T&C's

A Full Range of Waste Disposal Services in Gwynedd

At Gwynedd Skip & Plant Hire Ltd. we’re committed to providing the highest in environmental standards for all of our waste disposal services. From our new waste recycling centre in Gwynedd, we’re proud of the 80% recycling rate that this facility upholds, helping us to have a positive impact on both our environment and our surrounding community.

As well as the highest quality in waste disposal services, we also offer a range of plant hire and skip hire services to both domestic and commercial customers across Gwynedd, Conwy County Borough and Denbighshire. As a professional team, we’re committed to providing all our customers with:

A fast delivery and collection service where we aim for same day delivery
Affordable prices
A reliable service – we’re open 6 days a week

A fully licensed and accredited team that includes licensed Asbestos Handlers
The highest levels in customer service
A commitment to environmentally friendly practices

See our Terms and Conditions set out below or get in touch with the Gwynedd Skip & Plant Hire Ltd. team today [Contact Us] to find out more on our range of waste disposal services, skip hire or plant hire.

STANDARD TERMS AND CONDITIONS OF BUSINESS FOR THE SUPPLY OF PRODUCTS AND SERVICES.

DATE OF ISSUE: 17 OCTOBER 2013

1. INTERPRETATION

The following definitions and rules of interpretation apply in these terms and conditions.

1.1. DEFINITIONS

Account Customers: a Customer who has applied for and has been granted an account with GSPH.

Business Days: days upon which banks in London are open for business.

Cancellation Charge: a sum of £60.00 (sixty pounds Sterling).

Controlled Materials: electrical goods, tyres, items containing CFC gasses, fridges, freezers, asbestos, paint tins or such other items or materials notified to the Customer by GSPH from time to time.

Customer/you: the person(s), firm or company who hires GSPH’s Equipment or purchases Products from GSPH (including Account Customer(s)).

Delivery Note: in relation to each Service or Product (or grouping of Services and Products), the document identified as a delivery note and detailing the commercial terms of the provision of that/those Service(s) and/or Product(s).

Document: includes, in addition to any document in writing, any ticket, Delivery Note, map, plan, invoice or other document relating to the Service(s) or Product(s).

GSPH/us: Gwynedd Skip & Plant Hire Ltd, a company incorporated in England and Wales with company number 07701603 and whose registered office is at Lon Hen Felin, Cibyn Industrial Estate, Caernarfon, Gwynedd, LL55 2BD.

Force Majeure Event: any circumstance not within a party's reasonable control.

Normal Working Hours: between 0800hrs and 1800hrs on each Business Day and between 0800hrs and 1300hrs on a Saturday.

Order: has the meaning given in clause 3.2.

Paperwork: all Documents, information and materials provided by the Customer relating to the Services, including any regulatory compliance consents and permits.

Premises: any and all area, land or sites at which the Customer has requested that the Services be supplied or the Products be delivered to.

Products: materials or other items sold and/or delivered by GSPH.

Services: the services provided by or agreed to be provided by GSPH in response to a Request pursuant to clause 5.

GSPH's Equipment: any equipment, including skips and other containers, tools, lighting equipment, signage, tarpaulins, sheets, documents and safety equipment provided by GSPH and used directly or indirectly in the supply of the Services or the Products other than the Products.

Term Sheet: a document setting out the main commercial terms of the agreement between an Account Customer and GSPH and identified within its body as a Term Sheet.

VAT: value added tax chargeable under English law for the time being and any similar additional tax.

Wasted Journey: an instance where, in response to an Order, GSPH attempts to deliver the relevant Services but is prevented from doing so due the Customer’s failure to comply with its obligations pursuant to clause 5.

1.2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.3. A reference to any party shall include that party's successors and permitted assigns and where the context permits shall include its agents, subcontractors,

consultants and employees from time to time.

1.4. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.

1.5. Except where expressly stated otherwise, a reference to writing or written includes fax but not e-mail.

1.6. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.7. Any words following the terms including, include, in particular, for example or any similar expression shall not limit the generality of the term(s) preceding those terms.

2. APPLICATION OF THESE T&CS.

2.1. GSPH’s agreement to supply you with the Services and/or Products shall be governed by the terms and conditions set out herein and, subject to clause 2.2 shall be applied to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or other document).

2.2. These T&Cs are supplemental to any commercial terms agreed between you and us and set out in the Delivery Note relating to the relevant Product(s) or Service(s) and in relation to Account Customers as set out in the Term Sheet. These T&Cs together with the relevant Delivery Note and/or Term Sheet shall constitute the entire agreement between us and shall herein be referred to as the Contract. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement provided always that nothing in this clause shall limit or exclude any liability for fraud.

2.3. If there is an inconsistency between any of the provisions of this Agreement and the provisions of the applicable Term

Sheet and/or Delivery Note, the provisions of the applicable Term Sheet and/or Delivery Note shall prevail. If there is an inconsistency between any of the provisions of an applicable Term Sheet and an applicable Delivery Note, the terms of the Delivery Note shall prevail.

3. PLACING ORDERS

3.1. Each request by you or acceptance of a quotation given by us for Products and/or Services shall constitute an offer by you to purchase product(s) and/or service(s) from us subject to these T&C’s and such offer shall be capable of acceptance by us.

3.2. Acceptance by us, shall be deemed to have taken place on the earlier of:

a) receipt of written or oral acknowledgement of our acceptance of the offer; or

b) delivery of the relevant Products and/or Services having taken place.

and at such time, an Order shall be deemed to have been made

3.3. Nothing in these T&Cs shall be construed as conferring upon GSPH an obligation to accept an offer made by you.

4. CONDITIONS OF HIRE

This clause 4 applies to the hire of skips only.

4.1. All prices quoted for the provision of skip hire services are based on a two week hire period commencing on the day after the day upon which the skip is delivered (Hire Period). Should you wish to hire a skip for an extended period, please notifying this when making your request for hire. We will automatically collect skips at the end of the Hire Period. IF WE ARE PREVENTED FROM COLLECTING THE SKIP AT THE END OF THE HIRE PERIOD, YOU WILL BE LIABLE TO PAY AN EXTENDED HIRE FEE OF £15.00 PER DAY WHICH WILL BE CHARGED ON EACH DAY FROM THE DAY FOLLOWING THE LAST DAY OF THE HIRE PERIOD UP TO (AND INCLUDING) THE DAY OF ACTUAL COLLECTION.

4.2. Prices quoted for the hire of skips do not include provision of a road permit. A road permit is required where a skip is placed on land adopted by a local authority. It is your responsibility to notify us if the skip you hire will need to

be placed on land that it not owned by you. We will apply for a road permit on your behalf, the cost of which (together with an administration fee) will be notified to you at the time you make your request and will be charged to you in addition to the hire fee and any other charges payable). We will not be liable to you in the event that such permit is not granted nor shall we be obliged to provide the Service(s) in such instance. IF YOU FAIL TO NOTIFY US THAT THE SKIP WILL NOT BE PLACED ON YOUR LAND AND AS A RESULT WE MAKE A WASTED JOURNEY, THE CANCELLATION CHARGE WILL BE PAYABLE.

4.3. An overtime rate of 25% above the normal rate will be payable where Services are provided outside GSPH’s Normal Working Hours or where Services are provided on a national or bank holiday. For the avoidance of doubt, the Saturday immediately preceding a bank holiday Monday shall be counted as a bank holiday and the overtime rate provided for in this clause 4.3 shall apply accordingly.

5. OUR OBLIGATIONS

5.1. We will endeavour to provide the Service(s) and to deliver the Product(s) to the Customer, in accordance with the relevant Order in all material respects.

5.2. Whilst we always try to meet any delivery times specified in an Order, such times are estimates only and time for delivery by us shall not be of the essence in relation to any Order.

5.3. We endeavour to observe all health and safety rules and regulations and any other reasonable security requirements notified to us and that apply at any Premises. We will not be liable to you if as a result of such observation, we are unable to properly fulfill our obligations to you under the Contract.

6. YOUR OBLIGATIONS

6.1. In order for us to provide you with a good service, we require that you assume the following obligations and by making a request, you are deemed to have agreed to do so. You will:

a) (if you are an Account Customer) you will notify us as soon as reasonably practicable (and in any event before you place an Order pursuant to this Agreement) of any persons authorised by you to make Orders on your behalf.

In the event that you fail to comply with this clause 6.1(a), GSPH shall be entitled to accept Orders from any person whom we reasonably believe has authority to make such Orders on your behalf;

b) provide GSPH, in a timely manner and at no charge, with access to the relevant Premises, as required in order to perform the Services;

c) provide, in a timely manner, such Paperwork and other information as GSPH may reasonably require, and ensure that it is accurate in all material respects;

d) be responsible (at your own cost) for preparing and maintaining the relevant Premises for the supply of the Product(s) and/or Service(s);

e) not dispose of any Controlled Materials within GSPH’s Equipment without GSPH’s prior written consent;

f) inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Premises;

g) subject to clause 4.2, obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services and the delivery of GSPH's Equipment insofar as such licences, consents and legislation relate to the your business, premises, staff and equipment, in all cases before an Order is made;

h) at your own risk, keep and maintain GSPH's Equipment in good condition and in accordance with any additional instructions given by GSPH and you shall not, without our prior written consent, dispose of, move or remove, rehire, sell, charge or otherwise encumber, lend assign or part with possession of GSPH's Equipment except with our prior written consent.

6.2. IF WE ARE PREVENTED OR DELAYED FROM MEETING OUR OBLIGATIONS IN RELATION TO ANY ORDER AS A RESULT OF YOUR ACTIONS OR YOUR FAILURE TO DO SOMETHING WE WILL NOT BE LIABLE FOR ANY COSTS, CHARGES OR LOSSES SUSTAINED OR INCURRED BY YOU THAT ARISE DIRECTLY OR INDIRECTLY FROM SUCH PREVENTION OR DELAY.

6.3. YOU WILL BE LIABLE TO PAY TO GSPH, ON DEMAND, ALL

REASONABLE COSTS, CHARGES OR LOSSES SUSTAINED OR INCURRED BY GSPH THAT ARISE DIRECTLY FROM FRAUD OR NEGLIGENCE ON YOUR PART, FAILURE TO PERFORM OR DELAY IN THE PERFORMANCE OF ANY OF YOUR OBLIGATIONS UNDER THESE T&CS, SUBJECT ONLY TO GSPH CONFIRMING SUCH COSTS, CHARGES AND LOSSES TO THE CUSTOMER IN WRITING.

6.4. WITHOUT PREJUDICE TO ANY OTHER CLAUSE CONTAINED IN THESE T&CS:

a) A CANCELLATION CHARGE WILL BE RAISED IN RELATION TO ALL WASTED JOURNEYS; AND

b) YOU WILL BE LIABLE TO REIMBURSE US FOR ALL COSTS AND LIABILITIES INCURRED BY US AS A RESULT OF YOUR BREACH OF CLAUSE 5.1(E).

7. CHARGES AND PAYMENT

7.1. In consideration of the provision of the Services and/or Products(s) by GSPH, you shall pay the amount as set out in the Delivery Note and which will be confirmed to you when an Order is made.

7.2. GSPH's charges and rates may be amended from time to time but, subject to clause 4 and provided you have complied with your obligations pursuant to clause 6.1, you will never be charged more for a Product or Service than the amount stated on the relevant Delivery Note. We will notify Account Customers of any changes in our charge rates not less than 5 Business Days prior to such change taking effect.

7.3. All charges quoted to the Customer shall be exclusive of VAT, which shall be add to its invoices at the appropriate rate.

7.4. If you are not an Account Customer, you are required to pay for Product(s) and Service(s) in advance of delivery. Payment can be made by BACS, Telegraphic Transfer by credit or debit card at the time of placing an Order or in cash paid to one of our members of staff.

7.5. If you are an Account Customer or have not paid for goods and/or services on or prior to delivery or performance, GSPH will invoice you at any time after the provision of the relevant Service(s) or the delivery of the Product(s) for all charges incurred. Subject to clause 7.6, charges are payable within 30 days of the date of the stated in the relevant invoice.

7.6. If you have a query relating to one of our invoices, please notify us within 7 days of receipt of the invoice. If you fail to notify us of any query within such time, you will be deemed to have accepted the invoice and it will become due and payable without deduction on the due date in accordance with clause 7.5.

7.7. Without prejudice to any other right or remedy that it may have, if a Customer fails to pay GSPH on the due date:

a) the Customer shall pay interest on the overdue amount at the rate of 5% per annum above Lloyds TSB Bank plc base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount; and

b) GSPH may suspend all Service(s) and/or supply of Product(s) until payment has been made in full.

7.8. All sums payable to GSPH under this Agreement shall become due immediately on its termination, despite any other provision. This clause 7.8 is without prejudice to any right to claim for interest under the law, or any such right under this Agreement.

7.9. All amounts due under this Agreement shall be paid in full and in cleared funds without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. GSPH'S PROPERTY

8.1. All GSPH's Equipment shall, at all times, be and remain as between GSPH and the Customer the exclusive property of GSPH, but shall be held by the Customer in safe custody at its own risk. GSPH retains all rights to remove GSPH’s Equipment (or any part of it) from any Premises or other place at any time.

9. LIMITATION OF LIABILITY

9.1. Nothing in this Agreement limits or excludes GSPH's liability for:

a) death or personal injury caused by its negligence;

b) fraud or fraudulent misrepresentation; or

c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

9.2. Subject to clause 9.1, GSPH, shall not be liable to the Customer for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information or any indirect or consequential loss.

9.3. Subject to clauses 9.1 and 9.2, GSPH's total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited in respect of all claims (connected or unconnected) in any consecutive 12 (twelve) month period, to the greater of:

a) The equivalent of the total charges paid by the Customer in that period; and

b) £100,000.

9.4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

10. DATA PROTECTION

10.1. We will hold your details on our database in accordance with the provisions of the Data Protection Act 1998. We may use such details to send you information about our offers and products which we believe may be of interest to you. If you do not wish to receive such information, please let one of our members of staff know.

10.2. Details relating to those Customers wishing to become Account Customers may be submitted to a credit reference agency, and personal data will be processed by and on behalf of GSPH in connection with the Services and by making an application for an account, you are deemed to consent to such disclosure of your details,

11. TERMINATION

11.1. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving notice to the other party if:

a) the other party commits a material breach of any term of this Agreement;

b) the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;

c) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

d) the other party takes any step or any step is taken against the other party by the unaffected party or a third party, which the unaffected party reasonably believes could result in the other party being declared bankrupt or wound-up (other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party) or an administrator, liquidator or trustee in bankruptcy being appointed in respect of the other party.

12. CONSEQUENCES OF TERMINATION

12.1. On termination or expiry of this Agreement, GSPH shall be entitled to collect any GSPH Equipment from the Premises.

12.2. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

13. FORCE MAJEURE

13.1. If a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The

time for performance of such obligations shall be extended accordingly.

14. GENERAL

14.1. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

14.2. The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

14.3. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

14.4. This Agreement is personal to the Customer and the Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

14.5. GSPH may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under this Agreement, provided that GSPH gives prior written notice to the Customer.

14.6. No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.

14.7. A notice given to a party under or in connection with this Agreement shall be given in writing and sent by post or fax and unless proved otherwise is deemed received as set out in clause 19.3 if prepared and sent in accordance with this clause.

14.8. Notice shall be sent to GSPH at the address or to the fax number set out in the Delivery Note or otherwise notified to the Customer from time to time.

14.9. Unless it is shown otherwise, notice shall be deemed to be received,, in the case of notices sent by post, two Business Days after the date it was sent and in the case of fax, on the date it was sent, or if sent after 1700hrs, at 0900hrs on the next Business Day.

14.10. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.