beneful healthy weight recall

28/02/2021

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One dog was a Husky one a pit bull and don’t know the third. In March 2016, the Purina Company issued a voluntary recall for Beneful wet dog food tubs having a “Best By” date between June 2020 and August 2020 with the first four digits of the production code ranging from 5363 to 6054 for two products: Beneful Prepared Meals (all varieties) and Beneful Chopped Blends (all varieties) because they may not contain the recommended level of vitamins and minerals. Reports have included Beneful's Healthy Radiance, Healthy Weight, and Playful Life, while other reports did not indicate what type of Beneful was fed. tubs (all varieties) and Beneful Chopped Blends, 10 oz. Then another one! Don’t worry about trying to save a dollar on this cheap CRAP that ends up being POISON to our angels. This food has moderately high protein and average fat compared to many premium dog foods. Blue Buffalo, headquartered in Wilton, Connecticut, is voluntarily recalling cans of Blue Buffalo Homestyle Healthy Weight dog food according to an announcement on their web site Monday, February 13, 2017. Both of them had liver damage. Chewy Get help from our experts 24/7 1-800-672-4399 Chat Live Contact Us Track Order FAQs Shipping Info Start here Account Orders Manage Autoship My Pets Favorites Profile Prescriptions Sign out Cart The food also contains added vitamins and minerals. The vet could not identify why the sudden failure and death of a perfectly healthy dog. I feed it to them one day a week to give my dogs a change from dog food. Beneful. The chicken dog food is rich in muscle-building protein. If your pooch could stand to lose a few pounds or if you have a breed that is prone to weight gain, offering him a dog food for weight loss will help to keep his weight in-check. Carbohydrates do provide dogs with some benefits in their diet such as dietary fiber, ingredients that contain vitamins and minerals, and they help dogs feel sated so they aren’t constantly hungry. 4.6 out of 5 stars with 1286 reviews. Also like the rest of these messages after 4 weeks of feeding our Border collie Beneful dry food, he got sick. With a great taste and no artificial flavors, this Beneful recipe delivers calorie-smart nutrition. Most adult dogs can be fed once daily. The Originals line of dry food features simple recipes made with chicken, salmon or beef as the first ingredient. Since I cannot afford to purchase new food for him, I will wait until this is empty and then will try new food. Yet grains get blamed for a lot of food allergies that are due to something else in the food. Recall History. Please do not feed this to your dog! I went and bought his old food I had him on before kibbles and bits hasn’t had any problem since. 5-3/4 cups plus 1/3 cup for each 10 lbs of body weight over 100 lbs: Over 100: 4-1/3 cups plus 1/4 cup for each 10 lbs of body weight over 100 lbs Feeding Amount For Weight Maintenance: Dog's Current Weight: Feeding Amount For Weight Reduction+ (grams) (kgs) (grams) 49 - 129: 1.4 - 5.4: 49 - 97: 146 - 194: 5.9 - 9.1: 109 - 146: 194 - 291: 9.5 - 15.9: 146 - 218: 291 - 356 I changed her to Beneful Healthy Weight in hopes that she would drop a few pounds. But if we did so our diet would be radically different and so would our lifestyle. A sign was hung on the shelves saying the food had been recalled. Went to WalMart today and their shelves were empty of Beneful wet dog food. He changed Dallas' diet to nurse him back to health and he has not had any health issues since. I was not sure what had happened at my Publix. Yup. And they have removed propylene glycol, even though FDA considers it generally recognized as safe (GRAS). The food has 23 percent crude protein, 12 percent crude fat, 4 percent crude fiber, and 14 percent moisture. I fed my dog Beneful the end of January 2015 and she became I’ll a few days later and died after. ANSWER: Give your little fella the right nourishment with Purina Beneful Healthy Puppy Dog Food. I just bought food for the month on the first. So I got them and gave them as treats 2-3 times a day. I started buying Rachael Ray’s moist food and also the dry months ago but, have been also been buying the Beneful moist that I mix into her dry. Beneful has been the dog food that pet food bloggers love to hate for a while. The next morning I found my dog dead. First he started vomiting, drinking alot of water, having seizures,, was not holding his urine and licking his paws and having difficulty breathing. Purina Beneful Healthy Weight with Real Chicken Dry Dog Food. we have been feeding our dogs beneful healthy wight for some time now but reading all these comments on here i am really thinking twice about it.i have always fed my animals beneful or pedigree never had any problems.however reading all this i think i will be seeing my vet again just to make sure all is well with all our four legged friends. I’m returning the remaining 20 containers of Beneful, although now I am wondering about Beyond. waiting for reply. PetSmart Grreat Choice® Adult Dog Food. "You could see her spine and ribs. In March 2016, Beneful Dog Food had to recall its Beneful Prepared Meals, 10 oz. Venater is the owner of three yellow Labrador retrievers and feeds them Purina One and Purina Pro Plan. Thank you for listening. We miss him every day. But those colors certainly aren’t found in nature, and in Beneful ® they come from artificial food dyes: Red 40, Yellow 6, Yellow 5, Blue 2. The food has 23 percent crude protein, 12 percent crude fat, 4 percent crude fiber, and 14 percent moisture. You can also buy Beneful at the Purinastore.com store site. tubs (all varieties) and Beneful Chopped Blends, 10 oz. He is so much better already. I will never buy or tell my friends to buy this. And Levitzke noted that positively linking a food to illnesses in pets is no easy task. Beneful was introduced by the company in 2001 and is one of their top-selling brands today. He licks his legs all the time mostly the front. The first five ingredients in this food are: Beef, whole grain corn, barley, rice, and whole grain wheat. Some owners said immediately upon feeding for the first time, the dog became sick. Purina Healthy Weight Dog Food Recall. I don’t want to eat it. The first five ingredients in this food are: Beef, whole grain corn, barley, chicken by-product meal, and corn gluten meal. By that Tuesday, Dusty was also "violently ill" and Blankenship took him to see a veterinarian. This food has 27 percent crude protein, 13.5 crude fat, 4 percent crude fiber, and 14 percent moisture. The current formula has the following first five ingredients: Whole grain corn, chicken by-product meal, whole grain wheat, corn gluten meal, and beef tallow preserved with mixed-tocopherols. These foods have been introduced in some parts of the U.S. as of May 2017 and they will be in full distribution by August. Benef… he has never had these problems. all week he has had seizures and cant breath. This food has 309 kcal/cup. Like humans, it’s important for dogs to maintain a healthy weight, as obesity can cause a variety of health issues. Beneful. We didn’t see any coupons for Beneful but you can check the Beneful Facebook page for offers. I will not buy another purina product again. The first five ingredients are: Beef, whole grain corn, barley, chicken by-product meal, and corn gluten meal. Removed Beneful from his diet. He has been eating dry Beneful food for a few years too. The first five ingredients in the new formula are: Chicken, whole grain corn, barley, chicken by-product meal, corn gluten meal. My dog is eight and has been eating this Beneful for a few years . I have several bags, Salmon, Tuna. You can currently still see the old formula for this food on the Beneful site, but we can’t guarantee that this formula will stay online. At the time our “remarkably” healthy guy started vomiting large amounts of blood and we took him to emergency pet hospital. Purina Beneful IncrediBites with Real Chicken Small Dog Adult Dry Dog Food. If your dog can eat foods with grains, you might give the reformulated Beneful foods a try. I purchased Beneful as usual for small dogs and when I got to the checkout maggots were climbing out of the top of the bag. They will not get another shot at my animals. Very dull and no energy. I just brought her home today. Per the company, “The class action lawyers in this case have never produced a single test result, veterinarian report or other evidence to show that Beneful is anything but a healthy, safe and nutritious dog food.” Nestle Purina says they have no plans to settle the case. According to Nestle Purina PetCare, the case currently remains pending in court and the class action lawyers have changed the allegations more than once. The FDA lists propylene glycol as a safe substance for use in both human and dog food — but it is prohibited for use in cat food. "I lost my dog who was 6-years-old, healthy as a horse just this past December and I know in my heart the food was the cause,” said Julie Hyde, 39, of Sandwich, Illinois, in another. My dog and cat were both ill from the Melamine the chinese sold American Pet food companies. Beneful Healthy Weight with Real Chicken Dog Food $13.99. "Vets know pets get sick for many reasons and the food they eat is often not the root cause.". It is poison and they currently have a class action law suit. Coincidence? "Vets know pets get sick for many reasons and the food they eat is often not the root cause," Venater said. Now I finally KNOW without a doubt it is something I fed them. Purina has provided us with the ingredient lists, guaranteed analyses, and other information about their new formulas. I called our grocery store and told them about it and made arrangements to return the food to them. Second, a lot of people believe that dogs can’t digest grains because they are descended from wolves. Compare . Archived at. The vet said it was probably heavy metal poison from eating a toxic mushroom. And in some cultures these parts of the chicken are included in the human diet. "Propylene glycol is determined to be Generally Recognized as Safe for use in animal feeds, including dog foods, as a general purpose food additive when used in accordance with good manufacturing and feeding practices," FDA spokeswoman Juli Putnam said in a statement to NBC News. For some reason my daughter has changed to Pedigree and I don’t like that. The crude protein percentages for the foods will remain between about 23-28 percent. Phyllis Blankenship, 68, of West Virginia, spoke through tears about the sudden loss of her dogs, Hercules, a 7-year-old Chihuahua and Dusty, a 4-year-old Pomeranian. Good quality grains that are cooked and prepared as they are for dog foods should not pose a problem for most dogs. Pet owners are wondering what's really going into their dog bowls. Vegetable, Chicken. Skip to product compare list. The Purina Beneful product line includes the 10 dry dog foods listed below.. Each recipe includes its related AAFCO nutrient profile when available on the product’s official webpage: Growth, Maintenance, All Life Stages, Supplemental or Unspecified.. Beneful Playful Life with Real Beef [M]Beneful Healthy Puppy with Real Chicken (3.5 stars) [A]; Beneful Healthy Weight with Real Chicken [M] The consistent symptoms reported include stomach internal bleeding, malfunction or failure of the liver, vomiting, diarrhea and weight loss. So it has a lot of grains and cereals. We thought it was only fair to re-examine Beneful’s new formulas. Hyde said the vet asked her if it was possible the dogs had been around any kind of anti-freeze, which could cause the symptoms seen in both dogs, Hyde said she kept no anti-freeze in the house and her dogs could not have had access to her car, which she keeps in a garage. tubs (all varieties). There are several varieties of food manufactured by Beneful dog food. My cat was eating Fancy Feast and my dog was eating Little Cesars – both by Purina – though Purina never admitted their problem. ", The day after NBC News and other organizations reported on the lawsuit, Purina published an extensive statement and Q-and-A on their website denying the claims and saying that Beneful is safe for owners to feed their pets. I have four dogs and one of them started having diarrhea, vomit, not eating, very lethargic, blood in stool. Beneful looks like rice carrots and weeds with 1/2 meat and very runny with a greenish tint. The new formula also uses beef tallow preserved with mixed tocopherols as a fat source so it’s a named animal fat. And this went on for several days and trips to vet. With so many recalls and complaints about various pet foods these days, it isn’t easy to know where to turn. Beneful IncrediBites Chicken Dog Food $13.99. I am ashamed to have been a dog lover my entire life and still made this dreadful mistake. This food has 347 kcal/cup. Beneful is currently facing another class action suit which alleges that the food was harmful to dogs. Her dog was on Beneful. After their examination they believed he was suffering from some sort of stomach lining irritation and kept him overnight. I have always used Beneful from puppy to adult hood but never again. Beneful Originals With Real Salmon is AAFCO-approved as a maintenance dog food. On our walk today my Tervuren vomited twice, then again when we got back in the living room, and I noticed she vomited in the backyard before our walk. The only thing worse than Beneful is feeding Kibbles n Bits, or garbage from the trash can. 250. She was drinking way more than usual, stopped eating and was vomiting. Have been feeding my dog the wet three can packages. I have joined the class action lawsuit. "You could see her spine and ribs. All eight Beneful dry dog foods have new recipes: Originals with Real Beef; Originals with Real Chicken; Originals with Real Salmon*; Incredibites with Real Beef; Incredibites with Real Chicken; Healthy Weight; Healthy Puppy; and Playful Life. You may not be seeing symptoms now but I would not wait for this to happen to your dog. 4 out of 5 stars with 12061 reviews. But my parents don't. This all makes sense now. The food also contains turkey by-product meal later in the ingredient list which would be similar to chicken by-product meal and also provide protein. should i switch to another? They both drink a huge amount of water. *The Originals with Real Salmon formula will follow with real salmon as the first ingredient in 2017. A higher percentage of fiber may help your dog feel full even though he is eating fewer calories. Beneful. I am going to find a lab to test the food. Beneful. More than 14 million dogs eat the food annually, according to the company, using Nielsen marketing numbers. The only thing that stood out was they both had their dog on Beneful dog food. The dry kibble variations named in the suit include Purina Beneful Healthy Weight, Purina Beneful Original, Purina Beneful Incredibites, and Purina Beneful Healthy Growth For Puppies, Purina Beneful Healthy Smile, Purina Beneful Healthy Fiesta, Purina Beneful Healthy Radiance, and Purina Beneful Playful Life. Propylene glycol has been removed from the formula. Never again will I use anything made by Purina!! Other pet food brands made by Nestle Purina include Purina Pro Plan, Purina Dog Chow, Friskies, and Purina ONE. My Mal- Shih is on Beneful and has been sick 3 times where he wouldn’t eat or drink anything for over 24 hours. Purina Beneful Healthy Weight with Real Chicken Dry Dog Food. It appears that they are like other American Corporations – greedy S.O.B.s. WENT TO GET MY DOG, SMALL CHIHUAHUA, BENEFUL, THE RECTANGULAR TRAY OF SOFT FOOD AND PETSMARTS SHELVES WERE EMPTY, NO NOTICE, NOTHING, ASKED IF THERE WAS A RECALL THE MANAGER SAID YES, I’M NOW DONE WITH ALL PETIGREE PRODUCTS.MY DOG IS MY WORLD AND YOU DON’T EVEN LET PET OWNERS KNOW THERE IS A PROBLEM? Purina says it actively tests for mycotoxins and any incoming grain is accessed for quality and safety. Covington resident Lee Whalen fed her dog, Toby, Beneful from 2008 to 2012. I guess the news is starting to be heard in Central Texas now. She’s really not been wanting to eat lately.Diarrhea throwing up.Just down and out.I’m so mad about this I too found out because the shelfs were empty I asked and they told me.I’m beyond mad it’s like my child was poisoned. Blue Buffalo Homestyle Recipe Healthy Weight. I have no issues with the wet food. What was recalled:The following wet dog food brands with both a “Best Before” date range of June 2017 to August 2017 and production code range starting with the first 4 digits of 5363 to 6054: 1. The old formula has 353 kcal/cup as opposed to 366 kcal/cup in the new formula. This is a modestly priced food with real meat as the first ingredient. The IncrediBites formulas are made for small dogs. Small dogs typically use more calories per pound than medium and large dogs. I’ve fed my dogs on Beneful for a long time. He added that pet owners should save any remaining food for testing and consult Purina as well as the FDA directly.

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18. Except as specifically otherwise agreed in writing the Hirer shall fill the hire item(s) within the period of hire as specified by the Provider and shall inform Skipandwaste.com in good time of its readiness for collection or replacement. The Hirer shall ensure that, from the time when collection of the hire item(s) is due to take place until the same is collected, there is left a clear space at one end of the container to terminate the hiring of the hire item(s) the minimum notice period shall be one clear working day.

19. The Provider may arrange the removal or repositioning of the hire item(s) if required at any time to do so by a highway authority or constable in uniform under Section 140 of the Highway Act 1980. The Hirer shall be responsible for the reasonable additional cost thereof on the part of the Provider or Supplier.

20. It is the responsibility of the hirer’s representative on site to keep the hirer’s copy of the ‘Proof of
Delivery’ ticket. Any copies required at a later date will be subject to a £30 administration charge.

21. Except as specifically otherwise agreed in writing, the Provider agrees to dispose of the contents of the hire item(s) as shall be in accordance with the terms of the contract. The Hirer agrees that they will pay the Provider’s reasonable charges of dealing with any of the contents of any hire item(s) which do not comply with the terms of this contract.

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.