class letter post or delivery if (in the case of a limited company) to the address stated herein, and in any other case, to the last known address of the addressee.
    A notice is to be treated as having been given at the following times:
    (a) in the case of personal delivery, at the time it is delivered to the addressee.
    (b) in the case of a notice sent by post on the second day following the day of posting and in the case of a notice given by facsimile on the day of transmission if it is transmitted before 5.00 pm on a normal business day.
  18. Interest at the rate of 4% above the base rate of Barclays Bank Plc shall be charged on any sums due to T.P. Skip Hire from the due date until the date of actual payment before as well as after judgement. The due date shall be 28 days after the date of the invoice.
  19. When the skip is full or the purpose for which it was hired has finished the Hirer should notify T.P. Skip Hire as soon as possible so that the skip may be removed.