GENERAL CONDITIONS FOR CONTAINER HIRE AND WASTE TRANSFER DEFINITIONS “Contract” means any contract whether or not in writing between the Customer and CMEC Demolition for the provision of the Service into which these Conditions are incorporated and the Transfer Note relating to the Service from time to time “Customer” means the customer to whom CMEC Demolition agrees to provide the Service “Equipment” all waste disposal equipment hired by CMEC Demolition to the customer, including containers “Service” the provision of Equipment and a Transfer Note (or any other document) and collection of Waste, transport of Waste and disposal of Waste or any part thereof as agreed between CMEC Demolition and the Customer or as described in the Contract “Site” the site at which the Customer instructs CMEC Demolition to deliver the Equipment “Transfer Note” means any current controlled waste description and transfer note completed by the Customer and CMEC Demolition pursuant to the provisions of the Environmental Protection Act 1990 and regulations made thereunder relating to Waste covered by the Contract “Vehicle” means any vehicle owned or operated by CMEC Demolition to deliver, empty, replace or remove Equipment “CMEC Demolition” means CMEC Demolition or any of its subsidiary or associate companies (each as defined in the Companies Act 1985) “Waste” means the waste further particulars of which are agreed in the Contract or in any current Transfer Note applicable to the Contract 1. CONTRACT AND PAYMENT TERMS 1.1 These conditions apply to all Contracts for the supply of services by CMEC Demolition. No additions or modifications to or terms inconsistent with these General Conditions shall apply unless specifically agreed in writing by CMEC Demolition. 1.2 The charge for the Service will be calculated on the basis set out in the Contract or, if not set out, will be CMEC Demolition standard charges from time to time and shall include any applicable duty of care charge (the “Charge”). Amounts stated in the Contract are exclusive of VAT. CMEC Demolition may increase the Charge at any time to take account of any increase in CMEC Demolition costs. 1.3 Unless otherwise agreed, all payments for the Service which are not made in advance shall be due and payable by the 15th day of the month following the month of invoice. All payments shall be made in full without any set-off, counter-claim or deduction. Time of payment shall be of the essence of the Contract. Any sums not paid by the due date will attract interest on a daily basis at a rate of 4% per annum above the base lending rate for the time being of HSBC Bank plc. 2. DELIVERY ACCESS UNLOADING AND RETURN 2.1 The Customer is responsible for instructing CMEC Demolition where to deliver or collect all Equipment at the Site. Unless otherwise agreed, CMEC Demolition shall not be obliged to deliver the Equipment to any location other than on a highway and the Customer shall indemnify and hold CMEC Demolition harmless from and against any costs, losses, expenses, fines, penalties or other liabilities which may be incurred by CMEC Demolition as a result of the location of the Equipment at the Site. The Customer shall provide safe and appropriate access to the Site, a suitable area for placing the Equipment and suitable facilities for turning the Vehicle. 2.2 The Customer shall be responsible for the safety of any person (including the employees and agents of CMEC Demolition) whilst on or about the Site. 2.3 If, as a result of an act or omission of the Customer, CMEC Demolition is prevented from collecting, delivering or exchanging Equipment within 20 minutes, CMEC Demolition may charge the Customer for waiting time at its standard rate. 3. PERFORMANCE DATES AND FORCE MAJEURE 3.1 CMEC Demolition will use reasonable endeavours to meet the dates for delivery and collection agreed in the Contract but shall not be liable for late performance or delay in performance of the Service and delays shall not entitle the Customer to rescind the Contract. 4. LIABILITY 4.1 The Equipment shall be deemed to be in good working order and condition and fit for the Customer's purpose (save for defects not discoverable by a reasonable examination) except to the extent that the Customer has notified CMEC Demolition to the contrary within three working days of acceptance of the Equipment at the Site. 4.2 Save as specifically provided in condition 4.3: 4.2.1 CMEC Demolition has no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond its reasonable control; 4.2.2 CMEC Demolition has no liability or responsibility, whether by way of indemnity or any breach of the Contract, breach of statutory duty or misrepresentation or by reason of any tort (including but not limited to negligence) in connection with the hire, for any of the Customer's loss of profit, loss of use of the Equipment or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and/or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; 4.2.3 the aggregate liability of CMEC Demolition under the Contract whether in contract, tort or for breach of statutory duty or otherwise shall be limited to a sum not exceeding the greater of: (1) aggregate Charge under the Contract during the period of the Contract; and the sum of £5,000. 4.3 Nothing in these conditions or in the Contract excludes or limits the liability of the CMEC Demolition under the Contract (1) for death or personal injury caused by the negligence of CMEC Demolition; (2) for fraud or fraudulent misrepresentation; or (3) for any liability which cannot be excluded or limited by law. 4.4 Where the Customer deals as a consumer, nothing in the Contract or in these conditions shall affect the statutory rights of the Customer. 4.5 During the Contract the Customer shall hold harmless and indemnify CMEC Demolition from and against all costs, losses, expenses, fines, penalties or similar liabilities arising out of all loss of (including but not limited to theft) or damage to the Equipment (fair wear and tear excepted) and for any breach by the Customer of its obligations under this Agreement. 5. EMPTYING REPLACEMENT AND REMOVAL 5.1 The Customer shall at all times allow CMEC Demolition, its employees or agents access to the Equipment to empty or replace it and on the termination of the Contract to remove it from the Site. 5.2 All Waste deposited in the Equipment shall become the property of CMEC Demolition from the time when CMEC Demolition empties or replaces the Equipment PROVIDED THAT this Clause shall not absolve the Customer from any liability or responsibility in relation to the Waste. 6. EQUIPMENT 6.1 Risk of any loss or damage to the Equipment shall pass the Customer when the Equipment first arrives at the Site, except where the loss or damage arises from the negligence or wilful default of CMEC Demolition, its employees, agents or sub-contractors. The Customer shall not remove the Equipment from the Site or reposition the Equipment at the Site without the prior consent of CMEC Demolition. 6.2 The Customer shall not: 6.2.1 overload or overfill the Equipment beyond the agreed weight limit or the legal weight limit in which event CMEC Demolition shall be entitle to levy an excess weight charge, refuse to transport an overloaded container and recover any costs, losses or other expenses incurred by CMEC Demolition as a result of such overloading or overfilling (including but not limited to the costs of an aborted visit); or 6.2.2 set fire to the contents of the Equipment, interfere with the mechanism of the Equipment, add or attach to the Equipment any painting, sign, writing, lettering or advertising; or 6.2.3 without the consent of CMEC Demolition place in the Equipment any waste to which either section 3(1) of the Poisonous Waste Act 1972 or the Control of Pollution Act 1974 applies and it is the responsibility of the Customer to comply with any notification provisions under such Acts. 6.3 All Equipment provided shall remain the property of CMEC Demolition and the Customer will have no rights in the Equipment other than as a mere bailee. The Equipment must only be used by the Customer and must be kept at the Site. The Customer shall have no right of lien over the Equipment. 7. WASTE 7.1 The Customer and CMEC Demolition shall each sign a new Transfer Note at any time while the Contract is in force when there is a change in any relevant details set out in the Contract or on any Transfer Note and/or before the expiration of twelve months from the date the Contract commenced or any current Transfer Note. 7.2 The Customer warrants that any details relating to the Waste in the Contract or in any Transfer Note are and will be true and complete. 7.3 The Customer may not place or cause to be placed in the Equipment any material other than Waste described in the Contract or, if such has been signed, in the current Transfer Note. 7.4 Without prejudice to the generality of the provisions of this Condition 9, CMEC Demolition will be entitled to refuse to deal with and recover from the Customer any additional costs and expenses relating to any Waste: 7.4.1 which it has reason to believe is toxic, poisonous, explosive, inflammable or otherwise dangerous; or 7.4.2 the handling of which may cause CMEC Demolition to incur civil or criminal liability; or 7.4.3 which is has reason to believe is or may be a special waste as defined in the Special Waste Regulations 1996; or 7.4.4 the disposal of which might involve CMEC Demolition in additional expense or an unreasonable amount of extra work. 8. GOVERNING LAW 8.1 The Contract shall be governed by and construed in accordance with the Laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts. 8.2 Any reference to any Act of Parliament Regulation or Order shall include any re-enactment, amendment, replacement or modification thereof.