Terms of Business
CONCRETE NETWORK LIMITED trading as “SKIP SUPPLY NETWORK”
These Terms of Business (“Terms”) will apply to any contract between us for the supply of
services relating to the delivery, hire and subsequent collection of a skip (“Contract”). Please
read these Terms carefully and make sure that you understand them, before placing an order
with us. Please note that before placing an order you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to place an order with us.
Please note that Skip Supply Network uses local suppliers who have entered into an
agreement with Skip Supply Network to supply services which you may order from
Skip Supply Network (our “Network Partner(s)”).
Where you receive these Terms by email, you should print a copy or save them to your
computer for future reference.
We amend these Terms from time to time as set out in Condition 15. Every time you wish to
place an order, please check these Terms to ensure you understand the terms which will
apply at that time. These Terms were most recently updated on 14
th October 2019.
IF YOU ARE A CONSUMER YOUR ATTENTION IS DRAWN TO CONDITION 9 WHICH
SETS OUT YOUR RIGHTS AS A CONSUMER, INCLUDING WHEN YOU WILL HAVE A
RIGHT TO CANCEL THE CONTRACT AND WHEN YOU WILL LOSE THIS RIGHT, AND
CONDITION 10 WHICH EXPLAINS THE LIMITS ON OUR LIABILITY TO YOU.
WHEN WE REFER TO A “CONSUMER”, THIS MEANS AN INDIVIDUAL WHO IS
PLACING AN ORDER WITH US FOR THEIR PERSONAL PURPOSES AND NOT IN THE
COURSE OF ANY BUSINESS. IF YOU ARE PLACING AN ORDER IN THE COURSE OF
BUSINESS, WHETHER AS AN INDIVIDUAL OR NOT, YOU WILL NOT BE A CONSUMER.
These Terms, and any Contract between us, are only valid in the English language
- 1. Information about us
- 1.1 We are Concrete Network Limited trading as “Skip Supply Network”, a company
registered in England and Wales with company number 10761390 and with our
registered office at 47-49 Burrowfield Industrial Estate, Welwyn Garden City,
Hertfordshire, England, AL7 4SS (“We”, “Us”, “Our”). Our VAT number is 268402986. - 1.2 We operate the website www.skipsupplynetwork.co.uk,
together with a number of
regional variants which may change from time to time (each of our websites is
referred to as a “Site”). Please contact us if you would like a full list of the Sites we
operate as part of Skip Supply Network. - 1.3 Contacting us:
- IF YOU ARE A CONSUMER
- (a) To cancel a Contract in accordance with your right to do so as set out
in
Condition 9, you just need to let us know that you have decided to cancel. The
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easiest way to do this is to notify us that you wish to cancel, either by using
the notice set out in the Appendix to these Terms or by contacting us: -
Telephone: 0800 011 9875
Email: : sales@skipsupplynetwork.co.uk
Please be aware that we record telephone calls for training, customer service and
order monitoring purposes. If you are emailing us please include details of
your order to help us to identify it. If you send us your cancellation notice by
e-mail, then your cancellation is effective from the date you send the e-mail to
us. Condition 9.3 will apply to your cancellation. This means you may not
receive a full refund depending on when you cancel. - IF YOU ARE NOT A CONSUMER
- (b) You can cancel a Contract by giving us 24 hours written notice in
accordance
with Condition 9.8. You may not receive a full refund depending on when you
cancel. - (c) ALL CUSTOMERS
If you wish to contact us for any other reason, including because you have any
complaints, whether about us or our Network Partners you can contact our
Service team:Telephone: 0800 011 9875
Email: sales@skipsupplynetwork.co.uk
.
For Concrete Pumping Network customers:
Telephone: 0800 030 9149
Email: sales@skipsupplynetwork.co.uk
Please be aware that we record telephone calls for training, customer service and order monitoring purposes.Please be aware that we record telephone calls for training, customer service and
order monitoring purposes. - (d) If we have to contact you or give you notice in writing we will do so by
e-mail
or by pre-paid post to the address you provide to us in your order. - 2. How the Contract is formed between you and us
- 2.1 When you advise us by telephone that you wish to place an order for the
purchase of
services associated with the delivery, hire and subsequent collection of a skip
(“Services”) with us, we will provide you with a quotation. If you accept our quotation,
you are making an offer to us for the purchase of the Services subject to these Terms.
Please note that any quotations issued remain valid for 7 days from the date of issue. - 2.2 We will confirm that we accept your offer by verbally confirming acceptance
or by
sending you an email confirming acceptance, referred to in each case as the “Order”. - 2.3 These Terms and Conditions will become binding on you when:
- (a) we provide you with a written or verbal confirmation of the Order;
- (b) you make payment of all or any part of the Price to us; or
- (c) we commence processing of the Order,
- whichever is the earlier, at which point a “Contract” shall come into existence between
you and us. - 2.4 Any offer made by you is subject to acceptance by us. We may choose not to
accept
or to decline your offer for any reason, including but not limited to circumstances
where we do not have a Network Partner who is able to accept your Order, where you
intend to use the skip to dispose of Prohibited Materials (as defined at clause 6.5) or
where you have asked us to provide a skip for a Hire Location where it is not possible
or permitted to do so, and will not be liable to you or to anyone else in those
circumstances. - 2.5 You are responsible for confirming that the details of your Order are
correct. If you
identify an error in the Order you must notify us within 24 hours of receipt of the Order
confirmation. If you do not notify us of the error within this time, you will be bound by
the details set out, or referred to, in the Order confirmation. - 2.6 If we are unable to provide any Services, for example because we cannot meet
your
timescale to perform the Services, because it is not possible to obtain a Skip Licence
(as defined at clause 7.1) or where we are unable for any reason to provide the
Services, we will inform you of this and we will not process your Order. If we have
accepted your Order or you have already paid the Price, we will cancel your Order
and refund you the full amount (subject to any Additional Costs that may have been
incurred as a result of us or our Network Partner applying for a Skip Licence on your
behalf) as soon as possible and we will not have any further liability to you in respect
thereof. - 2.7 If, once we have accepted your Order, you wish to make a change to the
Services
you may request this either in writing or verbally followed by confirmation of your
request in writing. Any requested changes to the Order will be at our sole discretion
and we reserve the right to change the Price or charge you for any Additional Costs
resulting from changes we make to the Order at your request. Where we change the
Price or will incur Additional Costs as a result of your requested changes we will
inform you of these, at which point you will have 24 hours to accept or reject the
changes you have requested. If you agree to proceed at the amended Price or
Additional Costs we will refund you or charge you the difference between any amount
you have paid and the correct Price or Additional Costs. If you are not happy to
proceed, you may continue with your original Order or cancel it, in which case we will
refund you any amount you have already paid. - 2.8 If you require additional Services after you have placed your Order because
you have
under-ordered, you can place a supplementary order (“Top-Up Order”). Where you
wish to place a Top-Up Order, you will need to contact us rather than the Network
Partner who is supplying the Services. Each Top-Up Order you place will be a new
Order and will be a separate Contract between you and us. - 3. Price of Goods and Services and any Additional Costs
- 3.1 The price of the applicable Services will be as quoted to you verbally, or
otherwise
notified to you in writing in the Order (“Price”). We take all reasonable care to ensure
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that the Price is correct at the time of our Order. However please see Condition 3.5
for what happens if we discover an error with the Price. - 3.2 The Price does not include insurance costs whilst the skip is at the Hire
Location,
which will be your responsibility, or: - (a) the cost of any application for a Skip Licence (as defined in clause
7.1) which
you ask us to arrange on your behalf, including reasonable costs for the time
taken by us or our Network Partner to make the application; - (b) a waiting time fee in the event that you are not ready to accept
delivery of the
Services at the given estimated delivery time, or in the event that delivery of
the Services takes longer than agreed as a result of your actions or omissions; - (c) an overfilling charge in the event that you overfill the skip provided
as part of
the Services. In this context, “overfilling” means filling a skip to the extent that
items in the skip project vertically or horizontally beyond the sides of the skip
or the load in the skip is unevenly distributed; - (d) an additional charge in the event that the skip contains Prohibited
Materials
(as defined in clause 6.5) and either our Network Partner agrees to dispose of
such Prohibited Materials for you or we have to cancel your Order as a result; - (e) an additional charge in the event that we or our Network Partner are
required
to collect or move a skip at a time other than that agreed in the Order,
including where you ask for the skip to be collected or moved before the end
of the Hire Period, we or our Network Partner is required to collect or move
the skip by a local authority or law enforcement, or where you do not allow us
to, or we are unable to (other than where it is our fault or that of our Network
Partner), collect the skip at the end of the Hire Period or at the time agreed for
collection; - (f) service fee in the event that you have asked us to provide services
which are
outside our usual offering; - (g) charges for or any Services other than those for which we have quoted
and/or
which are set out in our Order; - (h) any other applicable additional costs; or
- (i) in the event of damage to, or the loss of, the skip whilst it is at the
Hire
Location, where such damage or loss is a result of your failure to comply with
the terms of this Contract, an additional cost to cover the repair or
replacement of the skip, excluding the cost of damage caused by fair wear
and tear, - (“Additional Costs”).
- We may charge you Additional Costs in accordance with our then current prices as notified
to
you either on our website or over the telephone when you are placing your Order. Any
Additional Costs will be charged in addition to the Price at the applicable rates as
notified to you when we provide you with a quotation or when we tell you about the
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additional Services which are required to obtain confirmation from you as to whether
or not you wish to proceed. - 3.3 The Price and any Additional Costs are exclusive of VAT (where applicable)
unless
otherwise stated, and VAT will be payable on the Price and any Additional Costs at
the applicable current rate chargeable in the United Kingdom for the time being.
However, if the rate of VAT changes between the date of your Order and the date of
delivery, we will adjust the VAT you pay, unless you have already paid for the
Services in full before the change in VAT takes effect. - 3.4 Where we are required to undertake any Services or provide additional Goods
over and above
those set out in our Order due to your default, including but not limited to lack of or incomplete instructions
or as a result of the need for additional work becoming apparent during the course of us providing the Services,
we reserve the right to charge you for any such additional Services as an Additional Cost. - 3.5 If we discover an error in the Price we will contact you as soon as
possible. We will
provide you with the correct Price, at which point you will have 24 hours to accept or
reject the correct Price. If you agree to proceed at the amended correct Price we will
refund you or charge you the difference between any amount you have paid and the
correct Price. If you are not happy to proceed or we do not hear from you, we will
refund you any amount you have already paid and the Contract will be cancelled. - 4. Payment
- 4.1 The Price and any Additional Costs, can be paid only by credit or debit card
unless
we have agreed to allow you to use an alternative payment method. - 4.2 Payment of the Price and any Additional Costs are due in cleared funds when
your
Order is placed with us. We will provide you with an invoice once payment is made. If
any Additional Costs arise after your Order is placed, we will discuss these with you
and raise an invoice with you which will be payable immediately. - 4.3 If you do not make payment to us in cleared funds when you place your Order
and
you are a consumer, we may: - (a) not process your Order until we have received payment of the Price and
any Additional Costs
in cleared funds; and - (b) suspend or cancel all or part of this Contract or any other contract we
may have with you. - 4.4 If you do not make payment to us in cleared funds when you place your Order
and you are not a
consumer, in addition to the remedies under Condition 4.3, we may charge you interest on the Price at the rate
of 4% above the base lending rate of the Bank of England from time to time. Where we charge you interest this
shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether
before or after judgement. - 5. Delivery and the Hire Period
- 5.1 Once you have placed your Order, the Network Partner who will be fulfilling
your
Order will contact you with an estimated delivery date and time for the Services. - 5.2 Delivery of the Services shall take place at the location agreed by us, you
and our
Network Partner (the “Hire Location”). No delivery will be made unless you have a
valid Skip Licence (as defined in clause 7.1) in place prior to delivery. - 5.3 The skip will be left with you at the Hire Location for a minimum of 7 days
unless we
have agreed a different period of time in the Order (the “Hire Period”) unless
terminated earlier in accordance with the Contract, and subject to clause 5.6 cannot
be moved during the Hire Period once it has been delivered by the Network Partner. - 5.4 If you do not accept delivery of the Services at the estimated delivery date
and time
agreed with our Network Partner or delivery of the Services takes longer than the time
slot which has been allowed for in our initial quotation when you placed your Order, or
our Network Partner is unable to collect the skip or complete the Services at the time
agreed in the Order, and this is as a result of your actions or failure to act (including a
failure to take delivery or permit access to the Hire Location) then we may charge
you, as an Additional Cost, a reasonable additional fee to cover the cost of any
additional time spent by our Network Partner attempting to complete the Order
beyond the time allowed in our initial quotation when you placed your Order. - 5.5 If you do not accept delivery of the Services within 24 hours of our Network
Partner
attempting to deliver the Services then we shall be entitled to terminate our Contract
with you in accordance with Condition 11.1 by giving you immediate written notice of
our intention to do so. - 5.6 In the event that, following delivery of the skip to the Hire Location, you
are required
to move or reposition the skip by a highways authority, local authority, by law
enforcement or in order to comply with a Skip Licence, you must contact us or the
Network Partner to arrange the movement of the skip. You are not permitted to move
the skip yourself. An Additional Cost will be charged for any movement of the skip in
accordance with clause 3.2(e). - 5.7 In the event that the Network Partner has to delay or is unable to complete
delivery or
collection of a skip under your Order for any reason, including but not limited to as a
result of any breakdown or failure in equipment, plant or machinery, it will be the
Network Partner’s responsibility to arrange an alternative date for delivery or
collection with you or for an alternate supplier to complete the Order. If the Network
Partner fails to do so, you should contact us and we will arrange another Network
Partner or alternate supplier to complete the Order for you. - 5.8 The skip provided by the Network Partner shall at all times remain the
property of the
Network Partner, and you shall have no right, title or interest in the skip other than the
right to use the skip subject to these Conditions. - 5.9 The risk of loss, theft, damage or destruction of the skip shall pass to you
when the
skip is unloaded by the Network Partner at the Hire Location. The skip shall remain at
your risk during the Hire Period and for any further time until collection by the Network
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Partner or a third party arranged by us. Whilst the skip is at the Hire Location, you
must comply fully with the provisions of these Conditions. - 6. Your obligations
- 6.1 By entering the Contract with us you agree that you will:
- (a) use the skip only for the intended purpose of disposing of permitted
materials
and not set a fire in, burn anything in or place any corrosive, acidic, noxious or
similar substances in the skip; - (b) not overfill the skip (as defined in clause 3.2(c));
- (c) not allow children in or around the skip;
- (d) provide us with an accurate description of the Services you require,
including
the type of skip you require and the duration for which you need it; - (e) co-operate with us and provide us with any information we may request in
order to facilitate the performance of the Contract including but not limited to
providing a full address for the Hire Location, contact details and details of any
road restrictions or restricted access which may affect our or our Network
Partners ability to deliver; - (f) ensure that the Hire Location and access to the Hire Location will be
suitable
for us or our Network Partners to deliver the skip and collect it, and that the
Hire Location will be suitable for the safe storage of the skip; - (g) indemnify us and our Network Partners against any damage or loss that
either
we, you, our Network Partners or any third party may suffer as a result of you
requesting delivery of the Services to the Hire Location, including but not
limited to any damage caused to vehicles as a result of any access or ground
which we or our Network Partner reasonably deem to be unsuitable and any
damage or loss suffered as a result of damage to a skip, damage caused by a
skip or the theft or removal of a skip by a third party; and - (h) sign, and comply with, the site entry form provided by our Network
Partner
before our Network Partner commences delivery of the Services. For the
avoidance of doubt, our Network Partner is not permitted to commence
delivery unless you have signed a site entry form; - (i) where the Hire Location is a public location, ensure that there are
adequate
safety lights and reflective markings on and around the skip so that it is visible
at all times from a reasonable distance; - (j) comply with any conditions attached to a Skip Licence (as defined at
clause
7.1); - (k) ensure that, where applicable, you have sufficient competent personnel
and
appropriate equipment to promptly accept delivery of the Services; - (l) if requested by us or the Network Partner, allow the Network Partner
access
to the Hire Location for up to sixty minutes prior to delivery of the skip and up
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to sixty minutes following collection of the skip in order to set up, clean out and
prepare any plant and machinery for travel; - (m) if requested by us or the Network Partner, provide temporary lighting
for the
duration of the delivery or collection of the skip; - (n) not move, mark, alter or otherwise make any changes to the skip, the
siting,
placement or location of the skip once it has been delivered by the Network
Partner under any circumstances and, if required by any highways authority,
local authority or law enforcement official, contact the Network Partner to
arrange the movement of the skip; - (o) take adequate measures whilst the skip is at the Hire Location to
protect the
skip from theft or damage, and will notify us and our Network Partner
immediately in the event of theft of or damage to the skip, ceasing to use the
skip whilst damaged; - (p) notify us and our Network Partner of any accident, incident, injury or
property
damage resulting from your use of the skip; - (q) take out and maintain appropriate insurance in relation to your use of
the skip
at the Hire Location for the time that the skip is at the Hire Location; and - (r) comply with any health and safety, environmental or construction
legislation or
regulations which apply to your use of the skip. - 6.2 You acknowledge that we and our Network Partners will not be liable for any
damage
or loss that you may suffer as a result of you not complying with Condition 6.1. - 6.3 Other than where we have agreed to apply for or obtain a licence or permit
for you in
accordance with clause 7, you are responsible for ensuring that any relevant
permissions, licences or consents have been obtained prior to the estimated delivery
date and we and our Network Partners will not be liable for any damage or loss that
you may suffer as a result of you not having obtained any such permission, licence or
consent. - 6.4 By placing your Order with us you are warranting that you own the Hire
Location or
have express permission from the owner of the Hire Location to have the skip stored
at the Hire Location for the duration of the Hire Period. - 6.5 Our Network Partners are not able to collect skips containing certain
materials, and
you are not permitted to put such materials in a skip which you have hired under your
Order. These materials, which we refer to as “Prohibited Materials”, are:- (a) mattresses;
- (b) televisions, computer monitors and other electrical goods;
- (c) asbestos;
- (d) tyres;
- (e) fluorescent tubes or sodium lamps;
- (f) aerosols;
- (g) anti-freeze or brake fluid;
- (h) printer cartridges of any type;
- (i) fridges and white goods;
- (j) paint and paint tins (unless empty);
- (k) plasterboard;
- (l) pesticides;
- (m batteries;
- (n) medical or similar hazardous waste;
- (o) gas cylinders;
- (p) liquids;
- (q) solvents, oils, petrol or diesel;
- (r) materials with explosive properties;
- (s) liquid cement or concrete;
- (t) any materials which are corrosive, acidic, noxious or dangerous to
human
health; and - (u) any other items which we or our Network Partner notify you cannot be
put in a
skip at any time.
- 7. Skip licences
- 7.1 You are not permitted to keep a skip on a public highway without a valid
licence
issued by the appropriate highway authority or local authority. When placing your
Order, you warrant that, unless you have asked us or our Network Partner to obtain a
licence on your behalf, you have a valid licence from the relevant highway authority or
local authority permitting you to keep the skip at the Hire Location for the duration of
the Hire Period (a “Skip Licence”). - 7.2 Where you are providing the Skip Licence, you must provide a copy of the
Skip
Licence to us and our Network Partner, and notify us of the date of expiry of the Skip
Licence and any conditions attached to the grant of the Skip Licence. - 7.3 Where you have asked us to arrange a Skip Licence for you, we or our Network
Partner will make an application to the relevant highway authority or local authority on
your behalf, and you agree that we may do so. A single application for a Skip Licence
will be made on your behalf and, if this is unsuccessful, we or our Network Partner will
not make any further applications unless we have agreed with you that we will do so.
Each application for a Skip Licence will be charged as an Additional Cost. - 7.4 Where you have asked us to arrange a Skip Licence for you, you will need to:
- (a)notify us and our Network Partner of any previous applications for
licences to
keep a skip at the Hire Location, including whether those applications were
successful and any conditions attached to the grant of such licences; - (b)notify us and our Network Partner of any action taken by a highway
authority,
local authority or law enforcement in relation to your use of a skip at the Hire
Location; - (c)provide us and our Network Partner with any information which we or
our
Network Partner request as part of the application process for the Skip
Licence as soon as reasonably possible; - (d)do anything which we or our Network Partner request as part of the
application process for the Skip Licence as soon as reasonably possible; - (e)not do, or permit to be done by any other person, anything that may
invalidate,
breach or otherwise have a detrimental impact on the Skip Licence; and - (f)comply with any conditions attached to the Skip Licence. By asking us
to
arrange a Skip Licence for you, you acknowledge that you will have no control
over the conditions which may be attached to the Skip Licence and that we,
and our Network Partner, shall have no liability to you in the event that you are
not satisfied with the conditions attached to the Skip Licence.
- (a)notify us and our Network Partner of any previous applications for
- 7.5 We, and our Network Partner, are unable to deliver the Services where there
is not a
valid Skip Licence in place for the Hire Location. If you have asked us to arrange a
Skip Licence, it may take up to 10 working days from the date of application for a Skip
Licence to be issued and we will not be liable for any delay in delivering a skip which
results from there not being a valid Skip Licence in place at the time of the original
estimated delivery date. - 7.6 If you have asked us to arrange a Skip Licence and an application for a Skip
Licence
has been unsuccessful, we reserve the right to terminate this Contract immediately
and refund you the Price, excluding any Additional Costs in relation to the cost of the
Skip Licence application(s). - 8. Warranty
- 8.1 We will endeavour to transfer to you any warranty given by the Network
Partner in
relation to any Services supplied. We do not offer any warranty or guarantee other
than as set out in the Conditions or implied by law. - 8.2Any images or descriptions of Services on our Site are for illustrative
purposes only.
Although we have made every effort to display and describe the Services accurately,
we cannot guarantee that the images and descriptions on our Site are accurate and
Services may vary slightly from those images and descriptions provided. - 9. Your rights of cancellation, return and refund
- 9.1 Except as set out in Conditions 9.2, 9.3, 9.4 and 9.8 below, where you
decide to
cancel the Contract we will refund you the Price which you have already paid using
the payment method used by you to pay.
you
cannot do so once we have started to deliver the Services, including once our
Network Partner has begun to deliver the skip at the Hire Location. If you cancel after
we have started to deliver the Services, you must pay us for the Services provided up
until the time you tell us that you have changed your mind and cancelled the Contract.
cancellation right in relation to the services you have ordered which allows you
to cancel the contract within 14 days of placing your Order in order to receive a
full refund. However, if you request that we provide the Services within 14 days
of the date of your Order, you will not be able to cancel the Order once we have
started to deliver the Services. If you are a consumer you can cancel your Contract
with us at any point before we commence performance of the Services by contacting
us as set out in Condition 1.3 and either using the format set out in the Appendix or
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by telling us you wish to cancel and including the information outlined in Condition 1.3
and the Appendix:
- (a)If you contact us because you wish to cancel the Contract less than 24
hours
before the estimated delivery time we may retain a reasonable proportion of
the Price and Additional Costs up to 50% of the Price and Additional Costs of
your Order. - (b)If you cancel the Contract whilst our Network Partner is travelling to
deliver the
Services we may retain a reasonable proportion of the Price and Additional
Costs of your Order to cover our administrative costs, the cost of assigning a
Network Partner to deliver the Services and the Network Partner’s cost in
travelling to deliver the Services.
performed with reasonable care and skill or not as described. These legal rights are
not affected by your right of return and refund in this Condition 9 or anything else in
these Terms. Advice about your legal rights is available from your local Citizens’
Advice Bureau or Trading Standards office. After you have purchased the Services,
your legal rights entitle you to request the re-performance of the Services or, if this
would not be possible or could not be easily done within a reasonable time, a price
reduction, where the Services have not been performed with reasonable care and
skill or are not as described.
us in
the ways set out in Condition 1.3 and, where requested by us, must contact the
Network Partner who provided the Services to arrange for re-performance.
make any
refund due to you as soon as possible and in any event within 14 days after the day
on which you notify us of your valid request for a reduction in the Price.
set
out in Conditions 9.3, 9.4, 9.5 and 9.6 do not apply to you.
notice. If
you contact us because you wish to cancel the Contract less than 24 hours before the
estimated delivery time we may retain up to 50% of the Price and Additional Costs of
your Order. If you cancel the Contract whilst our Network Partner is travelling to
deliver the Services we may retain up to 100% of the Price and Additional Costs of
your Order.
10.
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation.
- 10.2 We will not be liable to you in relation to the acts or omissions of our
Network Partner
that cause you loss or damage, but if you have a complaint in relation to our Network
Partner please contact us and we will help you to resolve it with our Network Partner
directly. - IF YOU ARE A CONSUMER
- 10.3 If we fail to comply with these Terms, we are responsible for loss or
damage you
suffer that is a foreseeable result of our breach of these Terms or our negligence, but
we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if it is an obvious consequence of our breach or if it was
contemplated by you and us at the time we entered into this contract. - 10.4 We only supply the Services for domestic and private use. You agree not to
use or
purchase our Services for any commercial, business or resale purposes, and we have
no liability to you for any loss of profit, loss of business, business interruption, or loss
of business opportunity. - IF YOU ARE NOT A CONSUMER
- 10.5 Subject as expressly provided in these Terms, all warranties, conditions or
other
terms implied by statute or common law are excluded to the fullest extent permitted
by law. In particular, we make no warranty as to the fitness of the skip for any
particular purpose even if that purpose is stated in your Order. This exclusion
includes recommendations or advice from us to you relating to a specific enquiry. You
must satisfy yourself as to the fitness for the purpose for which the skip is intended. - 10.6 We shall not be liable for a breach of warranty in accordance with
Condition 8 unless:- (a) you give written notice of the breach to us within 2 days of
discovery of the
defect; and - (b) we are given a reasonable opportunity after receiving the notice to
examine the
result of the Services and you comply with any request from us to enable us to
inspect the result of the Services.
- (a) you give written notice of the breach to us within 2 days of
- 10.7 We shall not be liable for breach of warranty under Condition 8 if:
- (a) you make any further use of the skip provided as part of the
Services or the
result of the Services after giving notice under Condition 10.6(a); or - (b) the breach arises because you have failed to follow our or the
Network
Partner’s instructions (whether oral or in writing) in relation to the Services or (if
there are none) good trade practice; or - (c) you interfere with or alter the provision of the Services or attempt
to rectify or
alter the result of the Services without our written consent.
- (a) you make any further use of the skip provided as part of the
- 10.8 Where any valid claim in respect of the Services is made by you, we shall
be entitled
at our option to:- (a) re-perform the Services where found not to conform to warranty at
our cost; or - (b) at our sole discretion, refund to you the Price (or a proportionate
part of the
Price), excluding Additional Costs other than where such Additional Costs relate
to the aspect of the Services about which you have made a valid claim, of the
Services found not to conform to warranty,
and subject to Condition 10.1 we shall have no further liability to you.
- (a) re-perform the Services where found not to conform to warranty at
- 10.9 Subject to Condition 10.1, our liability in connection with the sale and
supply of the
Services shall be as follows:- (a) in respect of any loss of profits, loss of business, loss of
goodwill, loss of
anticipated savings or loss of use, our liability shall be nil; - (b) for any type of consequential, special or indirect loss or damage,
our liability
shall be nil; and - (c) in respect of all other types of direct loss (whether in contract,
tort or otherwise)
our total aggregate liability under the Contract shall not exceed the total Price of
the Services.
- (a) in respect of any loss of profits, loss of business, loss of
- 10.10 Any claim by you under this Condition 10 in respect of any Services shall
not entitle
you to withhold or delay payment in respect of any other goods or services in respect
of which no such claim has been made whether or not those goods or services form
part of the same Contract. - 11. Termination and Consequences
- 11.1 Without prejudice to any other remedies or rights under the Contract or
otherwise, we
may terminate the Contract with you at any time by giving you written notice if you:- (a) commit a material breach of any of the Terms, which shall include
non-payment of the Price or any Additional Costs, failure to accept delivery of
any Services within 24 hours of us, or our Network Partner, first attempting to
make delivery, and (if such breach is remediable), fail to remedy the breach
within such time period deemed appropriate by us at the time, of being notified
in writing; or - (b) are a consumer and you are the subject of a bankruptcy petition or
order or
we believe it reasonably likely that you will be the subject of a bankruptcy
petition or order; or - (c) are not a consumer and suspend, or threaten to suspend, payment of
your
debts, or make any voluntary arrangement with your creditors or become
bankrupt or subject to an administration order or go into liquidation (other than
for the purposes of amalgamation or reconstruction) or we reasonably believe
that any of the events in this Condition 11.1(c) is about to occur and notify you
of such.
- (a) commit a material breach of any of the Terms, which shall include
- 11.2 Upon termination of the Contract for any reason:
- (a) we or our Network Partner may collect any skip currently in use at
any point
following termination; - (b) if you have made full payment for any Services we or our Network
Partner
may deliver them to you or alternatively refund you the Price and any
Additional Costs at our discretion; or - (c) if you have not made full payment we, or our Network Partner may
refund you
any part of the Price which you have paid less our reasonable administrative
costs; andin each case the accrued rights and remedies of each party as at termination and the
continuation of any provision expressly stated to survive or implicitly surviving
termination, shall not be affected.
- (a) we or our Network Partner may collect any skip currently in use at
- 12. Complaints
- 12.1 If you have any complaints, you can contact us:
Telephone: 0800 011 9875
Email: sales@skipsupplynetwork.co.uk
.
Please be aware that we record telephone calls for training, customer service and order
monitoring purposes. - 13. How we use your personal data
- 13.1 We will collect your personal data as part of our Contract with you. We
only use your
personal data in accordance with the Privacy Policy available on our Site. Please
ensure you read the Privacy Policy as it includes important information which will
apply to you. - 14. Events outside of our control
- 14.1 We will not be liable or responsible for any failure to perform, or delay
in performance
of, any of our obligations under a Contract that is caused by any event or event which
is beyond our reasonable control (“Event Outside Our Control”). - 14.2 If an Event Outside Our Control takes place that affects the performance of
our
obligations or those of our Network Partner under a Contract: - (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations and those of our Network Partner under a Contract will
be
suspended and the time for performance of our obligations will be extended
for the duration of the Event Outside Our Control. Where the Event Outside
Our Control affects delivery times we will arrange a new delivery time, as
appropriate, with you after the Event Outside Our Control is over. - 14.3 You may cancel a Contract if it is affected by an Event Outside Our Control
which has
continued for more than 5 days. To cancel please contact us. If you opt to cancel, we
will refund any part of the Price which you have already paid. - 15. Our right to vary these Terms
- 15.1 We amend these Terms from time to time. We state at the beginning of the
Terms
when they were last updated. Every time you place an Order with us, the Terms in
force at the time of your Order will apply to the Contract between you and us. - 15.2 We may revise these Terms as they apply to your Order from time to time to
reflect
any changes in relevant laws and regulatory requirements. - 15.3 If we have to revise these Terms as they apply to your Order, we will
contact you to
give you reasonable advance notice of the changes and let you know how to cancel
the Contract if you are not happy with the changes. If you opt to cancel, we will refund
any part of the Price which you have already paid. - 16. Other important terms
- 16.1 We may transfer our rights and obligations under a Contract to another
organisation,
but this will not affect your rights or our obligations under these Terms. - 16.2 Where we refer to “in writing” in these Terms, this includes email.
- 16.3 You may only transfer your rights or your obligations under these Terms to
another
person if we agree in writing. - 16.4 This Contract is between you and us. No other person shall have any rights
to enforce
any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or
otherwise. - 16.5 Each of the Conditions of these Terms operates separately. If any court or
relevant
authority decides that any of them are unlawful or unenforceable, the remaining
Conditions will remain in full force and effect. - 16.6 If we fail to insist that you perform any of your obligations under these
Terms, or if we
do not enforce our rights against you, or if we delay in doing so, that will not mean
that we have waived our rights against you and will not mean that you do not have to
comply with those obligations. If we do waive a default by you, we will only do so in
writing, and that will not mean that we will automatically waive any later default by
you. - 16.7 Please note that these Terms are governed by English law. This means a
Contract for
the purchase of Services and any dispute or claim arising out of or in connection with
it will be governed by English law. You and we both agree that the courts of England
and Wales will have non-exclusive jurisdiction. However, if you are a resident of
Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a
resident of Scotland, you may also bring proceedings in Scotland.