TERMS & CONDITIONS

GBM Waste Management

CONDITIONS FOR SUPPLY OF SKIPS AND CONTAINERS AND FOR THE DISPOSAL OF THE CONTENTS OF THE SKIPS AND CONTAINERS

1. In these conditions “GBM Waste Management” means Grantham Industries Ltd T/as GBM Waste Management, or GBM Oakham Limited T/as GBM Waste Management and the “Customer” means any person, firm, or company hiring skips or containers from GBM Waste Management including the Customers agents, employees, contractors and any other person acting on the Customer’s behalf. “Skip” includes container.
2. All agreements for the supply of Skips and/or for the disposal of the contents of skips between GBM Waste Management and the Customer are governed by these Conditions which supersede all previous arrangements or agreements between GBM Waste Management and the Customer relating to these activities and no variation of these Conditions shall be binding on GBM Waste Management unless the variation is in writing and signed by a director of GBM Waste Management on its behalf.
3. The rates charged by GBM Waste Management for the supply of Skips and disposal of waste are those current at the date of collection.
4. If a Skip is to be placed on the highway the Customer must at all times during any hire period ensure that:-
   1.  He has prior written permission from the relevant Highway Authority before the Skip is deposited on the highway and is able to produce evidence of such permission on request by GBM Waste Management. Where requested, GBM Waste Management will obtain the permission on behalf of the Customer.
   2. The Skip is clearly marked with reflecting or fluorescent material (which shall be kept clean) and lit by lamps placed against or on each corner of the Skip during hours of darkness.
   3.  The Skip is removed from the site when full and that the Skip is not overloaded.
   4.  At least three traffic cones are placed in an oblique line along the approach to the Skip starting on the kerbside and ending alongside the off-side approach corner.
   5. The highway in the immediate vicinity of the Skip is kept in a clean and tidy condition and that the highway is not obstructed by any materials which should have been properly deposited in the Skip.
5. The Customer must properly direct GBM Waste Management’s driver to the place where the Skip is to be deposited for the duration of the hire period and the Customer will be responsible for ensuring that Skips are not positioned as to obstruct access to premises, man hole covers, surface water drains and/or the like as to cause any other type, nuisance, annoyance or danger to the public. GBM Waste Management will be under no obligation to deposit the Skip on or remove a Skip from any other place than a highway.
6. Where the Customer has instructed GBM Waste Management to deposit the Skip on a driveway, the Customer accepts full responsibility for any loss, damage or injury, whatsoever.
7. The Customer must properly direct GBM Waste Management’s driver to the place for collection of the Skip at the end of the hire period and the Skip may not be removed or repositioned from the place of deposit by the Customer without prior consent of GBM Waste Management.
8. All waste remains the property of the Customer until paid for in full.
9. Without prejudice to Condition 17 the Customer will be liable to reimburse GBM Waste Management for delays in depositing or recovering the Skip at the charge rate current at the date of deposit or recovery (as the case may be) subject to an allowance of 15 minutes from the arrival at the place of deposit or collection by GBM Waste Management.
10. The Customer must provide GBM Waste Management with a description in writing of the type of waste to be deposited in the Skip. Such description must identify any hazards or potential hazards or difficulties relating to the waste (whether or not such hazards or difficulties are apparent on inspection) to enable GBM Waste Management to deal with and dispose of the waste in a safe and proper manner. The Customer warrants that waste deposited in the Skip for disposal by GBM Waste Management corresponds with the description of the waste given to GBM Waste Management by the Customer.
11. The Customer warrants that he will not deposit or permit to be deposited in the Skip any waste of the following description without first having obtained written consent of GBM Waste Management –
    1. Special waste (as defined under Section 62 of the Environment Protection Act 1990 and Special Waste Regulations 1996 or any subsequent modification or re-enactment thereof ).
    2. Dangerous, hazardous, toxic, explosive, inflammable or any other similar substance or materials.
12. Where GBM Waste Management gives its prior written consent to the deposit of special waste the Customer is responsible for ensuring that the provisions contained in section 62 of the Environment Protection Act and Special Waste Regulations 1996 (or any subsequent modification or re-enactment thereof ) are fully complied with.
13. In the event of GBM Waste Management discovering or becoming aware that waste has been deposited in the Skip which does not correspond with the description tendered by the Customer to which it has not given consent for such waste to be deposited (as required by condition 9) GBM Waste Management may take such action as it considers necessary and appropriate in the circumstances to deal with or dispose of such waste in accordance with the law including (but without limitation to the foregoing) returning the waste to the Customer and notifying the relevant Disposal Authority (or other appropriate regulatory or supervisory body) of any breach of any statutory provision or other duty for which GBM Waste Management believes the Customer is responsible.
14. The Customer shall ensure that fires are not lit in the Skip and that if items are lit, the Customer will be liable for all damage caused as a result thereof.
15. Unless otherwise agreed in writing GBM Waste Management will dispose of the contents of the Skip provided that the contents corresponds with description provided by the Customer pursuant to Condition 8 above and provided that such contents have been loaded and sheeted by the Customer in a safe and transportable manner.
16. GBM Waste Management may, at its discretion, refuse to lift or remove any Skip, which it considers is overloaded or would be hazardous to transport. In the event the Customer will be responsible for re-loading the Skip and having such extra Skips as may be necessary in GBM Waste Management’s opinion to deal with the load or to make the load safe to transport and without prejudice to Condition 17 the Customer shall indemnify GBM Waste Management for any and all additional costs and expenses incurred by GBM Waste Management including the cost of any abortive journey.
17. The Customer undertakes to GBM Waste Management to take out and maintain with an insurance office of repute a policy in respect of obligations and liabilities hereunder (actual or contingent) and will at the request of GBM Waste Management produce a copy of such policy or policies and receipts for the last premium payable within 24 hours of such a request.
18. Save to the extent that by statute liability may not be lawfully excluded, GBM Waste Management shall not be liable (whether in contract, tort or otherwise) to the Customer, or any other person for any loss, injury or damage whatsoever (whether special, direct, indirect or consequential including actions for loss or damage was reasonably foreseeable and whether arising directly or indirectly as a result of or in connection with the presence of a Skip on the Highway or other site or as a result of the deposit of any waste or any other material in or around a Skip or otherwise.
19. The Customer shall indemnify and keep indemnified fully and effectively GBM Waste Management at all times from and against all actions, suits proceedings, claims, demands, costs and expenses whatsoever and howsoever arising which may be taken or made against GBM Waste Management or be incurred or become payable by GBM Waste Management as a result of any breach by the Customer of any of the Conditions.
20. Skips will be hired out to account customers for a maximum of 40 days. After the 40 day hire period, skips still on hire will incur a daily charge of £3 plus VAT for every day they remain on hire after the initial 40 day hire period, including weekends and holidays. Skips that are hired with a road permit will be hired for the duration of the permit received by the highways department.
21. Hirer is responsible to ensure the skip is insured against loss or damage and will indemnify the owner against all such losses.
22. Where access has been restricted to GBM (whether intentional or unintentional) for the collection of any skip after the allowed hire period, then the customer may become liable to pay a weekly hire charge for the skip until assess can be granted for the removal of said skip.

WARNING: It is a criminal offence under Section 139 and Section 140 of the Highways Act to fail to light a Skip properly during the hours of darkness: to fail to remove a Skip as soon as practicable after it has been filled and to fail to comply with any condition which the Highway

Authority may place on the granting of any permission to place a Skip on a highway.

Grantham Industries Limited, Registered office: Warwick Road, Fairfield Industrial Estate, Louth, Lincolnshire, LN11 0YB. Registered in England No. 04210565

GBM Oakham Limited, Registered office: Warwick Road, Fairfield Industrial Estate, Louth, Lincolnshire, LN11 0YB. Registered in England No. 15739110