TERMS OF CREDIT ACCOUNT
We are pleased to supply your business with a service and are writing to confirm the terms of the account.The purpose of this letter is to set out the basis on which we are able to trade and our respective responsibilities.
To enable us to carry out our work you agree to the following terms & conditions:
The expression the supplier means Brampton Skip Hire Ltd assigns.
The expression the customer means those firms or individuals wishing to trade with the supplier.
1. The supplier will place the requested skip on the public highway. If the customer requires placement of the skip on their own or a third parties property they must make available adequate area to locate the skip.
2. The supplier is not liable for any damages caused when asked to place the skip off the public highway.
3. The customer will pay for goods supplied by the supplier within 30 days after the receipt of the invoice. Failing such payment the supplier reserves the right to refuse further goods even against orders already received and accepted.
4. The customer will permit the supplier and the supplier's employees to inspect the equipment at all reasonable times during the period of hire.
5. During the hire period the equipment remains in the ownership of the supplier and the customer will not attempt to sell, offer, pledge, lend, hire or part with the equipment or remove it from the place in which the supplier has supplied it.
6. The customer will protect the equipment from a theft and will meet all obligations necessary to ensure this. The customer is liable for theft or damage of the skip until the point of collection. Please note that many insurance policies do not cover the theft of skips.
7. The customer will use the equipment properly, observing any instructions from the supplier and will keep the equipment undamaged, free from defacement and free of fire.
If the equipment becomes damaged in any way the customer will notify the supplier without delay and the supplier will arrange for the work of repair adjustment or replacement to be carried out as quickly as possible. If the need for repair adjustment or replacement arises the cost of the work or replacement is the customer's liability. Repairs must not be carried out by anyone except the supplier or the suppliers authorised agents.
8. The customer will keep clearly legible the suppliers name and other wording on the equipment.
9. The supplier shall decide upon removal of the equipment whether overloading has taken place and if the supplier is of the opinion that overloading has taken place the supplier shall be at liberty to remove the excess before removing the equipment. Further removal of excesses shall be charged at the hire rate at that time in force.
10. It is the responsibility of the customer to ensure the siting of the equipment on the public highway is authorised by the required authorities including the local authority and police. In addition it is the customer's responsibility to ensure that all terms of authorisation are complied with including coning and lighting. Where necessary the supplier will supply the correct equipment at the time of delivery but cannot take any responsibility during the hire period.
11. Asbestos and any other hazardous waste should not be placed in the skip. Any skips found to contain any such waste in a skip will be told of the offence and the environment agency will be informed. An extra charge will be imposed and prosecution will follow.
12. Our hire charges are subject to annual review.
13. If you have any queries regarding the amounts shown on any invoices we advise you to notify our accounts department immediately. Any such queries must be raised within 30 days of the date of the invoice after which time you will be deemed to have accepted the invoice.
14. Our invoices are payable within 30 days. We accept payment by cash cheque bacs or any major credit or debit card. We reserve the right to charge interest in the case of overdue accounts. The current rate of interest charged is 2.5% per month. We may terminate supplies if payment of equipment billed is unduly delayed. However it is not our intention to use these arrangements in a way which is unfair or unreasonable.
15. In the event that a company owes Brampton Skip Hire money in relation to services supplied the directors of that company guarantee to pay the said money. The directors assert that they fully understand the nature and affect of their liabilities and obligations under this agreement and they acknowledge that they have been recommended to take legal advice and have been given the opportunity to take such advice.
APPLICABLE LAW
This engagement letter is governed by, and construed in accordance with English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference in relation to this engagement letter and to any matter arising from it. Each party irrevocably waives any rights it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
AGREEMENT OF TERMS
The terms set out in this letter shall take effect immediately upon your countersigning this letter and returning it to us or upon the supply of goods charged to your account from 1 November 2007 whichever is the earlier.
These terms also apply to any supplies prior to 1 November 2007.
Once it has been agreed, this letter will remain effective until it is replaced. We shall be grateful if you could confirm your agreement to these terms by signing the enclosed copy of this letter and returning it to us immediately.