ECOHUB LTD – CONDITIONS OF HIRE - TERMS OF BUSINESS
When you place an Order with www.ecohubuk.com, you agree to be bound by our Terms of Business as specified in this document. This does not affect your statutory consumer rights in any way.
For the purposes of this document, use of the second person (you, yourself etc) refers to the Customer and use of the first person (we, us etc) refers to Ecohub Ltd (Ecohub), with Company Number: 05558131, Controlled Waste broker with Registration Number: CB/XE5793SG, registered at 158 Beddington Lane, Croydon, Surrey, CR0 4TE.
For an explanation of the definitions used in these Terms of Business please refer to the section entitled "DEFINITIONS" at the end of this document.
These Terms of Business apply to:
1) Hire of a Container by you from the Provider, and 2) The arrangement of such hire through Ecohub Ltd
Ecohub provides an online resource that publishes charges and offers for the hire of Containers by third-party suppliers (Providers). When you make an Order, we facilitate for you the hire of a Container between a Provider and yourself. Ecohub assumes no liability or responsibility for any acts carried out or omissions made by the Providers. Your Order is bound by these Terms of Business. No other Terms of Business belonging to the Provider or the Customer will modify or override them.
1.a On submission of your Order request via www.ecohubuk.com you consent to our Terms of Business as they appear in this document and elsewhere on www.ecohubuk.com. 1.b Your Order constitutes an offer and we may elect not accept it. Neither we, nor the Provider is is deemed to have entered into a contract with you unless or until we receive all required payment details from you in order to process the Container Order or Ecohub is otherwise satisfied with the situation of the payment and an Email of Acceptance is issued.
1.c If your Order request is accepted you will be sent an Email of Acceptance that will include your order details. You are required to provide Ecohub with a working email address for this purpose. Within the Email of Acceptance you will be provided with an Order number for reference, which should be quoted in all subsequent correspondence. 1.d When you are sent an Email of Acceptance, the Provider concerned is deemed to have agreed to supply you with the Container as described in the Order. 1.e All prices and charges will be calculated according to our published rates at the time when the Email of Acceptance is sent. All applicable prices and charges including delivery are published on our Website.
1.f You are required to supply us with all relevant details as requested in order for us to process your Order. These include but may not be limited to Delivery Location, delivery details and instructions, postcode, telephone contact and email. It is your responsibility to ensure that the Delivery Location is suitable for using and siting the Container. 1.g Sometimes Ecohub and/or our Providers may offer products or services at discounted rates. These are subject to availability and valid from when they are introduced by us, or our Providers until the offer end date. They may be applied to purchases that were made before the date on which the offer was introduced or after the date on which the offer ends. 1.h Containers, Offers and Promotions displayed on our Website are subject to availability and may change without prior notice.
1.i We are unable to apply special offer discounts to purchases that have already been made. If a Container's price falls or is discounted under a special offer after you have made your Order, the price of the Container at the time you placed your Order will prevail. We reserve the right to change special offer terms, or completely withdraw them, without prior notification. We retain our freedom to offer individualised offers and special promotions to Customers with no obligation to offer the same discount to additional Customers.
1.10 The Provider is a third party and is not a subcontractor or agent of Ecohub, they are introduced to you by Ecohub in order to facilitate your relationship.
2.a The Price stated on the Email of Acceptance is for the duration of the Container hire including Saturdays, Sundays and Public Holidays.
2.b The cost of your order is payable to us by you immediately when you place your Order via www.ecohubuk.com or if you are happy to proceed with our quotation.
2.c Payment is due in £ Sterling and can be made using any method as listed on our Website payment page. The payment shall be taken when the Customer submits the Order.
2.d If you are paying by credit card, please note that sometimes credit cards which do not have enough funds available and whose details are entered inncorrectly may not be validated due to security checks being performed by the issuer of the card. If this occurs, telephone payment will be required. In this case we will contact you by email or telephone. If we do not succeed in making contact we will leave you a message informing you that your card issuer has not validated your payment and requesting that you email our customer liaison team by telephone or by emailing firstname.lastname@example.org so that we may attend to your order. Note that Ecohub will usually only respond to contact during Working Hours, which are between 9:00 and 17:00 excluding Saturdays, Sundays and English Bank Holidays.
2.e If an Order is paid for by debit or credit card and shortfall arises subsequently, for instance if unsuitable waste is placed in the Container), Ecohub and/or the Provider reserve the right to charge any balance to the same card that was used for payment of the initial payment. Equally, part payments may be processed at staged intervals during the Contract using the credit or debit card provided.
By purchasing a skip through www.ecohubuk.com you are agreeing not to dispose of the following items without prior arrangement with yourselves;
* Food waste,
* computer monitors,
* full paint cans,
* gas canisters,
Should any of these prohibited items be found in your skip, you will be charged a probibited item disposal rate automatically to the card that the skip was purchased with without notice. Prohibited disposal rates vary from supplier to supplier so please check with the supplier once your booking has been accepted. Full details of the supplier are automatically emailed to you.
2.f You must pay on demand all costs outstanding including any interest due on outstanding amounts. In this case you will be responsible also for payment of any reasonable legal costs incurred by Ecohub or the Provider for the repossession of the Container as well as any outstanding costs due.
TREATMENT OF YOUR PERSONAL INFORMATION
When you request a quote and subsequently place an order, we request the following personal information:
• Customer email address – this is used for the purpose of order acceptance, to inform you of the Order status and in the event that we need to make and inform you of any substitutions;
• Full name and address of Customer - we use this information for delivery, to validate credit card transactions and for direct mail purposes in the event that you have agreed to receipt of these mailings;
• Customer telephone number(s) - we use this information to contact you in the event of any problem with your Order such as payment issues or delivery problems;
• Full name and address of recipient – in the case that this is different from the customer address;
• Recipient telephone number(s) - if different from the customer telephone number.
3.b Ecohub Ltd does not retain or store any kind of financial information.
RETURNS AND AMENDMENTS TO YOUR ORDER
4.a We request that you make direct contact with the Provider if you need to effect any change to the Container Order. The Provider does guarantee to permit any changes but they endeavour to do so as long as you are able to agree between you any price changes or other details that will occur as a result of changing your Order.
4.b Under the Consumer Protection Regulations, year 2000 – also known as the Distance Selling Regulations, there are circumstances in which you may have a right to request that your Order is cancelled. In this case you must inform the Provider of the cancellation in writing. The cancellation notice should include your Order reference and should be submitted to the Provider by the means stated in the Email of Acceptance.
4.c In cases where cancellation is permitted, the Contract can be cancelled at any time for seven days after your receipt of the Email of Acceptance.
4.d If the Contract is cancelled orally you must confirm it in writing to the Provider using the method stated in the Email of Acceptance.
4.e If your Order requests that a Container is delivered before the completion of the period of seven days, the Consumer Protection Regulations as outlined above regarding your right to cancel will not apply.
4.f In the event that you do cancel the Container hire and you have no right to do so under the Regulations above, we will apply the following charges:
• Cancellation with notice of more than three days: 10% of the total charge for hire; • Cancellation with notice of one to three days: 50%; • Cancellation with notice of under 24 hours: 100%.
4.g If the Container ordered by you was listed at an incorrect price due to a typographical or administrative error, the Provider reserves the right to cancel the contract.
5.a Deliveries will only be made to locations on the UK mainland.
5.b The Provider will endeavour to deliver the Container day you request on your Order as specified on the Email of Acceptance, subject to availability of the Container type and provided there are no problems with your Order.
5.c Unless otherwise agreed between you and the Provider, the Provider will collect the Container seven days from the day it was delivered.
5.d The Container will only be delivered to the Delivery Location stated in your Order. In the event that the location specified in your Order is or appears to be unsuitable, the Provider will be unable to desposit it at the Delivery Location.
5.e A signature of receipt is required for all deliveries. The Customer guarantees that the individual who will sign for delivery has their authority.
5.f If the Delivery Location is not suitable or the recipient not be present at the delivery time, the Provider may make a charge for failed delivery and you will be required to organise directly with the Provider for the Container to be redelivered.
5.g Neither Ecohub nor the Provider accepts any liability for a delayed deliver occurring due to circumstances that are beyond our reasonable control or beyond the control of the Provider.
5.h The Provider will always endeavour to deliver your Container to the Delivery Location you specify, however occasionally this is impossible because of issues with address details or other problems. To minimise this we request that you please:
• Make sure you provide comprehensive and accurate information for the Delivery Location including the full address and post code;
• Provide any additional instructions that will assist with locating complicated addresses;
• Inform us immediately if there are any changes to the Delivery Location or the availability of the recipient before the Order is delivered. Neither Ecohub, nor the Provider accept responsibility for any Order that cannot be delivered, or for any other issues or consequences arising from you supplying information that is not correct or not complete or because an authorised Recipient is not available to sign for the Container.
5.i If the Provider is required to redeliver an Order, they may charge the Customer to do so at their standard rates.
5.j Container hire includes transport and delivery plus the delivery vehicle's attendance of up to 30 minutes' at the Delivery Location. Additional time will be charged to The Customer at the standard rates of the Provider.
6.1 Ecohub nor any of our Providers is responsible for any delay or failure to perform where such delay or failure results from circumstances that are beyond our control. These may include but not be limited to explosion, fire, flood, accident, inclement weather conditions, congested traffic, mechanical failure, blocking of any public or private highway, government act, riot, war act, act of God terror act, strike or industrial dispute.
AVAILABILITY OF CONTAINERS
7.1 The Provider reserves the right to supply a Container that is larger than specified in your Order at no additional charge provided that the substitute Container is of an appropriate size for the Delivery Location.
DEALING WITH PROBLEMS, OWNERSHIP AND RISK
8.a Occasionally, Containers may differ from the specification ordered when they arrive at their destination although the Provider uses its best endeavours to make sure this does not occur. If you or your nominated Recipient receive one that does not match the description that appears in the Email of Acceptance you should immediately make contact with the Provider.
8.b So that any issues may be resolved quickly, you are requested to make any complaint known within 48 hours of the delivery date of the relevant Container.
8.c All complaints to the Provider must be made to their contact details as specified on the Email of Acceptance.
8.d The Customer or Recipient should inspect the Container before signing for delivery to confirm that it is in good working order and damage free.
GUARANTEES AND DISCLAIMERS
9.1 We aim to ensure that the information contained on www.ecohubuk.com is correct, however we cannot guarantee it is accurate or complete. We reserve the right to make changes at any time without prior notice to the material contained on www.ecohubuk.com or to any of the prices or services described on it. It is possible that material on www.ecohubuk.com is out of date and we do not undertake to update it.
9.2 The Information, material and content on www.ecohubuk.com is provided without any express or implied warranties, conditions, or other terms, which are excluded to the full extent permitted by the law that is applicable.
9.3 Unless expressly stated, all conditions, guarantees or other terms laid down by trade practices, statute or common law are fully excluded as far as applicable law permits.
CONTENT AND LINKS
10.1 You may download and retain for the purposes of your personal record, details of the Container or product(s) you have ordered, your Order page and these Terms of Business.
10.2 The Customer is not permitted to modify any of the content contained in www.ecohubuk.com. None of it may be replicated or hosted anywhere else on line, nor included in any document system or service, either public or private, or be used for anything other than for its intended purpose. It is not permitted to publish, disseminate or otherwise replicate any of www.ecohubuk.com's content or copies of the same in any format without obtaining written permission from us beforehand. We reserve the right to grant or withhold such permission at our own discretion.
10.3 Any links that appear on www.ecohubuk.com linking to the websites of third parties are provided for the Customer's benefit only and should you use them you will be navigating away from www.ecohubuk.com. Not all these websites have been reviews by us. We have no control over them and we cannot be held responsible for their content, availability or any other aspects of them. Ecohub does not endorse or promote these websites, any of the material they contain or any effects that may occur from using them. Access of any third party Website linked to on www.ecohubuk.com is made entirely at your own risk.
10.4 If you wish to link to www.ecohubuk.com you must obtain our prior agreement in writing, which we are not obliged to grant. Any right to link a website to www.ecohubuk.com may be revoked by us for any reason at any time. We also reserve the right to take any action that we deem appropriate.
11.1 It is not permitted to transmit to or post on www.ecohubuk.com anything which:
• is technically harmful including, without limitation, computer viruses, logic bombs, Trojans, worms, harmful components, corrupted data or other malicious software or harmful data;
• involves misusing www.ecohubuk.com, for instance by hacking, or actions which aim to change or affect the functionality or performance of any of www.ecohubuk.com's computer facilities or any facilities that are accessed through www.ecohubuk.com.
EXCLUSIONS AND LIMITS
All first-person references refer to Ecohub Ltd and the Provider for the purposes of clause 12 only.
12.a Ecohub makes all reasonable efforts to keep our Website and/or the services Ecohub provides in it (Services) are free of error and fully operational. However this cannot be guaranteed and we do not accept responsibility therefore for any errors it may contain or any defects in and/or interruption to www.ecohubuk.com or to the Services we provide.
12.b Ecohub accepts liability for personal injury and/or death if it arises from our own negligence, from our employees' negligence. We also accept liability that arises from any fraudulent representation if made by us and any other liability where we are not permitted to limit or exclude such liability under applicable law.
12.c Once the container has been signed for and left with the customer. The container is now left at the customer at his/her own risk.
12.d Conditional upon point 12.b and as permitted to the full extent by the applicable law Ecohub excludes all liability for claims, demands, losses and damages whatsoever. Without limitation, these include, loss of contracts, loss of profits, loss of data, loss of business opportunity and any incidental special losses or damage arising consequently, even if you have advised us that such damages may be possible. We also exclude all liability for costs that may be suffered or incurred by you that arise directly or indirectly out of or connected in any way to your usage or tenure of the Container concerned, or www.ecohubuk.com and/or Services' unavailability to you. This applies whether it arises in contract, tort (to include negligence), under statute or any other way, as long as nothing that appears in this Terms of Business document affects or is likely to affect any consumer or other statutory rights that you may have, and which are not able to be excluded regarding the quality, fitness for use or description of the Container supplied.
12.e Conditional upon clause 12.b and without prejudice to clause 12.d we have no liability for any consequential or indirect losses, liabilities costs, proceedings or claims that may be due to, or arise out of any defect or breakdown the Container may have or its late arrival, non-arrival, retrieval or unsuitability or any breakdown or defect it may have.
USE OF CONTAINER AT THE CUSTOMER'S DELIVERY LOCATION
13.a The Customer must comply with all statutory authoritys' beylaws, legislation and regulations of statutory authorities, local or otherwise, that relate to the Waste or to the Container.
13.b The Customer must not, nor must he permit anyone else to:
• Deposit in the Container or cause the deposit in it of anything other than Waste;
• Overload the Container. Note that in the Environment Act 1990, Section 34, it specifies that anyone who creates waste is bound by a duty of care '...to prevent the escape of waste, that is, to contain it.' The Customer is not permitted to load the Container beyond its capacity. For a skip, this means it must not reach above the sides. Please note that the Provider is forbidded by law to move a skip that is overloaded;
• Attach any lettering, sign writing, painting or propaganda to the Container;
• Conceal, deface or remove any plaque or branding pertaining to the Container's and must grant the owner reasonable access to repair or inspect such plaques or branding;
• Transport the Container by any means whatsoever from its Delivery Location;
• Interfere with the Container's mechanism;
• Set fire to the Container's contents;
• Deposit into the Container any forbidden items as described in Clause 18;
• Keep the Container in use in the event that it is damaged. The Customer undertakes to immediately notify the Provider in the event of damage or accident involving the Container, resulting in injury to anyone or damage to property.
13.c The Customer will:
• Treat the Container with reasonable care and use it safely and correctly, only for its intended purpose; • Take sufficient steps to protect the Container from damage, theft and any other risks;
• Immediately inform the Provider if the Container suffers any loss and/or damage; • Return it in good condition and working order (with the exception of reasonable wear and tear) and in compliance with the Terms of Business contained herein.
CONTAINERS THAT ARE LOST, UNRETURNED, DAMAGED OR RETURNED UNCLEAN
14.a The Police and the Provider must both be informed immediately in the event that a Container is lost or stolen.
14.b In order to effect the termination of the hire, Customers reporting a stolen Container to the Provider must provide a relevant incident number, which will be supplied by the police.
15.a Under no circumstances is the Customer permitted to sell or give up the Container's possession or control in any other way. You will retain responsibility for ensuring the safety of the Container during the entire hire period.
16 The Customer will allow access to Ecohub and/or the Provider for the purpose of exchange, recovery or inspection at all reasonable times.
DELIVERY LOCATION ACCESS AND GROUND CONDITIONS
17.a The Customer is responsible for providing a precise location to which the Container should be delivered (the Delivery Location). It is forbidden to move it from said Location without obtaining specific written authority from Provider.
17.b The Customer must provide available and appropriate access in and out of the Delivery Location, including removing and replacing any local obstructions as necessary. You must also ensure that the conditions of the ground are suitable for any Container to be placed there.
17.c Neither Ecohub, nor the Provider will accept responsibility for any damage caused to the Delivery Location or to any surface that the Container must be moved over in order to arrive at the Delivery Location. The Customer is responsible for taking the necessary measures to protect tarmac, paving, soft ground and other surfaces as necessary before the contracted Delivery time.
17.d The Customer is responsible for making sure that there is sufficient clear space to enable the Container to be collected at collection time. This is the time as specified in the Email of Acceptance or at the final time confirmed with and by the Provider. In the event that the Customer does not make sure that enough clear space is available for the Container's collection, you will liable for any charges for abortive collection at the standard rate set by the Provider.
17.e At the designated collection time the Customer must ensure that there is space of of not less than the length of two cars is left clear to one end in order to allow sufficient access for the Provider's vehicle to carry out the removal. If collection or delivery is impracticable due to the Container's inadequate access the Customer will be required to pay any abortive collection or delivery costs that are incurred.
17.f If the Delivery Location is located on public land the Customer must inform us in order that the Provider may organise with the Highway Authority any permits and permissions as required by law. In the event that you do not inform us of such circumstances the Provider and Ecohub will be indemnified by you against all resulting costs, penalties and losses. This will include legal costs.
17.g In the event that the Delivery Location of the Container is not on private land it is the Customer's responsibility to observe and perform any and all conditions laid down by the granting of the permission/license. You should notify the Provider immediately if the Container ceases to be sufficiently lit, suffers any damage or is moved.
17.h If a Highway Authority or one of its representatives requires the removal or relocation of a Container, Ecohub or the Provider may organise this at any time.
17.i Conditional always upon Clause 12. In the event that the Delivery Location is situated on private land, neither Ecohub nor the Provider will accept responsibility for any damage to property during the delivery and collection process. The Customer is required to ensure any property is protected and should indicate any hazards or danger to the Provider during the Container's collection and delivery. WASTE
18.1 None of the listed items below should be consigned to the Container: • Refrigerators/Freezers • Empty or full paint tins • Bed mattresses • Gypsum products • Substances that can damage health i.e. corrosive or toxic liquids or materials • Tarmac • Electrical Goods i.e. ( Tvs, Videos, Microwaves, Irons, Computers, Kettles etc) • Gas Bottles • Any kind of liquids, contained or otherwise • Drums, cans or any other type of container, unless the containers are empty, have been crushed and cannot hold any liquid • Animal carcasses or other medical waste • Asbestos • Tyres • Hazardous Waste such as wipes, rags, mastics, filters, oil, aerosols, fluorescent tubes, resins, glues and any other waste that is hazardous, harmful or toxic. • Materials that are not included above, but are considered not suitable for consigning to a Container, for example waste that is malodorous.
This is not an exhaustive list and therefore if you have any queries or require further clarification, please do not hesitate to call our customer representatives on 020 8683 5199 or email them at email@example.com
TERMINATION OF CONTRACT
19.a The Container can be repossessed and the contract cancelled by The Provider without changing any rights to recoup damages for the breach of contract, any monies due, or other recourses if you: Do not make a payment when due to Ecohub or the Provider;
Breach the Terms of Business and have not remedied that breach within 24hrs of being notified to remedy the breach, as long as the breach can be remedied;
Breach on multiple occasions these Terms of Business;
Have provided inaccurate, incomplete and misleading information in relation to the Container hire;
Pledge any charge or security over a container. Threaten to cease business, compound with creditors, apply for an interim moratorium regarding claims or proceedings, are presented with a petition for bankruptcy, have your company entered into Compulsory or Voluntary Liquidation, have an administrator or receiver assigned over some or all of your company's assets, have an attachment order made against you or any legal process such as a distress execution is applied to your property.
19.b In the case that any of the events listed in Clause 19.a above, were to take place relating to you then the Provider or Ecohub will, without prejudicing any other means of recourse, exercise all or some of the rights listed below:
• With no prior notice the Provider is permitted to enter any of your premises where the hire Container is situated, or third party premises where consent is given, to recover the Container;
• The contract and any other contract they may have with you may be suspended, terminated and/or cancelled by the Provider without the Provider being liable to you;
• All monies owed to us or the Provider by you will instantly become due and payable if any of the situations set out in Clause 19.a occur without prejudicing any other remedies;
• The rights of Ecohub and of our Providers to recoup any monies from you that are due under the Contract along with any damages relating to a prior breach are not affected by repossession of the Container.
20.a www.ecohubuk.com's content has been prepared with great care, specifically with regard to costs and descriptions of Containers. However Containers can still be different from those that are displayed.
20.b We reserve the right to restrict, suspend or terminate access to www.ecohubuk.com or the Services we offer at any time and for any reason.
20.c We reserve every right to change and enhance this Terms of Business document at any time. Any changes will be posted on www.ecohubuk.com and you are responsible as the customer for examining them each time that you make an Order. Changes are applicable straightaway once revised Terms of Business have been posted.
20.d All headings used in this document are for reference purposes only and do not affect its construction and interpretation.
20.c Ecohub will only accept Orders from Customers over 18 years of age. When you Order from us you are declaring that are of or above the minimum age permitted.
20.d These Terms of Business are deemed to encompass all other policies, notices, disclaimers and other terms contained on www.ecohubuk.com. Should a conflict arise between any other such documents, these Terms of Business will prevail. If any of these Terms of Business is found to be unenforceable or invalid, the rest of the provisions will remain in full effect and force.
20.e Anyone who is not part of the agreement between us has no rights by law to administer any of these Terms of Business (see Contracts - Rights of Third Parties Act 1999). This does not affect any right or remedy such party may have other than under the Act.
20.f All purchases, whatever the purpose are deemed to have taken place in England. English Law will govern the Terms of Business, the hire arrangement and the contract between the Provider and the Customer. On entering a contract together the parties are agreeing that they both submit to the English Courts' exclusive jurisdiction.
20.i By placing an Order for a company or organisation, you are confirming that you are authorised to do so on its behalf.
20.j Ecohub Ltd does not retain or store any kind of financial information.
21.a This agreement, including any documents referred to within it, replaces all prior written or oral arrangements, representations, understandings and agreements between you and us except in the case of fraudulent misrepresentation. It sets out the entire agreement and understanding between you and us relating to its subject matter with the exception of any rights we or you may have under the Consumer Protection (Distance Selling) Regulations 2000 as amended andy our statutory consumer rights as a consumer, where relevant, regarding the fitness for use, quality or description of the supplied products.
21.b www.ecohubuk.com and these Terms of Business display our agreement relating to the supply of a Container to you by us in its entirety. Nothing said by any director, representative, agent, salesperson or employee can be taken as a variation of these Terms of Business. Nor can it be taken as an authorised representation regarding the quality or nature of any goods we offer for sale. With the exception of fraud or fraudulent misrepresentation, we accept no liability for any such misleading or untrue representation.
"Container" Refers to skips, containers or any other goods that have been or are currently available for hire via www.ecohubuk.com or have been available for hire via www.ecohubuk.com
"Contract" Refers to the order contract including your Order, the Email of Acceptance and the Terms of Business as laid down in this document.
"Customer" Refers to the individual or organisation requesting the Container via submission of the Order.
"Delivery Location" Refers to the Location in which the Container is to be placed as specified in the Order by the Customer.
"Email of Acceptance" Refers to the email message sent by the Provider on acceptance of your bid to hire a container from them.
"Order" Refers to www.ecohubuk.com order submission process undertaken by the customer and its communication to us through the Customer clicking on the 'Order Now' button.
"Price" Refers to the hire fee that is payable for the Container hire fee as stated in the Order.
"Recipient" Refers to the Customer or an individual nominated in the Order by the Customer to represent him.
"Provider" Refers to the Container's provider as specified in the Email of Acceptance.
"Waste" Refers to all waste as described by the Customer in the Order, excluding items as described in clause 18.
"Website" Refers to www.ecohubuk.com.
If you have any questions regarding our Terms of Business or have any comments about our Website, please email us at firstname.lastname@example.org