Buyer means the individual or organisation that buys or agrees to buy the goods form the seller.
Consumer shall have the meaning as described in section 12 of the unfair contract terms act 1977
Contract means the contract between the seller and the buyer for the sale and purchase of goods incorporating these Terms and Conditions.
Goods means the articles that the buyer agrees to buy from the seller.
Seller means SOS Procurement, 81 Woodside Green se25 5hu, Buyer means you the customer who has entered into the contract.
Terms and conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the seller.
These Terms and Conditions shall apply to all contracts for sale of goods by the Seller to the Buyer and should prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
All orders for Goods should be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from the Sellers stockist the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days.
the price of the Goods shall be that which is stipulated verbally or as a written quote unless otherwise agreed by the Seller with the Buyer. The prices shown on the websites are exclusive of VAT. The prices exclude delivery charges where applicable unless stated by the Seller on Quoting for Goods.
The Total purchase price including VAT will be quoted to the Buyer by the Seller before payment is accepted.
After the Payment is received the seller shall confirm where possible by email the details, description and price for the Goods together with information about the right to cancel. Payment of the price of Goods plus VAT and delivery charges where applicable must be made in full before despatch of goods.
Goods supplied within the UK will normally be delivered within 1-3 working days of acceptance of order.
Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyers address specified in the order agreement and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller reserves the right to periodically update the prices on the website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the website at any time.
The Seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.
All other warranties, conditions, or terms relating to fitness for the purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.
You have the right, in addition to your other rights to cancel the Contract and receive a refund by informing the Seller verbally and by e-mail or fax confirmation as long as this is done at least 24hrs prior to delivery being made, unless the goods have been specially ordered in for the buyer in which case a restocking charge may apply.
In the event of Goods being delivered after the event of cancellation the Seller will be responsible for recovering the Goods from the Buyer and the Seller will inform the Buyer within 10 days when the Seller will collect the Goods.
Goods to be returned must be accompanied by the original delivery paperwork. Where the Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
Goods must be returned in the new condition and in no way be damaged or faulty, unless this can be proven that this was the condition that the Goods were delivered in.
Where Goods are delivered and the Buyer decides they are not what is required or excess the Buyer shall inform the Seller within 7 days in writing that they are no longer required upon the Seller will inform the Buyer of the costs implicated in returning the Goods.
Level Loads only No fires – under No CIRCUMSTANCES MAY FIRES BE LIT IN THE SKIP, as this will cause damage chargeable under Clause 4.
ITEMS NOT PERMITTED IN SKIPS- Fridges, Freezers, Asbestos, Types, Oil or Gas bottles
1. The contract id made between the company (SOS Procurement) and the customer (Hirer) for the purpose of this service
2. The Hirer undertakes to direct at their sole discretion the driver where to deposit the skip. The said driver being for the purpose of such deposit is the agent of the hirer.
3. If the Hirer request the vehicle delivering or collecting the skip to leave the public highway they shall fully indemnify the Company in respect of any loss cost claims damages or expenses we may thereby sustain whether as a result of personal injury or as a result of damage to the vehicles itself or the property of the Hirer or Third parties.
4. During the continuance of the contract the Hirer shall make good to the Company all loss or damage to the skip whilst on hire to them from whatever cause the same arise, fair wear and tear expected and shall also fully completely indemnify the Company in respect of all claims by any person whatsoever for injury to any persons or property caused by or in connection with or arising out of the use of skips and in respect of all damages, claims, charges and demands in connection therewith howsoever the same may arise.
5. The Hirer undertakes to fill the skip within the period of hire and to inform the Company in good time for collection, 7 days is the Company standard period.
6. The Company can accept no responsibility for failure to supply or for delay in supplying skips which may be due directly or indirectly to any cause or circumstances beyond his control or any foreseen or abnormal condition.
7. The Hirer shall not move the skip from the site or position on the site to which it was delivered unless prior consent be obtained from the Company.
8. Unless otherwise agreed by the Company in writing, these terms and conditions shall apply to all orders placed.
9. Only Non-Hazardous waste is allowed to be deposited within the skip.
10. Should any Hazardous waste be identified the skip will not be remove from site until this said waste has been removed by the Hirer.
11. If circumstance arise where hazardous waste has been identified within the waste clearing process, additional charges will apply for this to be processed.
12. The skip remains the ownership of the Company at all times.
13.1. “The Owner” means SOS Procurement and incudes it successors or assigns
13.2 “The Hirer” means the company, firm, person or public authority shown overleaf taking the Owner’s Plant on hire and includes their successors or personal representatives
13.3 “Plant” means all classes of plant and machinery, which the Owner agrees to hirer to the Hirer
13.4 The term “Owner’s Employee” shall mean any employee of the Owner whose job is either to drive or operate the Plant or to provide any other services in connection with the Plant
13.5 “Advice” means any designs, drawings or specifications in relation to the Plant or any information or advice as to the planning supervision or control of the Hirer’s operations or the installation of the Plant
13.6 “Hire rates” means the Owner’s current standard rates unless otherwise agreed
13.7 “Weekly rates” means a 40-hour 5-day week. Additional charges will be made for shift work and weekend work
13.8 “Charges” means our current hire charges from time to time including any charges for the Services during the Hire Period and/or any charges for the sale of the Products or supply of Services (as appropriate)
13.9 “Contract” means a contract created by the acceptance of the Order and which incorporates these conditions and any special conditions detailed in the Order made between you and us for the hire of the Equipment, the provision of the Services and/or the sale of Products
13.10 “Services” means the services and/or work (if any) to be performed by us for you whether in conjunction with the hire of Equipment (including any delivery and/or collection service for the Equipment) or otherwise
13.11 “Hire Period” means the period commencing when you hold the Plant on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events (i) you return the Plant to our possession; or (ii) we repossess or collect the Plant
13.12 These terms and conditions shall apply to the hire of all Plant by the Owner to the Hirer and shall not be overridden by any terms and conditions of the Hirer
13.13 No variation of these terms and conditions will be effective unless agreed in writing by a director of the Owner. All terms other than those expressly set out in these terms and conditions are hereby excluded
13.14 Acceptance of the Plant on site by the Hirer or its delivery on site in accordance with the Hirer’s instructions signifies acceptance of these terms and conditions unless otherwise agreed in writing
13.15 Where the Hirer deals with the Owner as a consumer these terms and conditions do not and will not affect his statutory rights
13.16 These terms and conditions shall be governed by and construed according to the laws of England
14.1 The conditions do not affect any of your statutory rights where you are a person dealing as consumer, not for business purposes. Any section which would otherwise exclude or restrict your rights as a consumer will, to that extent have no force or effect
14.2. These conditions shall be incorporated in all Contracts and shall be the sold conditions under which the hire of Plant, provision of the Services and sale of the Products takes place. All other terms, conditions and other representations are excluded from the Contracts between you and us including any terms and conditions which you may purport to apply under any Contract and these terms and conditions shall prevail
14.3 Our employees or agents are not authorised to make any representations concerning the Plant and/or Products unless confirmed in writing and any advice or recommendation given by us to you as to the storage, application or use of the Equipment and/or Products which is not confirmed in writing is followed or acted upon entirely at your own risk
15.1 Where a credit account has not been granted, payment of the Charges shall be made prior to the delivery of said skip
15.2 You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies
The Hirer shall be responsible for loading and unloading the Plant at the Hirer’s site, and at the Owner’s premises. Any Owner’s Employee who helps load or unload the Plant is deemed to be an employee of the Hirer and the provisions of paragraph 5 shall apply
When an Owner’s Employee is supplied by the Owner with the Plant, the Owner shall supply a competent person but such person shall be under the direction and control of the Hirer. The Owner’s Employee shall for all purposes connected with such employment be regarded as the servant of the Hirer who alone shall be responsible for all claims arising in connection with the delivery, preparation or operation of the Plant. The Owner shall have no liability for any loss or damage caused by any act or omission whatsoever of an Owner’s Employee or the consequences thereof. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connection with any act or omission of the Owner’s Employee whilst the Hirer is responsible for him and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees
If the Owner or any of the Owner’s Employees give any Advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Hirer to verify the accuracy and/or appropriateness of such Advice and to accept or reject accordingly. If any such Advice is given it is given on the basis that no legal liability shall attach to the Owner or any of the Owner’s Employees. The Hirer shall fully and completely indemnify the Owner and the Owner’s Employees against all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from the giving of such Advice whether arising under statute or common law or from the negligence or breach of duty or other wrongful act of omission of the Owner or any of the Owner’s Employees
The person signing overleaf warrants that he has the authority of the Hirer to make the contract on the Hirer’s behalf. The Owner shall be entitled to treat the Hirer …… CHECK that there were no reasonable grounds for the Owner to believe that such person had authority to bind the Hirer
If the Plant has been accepted on site by the Hirer, the Plant is also deemed to be in good working order and wholly free from damage at the time of delivery. Any shortages of Plant must be notified to the Owner within 24 hours of the commencement of the hire and confirmed in writing within 72 hours. If the Hirer fails to do this hire charges will continue and the Hirer will be responsible for the cost of replacing shortages in accordance with paragraph 9
21.1. If the Plant is returned in damaged, unclean and/or defective state (except where due to fair wear and tear and/or an inherent fault in the Plant) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Plant to a condition fit for re-hire
21.2 You will pay to us the replacement cost of any Plant (on a new for old basis) which is lost, stolen and/or damaged beyond economic repair during the Hire Period
21.3 You will pay to us our costs which we may incur in tracking or recovering any lost or stolen Plant.
21.4 You shall pay the Charges for the Plant up to and including the date you notify us that the Plant has been lost, stolen and/or damaged beyond economic repair. From that date until we have replaced such Plant (or retrieved any lost or stolen Plant), you shall pay, as a genuine pre-estimate of lost Charges profit, a sum as liquidated damages being equal to two thirds of the Charges that would have applied for such Plant for that period. We shall use or reasonable commercial endeavours to purchase replacements for such Plant as quickly as possible using the monies paid under section 21.2
The Hirer shall ensure that the Plant remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the Hirer repair the Plant, except for punctures, unless authorised by the Owner. Such Plant must be returned to the Owner’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner. Punctures are to be mended by and at the cost of the Hirer
The Hirer confirms that it has the necessary knowledge and experience to operate and use the Plant. The Hirer will not misuse the Plant. The Hirer will not allow any person to use the Plant who is not properly instructed in its use and will ensure that all applicable health and safety rules and regulations are observed. Where the Plant comprises electrical equipment it must be connected to the correct supply by a qualified electrician. The Hirer is responsible for providing a suitable 3 phase and earth supply to the base of each item of Plant
The Hirer shall not sell or otherwise part with possession and/or control of the Plant and shall remain responsible for the Plant and its safekeeping during the hire period. Plant must not be removed without the authority of the Owner from the site specified by the Hirer if the Plant is collected by the Hirer, or from the address to which the Owner has delivered the Plant. The Hirer shall keep the site at which the Plant is located safe and secure
The Hirer is responsible for the provision of free and suitable access to and from the site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the erection, operation and dismantling of the Plant. No responsibility will be accepted by the Owner for damage to any surface over which the Plant has been moved to reach its intended position of use and the Hirer should therefor take steps to protect surface (paving slabs, soft ground etc.) before delivery of the Plant. The reinstatement of any fixing holes drilled in buildings is the responsibility of the Hirer
The Hirer shall fully and complete indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Plant and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees
The Owner shall not be liable for any consequential expenses, liabilities, losses claims or proceedings whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability or repossession of the Plant, or any breakdown or defect in the Plant
28.1 hires to individuals or partnerships of 3 individuals or less (or other unincorporated body of individuals) shall not be for a period in excess of 3 months. You shall return the Equipment to us on or before the last day of such three month period.
28.2 If you are an individual or a partnership of 3 individuals or less (or other unincorporated body of individuals) and we (in exceptional circumstances) agree to a contract in excess of 3 months then the Contract will be subject to The Consumer Credit Act 1974. Sections 28.3, 28.4, 28.5 and will only apply in the circumstances listed in this section
28.3 IMPORTANT YOU SHOULD READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS. The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.
28.4 For further information about your statutory rights under the Consumer Credit Act 1974 and other legislation, contact your local authority Trading Standards Department or Citizens Advice Bureau.
28.5 MISSING PAYMENTS – Missing payments could have severe consequences and may make obtaining credit more difficult.
28.6 If you have a complaint please contact us and we will supply you with a copy of our complaints handling procedure. Once you have issued a formal complaint in line with the procedure, we will respond as soon as possible and in any event within eight weeks of receiving your complaint. If you are dissatisfied with our response you may refer your complaint to the Financial Ombudsman Service within six months of the date of our final response
29.1 PLEASE NOTE THAT THIS SECTION ONLY APPLIES WHEN YOU ARE ENTERING THE CONTRACT AS A CONSUMER.
29.2 Where you are acting as a consumer under the Unfair Contract Terms Act 1977 (you enter into the Contract not in the course of business), the following provisions in the Contract may, subject to determination by the Courts, have no force or effect:
29.2.1 Section 17 (employees’ representatives);
29.2.2 Payment for delayed performance as a result of your non-compliance with the Contract;
29.2.3 (Suitability of Equipment);
29.2.4 (Right of entry and seizure of Equipment). This Section will also apply to consumers under the Consumer Credit Act 1974.
29.3 Should any defect occur in the Equipment and/or Products, other than one for which you were responsible, we will at our option either, replace or repair the Equipment and/or Products (at no charge to you) as soon as is reasonably practicable. We shall not replace, repair or service any Equipment and/or Products until any outstanding Charges have been paid in full and cleared funds.
30.1 The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the Plant. The Hirer shall produce on demand to the Owner a copy of the policy or policies. The Hirer shall hold on trust for the Owner all policy proceeds in or towards satisfaction of the Hirer’s obligations under paragraph 8 above. If the Plant is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owner by telephone and confirmed in writing. The Hirer shall not admit any liability or compromise any claim relating to the Plant without the consent in writing of the Owner
30.2 Risk in the Plant and/or Products will pass to you immediately when the Plant leaves our physical possession or control
30.3 Risk in the Plant will not pass back to us from you until the Plant is returned to our physical possession
30.4 Ownership of the Plant remains with us at all times. You have no right, title or interest in the Plant except that it is hired to you
If the Hirer is an individual within the meaning of the Consumer Credit Act 1974 the maximum period of hire shall be 3 months. The Owner shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the hire contract and to repossess the Plant
The Hirer shall allow the Owner access to the Plant at all reasonable times for the purpose of inspection, maintenance, replacement or repossession
Should any of these terms and conditions be held to be invalid such invalidation will not affect the validity of the remaining terms and conditions.
except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, then the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable revision eliminated.
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
