Terms and Conditions
FREE TORCH OFFER TERMS AND CONDITIONS
1. The offer includes a 10% discount on HIPPOBAG & collection packages plus one free Duracell MLT-2C torch when using the promotional code 'TORCH19'
2. The promotional code applies to HIPPOBAG & collection packages only. It does not apply to HIPPOBAG only or HIPPOBAG collection only purchases
3. The offer is available online and by phone from Tuesday 22nd October 2019 until midnight on Thursday 31st October 2019
4. The stated RRP for the Duracell MLT-2C torch at £14.99 is correct at 7th October 2019 based on Duracell pricing list
5. Due to logistical processes, on occasions the free gift may be posted separately
6. Offer applies whilst stocks last so HIPPO reserves the right to replace the giveaway item with a product of equivalent value without notice
7. In the instance whereby a refund is requested, the Duracell torch must be returned unused with the HIPPOBAG
8. This offer doesn't apply to HIPPOTRADE members
9. No other offers can be used in conjunction with this discount
REGIONAL COLLECTIONS OFFER TERMS AND CONDITIONS
1. The offer includes a 15% discount on HIPPOBAG collections when using the promotional code 'BQ15', ‘HOM15’, ‘WIC15’ or ‘IND15’
2. The promotional code applies to HIPPOBAG collections only. It does not apply to HIPPOBAG only or HIPPOBAG & collection package purchases
3. This promotion is only available directly from Waste Management Systems Ltd (t/a HIPPO)
4. The offer is valid for collection bookings made from Wednesday 9th October 2019 until midnight on Sunday 15th December 2019
5. The offer is available by phone only on 0333 999 0 999
6. This offer doesn't apply to HIPPOTRADE members
7. No other offers can be used in conjunction with this discount
8. Collections must be within the following postcode areas; HG1, HG2, HG3, HG4, HG5, HP18, HP22, LS17, LS21, LS22, MK18, NN13, OX20, OX25, OX26, OX27, OX3, OX33, OX5, OX5, RG17, RG20, RG28, SN8, SN9, SO20, SO21, SP10, SP11, SP4, SP9, YO26, YO51
3. BASIS OF CONTRACT
4. PLACEMENT OF HIRED EQUIPMENT ON PUBLIC LAND
5. WARRANTIES GIVEN BY CUSTOMER FOR EQUIPMENT ON HIRE
6. INDEMNITIES GIVEN BY CUSTOMER IN RELATION TO EQUIPMENT ON HIRE
7. PRICE AND PAYMENT
8. CANCELLATION AND REFUND
9. TERMINATION BY NOTICE
10. LIMITATION OF LIABILITY
11. RISK AND TITLE TO EQUIPMENT
1. TAKING CARE OF THE BAG
The HIPPOBAG is very strong but may be weakened if damaged. Check your bag after unpacking it and avoid puncturing or tearing it during use. Do not use the bag to dispose of sharp objects, hot ashes or anything that may penetrate it. The HIPPOBAG is a single trip bag and will not be replaced.
Please bear in mind that the HIPPOBAG must be left within 4 metres (13 feet) of a public highway and that the highway must be at least 4 metres (13 feet) wide to enable access for the lorry.
Please also note that our lorries will not drive on to block paving due to the risk of damage.
It's important to be aware that your collection will be carried out by a large lorry. Our standard fleet consists of 26 tonne vehicles, which are about the size of a fire engine. If you have any concerns about access, please contact us for full specification before you place your order as a handling fee may be applied if a collection fails due to access, or we have to collect via one of our specialist smaller vehicles.
The bag must be well clear of any walls, trees, parked cars, overhead wires or anything else that might obstruct the operation of the crane.
You should not place your HIPPOBAG on public highways, pavements or verges without obtaining prior permission to do so from your local authority. Find out more about obtaining permission here.
Should access to the bag be restricted, there may be a charge incurred to accommodate an alternative collection vehicle. Please contact us for more information.
3. FILLING THE BAG
Distribute your waste and its weight evenly and do not overload or fill the bag above the top edge. Maximum 1 tonne for a MIDIBAG and 1.5 tonnes for a MEGABAG. If the bag is overfilled, you will be charged extra.
Due to it’s large size, the HIPPOSKIP bag can only be filled up to 1/4 full with heavy waste such as bricks and masonry. The HIPPOSKIP bag is intended for the disposal of large amounts of light, bulky waste such as kitchen units, and care should be taken not to overload the bag. If you are in any doubt, please contact us before purchase!
Please Note: The HIPPOBAG is intended for the disposal of ordinary household, garden and builders’ waste only. The bag should not be used to dispose of hazardous or specialist wastes. Examples include asbestos, fridges, freezers, batteries, electrical goods, gas bottles, liquids, chemicals, sprung mattresses and clinical or food waste. These are more costly to recycle or dispose of so if we find any of the above in your bag, any surcharges will be passed onto you directly. You should also be aware that failure to declare these wastes or comply with this guidance may put you in breach of UK environmental protection laws. For an exhaustive list of prohibited items or for further information regarding a particular waste stream, please contact us or refer to our Accepted & Prohibited Waste Streams fact sheet.
Due to EA legislation, plasterboard cannot be accepted if mixed with other waste streams. We can only collect plasterboard if it is segregated into it’s own HIPPOBAG. Please contact us on 0333 999 0 999 if you have any questions regarding the waste in your bag.
4. CONTACTING US TO ARRANGE COLLECTION
We are open Monday to Friday between 8am and 6pm (excluding bank holidays); these hours may be extended during peak season. Be ready to tell us your unique collection ID (if you purchased your bag and collection through our website), if you’ve used a HIPPOBAG before, your contact details including a daytime telephone number, what’s in your HIPPOBAG, where your HIPPOBAG is located, how many HIPPOBAGs and what size are ready for collection, if your road is wide enough for our collection lorry (at least 4 metres), if you think there may be any other access issues and finally, if you need to be there when we collect.
Our prepaid bag and collection service is valid for 6 months from the date of purchase. The price paid at the time of purchase is valid throughout this timeframe. If you wish to arrange a collection after this time you may incur a surcharge. There are a handful of postcode areas we are unable to extend this prepaid offer to. For more information call us on 0333 999 0 999. HIPPO will aim to collect your bag within 5 working days, starting from the day after your request. This may be extended during peak times (e.g. bank holidays) but we’ll always keep you posted.
Please note that the collection price will be confirmed at time of booking. Price variations may apply in some areas (e.g. remote postcode zones or London congestion area). If you have any concerns regarding your location please contact us before you purchase the bag and we will be able to confirm your collection price.
5. ALLOW ACCESS
Make sure that our collection representative can access the collection site at any time between 6am and 9pm seven days a week, even if nobody is there. Please note that we reserve the right to refuse collection if a bag is positioned beyond the reach of our vehicle, our lorry would need to drive onto block paving, the crane operation is obstructed, our collection representative cannot gain access to the site, or if the bag is overloaded, overfilled, damaged or contains anything other than ordinary household, garden or builders’ waste (refer to ‘Filling the bag’ above).
Please advise staff at time of booking of any restrictions that may apply to the collection site e.g. red route network, no parking, no waiting etc.
If collection is unsuccessful for any of these reasons it may not be possible to issue you with a full refund. Please be aware that the HIPPO fleet are costly to run so for this and environmental reasons we aim to keep mileage to a minimum.
6. REFUND POLICY
We hope you won’t change your mind, but if you do, you have up to 28 days to return your purchase and request a refund. Simply contact our customer services team and return your HIPPOBAG to us, unused and in its original packaging. Please note that you will be responsible for the cost of returning the bag. Once received, we will cancel your order and issue a full refund.
In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you cannot cancel the collection service once it has started. It may be possible to reschedule the collection at HIPPO's discretion.
7. CHRISTMAS HIPPOBAG COLLECTION
In order to assure your HIPPOBAG Collection before Christmas, please ensure you have booked this on or before Tuesday 13 December 2016. Any HIPPOBAG Collection bookings made after this date cannot be guaranteed before Christmas. We will still aim to collect your HIPPOBAG within 5 working days, however this could be longer due to the busy time of year.
TERMS AND CONDITIONS OF WEBSITE USE
Use of this website constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the website. HIPPO reserves the right to add to or change these terms and conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the website. Your continued use of this website after changes are posted constitutes your acceptance of these terms and conditions as modified.
Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of HIPPO. You agree not to adapt, alter or create a derivative work from any of the material contained in this website or use it for any other purpose other than for your personal non-commercial use. You agree to use this website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website.
The information contained on this website does not, and will not, form any part of a contract or offer for sale. Furthermore it does not constitute an offer capable of acceptance and no binding commitment may be entered into on the basis of the information contained on this website.
Links to the HIPPOBAG website must be direct to the HIPPOBAG homepage. HIPPO disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the HIPPOBAG website.
HIPPO provides the material published on its website on the basis that it disclaims all warranties in respect of such material, whether express or implied. Neither HIPPO nor the original providers of the material accept any liability for any direct, indirect, incidental or consequential loss of business, revenues or profits or special damages arising from the publication of the material on the HIPPOBAG website. The names, images and logos identifying HIPPO or third parties and their products and services are proprietary marks of HIPPO and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of HIPPO, or any other third party.
HIPPO endeavours to ensure that all information and material on the website is correct and accurate but does not accept any liability for errors or omissions; neither does HIPPO warrant that use of this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials.
HIPPO is not responsible for the content of any material you encounter after leaving our website via a link in it or otherwise and HIPPO excludes to the fullest extent permitted by law all liability that may arise in respect of such material.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.
If these terms and conditions are not accepted in full, use of this website must be terminated immediately.
Persistent cookies: Persistent cookies remain on your device until deleted manually or automatically.
Session cookies: Session cookies remain on your device until you close your browser when they are automatically deleted.
Types of information we use
Username and password: To provide you with a user account, this includes a user name and password which we keep in case you have any log-in problems or have forgotten your username.
Name, address and postcode: To allow us to send the HIPPOBAG to you at your stated address and for collection purposes.
Email address: We send confirmation of any orders you make to your given email address, we may use your email address to contact you should any issues occur with your order and if you have opted in, send you relevant marketing from time to time.
Telephone number: This is to contact you directly should there be any problems with your order, collection and if you have requested a call back or to be contacted the day before your collection is taking place.
Payment card number, expiry date, issue no and name of card holder: This is to process and take payment for your order.
IP addresses: When you visit our site, we will automatically receive your IP address, a unique identifier for your computer or other access device. This is used to analyse and improve our website and also to communicate with your computer via our live chat service.
Cookies: Cookies take minimal pieces of information from your browser about which areas of the website you access. We use this information purely to improve the layout, information and customer experience of the website based on this data. Our live chat service, which runs through a service called O lark, requires cookies to see that you are currently on our website and on which page, which allows us to provide you with a better standard of live customer service.
All rights, including copyright and database right, on the HIPPOBAG website and its contents, are owned by or licensed to HIPPO, or otherwise used by HIPPO as permitted by applicable law. In accessing the HIPPOBAG website, you agree that you will access the contents solely for your own private use and not for any commercial or public use. You are not permitted to copy, download, store (including in any other website), distribute, transmit, broadcast, adapt or change in any way the content of these web pages without the prior written consent of HIPPO or in accordance with the Copyright, Designs and Patents Act 1988.
HIPPO SKIP HIRE TERMS AND CONDITIONS
means the contract for the hire of the Equipment from delivery of the Equipment to the Customer, to collection thereof, from the Customer or such time as collection thereof ought reasonably to have been completed by the Supplier.
means the person or company requesting provision of Equipment(s) from HIPPO.
means any skip(s) or any other hire item provided as part of the service.
means Waste Management Systems Ltd (t/a HIPPO),1000 Lakeside, North Harbour, Portsmouth, Hampshire, PO6 3EN
means the supply of Equipment by HIPPO for the period of hire to for the removal of waste on behalf of the Customer and the subsequent disposal of the contents of such Equipment on behalf of the Customer.
means the place where the Equipment is deposited at the request or direction of the Customer.
Means HIPPO’s duly authorised agent or sub-contractor and is the person who owns the Equipment.
means the Supplier’s vehicle.
means 8 am to 6 pm Monday to Friday in any week (excluding Bank Holidays).
The Parties to this Contract are the Customer and HIPPO.
3. BASIS OF CONTRACT
3.1. Any quotation or estimate given by HIPPO is an indication given in good faith and shall not become binding unless confirmed by HIPPO in writing. Prices quoted are based on information available at the date of quotation and HIPPO reserves the right to vary prices at any time without notice prior to accepting an order from the Customer. The dimensions set out are approximate and are provided only as a guideline.
3.2. The Contract made between HIPPO and the Customer incorporates and is subject to these conditions and constitutes the entire agreement between the Parties, superseding all previous agreements or arrangements between the Parties. No variation to these conditions shall be binding unless agreed in writing between Parties prior to the date of the Contract.
3.3. HIPPO reserves the right to make any changes in the specification of the Equipment which are required to conform to any applicable safety or other statutory requirements.
3.4. The term of hire for any Equipment shall be 14 days unless agreed between the parties (or as required by the skip permit, if appropriate) and shall be inclusive of the day of delivery. The Supplier shall be entitled at its own discretion to leave the skip on site for longer than 14 days and to collect the skip at any time having given the Customer notice. Hire for long periods of time may be subject to additional charges of which the Customer shall be made aware as necessary.
3.5. Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond the reasonable control of either the HIPPO or the Supplier, including but not limited to acts of God, war, strike, lock out or other form of industrial action, embargoes, government orders, accident, inclement weather event, difficulties in obtaining fuel parts or machinery, power failure or breakdown, or malfunction of machinery or any other force majeure event.
3.6. Where the hire of Equipment is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 (as amended), the duration of the hire shall not exceed 3 months. Accordingly the hire of any Equipment is not covered by the Consumer Credit Act 1974 (as amended).
3.7. Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent have no force or effect.
4. PLACEMENT OF HIRED EQUIPMENT ON PUBLIC LAND
4.1. Skip permits are required by law. If you request the Supplier place a skip on any public road or pavement you will need a skip permit (or skip licence). If you fail to have a valid permit your skip could be removed before you have filled it and/or you could be liable to a fine. There is no requirement for a permit if you put a skip on private land, such as your driveway or field. As well as skip hire permit charges, if a skip needs to be placed in a residents parking bay, metered parking or controlled parking zone then the Customer will need to arrange parking suspension and pay any associated fees direct with the appropriate local council.
4.2.If any Equipment delivered by HIPPO or the Supplier is to be placed in a location other than on private property the permission of the Highway Authority may be required under Section 139 Highways Act 1980. In such circumstances the Supplier will ordinarily organise for the Customer the obtaining of permission by way of a skip road license. It remains the duty of the Customer to maintain the skip road license for the entire duration of the Equipment hire. However, In the event that the Supplier obtains permission under section 139 of the Housing Act 1980, the Supplier shall be responsible to ensure that the permission is correct and valid for the duration of the hire of the Equipment.
4.3. The Supplier and Customer (as appropriate) will ensure the observation and performance at all times of all the conditions subject to which the aforesaid permission/license is granted and in particular will ensure that the Equipment is properly lit throughout the hours of darkness.
4.4. The Customer will ensure that at the time of collection there is the space necessary around the Equipment to give the Vehicle sufficient access to collect. In the event that it proves impracticable to deliver or collect Equipment because of inadequate access to the Equipment, the Customer shall be liable to pay HIPPO the abortive delivery or collection costs incurred.
5. WARRANTIES GIVEN BY CUSTOMER FOR EQUIPMENT ON HIRE
The Customer warrants:
5.1. That it will take reasonable care of the Equipment, only use it for its proper purpose in a safe and correct manner, notify HIPPO immediately after any loss and/or damage to the Equipment and keep the Equipment at all times in its possession and control.
5.2. Not to light fires neither in the Equipment nor to burn anything therein, nor to place any corrosive acid or noxious substance nor liquid cement or concrete in the Equipment.
5.3. Not to deposit in the Equipment Restricted Material which shall include (but not limited to) the following: Fridges/ Freezers, Tyres, Paint, Cans, TV's/ Monitors, Asbestos, Clinical/ Medical Waste, Florescent Tubes, Solvents, Liquids, Oil, Batteries, Plasterboard, Hazardous/ Toxic Material, Gas Cylinders. Surcharges will apply where any of these items have been deposited without the prior permission of HIPPO or the Supplier and the Customer warrants to pay any such surcharges immediately upon demand by HIPPO.
5.4.1. the waste material to be placed in the Equipment falls within the meaning of prescribed cases under Section 3 of the Control of Pollution Act 1974 (hereinafter referred to as the 1974 Act) and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as the 1976 regulations) and any subsequent Regulations issued by the Secretary of State for the Environment which are in force on the date of the removal of each loaded container; or
5.4.2. the requisite license has been issued under Section 5 of the 1974 Act; AND that the waste material to be removed or disposed of in the Equipment does not come within the definition of Hazardous Waste contained in the Hazardous Waste (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005.
5.5. That all activities undertaken by the Customer which may be subject to regulation by virtue of any applicable duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant with the legislation and do not detrimentally affect the compliance of HIPPO with the said legislation or in any way render HIPPO liable under Section 33 of the said Act or otherwise liable.
5.6. That it will take adequate and proper measures to protect the Equipment from theft, damage and /or other risks and will return the Equipment in good working order and condition (fair wear and tear excepted).
5.7. That it will not continue to use the Equipment where it has been damaged (other than usual wear and tear of the Equipment) and will notify HIPPO immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person.
5.8. To ensure that the Equipment is not filled above the level of the sides thereof. In the event that HIPPO or the Supplier is unable to collect the Equipment owing to overloading of the Equipment, the Customer shall pay to HIPPO any abortive costs of collection incurred by HIPPO.
5.9. That if the Equipment is returned in a damaged, unclean and/or defective state (except where due to fair wear and tear), the Customer shall be liable to pay HIPPO: (i) for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire and (ii) the hire charges until such repairs and/or cleaning have been completed.
5.10. That it will pay to HIPPO the replacement cost on a new for old basis of Equipment which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to HIPPO under any policy of insurance taken out in accordance with these conditions. The Customer shall further pay to HIPPO the hire charges for the Equipment until HIPPO has been paid the amount representing the replacement cost of the Equipment.
5.11. That the Customer will notify HIPPO of any change of it’s address and upon request provide details of the location of the Equipment and permit HIPPO at all reasonable times to inspect the Equipment including procuring access to any property where the Equipment is situated.
6. INDEMNITIES GIVEN BY CUSTOMER IN RELATION TO EQUIPMENT ON HIRE
6.1. The Customer agrees that it shall indemnify HIPPO in respect of all losses suffered by HIPPO as a consequence of:
6.1.1. The Customer requiring HIPPO or its subcontractors to use Vehicles to deliver or collect the Equipment off road where damage is caused to the Vehicle, to the Equipment or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.
6.1.2. Damage to or loss of the Equipment while on hire to the Customer which shall include damage howsoever caused but excepting fair wear and tear.
6.1.3. All claims for injuries to persons or damage to property arising out of use of the Equipment while on hire.
6.1.4. Any breach of these Conditions by the Customer.
6.2. The Customer shall indemnify HIPPO for any surcharges charged by the Supplier as a result of the Customer’s use of the Equipment and disposal of waste therein.
7. PRICE AND PAYMENT
7.1. The Customer can only pay by credit or debit card. Payment for the Equipment and all applicable delivery charges is in advance, based on the information provided by the Customer. In the event that there are any surcharges (such as overweight/overloaded skip charges, disposal of restricted items, etc.) or wasted journey charges, the Customer shall be liable to pay these fees and HIPPO shall contact the Customer to arrange further payment.
7.2. Any payment made by the Customer shall be deemed conclusive proof of entitlement to payment for the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.
7.3 Payments made in respect of skip road licenses are subject to acceptance from individual local authorities and are thereby conditional. In the event that a skip road license is not granted HIPPO shall refund those amounts to you less any card processing fees reasonably incurred.
8. CANCELLATION AND REFUND
8.1. You may cancel your order for Equipment by giving us one Working Day notice at any time before we start incurring any costs.
8.2. If you cancel an order under 8.1 and you have made any payments in advance for Equipment that has not been delivered to you, HIPPO shall refund those amounts to you less any card processing fees reasonably incurred.
9. TERMINATION BY NOTICE
9.1. If the period of hire has a fixed duration neither the Customer nor HIPPO shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party. If the period of hire does not have a fixed duration either the Customer (subject to clause 8.1) or HIPPO is entitled to terminate the Contract upon giving to the other party any agreed period of notice (if no period of notice has been agreed, the default notice period shall be 2 Working Days’ notice in writing).
9.2. In the event that the Contract is terminated the Customer shall pay to HIPPO without deduction or set-off any sums outstanding as at the date of termination, or sums which fall due after termination which relate to the hire of the equipment (e.g. additional costs of removal of the Equipment or disposal).
10. LIMITATION OF LIABILITY
10.1. If HIPPO 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.
10.2. The Customer shall give HIPPO a reasonable opportunity to remedy any matter for which HIPPO is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, HIPPO shall have no liability to the Customer.
10.3. HIPPO shall have no liability to the Customer if any money due in respect of the hire of Equipment has not been paid in full by the due date for payment.
10.4. HIPPO 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 HIPPO.
10.5. HIPPO 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 other direct and indirect losses or for business interruption, loss of business or loss of opportunity.
10.6. HIPPO shall use its reasonable commercial endeavours to ensure the Equipment arrives when the Customer requires delivery. Any approximate times given by HIPPO are estimates only and HIPPO 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. HIPPO 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 HIPPO’s reasonable control.
10.7. Nothing in this Contract shall exclude or limit the liability of HIPPO 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.
11. RISK AND TITLE TO EQUIPMENT
11.1. Risk in the Equipment will pass immediately to the Customer when the Equipment leaves the physical possession or control of HIPPO or the Supplier. Risk in the Equipment hired will not pass back to the Supplier from the Customer until the Equipment is back in the physical possession of the Supplier. This shall apply even if HIPPO has agreed to cease charging for the hire of the Equipment.
11.2. Title in the Equipment hired remains at all times with the Supplier. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer. The Customer must not deal with the title or any interest in the Equipment hired. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.
12.1. If any term or provision in these conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions (amended as necessary) shall not be affected.
12.2. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
12.3. The Contract shall be governed by the Laws of England and the Customer and HIPPO hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
12.4. In any legal proceedings between HIPPO and the Customer the written confirmation of the duly authorised representative of HIPPO as to date of delivery of the Equipment and the date of its collection by HIPPO or the Supplier shall be conclusive evidence of the facts stated therein.