(a) that the permission of the Highway Authority has been duly obtained under Section 139 Highways Act, 1980.
(b) that the said permission will be kept in force by the exte4nsion or renewal as necessary until either the container is removed or until the expiry of three working days after notice is given to us to remove the container.
(c) if placed on the Public Highway then Hirer shall have in place all criteria met by the permit holder eg, lights, cones etc.
(d) that they will not remove the container from the places where it is deposited without first obtaining both the written permission of the Highway Authority and ourselves.
(e) That they will ensure that at the time when collecting is requested there is clear space at one end of the container of not less than thirty feet to enable the lorry necessary access to effect the collection and removal.
The customer further warrants as a term of this contract that he or a responsible officer in his form or company organisation has read or had explained to him and fully understands all the conditions subject to which the Highways Authority’s permission has been granted and undertakes that he will secure that all the conditions so specified shall be complied with and in particular THAT THE CONTAINER IS PROPERLY LIGHTED DURING THE HOURS OF DARKNESS.
Unless specifically otherwise agreed customer shall themselves provide three marker cones by day and three marker cones plus six red lights during the hours of darkness on the container as required by the Highways Act, 1791, if the same is placed on the Public Highway (includes grass verges and footpaths or pavements) or anywhere else where damage to property or injury to third parties is foreseeable.
They should also ensure the safe loading of materials into the container.
Customers warrant either:
(a) that the waste material is of such nature that the regulations issues by the Secretary of State under the Deposit of Poisonous Waste Act, 1972 (hereinafter called the Act) in force on the date of the removal of each loaded container exempt the waste material being removed from the provisions of the Act or
(b) that the required notice has been served under the provisions of selection 3 (1) of the Act on the required authority in the form required by Selection 3 (2) of the Act covering removal of each loaded container.
Customers requesting or ordering vehicles delivering or collecting containers to leave the road shall reimburse us in full in respect of any loss, costs, claims, damages or expenses we may thereby sustain whether it is as a result of damage to the vehicle to the container or to the property of the customer or third party including damage to the road margins and pavements.
Customers shall reimburse us in respect of any loss or damage to the containers whilst on hire to them from whatsoever cause may arise (fair wear and tear expected). Customers shall also indemnify us in respect of any claim or injuries to persons or property arising out of the use of the containers whilst on hire to them howsoever the same may be caused or arise, and in particular customers undertake:
(a) NOT TO LIGHT FIRES in the container nor to burn anything therein.
(b) not to place any corrosive avid or noxious substances nor liquid cement or concrete in the container
(c) to ensure that the container is not filled above the level of the sides thereof.
(d) to pay all the extra expense and costs including possibly a new container which may result from non-observance of the above.
(e) overloaded skips will not be removed until excess has been unloaded at the customer’s responsibility.
Three clear working day’s notice is required to terminate the hiring of the customer, Customers undertake to fill the skips within the period of the licence granted under the Highways Act and to give us such notice of its readiness for collection.
Included in the standard price of this contract is a ten minute period for the deposit or loading and removal of the container. Any further delay ensuing from whatsoever cause will result in demurrage being charges at the day rate of the vehicle kept waiting.
Customers should ensure the safe loading of materials into containers. Ownership of the contents of any container shall pass to us upon collection unless otherwise agreed in writing.
In the event of the Highway Authority or the Police exercising their powers to, or to cause us, light, move or remove the container during the period of hire the customer acknowledges that he is responsible for all costs thereby incurred.