Terms & Conditions
All bookings are subject to our terms and conditions
Skip hire terms and conditions
Definitions
1.1. “Contract” means the Contract for the hire of the Equipment.
1.2. “Customer” refers to the company or person that has requested the hire of Equipment from Recycle Fife Ltd.
1.3. “Equipment” refers to skips hired through Recycle Fife Ltd.
1.4. “Owner(s)” and “Agent(s)” refers to the company or person that owns the Equipment and who acts for Recycle Fife Ltd as its agent or subcontractor.
1.5. “’Site” refers to where the Equipment is to be deposited at the request of the Customer.
1.6. “Vehicle” refers to the Owner’s vehicle or other authorised vehicle involved in the delivery or collection of the Equipment.
1.7 “Recycle Fife Ltd” refers to Recycle Fife Ltd.
2) Basis of contract
2.1) The parties to this contract are the Customer and Recycle Fife Ltd, Cartmore Industrial Estate, Lochgelly, KY5 8LL
2.2) This contract is subject to the conditions contained herein and constitutes the entire agreement between the parties to the contract superseding all previous agreements or arrangements.
2.3) Any quotation or representation of price is made based on information available at the time of the request and is a price indication only given in good faith. Recycle Fife Ltd reserves the right to vary the price without notice at any time prior to the order having been accepted by Clearabee.
2.4) Recycle Fife Ltd Reserves the right to vary the equipment provided to meet statutory or safety requirements.
2.5) The term of hire for the Equipment shall be 7 days unless otherwise agreed in writing. Recycle Fife Ltd shall be entitled at its own discretion to leave the Equipment on site for a longer period, and shall be entitled to collect the Equipment upon having given notice to the Customer.
2.6) Nothing in this contract shall limit or restrict the statutory rights of the Customer.
3) Location of the equipment
3.1 The Customer agrees to notify Recycle Fife Ltd in writing and in advance of any delivery or collection if there are any special requirements for delivery such as avoidance of a particular route or approach, weak surfaces, drain covers, narrow roads or driveways, easily damaged driveway surfaces or manhole covers, new tarmac or asphalt surfaces, fragile brickwork, low hanging trees, lamps or buildings or any other factor that needs to be taken into consideration during delivery and collection of the Equipment.
3.2) If the equipment is to be placed anywhere other than on private land then the siting of the equipment may require permission from the highway authority as required by section 139 of the Highways Act 1980. The Owner or Agent will ordinarily obtain the required permissions and it shall be their responsibility to ensure the correct permission is obtained and is valid for the required period.
3.3) The Customer must take all reasonable precautions to ensure that the Equipment is properly lit and is visible to traffic during the hours of darkness and that the conditions of the granting of the license are met.
3.4) The Customer will ensure that there is sufficient space and access to deliver the Equipment. The Customer must ensure that the Equipment remains in a position from which it can be safely removed. The Customer must ensure that there is sufficient space and access to remove the Equipment. If the Owner or Agent is unable to remove or deliver the Equipment due to access or siting issues then the Customer may be liable to additional costs.
4) Customer warranties
The customer warrants:
4.1) That it will only use the Equipment for it’s proper purpose and in a safe and reasonable manner and that all activities undertaken by the Customer are legally compliant and do not affect the ability of Recycle Fife Ltd to comply with legislation.
4.2) That it will pay to Recycle Fife Ltd the full replacement cost on a new for old basis of any Equipment that is lost or stolen or damaged beyond economic repair while on hire. The Customer shall further pay to Clearabee the usual hire charges for the period of loss until Recycle Fife Ltd have received payment for the lost, stolen or damaged Equipment.
4.3) To light no fire nor to burn anything inside the Equipment. To place no corrosive or noxious substances in the Equipment. Not to put liquid cement, concrete or resins in the Equipment.
4.4) Not to put liquid cement, concrete or resins in the Equipment.
4.5) That it will take care of the Equipment and notify the Owner or Recycle Fife Ltd immediately if the Equipment is damaged or lost.
4.6) That the waste material to be removed does not fall within the definition of Hazardous Waste contained in the Hazardous Waste regulations or 2005 or as amended or as listed by the List of Wastes regulations 2005 or as amended.
4.7) Not to place or allow to be placed in the Equipment any material that is restricted or hazardous or toxic/dangerous waste. This includes, but is not restricted to: any heat exchanging device containing gas, batteries, gas cylinders, , asbestos, fluorescent light tubes or bulbs, paint or solvents, aerosol canisters, liquids or oil and clinical or medical waste.
An additional charge will apply if any of these materials are present inside the Equipment at removal. The Customer warrants to pay such additional charges immediately on demand by Clearabee.
4.8) That it will take adequate and appropriate measures to protect the Equipment from loss, damage, theft or other risks and will return the Equipment in good condition.
4.9) That it will not continue to use Equipment that has been damaged in any way.
4.10) That is will not fill the Equipment above any indicated fill level, and not above the sides or ends of the Equipment. If the Equipment is unsafe to collect due to any actions of the Customer, the Customer will be liable to Recycle Fife Ltd for the costs of any failed collection visit.
4.11) That it will notify Recycle Fife Ltd in the event that the Equipment is moved by the Customer to a new Site and will provide full details of that Site.
4.12) That it will keep the Equipment in its custody and control at all times and that it will ensure the Equipment is removed only by Recycle Fife Ltd or the Owner or Agent, and that it will require and check the credentials and identity of any persons who visit the Site and purport to be authorised to collect the Equipment. (For the avoidance of doubt, being in possession of a skip lorry does not confer any legitimacy to collect Equipment)
4.13) That it will not allow removal from Site of any Equipment by any person not properly credentialed and identified. All legitimate removal operatives will be able to provide identity and proof of authorisation to remove the Equipment and if there is any doubt, then the Customer should immediately contact Recycle Fife Ltd Customer Support for verification before allowing the collection to proceed.
4.14) That if the Equipment is returned with any damage, defect or contamination, other than fair wear and tear, the Customer shall be liable to Recycle Fife Ltd for the cost of repairs, cleaning or decontamination and also the cost of hire until such works have been completed and the Equipment is in suitable condition for hire.
5) Limitations of liability.
5.1) Recycle Fife Ltd shall have no liability to the Customer for any consequential losses (including loss of profits and, or damage to goodwill), economic and, or other similar losses, special damages and other direct and indirect losses or for business interruption, loss of business or opportunity.
5.2) Should Recycle Fife Ltd be found liable in respect of any loss or damage to the property of the Customer then such liability shall be limited to the reasonable cost of replacement of the damaged property.
5.3) The Customer shall provide Recycle Fife Ltd with a reasonable opportunity to remedy any matter for which it is liable before expending any costs. Should the Customer fail to do so, then Recycle Fife Ltd shall have no liability to the Customer for any related loss or damage or costs.
5.4) Recycle Fife Ltd shall have no liability to the Customer for any loss or damage for which the Customer is insured.
5.5) Recycle Fife Ltd will use reasonable endeavours to fulfill the Customer request for delivery at a time and date specified by the Customer at the time of booking or reasonable alteration of such booking. All expected delivery times and dates are estimated time and dates only and Recycle Fife Ltd shall not be liable for any delay to the delivery of the Equipment to the Site regardless of how the delay was caused. Time for the delivery of the Equipment shall not be of the essence.
5.6) Recycle Fife Ltd shall not, in any event, be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond the reasonable control of Recycle Fife Ltd. Nothing in this Contract shall exclude or limit the liability of Recycle Fife Ltd for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.
6) Customer indemnities
The Customer agrees to indemnify Recycle Fife Ltd in respect of all losses or liabilities that result from:
Misuse of the equipment by the Customer including, but not limited to, the placing of hazardous or other improper materials in the Equipment.
Any third party or Owner charges that result from the Customers use of the Equipment.
Any breach of these terms and conditions.
Damage to property or injury to persons that result from use of the hired Equipment.
Loss of or damage to the Equipment.
Any additional charges made by the owner of the equipment for damage to the equipment or due to the nature of the waste that may be placed in the equipment.
Placement of the Equipment at the request of the Customer that results in damage to the vehicle or damage to any property, wall, fence or street furniture or surface whether on a public or private location.
Any damage to customer property howsoever caused.
7) Risk and title
Title to the Equipment shall remain at all times with the owner. The customer agrees not to sell, hire, assign or deal in any other way with title to the Equipment
Risk in the Equipment will pass to the Customer upon delivery and will not pass to Clearabee or the Equipment owner or their agent until it is in back in the physical possession and control of the same.
8) Termination
If the contract is terminated under any circumstances the Customer shall pay to Recycle Fife Ltd any amounts outstanding at the time of termination together with any sums which subsequently become due in relation to damage to the Equipment or the nature of the waste placed in the Equipment.
9) Price, payments and cancellations
Payment must be made by credit or debit card or by bank transfer if agreed prior to the transfer. The customer irrevocably agrees that Recycle Fife Ltd may charge their payment card for any additional charges due such as damage to the Equipment or charges for any waste placed in the Equipment contrary to these terms and conditions.
The customer agrees to pay any additional charges due within 7 days of a demand by Recycle Fife Ltd for payment.
The Customer may cancel the order at any time prior to the point at which we have started to incur costs in respect of the order. For the avoidance of doubt this will normally mean that a skip delivery must be cancelled before 3pm on the working day prior to the scheduled delivery date. Provided the service is cancelled prior to any cost being incurred, any payments will be refunded to the Customer.
10) General
If any part of this agreement is in whole or in part shall be held to be unenforceable under any law or other provision or enactment, such a term shall be deemed only to that extent not to form part of this agreement but the remainder of terms shall not be affected and remain valid and enforceable.
Skip Hire Terms & Conditions
Please consider the suitability of your driveway surfacing for the weight of the skip vehicle and skip, particularly when filled. When placing a skip on your driveway all obstructions must be cleared in order for the skip to be offloaded and collected safely.
Price is based on automatic uplift 7 days from time of delivery however skips can be picked up earlier to suit your requirements and longer term hires are available by contacting us.
Extended hire beyond hire period - £2.00 per day. Payable in advance of Auto-Uplift. If you call whilst the skip is being uplifted, min haulage charge of £65.00 will be payable.
Skips cannot be placed over manhole covers or water hydrant covers.
Please do not overfill any higher than the top of the skip. LEVEL LOADS ONLY. Contents MUST be loaded sensibly. Skips which are overloaded are unable to be collected.
NO Asbestos - Contamination charges WILL apply. NO Human/Animal waste including nappies.
NO Paint/Oil or Chemicals. NO Liquids NO Hot Ash NO Food Waste
Any prohibited items found in a skip will be charged to the hirer for disposal of the items.
Customers ordering skips to be placed on public roads, do so at their own risk. If the skip is to be placed on a public road or verge, a skip permit from the relevant Local Authority will be required. It is the customer's responsibility to arrange permits.
Are the skips safe on my property?
Liability for the skip is with the person that hired the skip during the duration of the hire. Recycle Fife will not be held responsible for any damage caused if the hirer requests that the driver take the vehicle off the public highway to deliver/position/uplift the skip.
Basis of sale
The whole of the agreement between the customer and Recycle Fife Ltd shall be set out in these terms and conditions to the exclusion of all other terms and conditions.
Where we are able to provide a quote for our services without first needing to inspect the location where our services are to be provided then a contract shall be created between us on your acceptance of our quote, whether by telephone or email or otherwise.
We reserve the right to vary our quoted price if at the time of collection the information you provided to us at the time of quotation was incomplete or inaccurate. We reserve the right to vary any quoted price if, during the process of the collection, new information regarding the nature of the waste becomes apparent whether or not this could have been ascertained at the start of the process. Any cost provided in advance of the collection will normally be an estimate only.
Provision of services
Unless we are prevented from doing so by a Force Majeure Event, we will provide services with reasonable care and skill.
We will make every effort to provide the services on dates provided but there may be delays due to circumstances beyond our control. In this case we will inform you to arrange a revised date as soon as reasonably possible. Where we provide you with an estimated time of arrival this should not be construed as offering any form of guarantee as to the time upon which we will attend..
You shall provide our employees with free and safe access to the location on the premises from where the rubbish is to be removed. You shall also notify us of any special circumstances which may be relevant to our quotation, including but not limited to, if the rubbish is difficult to get to, if any items are large or heavy, if it involves our staff working at height, if the rubbish is secured, if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park free of charge outside the premises where the rubbish is to be collected from. If you do not, or you provide us with incomplete or inaccurate information or instructions, we may cancel a collection at any time, either on attendance at site or by giving you notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required.
In the event that we attend the premises in your absence you undertake to provide us with the reliable means to contact you and take payment prior to the collection proceeding. Failure to do so may result in the collection failing in which circumstances Recycle Fife Ltd is not to be held liable for any loss or damage howsoever incurred.
You confirm that you have the full authority for us to collect and dispose of the rubbish. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of your not having the authority for us to clear the rubbish including any containers.
If we detect or suspect there may be any asbestos, syringes, drug paraphernalia or other hazardous or dangerous substances or materials on site we may at our sole discretion, immediately vacate the premises, and will not be responsible for further collection and disposal. In such circumstances you shall still be fully liable to pay for our attendance in full and for any waste already removed.
If we need to engage expert services to remove such materials already loaded onto our trucks, or having been tipped at a transfer station, we reserve the right to charge you for such services, if at the time of removal we were unaware of any asbestos or other hazardous or dangerous substances or materials in what has been removed. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of us transferring hazardous material to a transfer station where we were unaware of the presence of such material at the time of the transfer.
We will agree to sign a Waste Transfer Note provided by you at the location and time of the collection. We do not agree to provide any further documentation other that at our discretion and we reserve the right to charge an administration fee for any documents that we provide other than a standard Waste Transfer Note. It is the waste producers responsibility to provide a Waste Transfer Note and the producer of the waste should retain this document for at least two years. Where we have the Waste Transfer Note stored, we will provide a single copy on request for a period of two years after the collection, but we reserve the right to charge a reasonable administration fee for multiple documents or for requests that we consider to be unreasonable or vexatious.
Any sharp or dangerous objects e.g. knives and broken glass should be separately stored in an appropriate container by you before we arrive for the collection. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our staff.
Payment and price
All prices are subject to VAT.
For non-account customers an attendance fee will be taken at the time of booking. In consideration of this payment a vehicle will attend the site where the waste is located, however the payment does not guarantee that any work will be carried out. This fee is for attendance only, and no amount of waste removal is included.
Payment must be made at the time of collection unless the work is being carried out on behalf of an account holder, or a prior agreement has been made. In the event payment is not made, any waste collected may be returned to the producer. Payments not made within 14 days of the collection date or on the due date for account holders will incur an administration fee of £40 for invoices up to £999.99; £70 for invoices up to £9,999.99 and £100 for invoices over £10,000.00. We reserve the right to charge interest on any unpaid balance at the rate of 8% above the base rate as set from time to time by The Bank of England. We do not assume ownership of any waste collected until payment for the collection has been made and a transfer note has been provided to the customer.
We may invoice you at any time after we have provided the services. Invoices must be paid within 30 calendar days of the date of the invoice save by prior agreement. Invoices to customers who do not have a prior credit account arrangement with Clearabee are due to be paid upon receipt.
Time for payment of our invoices shall be of the essence of the contract.
Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.
We may from time to time carrying out credit checks with credit reference or other agencies to establish the current credit status of account holders. Should the credit status of an account holder diminish or change in any way that we consider to be adverse then we reserve the right to lessen the credit amount offered or to close the account. In the event that we change the amount of credit offered then the balance of outstanding credit over that amount will immediately become due and we will be entitled to treat the overdue amount as if it had become overdue in the normal way.
We reserve the right to close your account at any time without notice if, in our sole opinion, the account holder or any representative or agent of account holder has been, or is suspected of having been party to bribery, corruption, illegal practices, solicitation of companies that hold accounts with Clearabee, solicitation or offers of employment to current Recycle Fife Ltd staff or any other act that may be considered by us to be to the detriment of Recycle Fife Ltd Should we close your account then we may at our sole discretion make an immediate demand for all payments for collections as yet unpaid, to be paid within 14 days of the date of demand whether invoiced at the time of account closure or not. For clarity, we will be entitled to require all collections undertaken before the date of account closure, whenever normally due to be paid within 14 days of account closure.
You shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. Should any amount due become over 7 days overdue then we reserve the right to require immediate payment of all amounts due regardless of the due date on the invoice.
Cancellations and charges
We may, at our discretion refund the attendance fee if you wish to cancel a booked collection provided such a request to do so is received at any time on the business day preceding the date of the collection by email info@recyclefife.comor by telephoning us on 01592 781984.
Where you may be deemed to be contracting as a “consumer” then you will additionally have the right to cancel a booking at any time up to the end of fourteen days after the day on which the contract is concluded, subject to the following provisions.
(a) You do not have the right to cancel the contract if the supply of our services begins with your agreement before the end of the fourteen day cancellation period. It is assumed we have your agreement if we are required to carry out our work within this period.
(b) To exercise the statutory right of cancellation, you must provide us with written notice.
If we are unable to remove any items from the premises as, for example, they are too large to fit through the doorways, then if we agree, in our discretion, to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway, if we are still unable to remove the item from the premises, then we shall not be responsible for the reassembly of such an item.
We allocate 30 minutes for removal to our vehicle at the premises specified. Where it takes us longer than the allocated time we reserve the right to charge for each additional minute of labour at such rates as displayed on the Company’s website from time to time.
If in the sole judgement of our vehicle team the weight of the collection exceeds the weight allowance per cubic yard published on our website, we reserve the right to charge for the whole collection by weight.
‘Difficult waste’ (including but not limited to fridges and car tyres) is charged at such rates as displayed on the Company’s website from time to time.
Projected times for the collection are all assessed by our vehicle team at their absolute discretion at the start of the collection. We reserve the right to apply additional charges throughout the job and at its conclusion.
Limitation of liability
Recycle Fife Ltd will accept no liability for the implied legality of any service that we carry out. No opinion or purported advice offered by any Recycle Fife Ltd employee or agent should be relied upon in the assessment of legal compliance. By carrying out any service as instructed by a customer we do not convey any warranty of legality of the service in any way. The customer should ensure that any instructions given to us are lawful and the customer agrees to indemnify Recycle Fife Ltd against any losses or liabilities arising from dispute of property or any other legal dispute.
This clause does not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
Subject to the preceding, under no circumstances whatsoever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and (b) our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of our services under the contract in question.
Due to the nature of the service we cannot guarantee that no damage to property will occur during the clearance process. The customer should inspect the working area once our clearance is complete and notify the team of any damage before the team have left the site. Any such damage must also be notified in writing to Recycle Fife Ltd within 7 days of completion of the site clearance. We will not accept liability for any damage that is not notified to us within this time.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks.
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
Termination
We may terminate the arrangement between us at any time.
Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
Assignment
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
Notices
All notices sent by you to us must be sent to us at Recycle Fife Ltd Cartmore Industrial Estate, Lochgelly, Fife, KY5 8LL or to info@recyclefife.com. We may give notice to you at either the e-mail or postal address you provide to us at the time of booking. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified e-mail address of the addressee.
Data protection
We will only use the personal information you provide to us to provide the services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
You acknowledge and agree that we may pass your details to credit reference agencies.
You acknowledge that we may share your data with any party listed in our registration as a data controller in full compliance with all aspects of the data protection act.
General
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.