Conditions of sale

What can be
put into a skip?

For legal reasons there are items that cannot be put into your skip. However, we can dispose of some difficult waste items for an additional charge. Please refer to the tables below and call 01449 613 824, or email admin@sunskips.co.uk if you have any questions, or require special arrangements for your waste disposal.

THE TERM OF HIRE FOR ANY EQUIPMENT SHALL BE 14 DAYS UNLESS AGREED BETWEEN SUNSKIPS AND THE CUSTOMER.

ACCEPTED BY ARRANGEMENT WITH ADDITIONAL CHARGE

• TV's/Monitors
• Fridge Freezers
• Mattresses
• Sofas
• Armchairs

• Office chairs
• Foot stools
• Beanbags
• Cushions
• Other upholsetered furniture

• Any items containing foamproduct
• Tyres
• Dry paint
• Fluorescent tubes
• Batteries

Plasterboard: Priced by bag size or dedicated plasterboard skip. Must be kept separate.

NOT ACCEPTED

• Any liquids
• Asbestos
• Food waster or faeces

• Paint tins with liquid
• Gas bottles/cylinders

SKIPS CONTAINING THE ABOVE ITEMS WILL NOT BE COLLECTED AND MAY BE SUBJECT TO CONTAMINATION AND WASTED JOURNEY CHARGES.

Grab Hire Service Guidelines

SITE REQUIREMENTS

• Load Area: Ensure the ground is level, stable, and clear of any obstacles e.g. manholes, gas mains, or surface cables.
• Truck Access: Materials need to be placed where our truck can pull up right alongside. We cannot load over the cab or from the rear.
• Footpaths: We will not park on or across footpaths to collect materials.
• Clear Space: Materials must be at least 2 metres away from buildings, vehicles, or anything that could get damaged.
• Overhead Clearance: Ensure there are no obstructions above the load or the loading area e.g. power lines or tree branches.
• Fences & Walls: We will not lift materials over fences or walls.
• Access Size: Our trucks need a minimum clearance of 10m high × 5m wide.

EXTRA INFORMATION

• Loading Time: Your booking includes 30 minutes of on-site loading. Additional time will incur an extra charge.
• Cancellations or Wasted Journeys: These may be charged at the full rate.
• Checks & Testing:
  • If more than 5 loads are booked, testing may be required.
  • We’ll check all loads on-site for contamination (e.g., for oils or strong smells).
  • Contaminated loads may be refused or returned.
• What’s Not Included: Green waste, grass, bitumen, and tarmac. These can be collected at an additional cost.
• Truck Capacity: Our 8-wheel grab trucks can take up to approximately 16 tonnes (depending on your area).

Terms and conditions for the supply of waste collection and waste management services

1. INTERPRETATION

   The following definitions and rules of interpretation apply in the Contract.

   1. Definitions
      • Applicable Data Protection Laws

        means the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

      • Applicable Laws

        all applicable laws, statutes, regulations and codes from time to time in force in connection with the collection and disposal of Waste products.

      • Business Day

        A day, other than a Sunday, the 5 day period between Boxing Day and New Year’s Day or any other public holiday in England, between the times as provided within Business Hours.

      • Business Hours

        The period from 7:00 am to 5:00 pm Monday to Friday and 7:00 am to 12:00 pm on Saturday.

      • Change Order

        has the meaning given in clause 6.1.

      • Charges

        the sums payable for the Services, as set out in the Order.

      • Collection Dates

        the dates for collection of Waste as specified in the Order.

      • Collection Sites

        the site to which the Equipment is to be delivered or collected as specified in the Order.

      • Conditions

        these terms and conditions as amended from time to time in accordance with clause 18.

      • Contract

        the contract between SunSkips and the Customer for the supply of the Services in accordance with these Conditions.

      • Control

        has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of Control shall be construed accordingly.

      • Customer

        The person or firm who purchases the Services in accordance with these Conditions.

      • Equipment

        any equipment, including tools, skips, containers and Waste disposal equipment and facilities, provided by SunSkips to the Customer used in the provision of Services and as further described in the Order, together with any other services which SunSkips agrees to provide to the Customer from time to time.

      • Order

        the Customer’s order for the supply of the Services as set out in the Customer’s purchase order, the Customer’s written acceptance of SunSkips’ written quotation or an order for the supply of Services made by the Customer by telecommunication device, as the case may be.

      • Service Specification

        the description or specification for the Services provided by SunSkips to the Customer.

      • Services

        the services to be provided by SunSkips to the Customer consisting of the provision of the Equipment, the collection, transport and disposal of Waste as further described in the Service Specification, together with any other services SunSkips agrees to provide the Customer from time to time.

      • SunSkips

        Stowmarket Skips Ltd, trading as SunSkips, incorporated and registered in England and Wales with company number 12531436, whose registered office is at Alpha 3, The Buntings, Cedars Park, Stowmarket, Suffolk, IP14 5GZ and/or (where applicable) any other company or holding company that trades under SunSkips and is a subsidiary of Sun Environmental Services Ltd.

      • VAT

        Value added tax or any equivalent tax chargeable in the UK or elsewhere.

      • Waste

        waste materials to be collected in the Equipment (which shall comply with the requirements of the Waste Description and the Contract)

      • Waste Description

        the description of Waste set out in the Order or any amended Waste Description agreed between the parties pursuant to the Contract.

   2. Clause, Schedule and paragraph headings shall not affect the interpretation of the Contract.
   3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
   4. The Schedule forms part of the Contract and shall have effect as if set out in full in the body of the Contract. Any reference to the Contract includes the Schedule.
   5. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
   6. A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006 and a company shall be treated, for the purposes only of the membership requirement contained in sections 1159(1)(b) and (c), as a member of another company even if its shares in that other company are registered in the name of (a) another person (or its nominee) by way of security or in connection with the taking of security; or (b) its nominee.
   7. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
   8. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
   9. The Contract shall be binding on, and enure to the benefit of, the parties to the Contract and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns
   10. A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
   11. A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.
   12. A reference to writing or written includes e-mail, but not fax.
   13. A reference to the Contract or to any other agreement or document referred to in the Contract is a reference of the Contract or such other agreement or document, in each case as varied from time to time.
   14. References to clauses and the Schedule are to the clauses and the Schedule of these Conditions and references to paragraphs are to paragraphs of the Schedule.
   15. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. BASIS OF CONTRACT
   1. The Order constitutes an offer by the Customer to purchase the Services in accordance with these Conditions.
   2. The Order shall only be deemed to be accepted when SunSkips issues written acceptance of the Order, at which point and on which date the Contract shall come into existence (Commencement Date).
   3. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
   4. Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 20. Business Days from its date of issue, unless otherwise stated.
3. SUNSKIPS’ RESPONSIBILITIES
   1. SunSkips shall use reasonable endeavours to supply the Services in accordance with these Conditions in all material respects.
   2. SunSkips shall use reasonable endeavours to meet Collection Dates specified in the Order but any such dates shall be estimates only and time for performance by SunSkips shall not be of the essence of the Contract.
   3. SunSkips shall use reasonable endeavours to make collections of Waste during Business Hours.
   4. SunSkips shall use reasonable endeavours to observe all health and safety and security requirements that apply at the Customer’s premises and that have been communicated to it under clause 4.1.4, provided that it shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract.
   5. SunSkips shall be entitled to refuse to deal with any material which SunSkips has reason to believe
4. CUSTOMER’S OBLIGATIONS
   1. The Customer shall:
      1. co-operate with SunSkips in all matters relating to the Services;
      2. provide, for SunSkips, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Collection Site and other facilities as required by the SunSkips in performance of the Services;
      3. provide to SunSkips in a timely manner all documents, information, items and materials in any form (whether owned by the Customer or third party) reasonably required by SunSkips in connection with the Services and ensure that they are accurate and complete in all material respects;
      4. inform SunSkips of all health and safety and security requirements that apply at the Collection Site;
      5. obtain and maintain all necessary licences and consents and comply with all Applicable Laws as required to enable SunSkips to provide the Services, in relation to the supply and use of SunSkips’ Equipment;
      6. provide suitable access to the Collection Site, a suitable area for unloading and storing the Equipment and suitable facility for manoeuvring SunSkips’ delivery vehicle and collecting the Equipment;
      7. be responsible for the safety of any person (including SunSkips’ employees and agents) whilst at the Collection Site; and
      8. keep, insure and maintain the Equipment in good condition and shall not dispose of or use the Equipment other than in accordance with SunSkips’ written instructions or authorisation.
   2. If SunSkips’ performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, SunSkips shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer.
   3. Without prejudice to clause 4.2, if, for reasons outside SunSkips’ reasonable control including (without limitation) as a result of overloaded Equipment, failure to allow access/egress, obstacles and blockages:
      1. SunSkips’ attendance on the Service Site exceeds 30 minutes; or
      2. SunSkips is prevented from gaining access to the Service Site and consequently aborts its journey, then SunSkips shall be entitled to charge additional charges as follows:
      3. in the case of clause 4.3.1 the prices provided for in Schedule 2 part A; and in the case of clause 4.3.2 the prices provided for in Schedule 2 part B set charge for wasted journey. The costs stated in Schedule 2 may, at the sole discretion of SunSkips, be varied from time to time.
   4. The Customer warrants:
      1. the properties of the Waste contained in the Waste Description shall be true and complete;
      2. SunSkips shall be entitled to take samples of the materials placed in the Equipment to satisfy itself that the Waste Description is accurate prior to the collection and disposal of it;
      3. it will not place or allow to be placed in the Equipment Waste;
         1. liquids;
         2. falls within the meaning of Regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005/894;
         3. gas cylinders;
         4. asbestos;
         5. clinical waste;
         6. plasterboards;
         7. tyres;
         8. fridge/freezer;
         9. batteries;
         10. televisions;
         11. computer/desktops; and
         12. any material other than the Waste described in the Waste Description.
      4. without prejudice to clause 4.4.1 the Customer and SunSkips shall each agree and sign a new Waste Description at any time where there is an agreed change to the properties of the Waste pursuant to a Change Order;
      5. they will comply with the Control of Pollution Act 1974, the Environmental Protection (Duty of Care) Act 1990, and any other legal requirements required for the handling of waste materials;
      6. ensure the Waste falls within the definition of “prescribed cases” pursuant to section 3 of the Control of Pollution Act 1974 and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976/732.
      7. at the end of the term of hire, the Customer will ensure there is sufficient space for SunSkips to collect the Equipment from the Collection Site;
      8. that it will not continue to use the Equipment where it becomes damaged (save for usual wear and tear) and will notify SunSkips immediately of such damage;
      9. it will not fill the Equipment above the marked line on it;
      10. it will use reasonable endeavours to ensure the Equipment is returned in good working order;
      11. not to remove the Equipment, without SunSkips’ express authorisation from the Collection Site;
      12. that it will obtain all licenses required by the Applicable Laws; and
      13. that with respect to each contained order to be placed other than on private property that:
          1. The permission of the Highway Authority has been duly obtained under Section 139 Highways Act 1980 and will remain in place until the Equipment ceases to be placed at the relevant location;
          2. the Customer will ensure compliance with all the conditions subject to which the relevant permission has been granted, and in particular will ensure the Equipment is properly lighted throughout the hours of darkness; and
          3. The Customer will not remove the container from the place where it is deposited without first obtaining both written permission of the Highway Authority and SunSkips.
5. CUSTOMER INDEMNITIES
   1. The Customer shall indemnify SunSkips in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by SunSkips arising out of or in connection with:
      1. damage caused to the Equipment or third-party property (howsoever caused) arising out of the provision of Services from the date the Equipment is delivered to the Collection Site until the Equipment is returned to SunSkips; and
      2. breach of any term of the Contract by the Customer.
6. CHANGE CONTROL
   1. Subject to clause 6.3, if the Customer requests a change to the scope or execution of the Services, SunSkips shall, within a reasonable time, provide a written estimate to the Customer of:
      1. the likely time required to implement the change;
      2. any variations to SunSkips’ charges arising from the change; and
      3. any other impact of the change on the terms of the Contract.
   2. SunSkips shall have absolute discretion in deciding to agree with any changes proposed by the Customer. Where SunSkips agrees with the change it shall provide a draft Change Order to the Customer.
   3. Where, in the reasonable opinion of SunSkips, effecting any order relating to the provision of Services there would be a breach of the Applicable Laws, SunSkips reserves the exclusive right to amend such orders to conform with the Applicable Laws.
7. CHARGES AND PAYMENT
   1. In consideration for the provision of Services by SunSkips, the Customer shall pay the Charges.
   2. The Customers shall pay invoices within 30 days of the date of the invoice or as otherwise agreed between SunSkips and the Customer.
   3. The invoice provided by SunSkips will represent the sum that is payable to SunSkips and shall supersede any quotes provided to the Customer in relation to the Services.
   4. SunSkips shall invoice the Customer for the Charges at the intervals specified in the Order. If no intervals are so specified, SunSkips shall invoice the Customer at the end of each month for Services performed during that month.
   5. Without prejudice to any other right or remedy that it may have, if the Customer fails to pay SunSkips any sum due under the Contract on the due date:
      1. the Customer shall 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 7.5.1 will accrue each day at 5% a year above the LIBOR base rate from time to time, but at 5% a year for any period when that base rate is below 0%;
      2. SunSkips may suspend all or part of the Services until payment has been made in full.
   6. Where in the provision of Services SunSkips incurs additional costs, these costs and any losses incurred by SunSkips shall be payable by the Customer.
   7. All sums payable to SunSkips under the Contract:
      1. are exclusive of VAT, and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
      2. shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8. CONFIDENTIALITY
   1. Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 8.2.
   2. Where applicable, each party may disclose the other party’s confidential information:
      1. to its employees, officers, representatives, contractors, subcontractors 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 the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 8; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9. COMPLIANCE WITH LAWS
   1. In performing its obligations under the Contract, SunSkips shall comply with the Applicable Laws.
   2. Changes to the Services required as a result of changes to the Applicable Laws shall be agreed via the change of control procedure set out in clause 6.
10. DATA PROTECTION
    1. Both parties will comply with all applicable requirements of the Applicable Data Protection Laws. This clause 10 is in addition to, and does not relieve, remove or replace, a party’s
11. LIMITATION OF LIABILITY
    1. References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    2. Subject to this clause 11, the Customer shall give SunSkips a reasonable opportunity to remedy damage or loss caused to the Customer resulting from SunSkips’ negligence.
    3. In so far as payment of the Charges remain outstanding, SunSkips reserves the right to withhold payment of any sums payable for losses sustained by the Customer through SunSkips’ negligence.
    4. Nothing in this clause 11 shall limit the Customer’s payment obligations under the Contract.
    5. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
       1. death or personal injury caused by negligence;
       2. fraud or fraudulent misrepresentation; and
       3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    6. Subject to clause 11.5 (liabilities which cannot legally be limited), SunSkips’ total liability to the Customer shall not exceed £5,000,000 for any one event or series of connected events.
    7. Subject to clause 11.5, this clause 11.7 specifies the types of losses that are excluded:
       1. loss of profits;
       2. loss of sales or business;
       3. loss of agreements or contracts;
       4. loss of anticipated savings;
       5. loss which the Customer has insured against;
       6. loss of use or corruption of software, data or information;
       7. loss of or damage to goodwill; and
       8. indirect or consequential loss.
    8. SunSkips has given commitments as to compliance of the Services with relevant specifications in clause 3 (SunSkips’ responsibilities). In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    9. Unless the Customer notifies SunSkips that it intends to make a claim in respect of an event within the notice period, SunSkips shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
12. OWNERSHIP OF WASTE
    1. Ownership of the contents of any Equipment including Waste deposited therein by the Customer shall pass to SunSkips upon collection of the Equipment by SunSkips unless otherwise agreed in writing between the parties.
    2. The Customer acknowledges that the Equipment always remains the property of SunSkips at all times and must not in any circumstance be sold as or used as security. The Customer shall not permit any lien to be created on the Equipment.
    3. The Customer must not remove, deface or cover up any nameplate or identification mark or number located on the Equipment, nor put any mark on the Equipment, which might indicate or suggest that it belongs to the Customer or any other party.
13. TERMINATION
    1. Without affecting any other right or remedy available to it, SunSkips may terminate the Contract with immediate effect by giving written notice to the Customer if:
       1. the Customer commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
       2. the Customer repeatedly breaches any of the terms of the Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract;
       3. the Customer takes any steps or actions in connection with its entering into administration, provisional liquidation or any composition or arrangement with its creditors (other than a solvent restructuring), having a receiver appointed to any of its or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogion procedure in the relevant jurisdictions;
       4. the Customer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or13.1.5 the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
    2. For the purposes of clause 13.1.1 material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from:
       1. a substantial portion of the Contract; or
       2. any of the obligations set out in clauses 4,5,6 and 8, over the term of the Contract. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
    3. The Customer may terminate the Contract before the expiration of the Contract where they obtain written agreement from SunSkips.
    4. Without affecting any other right or remedy available to it, SunSkips may terminate the Contract with immediate effect by giving written notice to the Customer if:
       1. the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 10 days after being notified in writing to make such payment; or
       2. there is a change of Control of the Customer.
14. OBLIGATIONS ON TERMINATION OR EXPIRY
    1. Obligations on termination or expiry On termination or expiry of the Contract:

       On termination or expiry of the Contract:

       1. the Customer shall immediately pay to SunSkips all of SunSkips’ outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, SunSkips may submit an invoice, which shall be payable immediately on receipt;
       2. the Customer shall, within a reasonable time, return all of SunSkips’ Equipment. If the Customer fails to do so, then SunSkips may enter the Customer’s premises and take possession of SunSkips’ Equipment. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping.
    2. Survival
       1. On termination or expiry of the Contract, the following clauses shall continue in force: clause 1 (Interpretation), clause 8 (Confidentiality), clause 11 (Limitation of liability), clause 14 (Consequences of termination), clause 19 (Waiver), clause 21 (Severance), clause 23 (Customer dealing as consumer), clause 27 (Governing law) and clause 28 (Jurisdiction).
       2. Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination or expiry.
15. FORCE MAJEURE
    1. Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:
       1. acts of God, flood, drought, earthquake or other natural disaster;
       2. epidemic or pandemic;
       3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
       4. nuclear, chemical or biological contamination or sonic boom;
       5. any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
       6. collapse of buildings, fire, explosion or accident; and
       7. any labour or trade dispute, strikes, industrial action or lockouts;
       8. non-performance by suppliers or subcontractors; and
       9. interruption or failure of utility service.
    2. Provided it has complied with clause 15.3, if a party is prevented, hindered or delayed in or from performing any of its obligations under the Contract by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
    3. The Affected Party shall:
       1. as soon as reasonably practicable after the start of the Force Majeure Event but no later than 10 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure. Event on its ability to perform any of its obligations under the Contract; and
       2. use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
    4. If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 4 weeks, the party not affected by the Force Majeure. Event may terminate the Contract by giving 2 weeks’ written notice to the Affected Party.
16. CANCELLATION
    1. Where the Customer is acting in the course of a business, the Customer may cancel the Contract by written notice to SunSkips at any time up and until one Business Day before the Services are to commence as specified on an Order.
    2. If the Customer cancels the Contract under clause 16.1, SunSkips reserves the right to charge a cancellation fee. The cancellation fee shall be 50% of the charges.
17. ASSIGNMENT AND OTHER DEALINGS
    1. The Contract is personal to the Customer and the Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
    2. SunSkips may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under the Contract.
18. VARIATION

    Subject to clause 6 (Change control), no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

19. WAIVER
    1. 19.1 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
    2. 19.2 A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
20. RIGHTS AND REMEDIES

    The rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.

21. SEVERANCE
    1. 21.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
    2. 21.2 If any provision or part-provision of the Contract is deemed deleted under clause 21.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
22. ENTIRE AGREEMENT
    1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
    3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
23. CUSTOMER DEALING AS A CONSUMER

    Where the Customer is dealing as a consumer and contracts for the Services remotely (as described in the Schedule), but not otherwise, the provisions of the Schedule shall apply.

24. NO PARTNERSHIP OR AGENCY
    1. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
    2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
25. THIRD PARTY RIGHTS

    The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

26. NOTICES
    1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
       1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
       2. sent by e-mail to the address specified in:
          1. notice to SunSkips at admin@sunskips.co.uk
          2. notice to the Customer at the e-mail address stated on the Order.
    2. Any notice shall be deemed to have been received:
       1. if delivered by hand, at the time the notice is left at the proper address;
       2. if sent by pre-paid first-class post next working day delivery service, at 9.00 am on the second Business Day after posting; or
       3. if sent by fax or e-mail, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
    3. This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
27. GOVERNING LAW

    The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

28. JURISDICTION

    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

CONSUMER CUSTOMERS’ ADDITIONAL RIGHTS NON BUSINESS TO BUSINESS

This Schedule only applies where the Customer is dealing as a consumer (not a business customer) and has ordered the Services remotely, either online, by other remote communication, away from SunSkip’s business premises, but does not otherwise apply.

RIGHT TO CANCEL

You have the right to cancel the Contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Equipment for the purpose of the provision of Services.

Where the Customer requires the Services and SunSkips performs the Services within the cancellation period, the Customer hereby acknowledges and accepts that they shall be liable for any and all reasonable costs in connection with the supply of the Services.

To exercise the right to cancel, you must inform SunSkips by both telephone and e-mail using telephone number 01449 613824 and e-mail address admin@sunskips.co.uk of your decision to cancel the Contract by a clear statement (e.g., a letter sent by post, fax or e-mail).

EFFECTS OF CANCELLATION

If you cancel the Contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any Equipment supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Equipment supplied.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

COLLECTION OF EQUIPMENT

We will collect the Equipment and shall bear the costs of doing so.

You are only liable for any diminished value of the Equipment resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Equipment.