Skip Hire Terms & Conditions (v1.2)
a) Do not overfill. Do not fill beyond the top rail as it is against the law. You will be asked to remove materials that extend beyond the top rail, and you may be charged a €50 failed attempt service charge.
b) The max hire period is 5 days. If you need to retain the skip for a longer period, you may be charged up to €30 per extra day’s rental. If you have difficulty filling your skip within these 5 days, contact us directly.
c) Do not fill the 12 yds. skip with soil and stone, even to the top rail as it will exceed the lift capacity of the skip truck and you will be asked to remove the excess weight and may be charged an additional €50 failed attempt service charge.
d) Below is a list of materials that are allowed in the skip. If you have any queries about any materials you wish to place in the skip, contact Orange, and we will advise.
e) Following this is a list of materials that are not allowed in a skip. Orange retains the right to refuse other materials not listed in the list below.
The Smaller Skip Hire Terms & Conditions
Please read this document carefully, it contains important information about your rights & obligations, concerning the service agreement
1 Definitions
a) “Orange” means Orange Skip Hire, a private company having its primary office at East Coast Business Park, Drogheda, County Louth.
b) The “Customer” or “You” or “Your”, means the individual or entity who accepts these terms and conditions and avails of the Services and/or completes the “Application form” or “Service Specification”, their duly nominated individuals authorised to act, or receive or send a communication on their behalf.
c) “Application form” means the application for Services completed by or on behalf of the Customer for the services and all information, consents and statements contained therein, which may be given in the written form, over the telephone or online.
d) “Service Specification” means the detailed services and Equipment provided, location of Equipment to be supplied, and frequency of servicing materials outlined.
e) “Services” means the provision of the Waste Collection Service, the disposal of waste, the hire of Equipment and any other service provided by Orange to the Customer.
f) “Waste Collection Service” means the collection of the waste contained in the Customers’ Equipment by Orange.
g) “Equipment” means Skips, Compactors, Waste Receptacles or any other such item supplied by Orange to the Customer to facilitate the provision of Services.
h) “Waste Disposal Operator” means any individual or entity that is in the business of Waste Collection, disposal and or the provision of services like Orange’s Services.
i) “Waste Material” means all material as described in the Service Specification, produced at the site(s) or locations operated by You.
j) “Waste Segregation” means the aggregation of waste material into designated containers by You for collection and designation for Recycling, Recovery or Disposal.
2 Agreement
This agreement sets out the terms and conditions that apply to your purchase of services from Orange Skip Hire. These terms and conditions along with the Commercial Customer Application form where applicable, constitute a legally binding agreement between Orange and the Customer. By accepting delivery of Services and/or related products, the Customer agrees to be bound by and accept these conditions. No variation to these terms and conditions shall form part of the Agreement unless the changes have been made in accordance with this agreement.
3 Billing & Payment Terms
3.1 Where the Customer has made a prepayment for the supply and delivery of Equipment, the deposit/prepayment may be refundable by the provisions of item 5.5 of these terms and conditions. Orange may at any time without limiting any of Orange’s rights or remedies, set off any amount owing to it by the Customer against any amount payable by Orange to the Customer.
3.2 The price of the service provided shall be Oranges’ price ruling or as subsequently advised by Orange.
3.3 In the case of Equipment hired, where credit terms have not been sought and agreed upon, the hire price will be payable in advance of delivery of the Equipment to the customer.
3.4 Orange reserves the right not to collect hired Equipment, particularly waste disposal skips and containers until payment is made in full. In the case of a delay in collection caused by failure to make prompt full payment, further hire charges will be levied at Orange’s normal daily hire rate for such Equipment.
3.5 The Price of Services may vary from time to time. Orange will provide written notification (by email or post) to the Commercial Customer where applicable in advance of any change to service charges. Such notice shall be provided at least 14 days in advance of coming into effect.
3.6 Where credit terms have been provided, Orange shall submit regular invoices to the Customer for all Equipment and services set out in the Service Agreement. Further invoices will be submitted for any additional services provided not specified in the Service Specification.
3.7 Orange may change its billing method and frequency for operational reasons after prior notification to the Commercial Customer where applicable. Orange’s absolute preference is to issue bills in a paperless format, and we may impose an administration charge for the issue of a paper/postal bill.
3.8 Orange may, without notice, suspend service to a Commercial Customer wholly or partially if an Invoice is outstanding for 7 days after the month-end in which payment became due. In the event of overdue payments, the Commercial Customer agrees to pay all collection and other costs incurred by Orange in the settlement process.
3.9 If the chosen method of payment is by SEPA Direct Debit, the Commercial Customer must ensure that the Bank Account details provided are from a current account that can accept SEPA Direct Debits. In the event of a cancellation of a SEPA Direct Debit instruction, the Commercial Customer shall duly notify the Bank and Orange in writing of such cancellation. Orange reserves the right to impose an administration charge of up to €5.00 on each direct debit presented that returns unpaid. The Commercial Customer will be notified either in writing or by email of the unpaid amount including the administration charge. An alternative payment is required by Orange for the full sum owed within seven days from the date of unpaid direct debit notification.
3.10 Where Invoices or other communications are sent by post, they shall ordinarily be sent to the address shown on the Commercial Customer application where applicable (or any other address notified to Orange) and shall be deemed received by the Customer on the second postal date after the date of posting and will be deemed received by the Customer on the same day if sent by email.
3.11 Orange will not accept any liability if the Equipment is moved to a different location without prior timely notice to Orange.
3.12 Where practicable, Orange will make best endeavours to keep you informed of updates to your account, reminders of your payments due and other such items directly related to the service delivery or the payment for such services via electronic methods such as SMS or email.
4 Service Agreement
4.1 This Agreement is personal to the Customer. The Customer shall not, except with Orange’s written consent or by Orange’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part. Acceptance of delivery of Equipment, presentation of Equipment for service collection, or pre-payment for services anticipated will be deemed as acceptance of terms and conditions as detailed herein. (Where pre-payment is made, any queries, questions or cancellation of an order must be undertaken before service has been performed)
4.2 The term of the hire Agreement shall be for a maximum period of 5 days or as agreed at the date of order/dispatch. The continuation of service beyond the agreed hire period may be at the discretion of Orange at which point no additional charges shall be incurred. If the continuation of service beyond the agreed hire period is at the request of the customer, then additional rental charges of up to €30/day may be applied. Orange has the right to collect/retrieve its Equipment on the expiry of the agreed hire period.
4.3 Orange may modify or suspend the service wholly or partially, with or without notice, if such action is deemed necessary by Orange (e.g., Health & Safety, Security, or other valid reasons) or if Orange is requested by an authorised authority. Where Equipment is to be placed on a property other than that which belongs to the Customer, the Customer will ensure that a permit is acquired if necessary and will accept full responsibility while on hire to them.
4.4 Orange will only service Equipment where we are granted unfettered access. Where access is required outside of normal business hours, You are responsible for making all appropriate arrangements to ensure safe, and authorised access to the site is granted.
4.5 Where access to Equipment for delivery, service, or collection is restricted or prevented whatsoever the reason, preventing servicing in a timely or agreed manner, a failed attempt service charge will be levied at a minimum of €50.
4.6 The Equipment, Skips, or Containers must only be loaded to the top of the sides. If the Equipment, Skips, or Containers are overloaded, an additional failed attempt service charge of €50 may apply. Additional rental charges of up to €30 per day may also be applied until the overloading situation has been resolved. Orange reserves the right to refuse to service Equipment for reasons of unsafe loading, overloading, or moving Equipment from the original drop spot or for any other reasonable reason at the discretion of Orange.
4.7 The Customer warrants that the description of the Waste Material or Recyclable Material set out in the tables above (and any subsequent correspondence) is true, complete, and accurate in all material respect. If at any time Orange becomes aware that the Material does not accord with the description provided by the Customer then Orange may suspend the performance of the Services hereunder and/or return the Material to the Customer at the Customer’s expense and/or require the Customer to remove the Material from the Equipment and/or at the expense of the Customer deliver the Material to a facility entitled to accept such material and/or adjust the price payable for the Service on account of the new description of the Material.
4.8 The Customer shall ensure that all waste to be collected shall be deposited in the Equipment and there shall be no obligation on Orange to collect any Material that is loose and not so contained unless a specific agreement for such collection is set out in the Commercial Customer Service Level Agreement or by an expressed agreement made in writing and signed by a duly authorised person.
4.9 The Customer shall ensure that each category of Recyclable material specified in the Commercial Customer Service Level Agreement shall be placed in a segregated container or baled and separated from other Waste and Recyclable Material. Any failure to comply with this requirement or any contamination caused to the Recyclable Material that reduced its value shall result in Orange treating said Recyclable Material as contaminated and the Customer shall meet all associated costs associated with its removal, transport and disposal as Waste Material.
4.10 The Commercial Customer shall comply with all relevant legal requirements in connection with the storage and accumulation and any relevant waste treatment of Material on its site(s).
4.11 Equipment provided to the Customer remains the property of Orange and may only be serviced by Orange. Orange may, without notice, remove its Equipment if presented for collection and/or for the use of another waste company. In the event of Orange Equipment being lost or stolen, the Customer shall immediately notify Orange and the Customer shall remain liable for the cost of replacement Equipment. Full replacement costs of the Equipment will apply. The customer shall reimburse Orange for any damage to Orange Equipment while on hire to them.
4.12 Please note that, if notified by Orange that your account is on stop - you must make payment at least 2 full working days before the next collection to ensure your service resumes.
4.13 In no event shall Orange be liable to the Customer for damage or losses suffered by the Customer because of acts or omissions of third parties.
4.14 Orange reserves the right to suspend the Services to the Customer wholly or partially if the Equipment to be serviced is excessively heavy or the contents of the Equipment exceed its capacity.
4.15 The Customer shall always remain responsible for the safe and secure storage of the Equipment and also ensure that the Equipment is not tampered with or contaminants to be placed in the Equipment. Any costs incurred because of the repairs, or decontamination of the Equipment will be charged to the customer, (minimum €50 and up to the full replacement cost of damaged, destroyed, lost or stolen Equipment).
5 Termination of Service
5.1 If the Agreement is terminated by You for any reason other than Orange’s failure to adhere to these terms and conditions, You are liable to pay the full charge if there has been material deposited in the Equipment. If the Equipment is empty, then You shall be liable for a €50 ‘failed attempt service charge’ for the collection of the empty Equipment. Orange may terminate the service before the expiration date of the term upon provision of at least 14 days’ notice to you. Any credit balance (if applicable) will be refunded to You subject to section 5.5.
5.2 Upon expiry of the Term, unless you provide not less than 30 days (“Termination Notice”) notice either by email, letter or by phone to Orange, this Agreement will be renewed on a period-to-period basis based on the same Terms and Conditions.
5.3 Orange will only accept notification regarding changes or cancellation of the Commercial Customer Agreement from You and not from any unauthorised third parties.
5.4 A Commercial Customer account will not be terminated until the Orange Equipment is removed from the Customer’s premises and any monies owed to the account are paid in full.
5.5 Orange will only issue refunds on receipt of the required written termination notification and the return of Orange’s Equipment, empty of all waste. The refund claim period is valid for 30 days from the return date of Orange’s Equipment.
5.6 Orange may at its sole discretion, utilise the collections and debt recovery services of third-party agencies. The data provided to the agencies will be limited only to that necessary to perform the task and in line with the performance of obligations covered under this Agreement. If Your Agreement is referred to such an agency for recovery, an Administration Charge will be added to your account 15% of the outstanding Balance or €15 whichever is greater.
5.7 The calling of a creditors meeting, the appointment of an examiner, liquidator, receiver, or any other similar legal event will cause the agreement to be immediately terminated, with all balance, fees and penalties becoming immediately due and payable. It is at Orange’s sole discretion when we so chose to service and recover our Equipment.
6 The Equipment
6.1 Any Equipment delivered to your site(s) as part of the Services provided by Orange or any of its sub-contractors shall remain in the ownership of Orange at all times, but the Customer shall be responsible for the safety and protection of such Equipment and any damage to same while it is on Your site, and shall not part with possession or permit it to be used by a third party. The customer shall reimburse Orange for any damage to Equipment while on hire to them.
6.2 The Customer shall be wholly responsible for their safety and the safety of any employees of the Customer or Orange or its sub-contractors and any third party concerning the presence of the Equipment on its sites, and the Customer shall carry out a proper and sufficient risk assessment relating to the presence and use of the Equipment on-site and for its removal from the site by Orange or any of its subcontractors.
6.3 The Customer shall immediately inform Orange upon being aware that any of the Equipment is unsafe or not in working order and shall forthwith cease to use such Equipment until Orange has had the opportunity to inspect it and if necessary, replace it. The cost of any damage to the Equipment shall be met by the Customer on the basis set out in Clause 6.1 above.
6.4 Skips delivered to the Customer should (where the skip is to be sited on a public highway) have attached to it, lights to ensure that the skip is visible at night. The Customer shall be responsible for the lighting of the skip.
6.5 Skips delivered to the Customer should (where the skip is to be sited on a public highway) have traffic cones, which should be placed around the skip. The Customer is responsible for the supply of these.
6.6 The Customer shall agree with Orange, the appropriate safe location for the placement of the Equipment on-site, and the Customer shall not place the Equipment in any other location without the prior written agreement of Orange or its subcontractors. The collection may be suspended if the location of the Equipment has been changed without agreement.
6.7 The Customer shall ensure that Orange or its subcontractors are given safe access to the Equipment in the agreed location to carry out Service and inspection and maintenance of the Equipment and if necessary, take samples of Material. Failure to give such access shall entitle Orange to suspend the Services for that site.
6.8 The Customer shall not be responsible for reasonable wear and tear on such Equipment nor any damage caused by the negligence of Orange or its subcontractors.
6.9 The Customer agrees to allow Orange and any subcontractor at all reasonable times to enter the premises in which the Equipment is placed for inspection and examining the condition of the Equipment or repairing the Equipment or taking possession thereof.
7 Indemnity
7.1 Orange shall have no liability for any loss or damage arising from the acts of omissions, negligence or default of the Customer or its servants or agents and the Customer shall indemnify Orange and its subcontractors in respect of all costs, claims, and expenses incurred because of same.
7.2 The Customer shall indemnify Orange against all third-party claims howsoever arising and against loss of or damage to the Equipment whether such loss or damage is resulting from the negligence of the customer or any third party.
7.3 The Commercial Customer hereby covenants throughout the term of this agreement to maintain adequate public liability insurance with a reputable insurer and to provide evidence of the same when requested by Orange.
8 Title
8.1 Notwithstanding delivery, legal title to any property or Equipment intended to be sold shall remain with Orange until payment for the Equipment has been received in full.
8.2 Notwithstanding 8.1 above, the risk of the Equipment shall pass to the Customer upon delivery.
8.3 Without prejudice to all other remedies available to Orange hereunder ownership and risk in the Material shall pass from the Customer as soon as the collection vehicle leaves the relevant site and thereafter Orange or its subcontractors shall be entitled to dispose of such materials as they may think fit.
9 Data Protection
Orange collects and Process personal data for legitimate business purposes undertaken by Orange which relate to the delivery of services to You. Orange agrees that it will comply with the provisions of the General Data Protection Regulations and any other applicable data protection laws in connection with the performance of its obligations under the Agreement.
10 Severability
If at any time any one or more of the provisions of the Agreement or any part thereof is or becomes invalid, illegal, or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
11 Law
These terms and conditions and any claims or disputes arising out of or in connection with these terms and conditions shall be governed by and construed by Irish law. Both Orange and You irrevocably agree to submit to the exclusive jurisdiction of the courts of Ireland about any claim or matter arising under or in connection with these terms and conditions.
