Terms & Conditions

Definitions

• "Additional Charge" is any additional amount payable by the Hirer as set out by the hire (Baybinz).
• "Agreement" is the agreement between Baybinz and the Hirer created when Baybinz accepts. 
• "Charges" means the initial Hire Charge and any Additional Charges.
• "Collection Time" is the time that the Skip is actually removed from the Site by Baybinz.
• "Delivery Time" is the time that the Skip is actually delivered by Baybinz to the Site.
• "End Date" is the end date selected by the Hirer. And agreed by the Baybinz.
• "General Waste" means light domestic, construction or office waste which is accepted for dumping at Transfer Stations.
• "Green Waste" means anything above ground from the garden, but excluding sawn timber, soil or stumps.
• "Hire Charge" is the amount payable by the Hirer for the standard hire as shown in the completed Application Form.
• "Skip" is the skip delivered to the Site by Baybinz as selected by Bahbinz.
• "Start Date" is the start date selected by the Hirer.
• "Unacceptable Waste" means hazardous material, asbestos, soil, concrete, tyres, liquid, paint, chemicals, batteries and oil.
• Terms defined in the Application Form have the same meaning in these terms and conditions.

Term/Delivery and Collection

The Hirer takes the Skip on lease for the term commencing at the Delivery Time and terminating at the Collection Time.

The Hirer must ensure that Baybinz can obtain access to the Site for delivery of the Skip on the Start Date and that the Skip is readily accessible at the Site for collection by Baybinz on the End Date.

The Hirer must ensure that at on the End Date that any lids of the Skips are able to completely close and that any locks used by the Hirer to secure the Skip are removed. The Hirer irrevocably authorises Baybinz to cut or otherwise remove any locks on the Skips at the Collection Time.

The Hirer confirms that the Hirer has authority to grant access to the Site and irrevocably authorises Baybinz to enter the Site for the purposes of delivery, inspection and collection of the Skip.

Baybinz Ltd will endeavour to deliver and collect the Skip on the day of Delivery and Collection Day Baybinz will not be liable for any delay in delivery or collection and no refund or reduction of any Charges will be made for such delay.

No refund or reduction of any Charges will be made if at the request of the Hirer the Skip is collected before the End Date.

Charges

The initial Hire Charge must be paid for as part in full, prior to bin drop off.

All Additional Charges are payable by the Hirer on the 20th of the month following receipt of an invoice from Baybinz. The Hirer irrevocably authorises Baybinz to debit the credit card or bank account that is used to pay the Hire Charge with all Additional Charges.

All payments to be made by the Hirer under the Agreement must be made in full and without any deduction or set off or counterclaim.

Default in payment

If the Hirer defaults in payment of any Charges then the Hirer shall pay on demand interest at 4% above Baybinz Bank’s overdraft interest rate from time to time on the moneys unpaid from the due date to the date of actual payment.

All costs incurred by Baybinz relating to the collection of outstanding amounts, enforcement of the Agreement or repossession of the Skip will be payable by the Hirer on demand.

Information accurate

The Hirer warrants that all information provided by the Hirer in the Application Form is true and accurate in all material respects.

The Hirer will notify Baybinz immediately if any of the information provided in the Application Form changes or becomes incorrect during the term of the hire.

Use and Care of Skip

The Hirer must ensure that they retain possession and control of the Skip and that the Skip remains on the Site at all times.

• The Hirer must not:
• The hirer must not place anything other than Green Waste or General Waste in the Skip;
• Place any Unacceptable Waste in the Skip;
• Load more than 1200kg of General Waste and/or Green Waste into the Skip; or
• Damage the Skip or allow the Skip to be damaged. The Hirer must immediately notify Baybinz Ltd of any damage.

The Hirer must pay to Baybinz on demand the cost of remedying any defaults under this clause.

If Baybinz determines that the Skip contains Unacceptable Waste, the Hirer irrevocably authorises Baybinz to dump the contents of the Skip at the Site. If the Skip is dumped in accordance with this clause, the Hirer will not be entitled to any refund of the Hire Charge and must indemnify Baybinz from any liability arising as a result of such dumping.

Ownership and PPSA

Baybinz retains full title to the Skip notwithstanding the possession and use of the Skip by the Hirer subject only to the rights of the Hirer as a mere bailee of the Skip with a right only to use the Skip in accordance with, and under, the Agreement.

If the Agreement creates a security interest (“security interest”) (as that terms is defined by the Personal Property Securities Act 1999 (“the PPSA”)) in the Skip, the Hirer if requested will sign any documentation to perfect the security interest as that term is defined by the PPSA.

The Hirer waives its right to receive a verification statement or financing change statement in accordance with the PPSA.

Risk and Insurance.

The Skip shall be at the sole risk of the Hirer from the Delivery Time to the Collection Time.

Baybinz has insurance for the Skip. Such insurance is limited to the value of the Skip only and covers accidental unforeseen damage or theft but excludes the Excluded Risks as defined in 8(iii). The Hirer shall remain liable for any loss or damage to the Skip not covered by the insurance and for any excess payable for any claim in respect of the Skip.

The insurance under 8(ii) does not include the following Excluded Risks:

• damage due to misuse, abuse or negligence, loss by theft where the Hirer failed to take proper precautions to protect the Skip;
• consequential damage to personnel, property or third party; or
• the Skip is wilfully or recklessly damaged or lost by the Hirer, any authorised operator or any person under the Hirer’s authority or control.

The Hirer is liable for loss or damage from Excluded Risks.

Indemnity

The Hirer shall indemnify Baybinz against all damages, losses or liabilities which may arise in respect of the Skip, its use or operation by the Hirer or by any other party.

No dealings with Skip

The Hirer shall not, without Baybinz prior written consent, agree, attempt, offer, or purport to sell, assign, sublet, lend, pledge, mortgage, bail, let on hire or otherwise part with or attempt to part with personal possession of the Skip or otherwise deal with the Skip.

The Hirer shall not, without Baybinz prior written consent, suffer any encumbrance, charge or lien of any kind to arise or remain on the Skip or any part of the Skip.

Inspection

The Hirer grants Baybinz the right, at all reasonable times to inspect the Skip on the Site, upon Baybinz giving the Hirer reasonable notice and without unduly interfering with the Hirer's operations.

Exclusions

No provision, other than those which are mandatory, shall be implied by statute or at common law or otherwise into the Agreement against Baybinz. No representation, condition or warranty (express or implied) shall be binding upon Baybinz unless it is in writing and executed by Baybinz Ltd.

Pursuant to section 43 of the Consumer Guarantees Act 1993, that Act will not apply where the Hirer holds itself out as leasing the Skip for the purposes of business. Except to the extent that the Consumer Guarantees Act 1993 does apply, no warranties are given by Baybinz in respect of the Skip whether in respect of quality, fitness for intended purpose or otherwise.

Under no circumstances is Baybinz liable for any claim, action, demand, suit, loss, legal fee or other cost or expense of any kind whether directly or indirectly arising from the use or inability to use any Skip whether arising under law, contract, negligence or other tort. Such loss will include, but not be limited to any loss of income, profit or business, loss in the nature of overhead costs, any loss of goodwill or reputation and any fine, penalty, cost or loss incurred by the Hirer connected in any way with transportation of the Skip

If Baybinz is ever liable to the Hirer, or any other person, and Baybinz cannot rely the clauses set out above, then the liability of Baybinz is in all cases is limited to the refund of the Hire Charge.

Termination

If the Hirer defaults on any of the Hirer’s obligations under the Agreement Baybinz may, without prejudice to any other rights or remedies, immediately, or at any time thereafter, without giving any notice to the Hirer, enter upon the Site or any land or premises where the Skip may be situated and retake possession of the Skip and terminate the Agreement. The Hirer irrevocably authorises Bayinz to do the same.

Guarantee

The Guarantor unconditionally and irrevocably guarantees to Baybinz the due, punctual and proper performance by the Hirer of all its obligations under the Agreement.

The liability of the Guarantor under clause 14(i) shall constitute a principal obligation of the Guarantor and such liability shall not be relieved or in any way affected in a manner prejudicial to Baybinz by any granting of time, waiver, or forbearance to sue by Baybinz or by any other act, omission, matter, circumstance or law whereby the Guarantor as a surety only would, but for the provisions of this clause, have been released from liability. The Guarantor acknowledges that prior to signing this guarantee, the Guarantor was advised to seek legal advice.

General

To be effective, any waiver of any or all of these terms and conditions by Baybinz must be in writing.

Baybinz is not bound by any error or omission on any invoice, order form or other document or statement issued by Baybinz.

The Hirer may not assign all or any of its rights and obligations under the Agreement without the prior written consent of Baybinz.

Any time or other indulgence granted by Baybinz shall not prejudice the strict rights of Baybinz under the Agreement.