Terms

1. Definitions
“Company” means APS South Ltd trading as Ace Project Solutions.
“Hirer” means the person, firm or company entering into a contract with the Company.
“Equipment” means all plant, welfare units, cabins, generators, fuel tanks, toilets, lighting, fencing, accessories and ancillary items supplied.
“Services” includes delivery, collection, installation, servicing, fuel supply, water replenishment and related services.
“Site” means the location at which Equipment or Services are provided.
“Hire Period” means the period commencing when Equipment leaves the supplying depot or is delivered to Site (whichever occurs first) and ending only when physically collected and returned.
“Charges” means all sums payable including hire, transport, fuel, service, damage and associated costs.

2. Basis of Contract
All Equipment and Services are supplied strictly subject to these Terms.
The Hirer’s terms and conditions shall not apply.
A binding contract is formed upon acceptance of the Company’s quotation.
Equipment may be supplied via third-party owners or suppliers. Where third-party supplier terms impose stricter obligations, those obligations shall apply.
The Company may substitute equivalent Equipment without liability.

3. Minimum Hire Period
The minimum initial hire period for all Equipment is four (4) weeks unless expressly agreed otherwise in writing.
Where Equipment is off-hired before expiry of the minimum initial hire period, the full minimum charge remains payable.
Following expiry of the minimum initial hire period, hire shall continue on a rolling daily basis until properly off-hired.

4. Hire Period & Off-Hire
Hire commences when Equipment leaves depot or is delivered (whichever occurs first).
The Hirer must provide a minimum of seven (7) working days’ written notice to off-hire.
Hire shall remain chargeable until:
  • Valid written off-hire notice is received;
  • Equipment is available in a clean, safe and accessible condition; and
  • Equipment is physically collected from Site.
No backdating of off-hire shall be permitted.

5. Charges & Payment
Hire charges are invoiced four-weekly in advance throughout the Hire Period.
Approved credit account holders are granted 30 days from invoice date to make payment.
Non-account customers must pay prior to delivery.
Time of payment is of the essence.
The Hirer shall not withhold, deduct, set-off or retain any sums due.
The Company may suspend services, refuse off-hire or recover Equipment where payment is overdue.
The Company may withdraw credit facilities at any time without notice.
Upon final off-hire, any pro-rata adjustment shall be subject to deduction of all outstanding hire, damage, cleaning, fuel and supplier recharge costs.
The Company may retain any credit balance for fourteen (14) days following collection pending inspection and confirmation of supplier charges.
The Hirer shall be liable for all recovery, legal and administrative costs incurred in recovering unpaid sums.
Statutory interest may be applied in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

6. Risk, Title & Insurance
Title to Equipment remains with the owner at all times.
Risk passes to the Hirer upon delivery.
The Hirer shall maintain:
  • Hired-in plant insurance covering full replacement value (minimum £50,000 per item or greater); and
  • Public liability insurance of not less than £5,000,000.
Insurance must cover theft, vandalism, fire, flood and accidental damage.
Failure to insure does not relieve the Hirer of liability.

7. Site Responsibilities
The Hirer is responsible for:
  • Suitable ground conditions;
  • Safe and adequate access;
  • Identification of underground and overhead services;
  • Compliance with CDM 2015;
  • Lift planning and appointed persons;
  • Fire separation distances;
  • All statutory approvals.
Aborted deliveries and waiting time are chargeable.

8. Condition, Damage & Cleaning
Equipment must be returned clean, empty and undamaged.
The Hirer is liable for:
  • Structural damage;
  • Fire damage;
  • Concrete contamination;
  • Graffiti;
  • Generator misuse;
  • Electrical overload;
  • Missing items;
  • Cleaning and decontamination costs;
  • Fuel contamination.
Where repair is uneconomical, full replacement value shall be payable.
Supplier inspection reports and photographic evidence shall constitute binding evidence of condition.

9. Supplier Recharge
Any third-party charges imposed on the Company due to the Hirer’s acts, omissions, Site conditions or Equipment condition shall be fully recoverable from the Hirer.

10. Fuel & Environmental Responsibility
Fuel is charged at prevailing market rates at time of delivery.
Generator excess hours are chargeable.
The Hirer is responsible for spill prevention and environmental compliance relating to Equipment use.
The Hirer shall indemnify the Company in respect of all clean-up, remediation, regulatory and third-party costs arising from spills, leaks or misuse of Equipment.

11. Security
The Hirer is responsible for securing Equipment at Site.
Theft, vandalism or arson does not relieve liability.

12. Indemnity
The Hirer shall indemnify the Company against all claims, losses, damages and liabilities arising from the use, presence or operation of Equipment except where caused by proven negligence of the Company.

13. Limitation of Liability
The Company shall not be liable for loss of profit, loss of contract, delay damages, liquidated damages, business interruption or indirect or consequential loss.
Total liability shall not exceed the hire charges payable under the relevant contract.

14. Force Majeure
The Company shall not be liable for delay or failure to perform due to events beyond its reasonable control including supplier failure, transport disruption, adverse weather, fuel shortages, government action, pandemic or industrial action.

15. General Provisions
These Terms constitute the entire agreement.
No variation is effective unless agreed in writing.
Failure to enforce any provision shall not constitute waiver.
If any provision is invalid, the remainder shall remain enforceable.
The Company may assign or subcontract its obligations.
The Hirer may not assign without written consent.

16. Governing Law
These Terms are governed by the laws of England & Wales.
1. Definitions
“Company” means APS South Ltd trading as Ace Project Solutions.
“Customer” means the person, firm or company entering into a contract with the Company.
“Waste” means any substance or object classified as waste under applicable legislation.
“Services” means waste collection, transport, disposal, recycling, brokering, exchange and associated services provided by the Company.
“Site” means the location at which Services are provided.
“Service Period” means the period commencing when the Company accepts an instruction or quotation and ending upon completion of the agreed Services.
“Charges” means all sums payable including transport, disposal, processing, waiting time, contamination, third-party facility charges and associated costs.

2. Basis of Contract
All Services are supplied strictly subject to these Terms.
The Customer’s terms and conditions shall not apply.
A binding contract is formed upon acceptance of the Company’s quotation or instruction to proceed.
Services may be carried out via third-party carriers, disposal facilities or brokers. Where third-party operator terms impose stricter compliance requirements, those obligations shall apply.
The Company may substitute facilities or carriers without liability.

3. Service Instructions
The Customer shall provide accurate details of:
  • Waste type and classification;
  • European Waste Catalogue (EWC) code;
  • Estimated volume or weight;
  • Collection location and access conditions.
The Company relies entirely upon the information provided by the Customer.

4. Waste Classification & Duty of Care
The Customer remains legally responsible as Waste Producer for:
  • Correct classification and description of Waste;
  • Compliance with the Environmental Protection Act 1990;
  • Compliance with the Waste (England and Wales) Regulations 2011;
  • Compliance with all Duty of Care obligations;
  • Ensuring Waste is lawful to transport and dispose of.
The Company accepts no liability for incorrect or misleading classification provided by the Customer.

5. Prohibited & Undeclared Materials
Unless expressly agreed in writing, the Customer shall not present:
  • Hazardous waste;
  • Asbestos-containing materials;
  • Contaminated soils beyond declared levels;
  • Chemicals, oils, paints or solvents;
  • Gas cylinders;
  • Clinical or biohazard waste;
  • Electrical or specialist regulated waste.
Where prohibited or undeclared materials are identified, the Company may reject, isolate, return or redirect the Waste and recover all associated costs.

6. Contamination & Weight Variations
Where Waste:
  • Is incorrectly described;
  • Is contaminated;
  • Exceeds declared weight limits;
  • Does not meet disposal facility acceptance criteria;
The Company reserves the right to apply additional processing, transport and disposal charges.
All such costs are fully recoverable from the Customer.

7. Access & Site Responsibilities
The Customer is responsible for:
  • Safe and suitable access for collection vehicles;
  • Adequate hard standing and load-bearing capacity;
  • Compliance with CDM 2015 and site safety legislation;
  • Safe loading practices.
Aborted collections, waiting time or restricted access are chargeable.

8. Charges & Payment
Charges are based on declared waste type, estimated weight and current disposal facility rates.
The Company reserves the right to adjust Charges where:
  • Actual weights differ materially from estimates;
  • Disposal facility rates change;
  • Environmental levies or taxes change;
  • Waste classification differs from declared description.
Approved credit account holders are granted 30 days from invoice date to make payment.
Time of payment is of the essence.
The Customer shall not withhold, deduct, set-off or retain any sums due.
The Company may suspend Services where payment is overdue and recover all legal and administrative recovery costs.

9. Waste Transfer Documentation
Waste Transfer Notes (WTNs) and Hazardous Waste Consignment Notes shall be issued where required by law.
The Customer shall ensure all documentation is accurate and complete.
The Company shall retain documentation in accordance with statutory requirements.

10. Environmental Responsibility
The Customer remains legally responsible for the origin, classification and legality of Waste presented.
The Customer shall indemnify the Company in respect of all environmental enforcement action, remediation costs, fines, penalties and third-party claims arising from inaccurate waste description, contamination or regulatory breach.

11. Security & Ownership of Waste
Risk in the Waste shall remain with the Customer until accepted at an authorised disposal facility.
Title to Waste shall pass only upon lawful acceptance by the receiving facility.

12. Indemnity
The Customer shall indemnify the Company against all claims, losses, damages, fines and liabilities arising from:
  • Incorrect waste classification;
  • Prohibited materials;
  • Contamination;
  • Breach of environmental legislation;
  • Mis-description of Waste.
13. Limitation of Liability
The Company shall not be liable for loss of profit, loss of contract, delay damages, business interruption or indirect or consequential loss.
Total liability shall not exceed the Charges payable under the relevant contract.

14. Force Majeure
The Company shall not be liable for delay or failure to perform Services due to events beyond its reasonable control including disposal facility closure, regulatory changes, adverse weather, transport disruption, government action or industrial action.

15. General Provisions
These Terms constitute the entire agreement.
No variation is effective unless agreed in writing.
Failure to enforce any provision shall not constitute waiver.
If any provision is invalid, the remainder shall remain enforceable.
The Company may assign or subcontract its obligations.
The Customer may not assign without written consent.

16. Governing Law
These Terms are governed by the laws of England & Wales.