Definitions & General
In these conditions
“the provider” means OMD Waste & Recycling.
“the supplier” means where the context so permits, the provider or the provider duly authorised agent or sub-contractor.
“the hirer” means the person or company requesting the provision of the hire item(s) by the provider.
“the service” means the supply of hire item(s) by the provider, its employees, servants, agents or sub-contractors for the period of hire to facilitate the removal of waste on behalf of the hirer and the subsequent handling of the contents of such hire item(s) or hire item(s)s on behalf of the hirer.
“the hire item(s)” means any hire item(s) or any other hire item provided as part of the service.
“the site” means the place where the hire item(s) is deposited at the request or direction of the hirer.
“the period of hire” means the period from delivery of the hire item(s) to the hirer, to collection thereof, from the hirer.
“Working day” shall mean Monday to 1 pm Saturday in any week, excluding national holidays.
“Force Majeure” means any circumstances beyond the reasonable control of either the provider or the supplier (including, without limitation, thereto, any strike, lockout or another form of industrial action, accident, inclement weather, difficulties in obtaining fuel parts or machinery, power failure or breakdown, or malfunction of machinery or computers.
- These conditions shall apply to all contracts for the supply of the service by the provider to the exclusion of all other terms and conditions and shall apply where the context so permits for the benefit of the supplier and the employees, agents and sub-contractors of the provider and the supplier as if they had been parties hereto.
- Any typographical, clerical or other error or commission in any sales literature, quotation or price list, acceptance of offer, invoice or other document or information issued by the provider shall be subject to correction without any liability on the part of the provider.
- Any reference in these conditions to a statute or regulation or provision thereof shall be constructed as a reference to that statute, regulation or provision as amended re-enacted or extended at the relevant time.
- All requests for the service shall be deemed to be an offer by the hirer to purchase the service pursuant to these conditions and the service is offered subject to the availability of suitable hire item(s) to the provider.
- No variation of these conditions shall be binding unless agreed between the authorized representatives of the Provider and the Hirer.
- The Provider will use its best endeavours to comply with the Hirer’s requirements but can accept no responsibility for failure to supply, or remove or for any delay in supplying or removing hire item(s) which may be caused directly or indirectly by any circumstances beyond the Providers control, or any unforeseen or abnormal conditions by any act or neglect on the part of the Hirer and time shall not be of the essence of the Contract on behalf of the Provider. The provision of the service may be wholly or partly suspended at the provider’s discretion without liability on the part of the provider for any loss resulting from any suspensions.
Conditions of Service
- Delivery of hire item:
- a) Except as specifically otherwise agreed, the provider or supplier shall be under no obligation to deposit the hire item(s) elsewhere than on a public roadway.
- b) The Hirer agrees in all cases:-
(i) to provide and adequately maintain all necessary approach roads and sites for the purpose of the delivery;
(ii) to rely on their own skill and judgment and to satisfy themselves as to the suitability of all approach roads, tracks, or grounds, for the purposes of delivery, sitting and collection of the hire item(s) and to notify the provider at the time of ordering the service of any special requirements as to delivery.
(iii) promptly on the arrival of the vehicle to accept delivery and provide any necessary directions and a suitable site.
(iv) to ensure that an authorised person is present at the time of delivery to sign and acknowledge delivery and collection of the hire item(s) and that such authority is signed on delivery or collection by such authorised person and not otherwise and the Hirer agrees that any delivery or collection note signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of the hirer and that where no such person is available to sign such proof of delivery or collection within 10 minutes from the arrival of the hire item(s) or the vehicle at the site the suppliers written confirmation of delivery shall be final and binding upon the Hirer.
(c) Where the provider or the Driver are requested or directed to deposit or pick up hire item(s) on or from a site which is of a public roadway or where delivery otherwise involves the passage of the vehicle over gratings, drains, roads, pavements, forecourts, yards, asphalt, cobble lock areas or any like areas the Provider shall be under no liability whatsoever to the Hirer or any 3rd party for any damage howsoever caused whilst the vehicle is off the public roadway.
(d) The Hirer shall keep the Provider indemnified against any claim demand or penalty arising during the period of hire and which could not have been made had the provider not agreed to provide the service including, but not limited thereto all 3rd party claims, or claims for damages arising out of accidents related to any hire item(s) the subject of this contract.
(e) If the Provider shall be prevented for any reason beyond its control from delivering or collecting a hire item(s) it shall not be held liable for such delays.
- The time allowed for depositing or picking up hire item(s) is fifteen minutes. If the vehicle is kept waiting longer than this after arrival as a result of the Hirer, the Hirer shall be liable for a charge of 30 euro for every 15 minutes thereafter.
- Use of Service:
- a) The Hirer shall ensure that all permissions required are obtained before the hire item(s) can lawfully be deposited on the site including the permission required under the relevant waste management laws and bye-laws, have been or will be obtained before they request the Provider or direct the Driver to deposit the hire item(s) on the site and that the said permission will be kept in force during the period of hire and where necessary for up to 3 working days thereafter.
- b) The hirer will ensure that all hire item(s) sited on roadways will be lighted and coned in accordance with the terms and conditions of the waste management bye-laws and the issuing local authority’s demands.
(c) That the amount of waste deposited in the Hired Item should conform to the volume of the Hired Item (eg. Standard Skip is 6 Cubic Yards). The hire item shall only be loaded to the water level. It is at the discretion of the provider whether to remove a hire item if it does not comply with this stipulation.
(d) No hazardous or liquid waste can be deposited in the hire item without the consent of the supplier and that the contents of the hire item(s) when loaded conform to the requirements of the waste regulations. Some of the items that are strictly prohibited are: i) Paints, Thinners, Oil ii) Fridges, Freezers or any CF gas container, iii) Gas cylinders, iv) Batteries, v) Asbestos, vi) Medicines/drugs vii) Kitchen waste viii) Septic Tank waste, ix) Computers and other electronic equipment, x) Fluorescent Light Bulbs xi) Contaminated Soil, Xii) explosives, toxic, or dangerous materials, xiii) vehicle tyres, solvents, minerals or greases or any other waste types which following changes in legislation from time to time may become classified as a special or difficult waste type. These are only some of the items that cannot be disposed of in the hire item. A full list of prohibited items can be obtained from the provider on request. It is the responsibility of the hirer to obtain assurances from the provider for any questionable item.
- e) The hirer will ensure that no fires are lit in, and no corrosive acid or noxious substance, liquid cement or concrete placed in the hire item(s), in the event of any of these occurring the Supplier reserves the right to refuse to collect the materials and apply appropriate charges for any damage incurred.
f). The Hirer shall not move the hire item(s) from the site without the consent of the Supplier and where necessary the relevant Municipal Authority.
- g) Where the waste type does not conform to the description as specified on the waste transfer note or is different to that as specified at the time the hire item(s) was ordered, then the provider reserves the right to not remove the hired item and to determine whether extra charges will be applied in respect to additional costs. Where inert waste loads (soil/hardcore/muck) are ordered and they are found to contain other waste types, in particular, mixed builders waste materials thus contaminating the load, the provider reserves the right to apply reasonable extra charges for such items or refuse collection.
- h) Where hire item(s) are located in public view, public property or on third party property and if waste deriving from a 3rd party is deposited in the Hire Item the Hirer maintains full responsibility for this waste per these Terms and Conditions.
- i) All damage by fire, vandalism or other means, by the hirer or any 3rd party, the hirer will reimburse the provider all costs for either replacement or repair.
- j) No unauthorised removal of the hire item(s) shall take place by the hirer or a 3rd party contractor without the prior consent of the provider. The hirer will be debited all reasonable costs incurred in returning the hire item(s), or in cases where the hire item(s) is deemed lost or stolen the hirer will reimburse the provider in full. Please note that many insurance policies will not cover theft of hire item(s).
- The Provider may arrange the removal or repositioning of the hire item(s) if required at any time to do so by the Road Safety Authority or member of An Garda Siochana. The Hirer shall be responsible for the reasonable additional cost thereof on the part of the Provider or Supplier.
- It is the responsibility of the hirer’s representative on-site to keep the hirer’s copy of the delivery docket. Any copies required at a later date will be subject to a €5 administration charge.
- Risk: The risk in relation to any hire item(s) supplied pursuant to this Contract shall pass to this Hirer upon delivery and shall remain with the Hirer until the hire item(s) are collected by the Supplier.
- Price and Payment
- a) The price for the provision of the service shall be such sum as agreed between the Supplier and Hirer at the time of purchase. The price can also include any subsequent penalty incurred by the Hirer pursuant to these terms and conditions. In default of agreement on price, the price shall be a quantum meruit. The Price shall be inclusive of VAT which shall be payable by the Hirer, unless otherwise agreed.
- b) Save where the Hirer has a previously approved credit account with the Provider, payment for the provision of the Service shall be made in full by the Hirer to the Provider prior to the or upon delivery by the Provider of any hire item(s).
- c) Where the Hirer has an approved credit account the provider shall be entitled to invoice the Hirer at the end of the month for all the services provided hereunder prior thereto and the Hirer shall pay the price for the provision of the service to the Provider within 28 days of the date of the Providers invoice. The time of payment of the price shall be of the essence of the Contract.
- d) The Hirer agrees that in the event that the Hirer shall fail to pay the Provider’s account in accordance with the terms hereof the provider may return to the Hirer the waste or a quantity of waste which is in the reasonable opinion of the Provider similar thereto and the Provider shall for such purposes be entitled to enter upon any premises of the Hirer or any third party from whom waste was collected for such purposes and to deposit such waste thereon.
- e) The provider reserves the right to grant, refuse, withdraw, restrict, alter or cancel credit terms at its discretion. Where the Service is to be supplied over a period of time each instalment thereof shall be treated as a separate contract and failure by the Provider to provide any one or more instalments, shall not entitle the Hirer to treat the contract as a whole as repudiated.
- f) If the Hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the provider, the provider shall be entitled to:
- i) cancel the contract or suspend any further deliveries to the Hirer.
- ii) charge the Hirer interest (both before and after any judgment) on the amount unpaid, at the rate of 3% per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
- Penalty charges can be applied to the price for the service pursuant to these terms and conditions. Penalty charges if applicable must be paid by the Hirer prior to the collection of the Hire Item. If these conditions are breached The Hirer gives permission to The Provider to charge the relevant penalty charge to The Hirer’s credit or debit card as listed on the order form.
- i) The provider maintains sole discretion in determining whether the hire item is loaded appropriately. It is expressly agreed between the Provider and the Hirer that the price agreed upon for the service is based on the loading of the Hire Item to ‘Level Load Only’. The Provider reserves the right to supply a further hire item(s) to contain the surplus material and to transfer the same to the hire item(s) and to debit the Hirer with the reasonable costs of so doing.
- ii) Except as specifically otherwise agreed in writing the Hirer shall fill the hire item(s) within the period of hire which is up to 4 Working Days – If the hire exceeds this period, rental charges will be incurred at €10 per day for hire item(s) and €20 per day for roll on off skips.
iii) The Hirer shall be responsible for informing the Provider of any requested change of the Period of Hire more than 24 hours before the end of the period. If such adequate notice is not provided a penalty charge of 30EUR shall be applied to the price.
- iv) The Hirer shall ensure that from the time when a collection of the hire item(s) is due to take place until the collection space for the vehicle to access the hire item is maintained. If the Provider’s Driver upon arriving at the site of the Hire Item is unable to collect the item due to the non-fulfilment of this condition a penalty charge of 50EUR will be applied to the price.
- Ownership of the contents shall pass to the Supplier upon the satisfaction of the provider that the waste collected conforms to the terms of this agreement unless agreed in writing.
- Refund Policy
Application for refunds must be sent directly to Pacon Waste & Recycling Ltd, in writing, addressed to the Customer Service Manager. The provider does not offer cash refunds, we can however apply a credit note, once authorised, to use against future purchases.
- Cancellation Policy
Any cancellation of hire must be provided 36 hours in advance of the due delivery of the hire item. If the hirer chooses to cancel the hire a charge will be applied to the hirer: 36 hours – 24 hours notice: 30euro, 24 hours – 12 hours: 40 euros, 12 hours to 0 hours: 50 euros.
- Wasted Journey Fee
The Hirer shall ensure that from the time when a delivery/ collection of the hire item(s) is due to take place the delivery/collection space for the vehicle to access the hire item is maintained. If the Provider’s Driver upon arriving at the site of the Hire Item is unable to deliver/collect the item due to the non-fulfilment of this condition a penalty charge of €50 for chain lift skips and €100 for Roll on skips will be applied to the price.