“Us” means Maguire Skips Limited, Maguire Concrete Limited or any subsidiary, the parent or affiliated company.
“Customers” means the person or persons that placed an order for, or received good, or otherwise dealt with, agreed upon or contracted with Maguire Skips Limited, Maguire Concrete Limited or any subsidiary, the parent or an affiliated company.
“Services” shall mean the delivery, collection or transfer of skips, containers, waste.
“Goods” shall mean ready mixed concrete, containers, skips or other bulk goods or storage vessels as provided for on the reverse of this sheet or otherwise.
“Permitted Waste” shall mean any good from time to time that are generally permitted to be disposed of at a landfill or by way of recycling and shall specifically exclude items including but not limited to toxic waste, contaminated materials, fridges, tires, asbestos, gas bottles, munitions, dangerous items, batteries, solvents, astroturf or artificial surfaces, TV screens or computer monitors, fluorescent tubes or bulbs. All plasterboard/Gypsum waste must be disposed of separately. Any combination of plasterboard will incur a surcharge for the entire contents of the bin.
Customers warrant that only Permitted Waste shall be loaded or placed in skips, containers or other storage units provided by Us in the Services’ performance. The Customers agree to pay any reasonable additional charge levied by us regarding any such items that are not Permitted Waste, which are found upon collection of the aforesaid skips, containers, or other storage units.
Customers warrant that with respect to all Goods ordered that agree to be placed other than on the private property, the relevant Highway Authority’s permission has been duly obtained under section 32 of the Highways Act 1971 and pursuant to any other relevant legislation or bylaw which may apply. Customers undertake that they will ensure that all the conditions subject to which the aforesaid permissions are granted shall be observed at all times and, in particular, will secure that the container will be properly lighted during the hours of darkness.
In addition to Customer undertaking to observe at all times the conditions subject to which the permission of the relevant Highway Authority is granted as aforesaid (including, in particular, the provisions of lamps and traffic cones) if containers are sited anywhere else where they are likely to become to be a contributory cause of damage or injury to third parties during the hours of darkness Customers shall provide adequate warning lights on the containers and they shall also ensure the safe loading of the material into the containers.
Customers acknowledge that cement and concrete can cause irritation and burns to the skin and eyes if direct contact is made or clothing allowed to saturate, and agree to ensure that protective clothing and safety goggles are available and used at all times at their own expense.
Customers shall reimburse and indemnify Us in full in respect of any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with:
Any items not considered by Us to be Permitted Waste being placed, found, stored or otherwise present in any Goods on hire to them;
Requesting or ordering vehicles delivering or collecting Goods in the provision of the Services or otherwise to leave the public highway either damage to the vehicles themselves or the property of Customers or third parties;
Any loss or damage to any Goods whilst on hire to them from whatsoever cause the same may arise (fair wear and tear excepted);
Any claims for injury to persons or property arising out of the use of the Goods, the provision of Services or any circumstance which may lead to a third party making a claim against Us in respect of injuries however the same be caused or arise;
Any claim made against Us by a third party arising out of or in connection with the provision of the Services or the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance, or failure or delay in performance of this agreement by Customers, its employees, agents or subcontractors;
Any claim made against Us by a third party for death, personal injury or damage to property arising out of or in connection with defective Goods, to the extent that the deft in the Goods is attributable to the acts or omissions of Customers, its employees, agents or subcontractors.
Any Customers or third parties suffering injury or irritation as a result of coming into contact with cement or concrete or any other Goods supplied by Us as a direct result of their own negligent actions or arising from their failure to take suitable safety precautions as set out herein.
Maguire Skips Limited & Maguire Concrete Limited – April 2014
1 Brook Court, Blakeney Road
Beckenham, Kent, BR3 1HG