richard gene mcfadin

28/02/2021

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Maybe you meant prejudice. Mr, McFadden was always very friendly and professional. I’m reading In Broad Daylight now, but have read about McElroy previously. Glad the devil came for his soul. I remember in 1979 a young man was elected sheriff in a rural southerner county and he was faced with a previous do nothing law enforcement community and about 10 characters like McElroys. He smelled the cash and kept McElroy as client. I met with Gene again in 2007, not long before the rerelease of “In Broad Daylight.” He was not doing well then, but he was his usual self. Richard McFadin, Self: No One Saw a Thing. Everyone praised oj Simpsons lawyer. Hold your hand over a candle, an inch away, and keep it there forever. Let’s not forget either that McElroy paid McFadin well and was often in need of his services so it was in McFadin’s best interest to keep McElroy free to get in trouble, it’s just job security. He wasn’t a public defense lawyer and McElroy was not a pauper and he had no obligation to keep representing the thug. Your father lived and worshiped the almighty dollar. Richard has been found in 10 cities including Kansas City, Gallatin, Breckenridge, El Dorado Springs, Elk Creek, and 5 others. Mr. McFadden represented me for an illegal police stop and did an excellent job. It is absolutely not the attorney who is at fault here. “Blame the jury if you need people to blame!” — The jurors whom he undoubtedly threatened and intimidated? I just learned that Richard or “Gene” McFadin died last May. From morbidology.com/the-town-that-got-away-with-murder. He loved the way he was portrayed in the book. Then grandpa chose to gloat about it and send copies of a book in which he was exposed for what he was to the entire Missouri State Senate. He was the Skidmore bully. Only the good die young. As for McFadin, what I always liked about him was that he made no bones about who he was or what he was doing. McElroy would come into town from his nearby farm heavily armed, leading a caravan of pickups driven by his wife and his girlfriends. “McElroy came back from jail.He didn’t think he could survive it” — McElroy did not think he could survive jail? Trena hamil pada usia 14 tahun, berhenti sekolah di kelas 9, dan tinggal bersama McElroy dan istri ketiganya, Alice. Write Review. Richard McFadin, McElroy’s lawyer, somehow managed to postpone his appeal hearing not once but twice, much to the townsfolks dismay… ‘I know why they didn’t talk – they were all glad he was dead. How many people did he victimize? Richard Mcfadin. Souls that end up in hell are there because they want to be and they earned it. Fine. There, he began hanging out with his ‘coon huntin’ buddies’, men who shared his passion for hunting raccoons at night when the animals were active. So it seems to me Roy was pretty smart and my grandpa was pretty much a bad ass. There is a right to defense for everyone in the U.S. but McFadin knew what McElroy was. But u just go back to whatever life u have and be the best order taker at McDonald’s and may the Lord save your soul for wishing a man would burn for being the BEST AT WHAT HE CHOSE TO DO IN LIFE. Gene Mcfadin was my father and was an excellent attorney ! Vote now! I wish I were religious so I could be sure the two of them are where they belong. After reading about the crimes that he helped perpetuate, good riddance to bad rubbish. Cynthia was born on July 16, 1962 and passed away on Sunday, May 24, 2015.. Cynthia was a resident of Saint Joseph, Missouri at the time of passing. He still practiced law up until he couldn’t… so anyone who wants to say horrible things about a man who is gone from his family and the people he loved this was one bad client and wasn’t that his job?? He can TOTALLY pick and choose his clients. — Richard McFadin, 88, died Saturday, May 19, 2012, at the Daviess County Nursing & Rehab. Then everyone on this planet who does there job well should burn in hell. There was no pretension about the man. Valiere: “Agreed, Kurt. Put the blame where it belongs and read the US Constitution. If McFadin had let Ken go to jail, Ken might not have been shot but I guess he loved money more than people’s lives. “Knew”, now ” new”. His was money was “made” illegally yet McFadin, nor any authority, questioned its use. Elderly people cancelled their monthly dinners, the Bowencamps lost customers, one man closed his store, he gloated when Trena married Ken and acted obnoxious. Richard Gene McFadin was not a lawyer advocating for a client but a sleazy twisted thug who got his kicks vicariously by representing (21 times) the sociopath McElroy, who had committed every conceivable crime except murder. ″It’s time I think everybody ought to leave it lay,″ said Dave Dunbar, a friend of McElroy’s until folks persuaded him to become town marshal. I’m not going to do this banter with u he was my grandfather and you didn’t know him!! McFadin used every trick in the book to get McElroy acquitted on the many charges against him, and he took great satisfaction in his successes. McFadin's goal was to delay the trial. Lucky him that he found a lawyer who shared the same ethics and moral code, and who lived far enough away in Gallatin to not have to smell the stench. Police don’t believe that none of those residents saw them, either. He was 56. I get Bobbi Griffin loving grandpa but once a person becomes an adult they should be able to judge their loved ones for what they really did and really were, painful as that may be. My grandfather was an amazing man who did more in his life to help people then u will ever know do u even know he was a war medic who saved a lot of lives he can’t help who his clients were!!! When viewing a listing, consider the state advertising restrictions to which lawyers and law firms must adhere, as well as our West Legal Directory disclaimers.Some lawyers publish comparative information regarding the services that they provide which may be subject to specific comparative communications restrictions. I have never seen such bunch of cowards and especially people in the legal system that were cowards and would not do their jobs..Even the threatened cops who had guns put in their face were too scared to act and did not hold up to their oath..They desecrated the badge..Even the stae pole capt was calling the AG to help..There are so many instances of hideous crimes by the McEelroy outlaw, that it is inconceivable that no one took action..Threatened cops, threatened witnesses, intimidated victims, rape of children, burglary, theft, armed assault on victims, and I could go on and on and no one did nothing until the citizens had enough and had to get rid of the plague.SAD!!! Ken reaped what he sowed. Although I feel Rex didn’t get everything he deserved, i.e beaten, sodomized, tortured, drug down Main Street, shot and then hung on the outskirts of town, that area has terrible law enforcement. Whereas everyone deserves good counsel, abiding by a client who willfully intimidated witnesses crosses the line. 0 Comments. He loved the way he was portrayed in the book. For McFadin, it was no doubt about money and attention. I liked your Dad a lot. He was the worst stereotype of an amoral lawyer. And after he was killed, he manipulated Trena. Associates: tina l mcfadin, marjorie a mcfadin, richard e mcfadin, richard e mcfadin, cynthia gene mcfadin, deborah l perez, jacquelyn kathleen mcfadin, joanne c mcfadin, nick mcfadin. Richard Gene McFadin Tag. Unless McElroy put a gun to McFadin’s head — which of course he did not — then being a lawyer is no justification. Richard Gene McFadin was not just a lawyer advocating for a client but a sleazy twisted thug who got his kicks vicariously by representing (21 times and boasting about it) the sociopath McElroy, who had committed every conceivable crime except murder. Your father probably is still explaining his part in the rape of women and terrorizing of innocent people. I could tell by the way the Judge acted and the amount of people in court for the same reason that it was a county “cash grab” to fill their coffers. Ken Rex McElroy: lt;p|>|Ken Rex McElroy| (June 1, 1934 – July 10, 1981) was a resident of |Nodaway County, Missour... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. It’s gene not gean!! People can still love their kin yet own up to their flaws, failings and bad deeds. Thank you, Mr. MacLean for a fascinating and in-depth look at this case. I write about McFadin and my relationship with him in my upcoming Kindle Short “About In Broad Daylight, the Story Behind the Book.” Personally, I liked McFadin because he was without pretense–he made no bones about who he was and what he did. While I wouldn’t have represented the people he did, this is America, and every defendant is entitled to a decent defense under the law. I am related to him and can say that he was a good person who knew the law and when payed would get his clients out of jail. Unless your client’s as crooked ad you are and to help with right and wrong. If you look at his client McElroy, the man was a career criminal. Jake..lol. His nighttime activities were to become his income—he became a cattle rustler in a remote corner of Missouri where cattle markets were poorly policed, and there was no obligation to brand cattle. At what point was McFadin at least enabling, if not actually aiding and abetting, a known thief? Lock Info. Mcelroy would’ve found someone else to represent him. Work: Add Info. I actually new Gene McFadden, and his daughter, Tracy. McElroy also developed a skill for brandishing weapons, and intimidation.” (http://www.ethnography.com/2017/04/that-was-a-real-nice-truck-vigilante-justice-in-skidmore-missouri-usa/). Will Ford: “In 1980 on the television show Dallas, J.R. Ewing was shot at the end of the season. You were McFadin’s biographer? Think Nazi Germany when soldiers were just doing their jobs. McFadin’s own kids were raised in Gallatin, not in Nodaway County, so they and their offspring can now sing the patriarch’s praises because they never had to live through the terror. “His [McElroy’s] lawyer, Richard McFadin, would later say that he defended McElroy in at least three or four felonies per year… An exasperated McElroy was soon seen in D&G Tavern, his local haunt, brandishing an M-1 rifle with a bayonet attached to the muzzle. I’m not a fan of vigilantism, but the town did the right thing by doing “nothing.”. . Well done, sir. All with the aid of a lawyer. (McElroy probably would have gotten there anyway had he lived longer, though.) We design, build, and remodel homes and work spaces throughout the Pacific North West, based out of Portland OR As I said earlier, I came to like McFadin, your Grandpa. February 10, 2021 MCFADIN RICHARD E ATTORNEY is practising law in Gallatin - Missouri 64640. McElroy, 47, could empty the pool hall just by walking in. I side with Skidmore. McElroy’s attorney, Richard Gene McFadin, then put Henry on the stand and forced him to admit in court that he had concealed his own petty criminal conviction from 30 years before. I thought everyone would want all world wide diseases (like, say, COVID) to be eliminated. Here's why we're not convinced. Gene is here with me in Hell, I have quite the legal team! If a criminal Attorney picked their clients based on whether they thought they were good or bad , there’d be zero clients. BWHAHAHAHA. Dunbar said many farmers accused McElroy of stealing livestock, farm equipment and the hearts of their wives and daughters. I drive through Skidmore several times a week, and I’m always struck by how quiet the community is. I sleep just fine at night and will always be proud of my father.. he worked from the age of 13 and fought hard to be the success he was … He taught me strength and is the reason I have always been able to persevere through some of my hardest times.. To complain that an attorney did his job too well just shows the ignorance of you people. No sympathy from me. Terrorize? Hopie he’s burning in hell. He always played straight with me. He probably toasted his memory… fucking scumbag lawyer. In Broad Daylight is a 1988 true crime book by award-winning writer Harry N. MacLean, detailing the killing of town bully Ken Rex McElroy in 1981 in Skidmore, Missouri.The book won an Edgar Award for best true crime writing in 1989, was a New York Times bestseller for 12 weeks (charting at number 2) and was adapted into a television movie of the same name. He chose to lie with scum and snakes. I love a person more who wins when it’s unlikely. Do not tell us that. ″It was a spur of the moment thing, I think.″, Connect with the definitive source for global and local news. He is a good man, and even if he was not have some respect and don’t make fun of a dead man. “he was my grandfather and you didn’t know him! The company was incorporated in Florida eight years ago and is no longer active. View Full Background Info View Full Background Info. My grandfather was an amazing man and grandpa miss him everyday!! I knew Gean too. Is he still around and healthy? His daughter is evidently a lawyer now. Dozens of residents stood within stone-tossing distance outside the town’s only tavern when shots from two rifles rang out across the main street and pierced the town bully’s skull. He was also extremely helpful to me in researching the book, arranging, for example, my interview with Trena. Ken McElroy: | |Ken Rex McElroy| (June 1, 1934 – July 10, 1981) was a resident of |Skidmore|, |Nodaway C... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. (AP) _ Ken Rex McElroy, a hulking man with long black sideburns, blew into town for the last time 10 years ago this week. ″I think it made the town infamous.″. Cynthia McFadin You are a horrible person. That is not a lawyer zealously advocating for a client — that is sleazery and thuggishness. Absolutely. He was a lowlife, like his client. Also, use the right tense — “Ken McElroy WAS the bad guy here”, which I much prefer. Edit Profile. Jolin Maey L mandi Franklin marsh Richard Manning Russell piln Mayo John capt Marshall Letitia Maley Patrick Mansou L jr Warren marsh tll Win T capt Macloud John Marston Charlotte McAllister John Mcfadin Jas Mc uehlin Patrick McCallin Wm Chs Me Auna Steven Mc li i tock Franci Mc Vuthy Cart by Mcfann y Pele.’ hy Mich rcl McDaniel Mary A Mct tonnell John Ann Mc … “[s]o anyone who wants to say horrible things about a man who is gone from his family and the people he loved this was one bad client and wasn’t that his job? A well written page-turner that is timeless. I GREW UP IN THAT LAW OFFICE AND NEVER HEARD OF ROY ABUSING CHILDREN AMD IT DOESN’T MATTER BECAUSE A LAWER IS NOT THERE YO PROVE U GUILTY. Since it is rare I see someone with the same spelling as my last name, I wonder if we may be related? I actually really liked McFadin in the book. After reading “In Broad Daylight” I have a new perspective on the law. Clement has maintained his innocence. Our law firm office is located at 119 South Main Street in Gallatin, Missouri and you can reach us via email, fax or phone number ☎ (660)663-2526.

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22. Risk and Title: The risk in relation to any hire item(s) supplied pursuant to this Contract shall pass to the Hirer upon delivery, in accordance with the Hirer’s request or direction and shall remain with the Hirer until the hire item(s) are collected by the Provider. Title shall not transfer to the Hirer under any circumstances.

23. Where the Service is provided under a consumer transaction as defined by the Consumer Transaction (Restriction on Statements) order 1976, the statutory rights of the Hirer are not affected by these conditions.

24. It is specifically provided and agreed that any compensation &/or damages payment in respect of any claim or claims arising out of, or in connection with, the terms of this contract for any reason whatsoever and howsoever arising, shall not amount in the aggregate to more than the cost of the provision of the service by the Provider, or that part of the Service giving rise to such claim, and in any event not more than £1000; and Skipandwaste.com and any other person entitled to the benefit of this contract shall have no further liability to the Hirer. Except in respect of death or personal injury caused by the negligence of Skipandwaste.com or any other person entitled to the benefit of this contract, Skipandwaste.com or such party shall not be liable to the Hirer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of this contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential or incidental compensation whatsoever (and whether caused by the negligence of Skipandwaste.com or any other party entitled to the benefit of this contract, their employees, or agents, or otherwise) which arise out of, or in connection with the supply of the service, except as expressly provided in these conditions.

25. Skipandwaste.com shall not be liable to the Hirer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the provider’s, supplier’s, or co-ordinator’s obligations in relation to the service, if the delay or failure was due to force majeure.

26. Insolvency of Hirer:

a) This clause applies if:

i) The Hirer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or
reconstruction); or ii) an encumbrance takes possession, or a receiver is appointed, or any of the property or assets of the Hirer, or

iii) The Hirer ceases or threatens to cease; to carry on business; or

iv) Skipandwaste.com reasonably apprehends that any of the events mentioned above is about to occur in relation to the Hirer and notifies to the Hirer accordingly.

b) If this clause applies, then without prejudice to any other right or remedy available to Skipandwaste.com, Skipandwaste.com shall be entitled to cancel the contract or suspend any further deliveries under the Contract without any liability to the Hirer, and if the Services have been provided but not paid for, the price shall become immediately due and payable, not withstanding any previous agreement or arrangement to the contrary.

27. Refund Policy

27.1 Application for refunds must be sent directly to Skipandwaste.com, in writing, addressed to the Customer Service Manager.

28. Cancellation Policy – Cancellation of Hire. If the hirer chooses to cancel the hire, the following charges will be levied:

More than 4 days’ notice – 10% of total hire charge

1-3 days’ notice – 50% of total hire charge

Less than 24 hours’ notice – 100% of total hire charge

Please note cancellation charges apply on all orders once instruction to deliver has been taken.

Additional Terms & Conditions for Domestic Private Hire

The hirer is responsible for ensuring the position for hire item(s) delivery has a clear access. Blocked access due to abandoned vehicles or materials resulting in failed delivery/collection will incur standing time and or an aborted delivery charge (known generally as a wasted journey fee). The Hirer is responsible for theft or damage to hire item(s) whilst on hire & until hire item(s) is removed by the hire item(s) owner.

Skipandwaste.com cannot accept any liability for any costs incurred through damage to the hirer’s driveway or other property whilst delivering or collecting the hire item(s) off the public highway.

The hire item(s) vehicle is invited off the highways onto private property at the hirer’s own risk, and is a separate arrangement to be confirmed with the Provider. Please note that we draw your attention to the fact that tarmac, block paved, and pattern-imprinted concrete driveways are at most risk.

The Hirer is also responsible for pointing out low lying cables, narrow entrance pillars, manhole covers, and any other potential risks or obstructions to Hire item(s) or the driver, prior to the hire item(s) delivery.
The local authority may require the lighting and coning of all on-road hire item(s) and, unless otherwise advised, it is necessary to obtain the necessary council consent with a road permit. Hirers should note that the fines for failure to light and cone a skip correctly vary according to the regulations set by the permit issuing authority. Hirers are advised to consult https://www.gov.uk/apply-skip-permit prior to completing the request of the hire item(s). Skipandwaste.com can assist in the facilitation of the provision of a valid permit. Please be advised that there will be an administration charge of £15 per permit/paperwork application.

In all cases delivery and collection times are given for guidance only and Skipandwaste.com accepts no liability for any costs incurred due to delays in delivery/collection; or failure to deliver on the preferred delivery date, or at the preferred time due to unforeseen circumstances. In all circumstances invoices exclude exceptional conditions such as force majeure.

In Addition to the above terms

1 INTERPRETATION

1.1 In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products;
“Customer” means the person, firm, company or other organisation hiring Hire Goods;
“Deposit” means any advance payment required by Skipandwaste.com in relation to the Hire Goods which is to be held as security by Skipandwaste.com;
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Hire Goods” means any machine, article, tool, skip, ‘wheelie bin’ and/or device together with any accessories specified in a Contract, which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events: the physical return of the Hire Goods by the Customer into the Provider’s possession; or the physical repossession or collection of Hire Goods by the Provider;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by Skipandwaste.com; “Rental” means the Provider’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
“Provider” means the appointed company arranged by Skipandwaste.com to fulfil the terms of the contract and will include its employees, servants, agents and/or duly authorised representatives;
“Services” means the services and/or work (if any) to be performed by Skipandwaste.com for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods.

2 BASIS OF CONTRACT

2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. Skipandwaste.com will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond Skipandwaste.com’s control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated.
2.3 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. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

3 PAYMENT

3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in Skipandwaste.com’s online quotation service. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. Skipandwaste.com may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.
3.2 The Customer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to Skipandwaste.com at the time and in the manner agreed. Skipandwaste.com’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.
3.3 Payments by the Customer on time under the Contract are an essential condition of the Contract. Payment shall not be deemed to be made until Skipandwaste.com has received either cash or cleared funds in respect of the full amount outstanding.
3.4 Skipandwaste.com reserves the right to withhold payment for any requested hire item, until the appropriate certification and paperwork has been received by Skipandwaste.com. This is usually, but not limited to, Waste Transfer Note, Certification of Waste type and accurate weight thereof.

4 RISK AND TITLE OWNERSHIP AND INSURANCE

4.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Provider. Title will not transfer to the Customer in any case.
4.2 Risk in the Hire Goods will not pass back to the Provider from the Customer until the Hire Goods are back in the physical possession of the Provider. This shall apply even if the Provider has agreed to cease charging the Rental.
4.3 Ownership of the Hire Goods remains at all times with the Provider. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer.
4.4 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.
4.5 The Provider may provide reasonably priced insurance in respect of the Hire Goods at additional cost to the Rental. Alternatively the Provider may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Provider may specify. The proceeds of any such insurance shall be held by the Customer in trust for the Provider and be paid to the Provider on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Provider’s written consent.

5 DELIVERY, COLLECTION AND SERVICES

5.1 It is the responsibility of the Customer to collect the Hire Goods from the Provider and return them to the Provider at the end of the Hire Period. If the Provider agrees to deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.
5.2 Where the Provider provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
5.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to power supplies and utilities for the Provider’s employees, subcontractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
5.4 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Provider’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.

6 CARE OF HIRE GOODS

6.1 The Customer shall:-
6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
6.1.2 Notify the Provider immediately after any breakdown, loss and/or damage to the Hire Goods;
6.1.3 Take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
6.1.4 Notify the Provider of any change of its address and upon the Provider’s request provide details of the location of the Hire Goods;
6.1.5 Permit the Provider at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
6.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the United Kingdom without the prior written consent of the Provider;
6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Provider has agreed to provide them as part of any Services;
6.1.8 Not do, or omit to do, anything which will, or may be deemed to, invalidate any policy of insurance related to the Hire Goods, which is notified to the Customer;
6.1.9 not continue to use Hire Goods where they have been damaged and will notify Skipandwaste.com and the Provider immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
6.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.

7 BREAKDOWN

7.1 The Provider will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
7.2 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by Skipandwaste.com or the Provider.

8 LOSS OR DAMAGE TO THE HIRE GOODS

8.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Provider for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 8.3, until such repairs and/or cleaning have been completed.
8.2 The Customer will pay to the Provider the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Provider under any policy of insurance taken out in accordance with these conditions.
8.3 The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies Skipandwaste.com that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until Skipandwaste.com has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. Skipandwaste.com shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 8.2 above.

9 TERMINATION BY NOTICE

9.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the Customer nor Skipandwaste.com shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
9.2 If the Hire Period does not have a fixed duration either of the Customer or Skipandwaste.com is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
9.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Provider and Skipandwaste.com shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the Customer.

10 DEFAULT

10.1 If the Customer:-
10.1.1 Fails to make any payment to Skipandwaste.com when due without just cause;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
10.1.3 Persistently breaches the terms of the Contract;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition presented against it or the Customer takes or suffers any similar action in any jurisdiction;
10.1.6 being a company, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver appointed over all or any of its assets, any attachment order is made against the Customer, any distress, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
10.1.7 appears reasonably to Skipandwaste.com due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
10.1.8 appears reasonably to Skipandwaste.com to be about to suffer any of the above events; then Skipandwaste.com shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.

10.2 If any of the events set out in clause 10.1 above occurs in relation to the
Customer then:-
10.2.1 Except where the Customer is acting as a consumer, Skipandwaste.com may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods owned by Skipandwaste.com may be and repossess any Hire Goods;
10.2.2 Skipandwaste.com may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
10.2.3 Skipandwaste.com may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
10.2.4 All monies owed by the Customer to Skipandwaste.com shall immediately become due and payable.

10.3 Any repossession of the Hire Goods shall not affect Skipandwaste.com’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods.

10.4 Upon termination of the Contract the Customer shall immediately:
10.4.1 return the Hire Goods to Skipandwaste.com and/or Skipandwaste.com’s nominated Provider; or make the Hire Goods available for collection by Skipandwaste.com’s nominated Provider as requested by the Provider; and
10.4.2 Pay to Skipandwaste.com all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract.

11 LIMITATIONS OF LIABILITY

11.1 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.
11.2 If Skipandwaste.com is found to be liable in respect of any loss or damage to the Customer’s property the extent of Skipandwaste.com’s Liability will be limited to the retail cost of replacement of the damaged property.
11.3 Any defective Hire Goods must be returned to Skipandwaste.com’s nominated Provider for inspection if requested by Skipandwaste.com’s nominated Provider, before Skipandwaste.com’s nominated Provider will have any Liability for defective Hire Goods.
11.4 Skipandwaste.com shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services has not been paid in full by the due date for payment.
11.5 Skipandwaste.com shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused, or contributed to, by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent, or suspected, or should reasonably have become apparent to the Customer.
11.6 The Customer shall give Skipandwaste.com a reasonable opportunity to remedy any matter for which Skipandwaste.com is liable, before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Skipandwaste.com shall have no Liability to the Customer in this regard.
11.7 Skipandwaste.com 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 Skipandwaste.com.
11.8 Skipandwaste.com shall have no Liability to the Customer for any:-
11.8.1 Consequential losses (including loss of profits and/or damage to goodwill and/or reputation);
11.8.2 Economic and/or other similar losses;
11.8.3 Special damages and indirect losses; and/or
11.8.4 Business interruption, loss of business, contracts and/or opportunity.

11.9 Skipandwaste.com’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000 whichever is the higher. To the extent that any Liability of Skipandwaste.com to the Customer would be met by any insurance of Skipandwaste.com, then the Liability of Skipandwaste.com shall be extended to the extent that such Liability is met by such insurance.

11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
11.10.1 Liability for breach of contract;
11.10.2 Liability in tort (including negligence); and
11.10.3 Liability for breach of statutory and/or common law duty; except clause 11.9 above, which shall apply once only in respect of all the said types of Liability.

11.11 Nothing in this Contract shall exclude or limit the Liability of Skipandwaste.com for death or personal injury due to Skipandwaste.com’s negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

12 GENERAL

12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.

12.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.

12.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.

12.4 The Customer agrees to indemnify and keep indemnified Skipandwaste.com against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by the Customer.

12.5 No waiver by Skipandwaste.com of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision, or any other provision. If any provision is held by any relevant competent authority to be part of the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

12.6 Skipandwaste.com shall have no Liability to the Customer for any delay and/or non-performance of a Contract to the extent that such delay is due to any Force Majeure events. If Skipandwaste.com is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

12.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract.

This shall not apply to any finance company with whom Skipandwaste.com has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to Skipandwaste.com’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

13 ADDITIONAL CONDITIONS

13.1 Skipandwaste.com may insert and present for payment any balance due and unpaid where the Customer has signed a blank or nil value debit or credit card voucher. The Supplier may also process interim payments by credit or debit card at any stage of the Contract.