1.1. “Customer” or “Hirer” refers to the company or person that has requested the hire of Equipment from Hoban Skips.
1.2. “Equipment” means a skip or any other item hired through Hoban Skips.
1.3. “Site” refers to where the Equipment is to be deposited at the request of the Customer.
1.4. “Owner(s)” and “Agent(s)” refers to the company or person that owns the Equipment and who acts for Hoban Skips as its agent or subcontractor.
1.5. “Vehicle” refers to the Owner’s vehicle.
1.6. “Contract” means the contract for the hire of the Equipment.

The Parties to this Contract are the Customer and Hoban Skips.

3.1. Any quotation or estimate given by Hoban Skips is an indication given in good faith and shall not become binding unless confirmed by Hoban Skips in writing. Prices quoted are based on information available at the date of quotation and Hoban Skips reserves the right to vary prices at any time without notice prior to accepting an order from the Customer.
3.2. The Contract made between Hoban Skips and the Customer incorporates and is subject to these conditions and constitutes the entire agreement between the Parties, superseding all previous agreements or arrangements between the Parties. No variation to these conditions shall be binding unless agreed in writing between Parties prior to the date of the Contract.
3.3. Hoban Skips reserves the right to make any changes in the specification of the Equipment which are required to conform to any applicable safety or other statutory requirements.
3.4. The term of hire for any Equipment shall be 14 days unless agreed between the parties and shall be inclusive of the day of delivery. Hoban Skips shall be entitled at its own discretion to leave the skip on site for longer than 14 days and to collect the skip at any time having given the customer notice. Hire for long periods of time may be subject to additional charges of which the Customer shall be made aware as necessary.
3.5. Where the hire of Equipment is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 (as amended), the duration of the hire shall not exceed 3 months. Accordingly, the hire of any Equipment is not covered by the Consumer Credit Act 1974 (as amended).
3.6. Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent have no force or effect.

4.1. If any Equipment delivered by Hoban Skips or its Agents is to be placed in a location other than on private property the permission of the Highway Authority may be required under Section 139 Highways Act 1980. In such circumstances, the Customer will ordinarily organise the obtaining the permission, however this is a service that Hoban Skips can choose to provide and pass on the cost to the Customer.
4.2. In the event that the Owner obtains permission under section 139 of the Housing Act 1980, the Owner shall be responsible to ensure that the permission is correct and valid for the duration of the hire of the Equipment.
4.3. The Owner and Customer (as appropriate) will ensure the observation and performance at all times of all the conditions subject to which the aforesaid permission/license is granted and in particular, will ensure that the Equipment is properly lit throughout the hours of darkness.
4.4. The Customer will ensure that at the time of collection there is the space necessary around the Equipment to give the Vehicle sufficient access to effect collection and removal. In the event that it proves impracticable to deliver or collect Equipment because of inadequate access to the Equipment, the Customer shall be liable to pay Hoban Skips the abortive delivery or collection costs incurred.

The Customer warrants:
5.1. That it will take reasonable care of the Equipment, only use it for its proper purpose in a safe and correct manner, notify Hoban Skips immediately after any loss and/or damage to the Equipment and keep the Equipment at all times in its possession and control.
5.2. Not to light fires in the Equipment nor to burn anything therein, nor to place any corrosive acid or noxious substance nor liquid cement or concrete in the Equipment.
5.3. to follow the rules and regulations that have been set out by Hoban Skips and can be found on their website and in Appendix A.

5.4. That:
5.4.1. the waste material to be placed in the Equipment falls within the meaning of prescribed cases under Section 3 of the Control of Pollution Act 1974 (hereinafter referred to as the 1974 Act) and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as the 1976 regulations) and any subsequent Regulations issued by the Secretary of State for the Environment which are in force on the date of the removal of each loaded container; or
5.4.2. The requisite license has been issued under Section 5 of the 1974 Act; AND that the waste material to be removed or disposed of in the Equipment does not come within the definition of Hazardous Waste contained in the Hazardous Waste (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005.
5.5. That all activities undertaken by the Customer which may be subject to regulation by virtue of any applicable duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant with the legislation and do not detrimentally affect the compliance of Hoban Skips with the said legislation or in any way render Hoban Skips liable under Section 33 of the said Act or otherwise liable.
5.6. That it will take adequate and proper measures to protect the Equipment from theft, damage and /or other risks and will return the Equipment in good working order and condition (fair wear and tear excepted.
5.7. That it will not continue to use the Equipment where it has been damaged (other than usual wear and tear of the Equipment) and will notify Hoban Skips immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person.
5.8. To ensure that the Equipment is not filled above the level of the sides thereof. In the event that Hoban Skips or its Agent is unable to collect the Equipment owing to overloading of the Equipment, the Customer shall pay to Hoban Skips any abortive costs of collection incurred by Hoban Skips.
5.9. That if the Equipment is returned in a damaged, unclean and/or defective state (except where due to fair wear and tear), the Customer shall be liable to pay Hoban Skips: (i) for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire and (ii) the hire charges until such repairs and/or cleaning have been completed.
5.10. That it will pay to Hoban Skips the replacement cost on a new for old basis of Equipment which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to Hoban Skips under any policy of insurance taken out in accordance with these conditions. The Customer shall further pay to Hoban Skips the hire charges for the Equipment until Hoban Skips has been paid the amount representing the replacement cost of the Equipment.
5.11. That it will notify Hoban Skips of any change of its address and upon request provide details of the location of the Equipment and permit Hoban Skips at all reasonable times to inspect the Equipment including procuring access to any property where the Equipment is situated.
5.12. Hazardous and Special Waste will not be accepted without prior agreement. This includes, but is not limited to: Asbestos – Batteries – Clinical Waste – Corrosive Substances – Faeces (animal or human) – Fridges – Freezers – Food Waste – Japanese Knotweed – Liquids – Nappies – Oily Wastes – Expanding Foam Aerosol – Froth Pak – Paint – Rubber Tracks – Creosote / Creosote treated products – Computer monitors – Creosote – Fluorescent tubes – Gas cylinders – PC monitors – Tarmac – Televisions – Tyres – Oversized tree roots.

6.1. The Customer agrees that it shall indemnify Hoban Skips in respect of all losses suffered by Hoban Skips as a consequence of:

6.1.1. The Customer requiring Hoban Skips or its subcontractors to use Vehicles to deliver or collect the Equipment off road where damage is caused to the Vehicle, to the Equipment or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.
6.1.2. Damage to or loss of the Equipment while on hire to the Customer which shall include damage howsoever caused but excepting fair wear and tear.
6.1.3. All claims for injuries to persons or damage to property arising out of use of the Equipment while on hire.
6.1.4. Any breach of these Conditions by the Customer.
6.2. The Customer shall indemnify Hoban Skips for any surcharges charged by the Owner as a results of the Customer’s use of the Equipment and disposal of waste therein.

7.1. If Hoban Skips is found to be liable in respect of any loss or damage to the Customer’s property, the extent of their liability will be limited to the retail cost of replacement of the damaged property.
7.2. The Customer shall give Hoban Skips a reasonable opportunity to remedy any matter for which Hoban Skips is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, Hoban Skips shall have no liability to the Customer.
7.3. Hoban Skips shall have no liability to the Customer if any monies due in respect of the hire of Equipment has not been paid in full by the due date for payment.
7.4. Hoban Skips shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Hoban Skips.
7.5. Hoban Skips 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 loss of opportunity.
7.6. Hoban Skips shall use its reasonable commercial endeavours to ensure the Equipment arrives when the Customer requires delivery. Any approximate times given by Hoban Skips are estimates only and Hoban Skips shall not be liable for any delay in delivery of the Equipment howsoever caused. Time for delivery of the Equipment shall not be of the essence. Hoban Skips 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 Hoban Skips’ reasonable control.
7.7. Nothing in this Contract shall exclude or limit the liability of Hoban Skips 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.

8.1. The customer can only pay by credit or debit card. Payment for the Equipment and all applicable delivery charges is in advance, based on the information provided by the Customer. In the event that there are any surcharges (such as overweight/overloaded skip charges, disposal of restricted items, etc.) or wasted journey charges, the Customer shall be liable to pay these fees and Hoban Skips shall contact the Customer to arrange further payment.
8.2. Any payment made by the Customer shall be deemed conclusive proof of entitlement to payment for the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.

9.1. You may cancel your order for Equipment by giving us notice at any time before we start incurring any costs.
9.2. If you cancel an order under 9.1 and you have made any payments in advance for equipment that has not been delivered to you, Hoban Skips shall refund those amounts to you less any card processing fees reasonably incurred.

10.1. If the period of hire has a fixed duration neither the Customer nor Hoban Skips shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party. If the period of hire does not have a fixed duration either the Customer (subject to clause 9.1) or Hoban Skips is entitled to terminate the Contract upon giving to the other party any agreed period of notice (if no period of notice has been agreed, the default notice period shall be 1 working days’ notice in writing).
10.2. In the event that the Contract is terminated the Customer shall pay to Hoban Skips without deduction or set-off any sums outstanding as at the date of termination, or sums which fall due after termination which relate to the hire of the equipment (e.g. additional costs of removal of the Equipment or disposal).

11.1. Risk in the Equipment will pass immediately to the Customer when they leave the physical possession or control of Hoban Skips or its Agent. Risk in the Equipment hired will not pass back to Hoban Skips or its Agent from the Customer until the Equipment is back in the physical possession of Hoban Skips or its Agent. This shall apply even if Hoban Skips has agreed to cease charging for the hire of the Equipment.
11.2. Title in the Equipment hired remains at all times with the Owner. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer. The Customer must not deal with the title or any interest in the Equipment hired. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.

12.1. If any term or provision in these conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions (amended as necessary) shall not be affected.
12.2. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
12.3. The Contract shall be governed by the Laws of England and the Customer and Hoban Skips hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
12.4. In any legal proceedings between Hoban Skips and the Customer the written confirmation of the duly authorised representative of Hoban Skips as to date of delivery of the Equipment and the date of its collection by Hoban Skips or their Agent shall be conclusive evidence of the facts stated therein.

Appendix A

1. Hazardous and Special Waste cannot be accepted without prior agreement. This includes, but is not limited to: Asbestos – Batteries – Clinical Waste – Corrosive Substances – Faeces (animal or human) – Fridges – Freezers – Food Waste – Japanese Knotweed – Liquids – Nappies – Oily Wastes – Expanding Foam Aerosol – Froth Pak – Paint – Rubber Tracks – Creosote / Creosote treated products – Computer monitors – Creosote – Fluorescent tubes – Gas cylinders – PC monitors – Tarmac – Televisions – Tyres – Oversized tree roots.
2. Asbesto’s will not be accepted.
3. Plasterboard will only be accepted with prior arrangement.
4. WEEE (waste electronic and electrical equipment) must be bagged and kept separate from other waste [See Clause 5] 5. The following items can be accepted, but, due to higher processing and disposal costs will be subject to a surcharge: Mattresses – Fluorescent Tube Lighting – Printers – Televisions – Gas Bottles – Fire Extinguishers – Oversize Concrete, Tree Stumps, Roots & Root Balls – Printers – PC Monitors – Tyres
6. Skips must be booked for collection within 21 days of delivery. It is the Hirer‘s responsibility to book the collection.
7. Skips containing more than 50% of the following will be subject to a tonnage charge in addition to the skip hire price if in excess of 1 tonne: Astroturf/faux grass, black bag waste, carpets, farm plastic, felt roofing/battens, fire or flood damage, flooring/laminate/vinyl, rubber (matting/tiles), textiles, clothing, cushions, curtains and blankets.
8. Skips containing the following waste will be subject to a tonnage charge in addition to the normal skip hire price if the filled skip weighs in excess of 1 tonne: Astroturf/Faux Grass – Black Bag Waste – Farm Plastic – Roofing Felt / Batons – Fire or Flood Damaged Waste –Laminate/Vinyl Flooring – Rubber Matting/Tiles/Chips – Textiles including Carpets, Underlay, Clothing & Soft Furnishings
9. The Hirer is responsible for all materials placed in the skip and retains ownership of the waste until paid for in full.
10. LEVEL LOADS ONLY. Boards, doors, fence panels or any other materials should not be used to increase the size of the container. Overloaded skips are dangerous loads and cannot be transported on the Public Highway under the Road Traffic Act 1988. If the Hirer does this then upon collection they will need to empty the skip themselves and could incur waiting time fee’s or a late collection fee.
11. Strictly no fires in containers (skips or Roros). The Hirer is responsible for any damage caused by a fire and will be liable for the cost of a replacement skip. Fire weakens the steel and would render the skip unsafe for future hire.
12. Ash residue, incinerator bottom ash or any residue from burning waste is hazardous material and will not be accepted.
13. Hoban Skips will apply on behalf of the Hirer to the appropriate authority for permits to place a skip on the Public Highway. The provision and maintenance of warning signs and/or lights is by law the responsibility of the Hirer.
14. Waiting time charges may be incurred if the driver is kept on site longer than 30 minutes to Deliver, Exchange, Collect or complete a Wait & Load.
15. It is the Customer’s responsibility to protect their property from potential damage. Damage may still occur to driveways if the weight placed in the skip is greater than the foundations can bear, which is at the Hirer’s own risk. Hoban Skips are not liable for any damage caused by the weight placed in a skip.
16. Hoban Skips accepts no responsibility for damage caused to the customers’ or third party property following a customers’ request for a Hoban Skips vehicle to drive onto private property. It is the Customer’s responsibility to protect all objects on their private property, including but not limited to low cables, manhole covers, flower- pots, overhanging trees and anything else in the path of the HGV called on site to deliver/collect a skip or roll on off.
17. In the unlikely event that damage is caused by one of our drivers, please report this in writing within 48 hours of the incident to: info@hobanwaste.co.uk
18. The Hirer is responsible for damage or loss, including theft, incurred to skips on hire. This includes bending/breaking caused by lifting with plant, graffiti, or damage caused through moving the skip.
19. Skips must not be re-positioned after delivery as this can increase the risk of damage when removing the skip (If it is placed too close to a building or wall, for example).
20. Customers are prohibited from assisting the driver for Health and Safety reasons.
21. Cancelled orders will incur a minimum £10 administrative charge if a refund is made.
22. The biggest skip size for soil or hardcore is a 6 yard skip.