| Limitation of Liability |
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| Written by Administrator | |
| Tuesday, 25 March 2008 | |
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Limitation of Liability of Longtown Skip Hire All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law. If Longtown Skip Hire is found to be liable in respect of any loss or damage to the Customer’s property, the extent of their liability will be limited to the retail cost of replacement of the damaged property. Longtown Skip Hire shall have no liability to the Customer if any monies due in respect of the hire of Equipment has not been paid in full by the due date for payment. The Customer shall give Longtown Skip Hire a reasonable opportunity to remedy any matter for which Longtown Skip Hire is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, Longtown Skip Hire shall have no liability to the Customer. Longtown Skip Hire shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Longtown Skip Hire. Longtown Skip Hire shall have no liability to the Customer for any consequential losses (including loss of profits and /or damage to goodwill), economic and /or other similar losses, special damages and indirect losses or for business interruption, loss of business or loss of opportunity. Longtown Skip Hire shall use its best endeavours to ensure the Equipment arrives when the Customer requires delivery. Any approximate times given by Longtown Skip Hire are estimates only and Longtown Skip Hire shall not be liable for any delay in delivery of the Equipment howsoever caused. Time for delivery of the Equipment shall not be of the essence unless previously agreed in writing by Longtown Skip Hire. Longtown Skip Hire shall not in any event be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond Longtown Skip Hire’s reasonable control. Nothing in this Contract shall exclude or limit the liability of Longtown Skip Hire for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law. Where Equipment is sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements Order 1976) the statutory rights of the Customer are not affected by these Conditions. |
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| Last Updated ( Monday, 31 March 2008 ) |
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