Terms and Conditions
When you engage Uploop Ltd services, you are bound by the following terms and conditions:
- vessels must be filled levelly and not be overfilled.
- It is prohibited to burn any materials inside the vessel.
- The customer is responsible for the placement of the vessel.
- The customer must secure all necessary permits and ensure the vessel is adequately lit during nighttime hours.
- We take great care during our operations, however, we are not liable for any damage to property, including driveways, drains, pavements, and walls.
- The customer assumes all risks associated with directing vehicles off public roads. We are not liable for any incidents in such cases.
- Throughout the rental period, the customer must indemnify the owner against all claims related to injuries or property damage caused by or associated with the use of the vessel, including legal costs and expenses, irrespective of whether these arise under statutory or common law.
Our prices allow for the vehicle to be on site for 20 minutes, after which we charge £1.25 per minute.
Important Information
Please do not dispose of the following items in the containers:
1. Paints or solvents
2. Fluorescent tube lamps or bulbs
3. Tires
4. Drywall/gypsum
5. Refrigerators, freezers
6. Artificial turf or any artificial surfaces
7. Gas cylinders, fire extinguishers, or any type of pressurized vessels
8. Any type of TV screens or computer monitors
9. Household trash
10. Asbestos or any type of fiberboard
11. Any other common construction site waste such as bricks, pallets, plastic sheeting, etc.
Please note that disposing of any material other than excess concrete may result in an additional charge.
Terms & Conditions
1 DEFINITIONS
In this agreement, the terms below are defined as follows:
1.1 “Business Day” references any day other than Saturday, Sunday, or a public vacation in England when banks in London are open.
1.2 “Client” signifies the organization or individual purchasing goods or renting items from the Company as specified on the applicable Company document or Order.
1.3 “Commencement Date” is the date the Company sends an Order Confirmation according to clause 4.1 or fulfillls the Order, whichever occurs first.
1.4 “Company” references Uploop Limited (Company # 15436846), located at Unit 214, Stratford Workshops, Burford Rd, E15 2SP, London, UK.
1.5 “Company Form” encompasses the Company’s forms including credit application, quotations, Order Confirmations, packing slips, or invoices.
1.6 “Conditions” constitute the terms and conditions from clause 1 to clause 12 within this document.
1.7 “Agreement” is the agreement between the Company and the Client for the sale of goods or rental of items, as detailed in the appropriate Company Form, Order, Order Confirmation, and these Conditions.
1.8 “Delivery Date” is the scheduled date for the delivery of an Order, as mentioned in clause 4.3.
1.9 “Delivery Location” is the agreed location for the delivery of goods or rented items, as documented in the Order Confirmation.
1.10 “Force Majeure Event” includes events, circumstances, or causes beyond a party's reasonable control.
1.11 “Goods” are the items specified in the Order Confirmation, including any parts, components, or materials included.
1.12 “Hired Items” are the items the Company provides to the customer for rental, such as skips, roll-on-roll-off skips, and euro bins.
1.13 “Order” is an order for goods or rental items placed by the Client as described in clause 4.
1.14 “Order Confirmation” is a written acknowledgment sent by the Company to the customer confirming an Order, or in cases of an existing arrangement, a verbal confirmation from a Company employee.
1.15 “Price” references the cost of the Goods and rental fees for the Hired Items as listed in the Order Confirmation per clause 2.3.
1.16 “VAT” means VAT or any equivalent tax applicable in the UK.
2 BASIS OF THE CONTRACT
2.1 This Agreement will commence on the Commencement Date and will continue, unless terminated earlier according to its terms, until the date on which the Company has fulfilled the Order, when it will terminate automatically with no notice.
2.2 These Conditions apply to the Agreement to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.3 Each Order submitted pursuant to clause 4 will be considered a separate offer by the Client to buy Goods or rental the Hired Items on the terms of this Agreement, which the Company will be free to accept or decline at its absolute discretion. No Order will be considered accepted by the Company until it issues an Order Confirmation or (whichever is earlier) the Company fulfills the Order.
2.4 The Client waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in the Order or any other documents of the Client where such term is inconsistent with these Conditions. The Company may, at its discretion, accept an amendment to an Order by the Client.
3 THE GOODS, HIRED ITEMS AND QUOTATIONS
3.1 Any samples, drawings, descriptive matter, or advertising produced by the Company and any descriptions or illustrations contained in the Company’s catalogs, website or brochures are produced for the sole purpose of giving an approximate idea of the Goods and the Hired Items described in them. They will not form part of the Agreement or have any contractual force.
3.2 Prices quoted by the Company in publications, on the Company’s website are subject to alteration or withdrawal with no notice.
3.3 Any price quoted will be valid for 14 days from the date of quotation or until earlier acceptance by the Client.
3.4 Any Quotation made by the Company is an indication given honestly and is notcome binding on the Company unless subsequently confirmed by the Company in written form pursuant to clause 4.1.
4 ORDER PROCESS
4.1 The Client will place Orders in written form or where a call-off or purchase order arrangement is in place between the Company and the Client, verbally.
4.2 Where a verbal Order are received against an existing call-off of purchase order arrangement and such Order causes the pre-agreed value of the call-off or purchase order arrangement to be exceeded, the Company is not required to deliver Goods or provide the Hired Items in excess of that pre-agreed value.
4.3 After issuing the Order Confirmation, the Company will as soon as practicable inform the Client of the Company’s estimated Delivery Date for the Order.
4.4 The Client is responsible for ensuring that Orders and any applicable specification in relation to the Goods or Hired Items are complete, accurate and given to the Company when an order is placed. The Client will give the Company all necessary information that the Company reasonably requires to fulfilll each Order.
5 DELIVERY
5.1 The Company will ensure that each delivery of Goods or Hired Items is accompanied by a packing slip that shows the order number, and the type and quantity of Goods or Hired Items.
5.2 The Company will use reasonable endeavours to deliver the Goods and the Hired Items to the Delivery Location on the relevant Delivery Date.
5.3 Delivery is completed on the completion of unloading of the Goods or Hired Items at the Delivery Location.
5.4 Delivery Dates are approximate only, and the time of delivery is not of the essence. The Company is not liable for any delay in delivery of any Goods or Hired Items that is caused by:
5.4.1 a Force Majeure Event; or
5.4.2 The Client’s failure to provide the Company with sufficient delivery instructions or any other instructions that are relevant to the supply of the Goods or Hired Items.
5.5 If the Company fails to deliver Goods or Hired Items by the relevant Delivery Date, its liability will be limited to the costs and expenses incurred by the Client in obtaining replacement goods or rentald items of similar description and quality in the cheapest market available, less the Price of the Goods or Hired Items. The Company will have no liability for any failure to deliver Goods or Hired Items to the extent that such failure is caused by:
5.5.1 a Force Majeure Event; or
5.5.2 The Client’s failure to provide the Company with sufficient delivery instructions or any other instructions that are relevant to the supply of the Goods or Hired Items.
5.6 If 10 Business Days after the day on which the Company attempted to make delivery of Goods or Hired the Client has not taken delivery of those Goods, the Company may resell or otherwise make available or dispose of part or all of the Goods or Hired Items and may charge the Client for any shortfall below the Price of the Goods or Hired Items and any reasonable storage and selling costs.
5.7 The Company may deliver Orders by installments, which will be invoiced and paid for separately. The Client may not cancel an installment because of any delay in delivery or defect in another installment.
5.8 The Client will provide the Company with access to the Delivery Location in order to allow delivery of the Goods or Hired Items. If access is not available at the time of delivery, the Company is entitled to charge the Client any additional costs incurred by the Company in re delivering the Goods or Hired Items to the Delivery Location or such other place as may be reasonably requested by the Client and agreed by the Company. Whilst the Company will exercise due skill and care in making any delivery, the Company accepts no liability for any damage to property including driveways, drains, pavements and walls.
5.9 Any claim by the Client arising from any defect in the quality or condition of the Goods or Hired Items or their failure to correspond to the agreed specification will be notified to the Company by the Client in written form within 24 hours of Delivery.
6 QUALITY AND FITNESS FOR PURPOSE
6.1 The Company warrants that, for a period of 24 hours from the date of delivery (warranty period), the Goods will:
6.1.1 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
6.1.2 be fit for any purpose held out by the Company (and for the avoidance of doubt the Goods will only be required to meet a particular specification or certification where the Company expressly references such specification or certification in written form in the Agreement),
and the parties agree such warranty period is reasonable and appropriate given the nature of the Goods and the potential for the Goods to become contaminated immediately once delivered to the Delivery Location.
6.2 In relation to any Hired Items delivered by the Company the Customer accepts the condition of those Hired Items as delivered and indicates that acceptance by signing a packing slip (if any).
6.3 Subject to clause 6.4, if:
6.3.1 the Client gives notice in written form to the Company, within 24 hours of delivery, that any or all of the Goods do not comply with the guarantees set out in clause 6.1 or that the Hire Items are damaged (other than due to the acts or omissions of the Client); and
6.3.2 the Company is given a reasonable opportunity of examining such Goods or Hired Items; and
6.3.3 in respect of Goods the Client (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Client’s cost,
the Company will, at its option, repair or replace any Goods or Hired Items that are found to be defective, or refund the price of such defective Goods or Hired Items in full.
6.4 The Company is not liable for Goods’ failure to comply with the guarantees set out in clause 6.1 if:
6.4.1 the Client makes any further use of such Goods after giving notice of defects according to clause 6.3;
6.4.2 the defect arises because the Client failed to follow the Company’s oral or written instructions as to the storage, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
6.4.3 the defect arises as a result of the Company following any specification supplied by the Client;
6.4.4 the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
6.4.5 the Goods differ from their description or any specification given by the Client at the time the Order was placed as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
6.5 The Company’s only liability to the customer if the Goods fail to comply with the guarantees set out in clause 6.1 or if the Hired Items are damaged on delivery or otherwise materially unsuitable is as set out in this clause 6.
6.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 and 10A of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
6.7 The terms of the Agreement will apply to any repaired or replacement Goods or Hired Items supplied by the Company.
7 TITLE AND RISK
7.1 Risk in Goods and Hired Items will pass to the customer on completion of unloading the Goods or Hired Items at the Delivery Location.
7.2 Title to Goods will only pass to the customer once the Company receives payment in full (in cash or cleared funds) for them. Title to the Hired Items will remain with the Company at all times.
7.3 Until title to the Goods has passed to the customer, and in respect of the Hired Items from the date of delivery until the date they are collected by the Company, the Client will:
7.3.1 store the Goods and Hired Items separately from all other goods held by the Client so that they remain readily identifiable as the Company’s property;
7.3.2 maintain the Goods and Hired Items in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
7.3.3 notify the Company immediately if it becomes subject to any of the events listed in clause 10.1.2; and
7.3.4 give the Company such information as the Company may reasonably require from time to time relating to:
7.3.4.1 the Goods or Hired Items; and
7.3.4.2 the ongoing financial position of the Client.
7.4 The Company may recover Hired Items and any Goods in which title has not passed to the customer. The Client irrevocably licenses the Company, its officers, employees and agents, to enter any premises of the Client (including with vehicles), in order to satisfy itself that the Client is complying with the obligations in clause 7.3, and to recover Hired Items and any Goods in which property has not passed to the customer.
7.5 In the event of theft of or material damage to any Hired Item the Client will be liable for:
7.5.1 the cost of repair or new replacement (as the case may be) at the full market value of that Hired Item; and
7.5.2 the loss of any hiring fees that the Company is unable to earn due to the unavailability of that Hired Item.
8 PRICE AND PAYMENT
8.1 The Client will pay for Goods and Hired Items according to this clause 8.
8.2 The Price excludes amounts in respect of VAT, which the Client will additionally be liable to pay to the Company at the prevailing rate (if applicable), subject to the receipt of a valid VAT invoice.
8.3 The Company may invoice the Client for the Price of Goods and Hired Items plus VAT at the prevailing rate (if applicable) on or at any time after the Company has sent an Order Confirmation. The Company will ensure that the invoice includes (as relevant) the date of the Order, the invoice number, the relevant order number, the Company’s VAT registration number, and any supporting documentation that the Client may reasonably require.
8.4 Notwithstanding clause 8.11, the Client will pay invoices in full in cleared funds within 30 days of the invoice date. Payment will be made to the bank account nominated in written form by the Company.
8.5 If the Client fails to make any payment due to the Company under the Agreement by the due date for payment, then, with no limiting the Company’s remedies under clause 10:
8.5.1 the Client will pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at the rate proscribed by the Late Payment of Commercial Debts (interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (currently a rate of 8% per annum above the Bank of England ‘reference’ rate);
8.5.2 the Company may suspend all further deliveries of Goods or Hired Items until payment has been made in full;
8.5.3 the Company may recover Goods pursuant to clause 7.4 and recover any costs or losses the Company suffers as a result of contamination of its Goods from the Client in full; and
8.5.4 the Company may recover Hired Items pursuant to clause 7.4 and upon recovery may leave any waste or other material then contained within any Hired Item at the location from where the Hired Item is recovered.
8.6 The Price excludes the cost of the Company handling, storing, treating or disposing of any contaminated waste (including but not limited to hazardous substances such as asbestos). If the Client places any such contaminated waste into the Hired Items or any Goods recovered pursuant to clause 8.5.3 have become contaminated while risk in the same has passed to the customer, the Company may, with no limiting the Company’s remedies under clause 10, leave such contaminated items at (or return them to) the Delivery Location and recover from the Client in full the costs incurred by the Company in handling, storing, treating or disposing of such contaminated items and replacing any contaminated Goods or Hired Items.
8.7 All amounts due under this Agreement from the Client to the Company will be paid in full with no any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). The Company may at any time, with no limiting any of its other rights or remedies, set off any amount owing to it against any amount payable by the Company to the customer.
8.8 In the event that the Client’s procedures require that an invoice be submitted against a purchase order so that payment can be processed, the Client will be responsible for issuing such purchase orders before the Delivery Date.
8.9 The Client will reimburse the Company for all legal costs incurred by the Company in connection with any legal proceedings taken by the Company against the Client to recover sums outstanding under this Agreement.
8.10 All invoices placed by the Company will be treated as agreed and undisputed unless the Client notifies the Company of any discrepancies within 14 days of the date of the invoice.
8.11 The Company may, at its discretion, assign each Client eligible for a credit account with a credit limit. In the event the aggregate value outstanding from the Client exceeds this limit:
8.11.1 the Client will pay interest on the excess sum from the date the limit was exceeded until payment is made to bring the value outstanding under the assigned credit limit. Interest under this clause will accrue each day at the rate proscribed by the Late Payment of Commercial Debts (interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 (currently a rate of 8% per annum above the Bank of England ‘reference’ rate); and
8.11.2 the Company may suspend all further deliveries of Goods and Hired Items until payment has been made to bring the value outstanding under the assigned credit limit.
9 Limitation of liability
9.1 The Company has obtained insurance cover in respect of certain aspects its own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Company has been able to arrange and the Client is responsible for making its own arrangements for the insurance of any excess liability.
9.2 Nothing in this Agreement will limit or exclude the Company’s liability for:
9.2.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
9.2.2 fraud or fraudulent misrepresentation;
9.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
9.2.4 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
9.3 Subject to clause 9.2:
9.3.1 the Company is not liable to the customer, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement; and
9.3.2 the Company’s total liability to the customer for all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, will not exceed one hundred percent (100%) of the total sums paid and/or payable by the Client for Goods or Hired Items under the Agreement.
10 Termination
10.1 Without limiting its other rights or remedies, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
10.1.1 the other party commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of notifying that party in written form to do so;
10.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
10.1.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
10.1.4 the other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this Agreement is in jeopardy.
10.2 Without limiting its other rights or remedies, the Company may terminate the Agreement with immediate effect by giving written notice to the customer if the Client fails to pay any amount due under the Agreement on the due date for payment and remains in default not less than 14 days after being notified in written form to make such payment.
10.3 Termination of the Agreement will not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.
10.4 Clauses 1, 3.1, 6 8.4, 8.5, 8.6 8.9, 8.11, 9, 10.3, 10.4, 12.1, 12.4, 12.5, 12.6, 12.7, 12.9, 12.10 and 12.11 will remain in full force and effect after termination or expiry of this Agreement along with any other provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination.
11 ALTERATIONS TO THE CONTRACT
11.1 No alterations to this Agreement will be valid unless agreed in written form by a Director of the Company.
11.2 Where the Company gives written notice to the customer agreeing to alter the terms different to those already agreed between the parties, the Client will, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Company by notice in written form whether or not it wishes the alterations to proceed. No variation of this Agreement will be effective unless it is in written form and signed by the parties (or their authorized representatives).
12 GENERAL
12.1 Interpretation
12.1.1 A reference to legislation or a legislative provision refers to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
12.1.2 Any phrase introduced by the terms including, include, in particular, for example or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms.
12.1.3 A reference to writing or written includes fax and emails.
12.2 Force majeure
Neither party will be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance lasts for 60 days, the party not affected may terminate this Agreement by giving 30 days’ written notice to the affected party.
12.3 Assignment and other dealings
12.3.1 The Client will not assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Agreement with no the prior written consent of the Company (not to be unreasonably withheld or delayed).
12.3.2 The Company may at any time assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights under this Agreement.
12.4 Confidentiality
12.4.1 Each party undertakes that it will not at any time during this Agreement, and for a period of two years after termination or expiry of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group to which the other party belongs, except according tomitted by clause 12.4.2.
12.4.2 Each party may disclose the other party’s confidential information:
12.4.2.1 to its employees, officers, representatives, contractors, sub-contractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement. Each party will ensure that its employees, officers, representatives, contractors, sub-contractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.4; and
12.4.2.2 as required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.4.3 No party will use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
12.5 Entire agreement
12.5.1 This Agreement forms the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, guarantees, representations and understandings between them, whether written or oral, relating to its subject matter.
12.5.2 Each party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it will have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
12.6 Waiver
No failure or delay by a party to exercise any right or remedy given under the Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
12.7 Severance
If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause will not affect the validity and enforceability of the rest of the Agreement.
12.8 Notices
12.8.1 Any notice or other communication given to a party under or in connection with the Agreement will be in written form, addressed to that party at its registered office or such other address as that party may have specified to the other party in written form according to this clause, and will be delivered by hand, or sent by pre-paid first class post or other next working day delivery service, fax or email.
12.8.2 A notice or other communication will be deemed to have been received: if delivered by hand, when left at the address referred in clause 12.8.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or, if sent by fax or email, one Business Day after transmission.
12.8.3 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
12.9 Third party rights
No one other than a party to this Agreement will have any right to enforce any of its terms.
12.10 Governing law
This Agreement and any dispute or claim (including non-contractual disputes or claims) related to or in connection with it or its subject matter or formation will be governed by, and construed according to, the law of England.
12.11 Jurisdiction
Each party irrevocably agrees that the courts of England will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) related to or in connection with this Agreement or its subject matter or formation.