Terms & Conditions

Please read these Terms carefully before submitting an Order.

  • Interpretation
    1. Definitions

Contract” means the contract between the Supplier and the Customer for the Services in accordance with these Terms and the Order.

Customer” means the person who has requested the Services.

Equipment” means the skip(s) hired from the Supplier.  

Event Outside the Supplier’s Control” includes but is not limited to: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic (including COVID-19); terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; and interruption or failure of utility service.

“Hire Period” means the period of hire of the Equipment as outlined in the Order.

Order” means the Customer’s order for the Services as set out in the Customer’s written acceptance of the Supplier’s quotation. 

 “Premises” means the private property owned or rented by the Customer where the Services are to be provided. 

Price” means the charges payable by the Customer for the Services in accordance with clause 7 (Charges and payment). 

Restricted Material” includes (but not limited to) freezers, fridges, mattresses, tyres, paint, televisions, monitors, asbestos, clinical or medical waste, solvents, liquids, food waste, oil, batteries, hazardous or toxic materials, waste from pets, gas cylinders, florescent tubes,  plasterboard and any other materials or objects as notified by the Supplier to the Customer from time to time. 

Services” means the services outlined within the Order, including hire of the Equipment and/or waste collection, supplied by the Supplier to the Customer. 

Supplier” means Town Waste and Skips Ltd a registered limited company in England and Wales with company number 12291271 whose registered office is at the 294 Frome Road, Trowbridge, Wiltshire BA14 0DT

Terms” means these terms and conditions as amended from time to time in accordance with clause 13.2 (General Terms). 

      1. When the words “writing” or “written” are used in these Terms, this includes emails.
  • Basis of the contract
      1. The Order constitutes an offer by the Customer to purchase the Services in accordance with these Terms.
      2. The Supplier’s acceptance of the Customer’s Order will take place when the Supplier either confirms acceptance by telephone or email, at which point the Contract will come into existence.  
      3. Any quotation given by the Supplier is based on the information provided by the Customer at the date of the quotation, and shall only be valid for a period of 20 days from the date of issue. 
      4. The Supplier reserves the right to make any changes to the specification of the Equipment, which are required to conform to any applicable safety or other statutory requirements. 
    1. Provision of the Services 
      1. The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill. 
      2. The Supplier will endeavour to undertake the Services on the date and at the time outlined in the Order but there may be delays due to circumstances beyond the Supplier’s control as outlined in clause 11 (Events outside the Supplier’s control).
      3. If the Customer does not allow the Supplier access to the Premises to perform the Services, the Supplier may charge the Customer additional costs incurred by the Supplier as a result. If, despite the Supplier’s reasonable efforts, the Supplier is unable to contact the Customer or re-arrange access to the Premises, the Supplier may end the Contract and clause 9.2 will apply.
      4. Subject to clause 3.5, the Services shall only be performed on private property owned or rented by the Customer. 
      5. Where the Customer requests that the Services are to be performed on public land, permission of the Highway Authority may be required under Section 139 Highways Act 1980. In such circumstances, the Supplier will request permission and the required licence at an additional charge to the Customer.
      6. The Customer shall provide all required information for the Supplier to request permission and the required licence. 
      7. The Customer and the Supplier (as the case may be) will ensure the observation and performance at all times of any and all conditions, subject to which the permission and licence is granted. 
  • Obligations on the Customer
      1. The Customer must:
        1. provide photographs of the waste to be collected as part of the Services to allow the Supplier to provide the quotation; 
        2. notify the Supplier of any access issues at the Premises, such as opening hours and physical restrictions preventing access; 
        3. provide sufficient access to the Premises for the provision of the Services;
        4. ensure there is the space necessary for the delivery, collection and removal of the Equipment; and 
        5. take adequate steps to protect the Equipment from theft and damage and return the Equipment in good working order and condition (fair wear and tear expected).
      2. The Customer must not:
        1. move the Equipment from its delivery location; 
        2. let the waste exceed the level indicated on the Equipment;
        3. set or light fire to the waste or the Equipment;
        4. deposit in the Equipment or leave for collection by the Supplier any Restricted Material; and 
        5. continue to use the Equipment where is has been damaged (other than usual wear and tear of the Equipment) and will notify the Supplier immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to a person.
      3. Additional charges will apply where any Restricted Material is deposited in the Equipment or left for collection by the Supplier, without the Supplier’s prior permission  and/or where the waste exceeds the level indicated on the Equipment or that shown in the photographs provided by the Customer. Such additional charges shall be due and payable in accordance with clause 7.3 
      4. Where any Restricted Material is deposited in the Equipment or left for collection by the Supplier without the Supplier’s prior permission, the Supplier reserves the right to immediately suspend the provision of the Services. In such an event the Customer will be fully liable to pay for the Supplier’s attendance and for any waste removed. If the Supplier needs to appoint an expert to dispose of a Restricted Material removed from the Premises, the Supplier reserves the right to charge the Customer for any such appointment and disposal. 
      5. The Customer confirms that the Customer has full authority for the Supplier to perform the Services. The Customer shall be responsible for any loss, costs or expenses incurred by the Supplier where the Supplier incurs such costs or expenses from any third party as a result of the Customer not having the authority for the Supplier to perform the Services. 
      6. The Customer shall be responsible for any loss, costs or expenses suffered by the Supplier as a consequence of: 
        1. damage to or loss of the Equipment during the Hire Period; or 
        2. any claims for injuries to persons or damage to property arising out of the use of the Equipment during the Hire Period. 
  • Delivery and Collection 
      1. The Supplier shall use reasonable endeavours to deliver the Equipment on the date and within the time window outlined in the Order. Any approximate times given by the Supplier are estimates only and the Supplier shall not be liable for any loss resulting from late delivery of the Equipment. 
      2. The Equipment shall be collected after expiry of the Hire Period, unless the Contract is cancelled under clause 9 (Cancellation of the Contract). 
      3. Where the Services include waste collection, the waste must be left outside of the Customer’s Premises for collection by the Supplier (i.e. in a place specified by the Customer and agreed by the Supplier, for example on the driveway or in the garden). 
  • Risk and Title to the Equipment 
      1. Risk in the Equipment will pass immediately to the Customer when the Equipment is delivered to the Premises. 
      2. Title (or ownership) in the Equipment shall remain at all times vested in the Supplier. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer. The Customer must not sell, assign, mortgage, pledge, charge, secure, hire or exercise lien and/or lending over, or otherwise dispose of the Equipment hired. 
  • Price and Payment
      1. The Price for the Services will be the price outlined in the Order. The Price is subject to Value Added Tax (VAT).   
      2. Payment of the Price for the Services shall be in advance and in full and cleared funds. The Supplier shall not comply with any of its obligations under the Contract until payment of the Price is received in full and cleared funds. 
      3. In the event there are any surcharges (such as for an overweight/overloaded skip or disposal of Restricted Materials), the Customer shall be liable to pay these fees immediately and the Supplier shall contact the Customer to arrange payment. 
      4. If the Customer does not make any payment to the Supplier by the due date, the Supplier may charge interest to the Customer on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time, and shall be 4% in the event the base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer must pay the Supplier interest together with any overdue amount. 
  • The Supplier’s Liability 
      1. If the Supplier fails to comply with these Terms, it shall be responsible for loss or damage the Customer suffers that is a foreseeable resulting from the Supplier’s breach of the Contact, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Supplier’s breach, or if it was contemplated by the Customer and the Supplier at the time they entered into the Contract. 
      2. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
        1. death or personal injury caused by negligence; and 
        2. fraud or fraudulent misrepresentation; 
        3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); 
        4. breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) and 
        5. defective products under the Consumer Protection Act 1987. 
      3. If the Supplier is providing the Services within the Premises, the Supplier will make good any damage to the Premises caused by the Supplier. The Supplier’s liability will be limited to the retail cost of repairing the damage caused by the Supplier. However, the Supplier is not responsible for the cost of repairing any pre-existing faults or damage to the Premises that the Supplier discovers while providing the Services. 
      4. The Equipment and the Services are for domestic and private use. The Supplier will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Cancellation of the Contract 
      1. The Supplier may cancel the Contract at any time by providing written notice to the Customer if:
        1. the Customer does not make any payment due to the Supplier when it is due and the Customer does not make payment within 7 days of the Supplier notifying the Customer that payment is due; or
        2. the Customer breaches the Contract in any other material way and the Customer does not remedy the breach within 5 days of the supplier notifying the Customer to do so in writing.
      2. Where the Supplier cancels the Contract as set out in clause 9.1 or clause 3.3, the Supplier will refund any money the Customer has paid in advance for the Services which have not been provided. The Supplier may deduct or charge reasonable compensation for the net costs the Supplier will incur as a result of the Customer breaching the Contract.
      3. The Customer may cancel the Contract anytime within 14 days of the Order being accepted by the Supplier and receive a refund. Where the Supplier has started to provide the Services, the Customer must pay for the Services provided up until the time the Customer notifies the Supplier the Customer has changed their mind. To exercise this right of cancellation, the Customer must provide written notice to the Supplier in accordance with clause 12 (Notice). 
      4. Once the Supplier has begun to provide the Services, the Customer may cancel  the Contract with immediate effect by giving written notice if:
        1. the Supplier breaches the Contract in any material way and the Supplier does not remedy the breach within 5 days of the Customer notifying the Supplier to do so in writing; 
        2. the Services have been misdescribed; or 
        3. the Equipment is faulty.
      5. Where the Customer cancels the Contract in accordance with clause 9.4, the Contract will end immediately and a refund will be issued for the Charges of the Services not provided. 
      6. Any refunds due under the Contract shall be made within 21 days of the notice to cancel the Contract by the method the Customer used for payment. 
  • Data Protection 

The Supplier will only use personal information in accordance with its Privacy Policy, a copy of which can be found at www.townwasteandskips.co.uk/privacy-policy/.

  • Events outside the Supplier’s control 
      1. The Supplier will not be liable or responsible for any failure to perform, or delay in performing of, any of its obligations under the Contract that are caused by an Event Outside of the Supplier’s control. 
      2. If an Event Outside of the Supplier’s Control takes place that affects the performance of the Supplier’s obligations under the Contract:
        1. the Supplier will contact the Customer to notify them as soon as reasonably possible;
        2. the Supplier’s obligations under the Contract will be suspended and the time for performance of the Supplier’s obligations will be extended for the duration of the Event Outside the Supplier’s Control; and 
        3. where the Event Outside the Supplier’s Control affects the Supplier’s performance of the Services, the Supplier will arrange a new date with the Customer after the Event Outside the Supplier’s Control is over. 
  • Notices
      1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
        1. delivered by hand or by pre-paid first-class post or other next working day delivery service to the address outlined within the Order; or 
        2. sent by email to the address provided by the parties from time to time. 
      2. Any notice shall be deemed to have been received:
        1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
        2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; and 
        3. if sent by email, on the first working day after transmission.
      3. This clause 12 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  • General Terms 
    1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    2. The Supplier may vary these Terms from time to time on providing written notice to the Customer. 
    3. The Supplier may transfer its rights and obligations under the Contract to another organisation.
    4. The Customer may only transfer its rights or obligations under the Contract to another person if the Supplier agrees to this in writing. 
    5. This Contract is between the Customer and the Supplier. No other person shall have any rights to enforce any of its terms. 
    6. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.
    7. If the Supplier does not insist immediately that the Customer do anything the Customer is required to do under these Terms, or if the Supplier delays in taking steps against the Customer in respect of the Customer breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent the Supplier taking steps against the Customer at a later date. 
    8. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of England and Wales.
    9. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.