Container Hire Terms and Conditions

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1. INTERPRETATION

1.1 In these Terms and Conditions the following words have the following meanings:

1.1.1 "The Customer" means the person(s), firm or the company who hires a Container from the Company;

1.1.2 "The Company" means Lloyds Environmental Waste Management Limited (Company Number 02800417) with registered offices at Old Hamsey Brickworks, South Chailey, Nr Lewes, East Sussex BN8 4QD;

1.1.3 "Agreement" means any contract between the Company and the Customer for the hire of a Container and the disposal of its contents, incorporating these Terms and Conditions;

1.1.4 "Container" means a container or containers of whatsoever nature which is the property of the Company to be hired to the Customer under the terms of the Agreement and which is indelibly marked with the CompanyÃs name and telephone number or address.

1.2 Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted.

1.3 Except where the context otherwise requires, words denoting the singular include the plural and vice versa; words denoting any gender include all genders; words denoting persons include firms and corporations and vice versa.

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2. APPLICATION OF TERMS

2.1 Subject to any variation under condition 2.3, the Agreement will be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 No terms or conditions endorsed upon, delivered with or contained in the CustomerÃs purchase order, confirmation of order, specification or other document will form part of the Agreement simply as a result of such document being referred to in the Agreement.

2.3 These Terms and Conditions apply to all the CompanyÃs hires and any variation to these Terms and Conditions and any representations about the supply of a Container shall have no effect unless expressly agreed in writing and signed by the Company.

2.4 Each order for a Container placed by the Customer with the Company shall be deemed to be an offer by the Customer to hire a Container subject to these Terms and Conditions.

2.5 No order placed by the Customer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Container to the Customer.

2.6 The Customer must ensure that the terms of its order and any applicable specification are complete and accurate.

2.7 Any quotation is given on the basis that it is not an offer capable of acceptance and that no contract will come into existence until an order is placed by the Customer and the Company despatches a signed acknowledgement of order to the Customer.

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3. DELIVERY AND COLLECTION OF THE CONTAINER

3.1 Unless otherwise agreed in writing by the Company, delivery of a Container shall take place at the site address within the United Kingdom shown in the Agreement.

3.2 Any dates specified by the Company for the delivery and collection of a Container are intended to be an estimate and time for delivery and collection of such Container shall not be made of the essence by notice. If no dates are so specified, the delivery and collection of the Container will be within a reasonable time.

3.3 Subject to the provisions of clause 9 of these Terms and Conditions, the Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the supply of a Container (even if caused by the CompanyÃs negligence), nor will any delay entitle the Customer to terminate or rescind the Agreement unless such delay exceeds 30 days.

3.4 The Customer will provide at the site address adequate and appropriate access to facilitate the delivery and collection of the Container (the provision of which normally requires the use of heavy goods vehicles) including, but not limited to, the supply of appropriate roadways free from overhanging branches, appropriate man-hole covers and adequate protection from underground drainage runs.

3.5 The Company shall obtain all permissions required to enable the lawful deposit of the Container on the site including any permission which may be required under Section 139 of the Highways Act 1980 and the Customer shall comply with any and all conditions to which any such permission is subject.

3.6 The contents of the Container shall immediately on removal of the Container from the site become the property of the Company.

3.7 Except as may be specifically agreed in writing by the Company, the Customer shall fill the Container within the period of hire and shall notify the Company when the Container is ready for collection whereupon the Company shall arrange for the collection of the Container within a reasonable period of time.

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4. PRICE

4.1 Unless otherwise agreed by the Company in writing, the price for the hire of the Container shall be the price set out in the Agreement plus all costs associated with obtaining the permissions referred to in clause 3.5.

4.2 Unless otherwise agreed by the Company in writing, the Customer shall be responsible for all costs associated with complying with any and all conditions referred to under clause 3.5.

4.3 The price for the hire of the Container shall be exclusive of any value added tax which amount the Customer will pay in addition when it is due to pay for the hire of the Container.

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5. PAYMENT

5.1 Payment for the hire of the Container shall be due at the time the order is placed unless credit terms have been agreed with the Company in writing in which case payment is due within 7 days of the date of the invoice rendered by the Company to the Customer.

5.2 Time for payment shall be of the essence.

5.3 The Customer shall make all payments due under the Agreement without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.

5.4 If the Customer fails to pay the Company any sum due pursuant to the Agreement, the Customer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5.5 The Company reserves the right by giving notice to the Customer, at any time before the delivery of a Container hereunder, to increase the price for the hire of the Container to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company, such as, but not limited to, any alteration to or the enactment of any legislation regulations or any other enactment relating to the supply of the Container, its collection and subsequent disposal by the Company of its contents, significant increases to the cost of labour, any change in dates for the delivery of the Container, which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions necessary for the delivery of the Container.

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6. WARRANTIES OF THE CUTOMER

6.1 The Customer hereby warrants to the Company that he shall not:

6.1.1 Overload the Container or fill it above the level of its sides; :

6.1.2 Permit others to use the Container; :

6.1.3 Attempt to move the Container other than accordance with the Highways Act 1980 whereupon he shall indemnify the Company against any costs incurred by it in compliance with the requirements of the Highways Act 1980; :

6.1.4 Set fire to the Container or otherwise attempt to destroy, treat or process the contents of the Container. :

6.2 The Customer hereby warrants to the Company that in the event the Container is sited on a public highway, he shall keep the Container properly coned and lit during the hours of darkness and where regulation requires, marked in accordance with regulation whether by reflecting or fluorescent material or otherwise. :

6.3 The Customer hereby acknowledges that the Company shall dispose of the contents of the Container at a non-hazardous landfill site and hereby warrants to the Company that the waste material deposited in the Container by him will not contain any material which breaches any regulations which apply to the deposit of waste material at non-hazardous land-fill sites as may be in force from time to time unless the Company has otherwise agreed in writing. :

6.4 The Customer shall indemnify the Company from any expenses, fines or penalties incurred by the Company by reason of the CustomerÃs breach of clause 6.3 and in the event the Company assists in rectifying any such breach by the Customer, the Company shall be entitled to charge the Customer for the work.

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7. WARRANTIES OF THE COMPANY

7.1 The Company confirms that it is an authorised person pursuant to Section 34 of the Environmental Protection Act 1990.

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8. QUALITY

8.1 The Company warrants that (subject to the other provisions of these Terms and Conditions) the Container shall be delivered and collected with reasonable skill and care.

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9. LIMITATION OF LIABILITY

9.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

9.1.1 any breach of these Terms and Conditions; and

9.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

9.3 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the CompanyÃs negligence or fraudulent misrepresentation.

9.4 THE CUSTOMERÃS ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 9.5

9.5 Subject to clause 9.3:

9.5.1 The CompanyÃs total public liability arising in connection with the hire of a Container under the Agreement shall be limited to £10,000,00.00;

9.5.2 The CompanyÃs total product liability arising in connection with the hire of a Container under the Agreement shall be limited to £10,000,00.00;

9.5.3 Except as provided in clauses 9.5.1 and 9.5.2, the CompanyÃs total liability arising in connection with the hire of a Container under the Agreement shall be limited to £50,000.00;

9.5.4 For the avoidance of doubt there shall be included in the amounts set out in clauses 9.5.1, 9.5.2 and 9.5.3 all legal and other professional fees, costs and expenses incurred by the Customer in establishing and presenting any claim against the Company; and

9.5.5 The Company shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.

9.6 The price for the hire of a Container is determined on the basis of the exclusions from, and limitations of, liability contained in these Terms and Conditions. The Customer expressly agrees that these exclusions and liabilities are reasonable because of (amongst other matters) the likelihood that the amount of damages awardable to the Customer for a breach by the Company of these Terms and Conditions may otherwise be disproportionately greater than the price for the hire of a Container.

9.7 In the event the Customer is a consumer, such consumerÃs statutory rights are not adversely affected by these Terms and Conditions.

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10. ASSIGNMENT

10.1 The Customer shall not be entitled to assign the Agreement or any part of it without the prior written consent of the Company.

10.2 The Company may assign the Agreement or any part of it to any person, firm or company.

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11. FORCE MAJEURE

11.1 The Company reserves the right to defer the date of delivery or to cancel the Agreement (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, the Customer shall be entitled to give notice in writing to the Company to terminate the Agreement.

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12. GENERAL

12.1 Each right or remedy of the Company under the Agreement is without prejudice to any other right or remedy of the Company whether under the Agreement or not.

12.2 If any provision of the Agreement is found by any court, tribunal, administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.

12.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Agreement will not be construed as a waiver of any of its rights under the Agreement.

12.4 Any waiver by the Company of any breach of, or any default under, any provision of the Agreement by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Agreement.

12.5 The formation, existence, construction, performance, validity and all aspects of the Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

12.6 These Terms and Conditions (together with the terms, if any, set out in the Agreement) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

12.7 No term of the Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Agreement.

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13. TERMINATION

1. The Agreement shall run from the date of commencement for the Agreement period. At the end of the Agreement period where the Agreement is for the provision of a recurring Service(s), the Agreement shall become an agreement for a period of one year which shall continue from year to year unless the Buyer gives the Company a minimum of six months' notice in writing that the Buyer wishes to end the Agreement.

2. The Company may end the Agreement by giving to the Buyer a minimum of six months notice in writing, such notice to expire at the end of the Agreement Period or any subsequent anniversary thereof. The Company may end the Agreement immediately at any time if:

2.1. The Buyer is in breach of the Agreement

2.2. The Buyer does not make any payment due to the Company on time

2.3. The Buyer receives an order against him to wind up his business

2.4. The Buyer has an administrator, administrative receiver or liquidator appointed in respect of some or all of its business or assets

2.5. The Buyer is unable to pay his debts as they fall due or is made bankrupt

2.6. The Buyer compounds or makes an arrangement with his creditors or has distress levied against any of his goods or assets

3. If the Buyer terminates the Agreement pursuant to clause 14.1 above, the Buyer must pay to the Company an amount equal to sixty-seven per cent of the standard charge for whatever amount of /the Agreement Period remains unexpired. The Buyer must also pay to the Company any overdue payments and interest that the Buyer owes to the Company under the Agreement and any costs incurred by the Company in collecting from the Buyer any payments still owed to the Company.

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14. NOTICE

14.1 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.


Your attention is specifically drawn to section 6 of the attached terms and conditions for container hire and the disposal of the contents – Warranties of the Customer.

It is a legal requirement that you comply with all requirements of section 6. 

In respect of section 6.3, we list below general information regarding waste material that would normally be accepted for deposit at a non-hazardous landfill site:-

1. Construction and demolition wastes:

From building sites including refurbishments, extensions and demolition contracts and consisting mainly of soils, hardcore, brickwork, stone, concrete, sand, cement, plastics, builders rubble, excavated road metal, wood, hardboard and chipboard, trees, bushes and garden waste.

2. General commercial waste:

From offices, warehouses, shops, light industry etc. consisting mainly of paper, cardboard, empty containers (metal, glass, plastic, paper, sacks, etc.,), floor sweepings, wood and wood products.

3. General trade waste:

From shops and restaurants consisting of waste food, vegetable matter, paper, cardboard, empty containers, floor sweepings, wood and wood products.

4. General industrial waste:

From factories, heavy industry and engineering plants consisting mainly of paper, cardboard, wood, hardboard, chipboard, slag and ash, empty containers, floor sweepings, plastic, glass, pottery, china, enamels, ceramics, mica, abrasives, clinker, coal, silica and cement.

5. Inactive or inert waste:

Sand, sub soil, concrete, bricks, minerals fibres, fibreglass, etc, when separate from general construction waste.

6. Sewage screenings

Special and Hazardous Waste (not permitted in container)

For any special or hazardous waste including (but not limited to) asbestos, oily waste, gas bottles, pesticides, batteries, waste electronic and electrical equipment (WEEE), tyres, liquid, corrosive, flammable or toxic wastes, please contact your account manager for specialist advice on disposal options.

If you wish to confirm that the waste you propose to deposit in your container is non hazardous, please do not hesitate to contact your account manager for advice on 01273 401888