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LMS Skip Hire, which is a family run business, can provide a skip service to the following local towns:
Ludlow, Leominster, Craven Arms, Clee Hill, Cleobury Mortimer, Tenbury Wells

TERMS AND CONDITIONS

Services provided to the Customer stated overleaf are subject to the following
 
1. DEFINITIONS
“In these Terms and Conditions;
“Duty of Care” means the duty of care under Section 34 of the Environmental Protection Act 1990:
“Equipment means the equipment deposited for loading with Waste Material;
“Excluded Waste” means any waste which does not comply with the waste description stated
overleaf.
“Waste Material” means Customers waste material described overleaf for collection and disposal.

2. WASTE MATERIAL
2.1 Customer undertakes that -
a. The Waste Transfer Note overleaf contains an accurate and adequate description of the
nature and characteristics of the Waste Material to enable safe and lawful management of
the same.
b. Is the sole owner of the Waste Material and
c. No excluded waste is or will be contained in waste for collection.
WASTE MATERIAL MUST BE ACCURATELY DESCRIBED OVERLEAF FOR COMPLIANCE WITH
DUTY OF CARE

2.2 Customer shall ensure that the Waste Material is lawfully and properly labeled and packaged to
enable it to reach its final point of disposal without escape where the Waste Material is contained
in drums, bales, bags or other containers.

3. INDEMNITY
Notwithstanding Clause 2.2, title to, risk of loss and liability for any Excluded Waste shall remain
with Customer and Customer shall indemnify and hold harmless LMS Skips Ltd from and against
any and all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of
the deposit of any Excluded Waste in the collection vehicle, containers and other equipment of
LMS Skips Ltd or any subsequent handling of such waste by or on behalf of LMS Skips Ltd
However, LMS Skips Ltd accepts that its liable for death or personal injury resulting from its
negligence.

4. Where the driver is directed to deposit or pick up the skip on or from a site which is off a highway
LMS Skips Ltd shall be under no liability whatsoever to the customer for any damage howsoever
caused whilst the vehicle is off the highway or other than such as might have been caused by
negligent driving on the part of the driver. Without prejudice to the generality of the conditions the
hirer shall subject as above save harmless and keep the owner indemnified against any claim or
demand which could not have been made had the driver not been so directed.
The hirer will compensate the owner for any damage to the vehicle or the skip which would not
have occurred had the driver not been so directed and which is not due to any negligent driving
on the part of the driver.

5. DAMAGE TO SURFACES AND THIRD PARTY PROPERTY
Customer recognises that it is difficult for LMS Skips Ltd to ensure that Customer’s pavement or
driving surface is adequate to bear the weight of LMS Skips Ltd vehicles. Therefore, Customer
accepts responsibility for assessing and ensuring such adequacy and obtaining appropriate
insurance cover and responsibility for any damage to Customers pavement, curbing or other
driving surfaces resulting from the weight of LMS Skips Ltd vehicles providing services at
Customers location.

6. EQUIPMENT
6.1 The equipment shall remain the property of LMS Skips Ltd at all times. However, Customer accepts
that it has custody and control of the Equipment and shall take reasonable care of it while at
Customer’s location, and accepts responsibility for all loss or damage to the Equipment (except
for loss or damage resulting from LMS Skips Ltd negligent handling of the Equipment) and for its
contents while in its custody and control.

6.2 Customer shall inform LMS Skips Ltd immediately (by telephone and then confirmed in writing) if
any Equipment is lost, damaged or defaced in any way.

6.3 Customer shall keep all Equipment safely secured or sealed at its cost and expense prior to
collection.

6.4 Customer shall not overload (by weight or volume), more or alter the Equipment, and shall use
the Equipment only for its proper and intended purpose. Equipment must not be loaded above
the level of the side thereof.

6.5 Customer shall ensure that any item of Equipment placed in a street, highway or public
thoroughfare is adequately lit and coned at all necessary times.

6.6 Customer shall indemnify and hold harmless LMS Skips Ltd from and against any and all claims,
damages, suits, penalties, fines, losses and liability for injury or death to persons or loss or
damage to property (including by way of example and not limitation, burnt Equipment and damage
to third party’s property arising out of Customers use, location operation or possession of the
Equipment but not caused by the negligence of LMS Skips Ltd or its employees.

6.7 Customer hereby gives irrevocable right and licence to LMS Skips Ltd and its designees to enter
any premises at any time with or without vehicles and with or without notice for the purpose of
accessing and / or removing the Equipment. Customer shall provide unobstructed and site access
to the Equipment for any collection. If the Equipment is inaccessible so that any pick up cannot be
made, LMS Skips Ltd will promptly notify the Customer and afford the Customer a reasonable
opportunity to provide the required access; however LMS Skips Ltd reserves the right to charge to
the Customer any wasted or additional collection costs incurred due to Customers failure to
provide such access.

7. RESPONSIBILITY
7.1 Except for liability arising out of LMS Skips Ltd negligence or breach by LMS Skips Ltd of the
Duty of Care.
a. Resulting in death or personal injury; or
b. resulting in damage to property limited to a maximum of £5,000,000 for any one event or
series of connected events. LMS Skips Ltd shall not be liable to Customer for any direct or
indirect or consequential loss (including, without limitation, economic loss or loss of profits
or goodwill) or for any damage or expense of any nature whatsoever incurred or suffered by
Customer (whether arising in contract, negligence, tort or otherwise) arising out of or in
connection with the provision of any services by LMS Skips Ltd, its empoyees or agents.

7.2 Customer expressly acknowledges being subject to the Duty of Care and Customer shall
indemnify and hold harmless LMS Skips Ltd from and against any and all claims, losses,
damages, penalties, lines and liabilities resulting from or arising out of Customers non-compliance
with said Duty of Care.