Top Wasters: Terms and Conditions

General

Top Wasters Limited is a licensed waste broker and carrier with license number CBDU307918, company registration number 12222805, and registered office at 25 Westfield road, London, RM9 5BH. We offer the following services:

• Man & Van Rubbish Removal

The terms and conditions for each service are outlined below.

A) Man & Van Rubbish Clearance

1. Basis of Sale

These Terms and Conditions constitute the entire agreement between you and us for the provision of our Man & Van Rubbish Clearance Service, excluding all other terms and conditions. A contract is formed upon your acceptance of our quote, whether by telephone, email, or online. We reserve the right to adjust the quoted price if the information provided at the time of quotation was incomplete or inaccurate.

2. Provision of Services

We will provide our service with reasonable care and skill, except in cases of Force Majeure. While we aim to perform the clearance on the agreed date and time, delays may occur due to circumstances beyond our control. In such cases, we will inform you and, if necessary, arrange a new date as soon as possible. Estimated arrival times are not guarantees.

You agree to provide our clearance crews with free and safe access to the premises. Notify us of any special circumstances that may affect our quotation, such as access issues, large or heavy items, working at height, secured rubbish, potential disputes, or parking restrictions. Failure to do so may result in additional charges or a Wasted Journey Fee if we cannot perform the clearance.

You confirm you have full authority for us to collect and dispose of the rubbish. You will indemnify us against any costs or expenses from third parties resulting from a lack of authority to clear the rubbish.

If we detect or suspect asbestos or other hazardous materials, we may vacate the premises and will not be responsible for further clearance. You will still be liable to pay for our attendance and any waste already removed. We reserve the right to charge you for the removal of hazardous materials discovered after removal.

Sharp or dangerous objects should be separately stored in an appropriate container before we arrive for the clearance. Sharp objects should not be stored in bags for the safety of our clearance crews.

3. Price and Payment

Payment must be made after or at the time of clearance unless otherwise agreed in writing. If payment is not made, any waste collected may be returned to the producer.

4. Cancellations, Wasted Journeys, and Charges

If you are a consumer, you may cancel your clearance within 14 days of booking provided we have not started to provide the service. To cancel, you must provide written notice.

If we are unable to complete the clearance due to your act or omission (e.g., lack of access to the waste or cancellation despite the collection size being as booked), we will refund all monies paid less a Wasted Journey Fee of £20.

If items are too large to fit through doorways, we may attempt to dismantle them (e.g., remove table legs). If still unable to remove the item, we are not responsible for reassembly.

Our basic rates include a Labour Allowance for the collection crew to complete your clearance. Additional charges may apply if the clearance exceeds this Labour Allowance.

5. Limitation of Liability

This clause does not exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

Subject to this, we are not liable for loss of profit or any indirect or consequential loss. Our total liability is limited to the price of our services under the contract in question.

We cannot guarantee no damage to property during the clearance. Inspect the working area post-clearance and notify the crew of any damage before they leave. Any damage must be reported in writing within 7 days of completion.

6. Events Outside Our Control

We are not liable for any failure to perform or delay in performance caused by events outside our reasonable control (Force Majeure), including acts of war, natural disasters, and other unforeseeable events. Our obligations are suspended during the Force Majeure event.

7. Termination

We may terminate the arrangement at any time. Termination does not affect either party’s outstanding rights or duties.

8. Assignment

You may not transfer your rights or obligations without our prior written consent. We may transfer our rights and obligations to another organisation.

9. Notices

Notices must be sent to us at 25 Westfield road, London, RM9 5BH or email : office@topwasters.co.uk. Notices will be deemed received 24 hours after sending an email or three days after posting a letter.

10. Data Protection

We will use your personal information in accordance with our Privacy Policy.

11. General

If any provision of these Terms is found to be invalid or unenforceable, it will be severed, and the remaining terms will continue to be valid. Failure to enforce any right or remedy does not constitute a waiver. No person who is not a party to these Terms shall have any rights under the Contracts (Rights of Third Parties) Act 1999. These Terms are governed by English law.

B) Skip Hire

1. Definitions

1.1. “Customer” refers to the company or person requesting the hire of Equipment from Top Wasters.

1.2. “Equipment” means a skip or any other item hired through Top Wasters.

1.3. “Site” refers to where the Equipment is to be deposited at the request of the Customer.

1.4. “Owner(s)” and “Agent(s)” refer to the company or person owning the Equipment and acting as an agent or subcontractor for Top Wasters.

1.5. “Vehicle” refers to the Owner’s vehicle.

1.6. “Contract” means the contract for the hire of the Equipment.

2. Parties

The Parties to this Contract are the Customer and Top Wasters.

3. Basis of Contract

3.1. Any quotation or estimate is an indication and not binding unless confirmed in writing. Prices may vary until an order is accepted.

3.2. The Contract incorporates these conditions and constitutes the entire agreement. No variation is binding unless agreed in writing.

3.3. We may make changes to the Equipment specification to comply with safety or statutory requirements.

3.4. The hire term is 14 days unless otherwise agreed. We may extend or collect the skip at any time with notice.

3.5. For hires covered by the Consumer Credit Act 1974, the duration will not exceed 3 months.

3.6. Statutory rights of the Customer are not excluded or limited.

4. Equipment Use on Public Land

4.1. If Equipment is placed on public land, permission from the Highway Authority may be required.

4.2. The Owner is responsible for ensuring the permission is valid.

4.3. The Customer and Owner will comply with all conditions of the permission, including proper lighting during darkness.

4.4. Adequate space must be provided for Vehicle access for delivery and collection. Additional charges may apply if access is inadequate.

5. Customer Warranties for Equipment Use

The Customer warrants:

5.1. To take reasonable care of the Equipment, use it properly, notify us of any loss or damage, and keep it under their control.

5.2. Not to light fires or place corrosive or noxious substances in the Equipment.

5.3. Not to deposit restricted materials without prior permission. Surcharges will apply for unauthorised disposal.

5.4. To comply with the Control of Pollution Act 1974 and other relevant regulations.

5.5. To comply with Section 34 of the Environmental Protection Act 1990.

5.6. To protect the Equipment from theft or damage and return it in good condition.

5.7. To notify us immediately of any damage and not continue to use damaged Equipment.

5.8. Not to overfill the Equipment. Additional charges may apply for overloading.

5.9. To pay for repair or replacement costs if the Equipment is returned damaged or lost.

6. Customer Indemnities

The Customer agrees to indemnify us against:

6.1. Damage caused by requiring Vehicles to go off-road.

6.2. Damage or loss of Equipment while on hire.

6.3. Claims for injuries or damage arising from use of the Equipment.

6.4. Breaches of these conditions.

7. Limitation of Liability

7.1. Our liability for damage to property is limited to the retail cost of replacement.

7.2. We must be given the opportunity to remedy any issues before the Customer incurs costs.

7.3. We are not liable if hire charges have not been paid in full.

7.4. We are not liable for consequential or indirect losses.

7.5. We are not liable for delays in delivery due to causes beyond our control.

7.6. Nothing in this Contract limits our liability for death or personal injury due to negligence.

8. Price and Payment

8.1. Payment is by credit or debit card in advance. Additional charges may apply for surcharges or wasted journeys.

8.2. Payment is conclusive proof of entitlement and treated as admission of invoice validity.

9. Cancellation and Refund

9.1. You may cancel your order before we incur any costs.

9.2. Refunds will be made for undelivered Equipment, less card processing fees.

10. Termination by Notice

10.1. Fixed-term hires cannot be terminated early unless agreed. For non-fixed terms, either party can terminate with notice (default is 1 working day).

10.2. Outstanding sums must be paid upon termination.

11. Risk and Title

11.1. Risk transfers to the Customer when Equipment leaves our control and transfers back when returned.

11.2. Title remains with the Owner. The Customer has no title or interest in the Equipment.

12. General

12.1. Invalid or unenforceable terms do not affect the validity of the remaining conditions.

12.2. Delays or failures to exercise rights do not constitute waivers.

12.3. The Contract is governed by English law.

For any questions or further information, please contact us at 25 Westfield road, London, RM9 5BH or email : office@topwasters.co.uk 

Top Wasters Terms and Conditions have been updated in May, 2024.