Terms and Conditions of Hire
Customers shall provide adequate lights on containers left on the public highway or any place they are likely to cause damage or injury to third parties during the hours of darkness and they shall ensure the level and safe loading (and in particular the even distribution of weight) of materials into the containers. Customers shall also ensure that containers are not overloaded, whether by volume or weight. This condition shall endure until the container is collected from the site.
The customer warrants as a term of this contract that he has lawfully obtained every necessary permission or license from the authority which may be required in connection with the use of containers supplied under this contract and indemnifies Coopers Waste Management Services (Staffordshire) Ltd. For any loss or damage etc, suffered by the failure of the customer to comply with the said warranty
Customers requesting or ordering vehicles delivering or collecting containers to leave on the public highway shall reimburse us in respect of any loss, costs, damages or expenses we may thereby sustain whether as a result of damage to the vehicles themselves or the property of customers or third parties.
The customer shall allow the equipment (of all types) to be safely placed and operated and shall ensure that the collection vehicles have free access to the equipment.
Where possible, services will always be arranged to suit the customer. We reserve the right not to collect waste if the customer's account is in arrears or due to circumstances beyond the carrier's reasonable control.
Customers shall reimburse us in respect of any loss or damage to the equipment whilst on hire to them from whatever cause the same may arise (except fair wear and tear). They shall also fully indemnify us in respect of any claims for injury to persons or property arising out of the use4 of the containers howsoever the same may be caused or arise.
Customers shall reimburse us in respect of any loss or damage caused to the containers whilst on hire to them, by fire.
Customers shall give us three calendar months' notice in writing (except where otherwise agreed) for changes to be made in contractual arrangements.
In the event of termination of arrangements all amounts due to the time of termination are payable on demand.
All materials removed by us are accepted subject to the materials not being dangerous or difficult to dispose of as defined by section 17 of the control or pollution Act 1974 (section 17 of this act replaces the deposit of poisonous waste Act 1974) and as amended by the C.O.S.H.H Regulations 1989, unless properly declared in advance.
Unless previously notified to us the waste producer warrants that the waste described in the waste transfer note does not contain any 'special' waste or any concentrations of any explosive, flammable, noxious or polluting substance. Any significant change in the nature and description of the waste will be notified to Coopers Waste Management Services (Staffordshire) Ltd in advance of any collection. Due regards must also be given by the waste producer of the control, of substances hazardous to health regulations 1988. The customer will indemnify Coopers Waste Management Services (Staffordshire) Ltd for any loss or damage etc suffered by the failure of the customer to comply with the said warranty.
It is Coopers Waste Management Services (Staffordshire) Ltd current policy to issue tickets for all collections and a signature will be obtained provided it is freely available. If a signature is not obtained the customer will accept the record kept by the carrier as being adequate proof of service.
The hire period is always 4 weeks from the date of delivery. If the customer exceeds this period a surcharge will be applied and is required to be paid before collection.
Extract from the Environmental Protection Act 1990
34Duty of care etc. as respects waste
(1) Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances:
(a) to prevent any contravention by any other person of section 33 above;
(b) to prevent the escape of the waste from his control or that of any other person; and
(c) on the transfer of the waste, to secure:
(i) that the transfer is only to an authorised person or to a person for authorised transport purposes; and
(ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section and to comply with the duty under this subsection as respects the escape of waste.
(2) The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.
(3) The following are authorised persons for the purpose of subsection (1)(c) above:
(a) any authority which is a waste collection authority for the purposes of this Part;
(b) any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 of the Control [1974 c. 40.] of Pollution Act 1974;
(c) any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section;
(d) any person registered as a carrier of controlled waste under section 2 of[1989 c. 14.] the Control of Pollution (Amendment) Act 1989;
(e) any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and
(f) a waste disposal authority in Scotland.
(4) The following are authorised transport purposes for the purposes of subsection (1)(c) above:
(a) the transport of controlled waste within the same premises between different places in those premises;
(b) the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and
(c) the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain; and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.
(5) The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents.
(6) Any person who fails to comply with the duty imposed by subsection (1) above or with any requirement imposed under subsection (5) above shall be liable:
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
(7) The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.
(8) The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.
(9) The code of practice prepared in pursuance of subsection (7) above shall be laid before both Houses of Parliament.
(10) A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
EXTRACT FROM THE DUTY OF CARE- A CODE OF PRACTICE ANNEX C REGULATIONS ON KEEPING RECORDS
C1 The Environmental Protection (Duty of Care) Regulations 1991 (made under section 34) (5) of the Act) require all those subject to the duty to make records of waste that receive and consign, keep the records and make them available to waste regulations authorities.
C2 The regulations require each party to any transfer to keep a copy of the description, which is transferred. An individual holder might transfer onward the description of the waste that he received unchanged in which case it would be advisable for the sake of clarity to endorse the description for onward transfer to the effect that the waste was sent onwards as received. If different description of waste is transferred onwards whether or not this reflects any change in the nature of composition of the waste, then copies of both descriptions must be made. The holder making the copy need to be the author of the Description which will often be written only be the waste, the copies of both descriptions must be made. The holder making the copy need not be the author of the description which will often be written only by the producer and reused unchanged by each subsequent holder.
C3 The regulations also require the parties to complete, sign and keep a transfer note. The transfer note contains information about the waste and about the parties to the transfer.
C4 While all transfers of waste must be documented, nothing in the regulations required each individual transfer to be separately documented. In the case of, for example, weekly or daily collections of waste from outside shops or commercial premises, or the removal of a large heap of waste by multiple lorry trips this would be unrealistic because of the number of individual loads and the absence of any necessary contact between the parties to the transfer. It would be reasonable for a single transfer note to cover multiple consignments of waste transferred at the same time or over a period (not exceeding a year) provided that the description and all other details on the transfer note (who and what parties are) are the same for all consignments covered by the note. A single Transfer note could not cover a series of between different holders nor transfers of wastes of different descriptions.
C5 The regulations require these records (both the descriptions and the transfer notes) to be kept for at least two years. Holders must provide copies of these records if requested by any waste regulations authority.
C6 One purpose of documentation is to create an information source of use to other holders. It is open to holders to ask each other for details from records, especially to check what happened to waste after it was consigned. A holder might draw conclusions and alert the waste regulation authority to any suspected breach of the duty if such a request was refused.
C7 There is no compulsory form for keeping these records. It is recognised that a number of holders already keep records of waste in a manner that meets the requirements of the regulations with little or no further adaption.