Hire Agreement

WASTE DISPOSAL CONDITIONS

TOWENS WASTE MANAGEMENT LTD (The Contractor) accepts waste and special waste (NOT HAZARDOUS WASTE) for disposal subject to the conditions set out below. These conditions cannot be altered except in writing on our printed letterhead signed by a director. In these conditions: Customer means the party who contracts for the services. Contract means the contract for services between the contractor and the customer. COPA means the control of Pollution Act 1974 and any subsequent Act and any regulations made under the Acts. EPA means the Environmental Protection Act 1990 and subsequent Act and any regulations made under the Acts. “Waste” and “Special Waste” means waste or controlled waste as defined in the COPA or EPA. “Equipment” means all equipment used by the contractor their sub-contractors in connection with the services provided. Any reference to legislation refers to the legislation operative at the time the contract is carried out. In all cases the requirements of EPA will take precedence over COPA. EQUIPMENT AND VEHICLES The customer shall: 1. Accept responsibility for damage (excepting negligence) if the vehicle is ordered off the public highway. 2. Not move the container without the contractors consent. 3. Not permit the container to be overloaded or improperly filled. 4. Not allow fires to be lit within or against the container. ON THE ROAD CONTAINERS 1. The contractor will obtain the necessary permit from the authorities. The customer will have to strictly comply with all the conditions including ensuring that cones are in position at all times and lamps alight during darkness. 2. The customer will have to pay, prior to delivery, any fees demanded by the authorities plus an additional admin fee and any applicable VAT 3. The container may be removed any time without notice if instructed by the authorities. 4. The customer agrees to indemnify the contractor against any claims of any kind made against the contractor in respect of the siting or usage of the equipment which is placed on the road or in any public place and to carry out all things needed for the safety of the public. VEHICLE OFF THE HIGHWAY 1. When the vehicle is required by the customer to go off the highway the customer accepts all liability and agrees to indemnify the contractor against all claims and proceedings made by any party for injury to persons and/or property. 2. The customer agrees to indemnify the contractor against any claims of any kind made against the contractor in respect of the siting or usage of the equipment including damage to persons or property, damage to the equipment, breach of statute by law or regulations and any costs of any kind. PROVISION OF INFORMATION ABOUT THE WASTE BEING DISPOSED OF 1. The customer shall provide the contractor with sufficient information in relation to the waste as is required by the health and safety and environmental legislation. The customer shall ensure the waste collected conforms to the description given on the waste transfer note. 2. The customer shall be obliged to inform the contractor of the type of waste to be removed at the time of ordering the removal of the container. If the waste to be removed is different from that originally quoted for, the contractor reserves the right to increase the charges to cover any increased cost of disposal. GENERAL INDEMNITY BY THE CUSTOMER The customer shall indemnify the contractor in respect of all liability claims, costs, damages and expenses for death injury, loss or damage including consequential loss arising out of the performance of this contract except to the extent that the liability arises from the contractors negligence. COMPLETION OF SERVICE The customer shall sign a paper or electronic waste transfer note each time a container is delivered, or removed. If no representative of the customer is made available for this purpose the contractor will note that no one was available to sign and this will be deemed to fulfil the obligation on the customer to complete the contract. TERMS OF SALE All transactions are deemed to be governed by our Conditions of Sale which are available on request