missa pange lingua language

28/02/2021

BACK

The favouring of motet over mass can be traced back to the work of A. W. Ambros in the 1860s; see The fifth and final Vatican source, VatSM 26, was probably used at Santa Maria Maggiore and may have been copied by a scribe from the French region.Footnote Google Scholar. 84–106. Given this disparity in liturgical and theological knowledge, it may seem that the controversial contexts of the Missa Pange lingua would not be significant in the greater picture of the Reformation, but quite the opposite is true for this particular mass. The six manuscript sources are concretely linked to Lutherans and date from approximately 1550, about a decade after the publication of Missae tredecim, when liturgical practices of many Lutheran communities began to crystallise (Table 5). Pange Lingua “Sing, my tongue.” First a hymn by Thomas Aquinas, later the inspiration for Josquin’s Missa Pange Lingua. 32 Google Scholar. Upon the arrival of the Reformation, town councils rather than individuals were charged with the upkeep and administration of a church. Whereas Rhau accepted the Missa Pange lingua and other potentially polemical Catholic works for aesthetic and educational reasons, the final Missa Pange lingua source addressed in this study reveals an intimate engagement with the borrowed Corpus Christi melody. The Nuremberg Lutherans also could have obtained a copy of the Missa Pange lingua from Wittenberg, as it is one of eight Missae tredecim masses preserved among the Electoral Library choirbooks. The Lutheran interest in the Missa Pange lingua caused the mass to be distributed more widely and resulted in new performance contexts that were liturgical, pedagogical and recreational. 113 However, the dominance of vernacular liturgical music in Nuremberg would not last for long – it could not, given the positive stance on Latin sacred music taken by both Luther and Philipp Melanchthon, who were influential in shaping Lutheran practices in Nuremberg.Footnote My Library. Fox, ‘A Liturgical-Repertorial Study of Renaissance Polyphony in Bártfa Mus. 97–102 Publication London : Decca, [1992] Physical description 1 online resource (1 sound file). Background [edit | edit source]. 39 Google Scholar. The Pange lingua hymn itself is also intrinsically Catholic: Thomas Aquinas (1225–74) used the incipit and melody of an earlier hymn by Venantius Fortunatus (c. 535–610) to create a Vespers hymn for Corpus Christi.Footnote 24r); A-Gu, MSS 114 (fol. The fraction was originally an Eastern practice that symbolised the Passion and death of Christ, a meaning held in the Western church as well.Footnote 48 HMC 901239; CD). 922), but that is probably due to the presence of a second ‘mass of the venerable sacrament’, Hotinet Barra’s Missa Ecce panis angelorum, in the manuscript. 42 67 Gustavson, ‘Hans Ott’, pp. 220–1. [4] In 1885 he asked Bruckner for a composition to be included in Musica sacra (Regensburg), the movement's journal, in which he issued a transcription of the motet. and continue singing the hymn text and melody for their own devotional and pedagogical purposes, but the hymn acquired further problematic contextual overtones when fused with the text of the Mass Ordinary. In some instances, Lutherans may have abbreviated the Latin Creed if it directly preceded the performance of the entire German Creed. These partbooks were lost during the Second World War. He amassed a considerable collection of this music, which is now part of the diocesan library in Regensburg. An entry in the ducal library catalogue indicates that these ‘Rostock 71’ partbooks were in the possession of Duke Johann Albrecht I, an advocate for both Lutheranism and music.Footnote Recent literature on these sources includes M. B. Franz Xaver Witt was a leader of the Cecilian Movement, aiming to restore Catholic church music "to the purity and comparative simplicity of the Palestrinian style". Reformation studies focused on imagery and ritual consistently demonstrate that aesthetics was only one of many factors when reformers decided whether a Catholic object or ritual should be retained or abandoned.Footnote 16 The differences between LeipU 49/50 and Missae tredecim seem to be the result of hurried or careless copying; in addition to a few stray variants, several brief passages are omitted in each voice.Footnote How many ways can the tongue sing? 553–575 O. 433–435 Roper, L., Martin Luther: Renegade and Prophet (London, 2016), esp. Osthoff (Josquin Desprez, p. 90) coined the term ‘German Josquin Renaissance’ to describe the unprecedented popularity of Josquin compositions in the Germanic region in the mid- to late sixteenth century. These are not significant alterations to the mass, but they strongly suggest that the Missa Pange lingua was performed from the print somewhere by Lutherans, even if it was only in music classrooms. NJE 4 3 (latin) Editions de "Missa Pange lingua. 68, Table 3 Missae tredecim contents and handwritten markings in extant copies, The Missa Pange lingua also appears in more extant post-1540 manuscripts than any of the other twelve masses in Missae tredecim (Table 4). SATB Choir and Piano sheet music book by Josquin des Prez (1440-1521): Chester Music at Sheet Music Plus. RosU 71/3 is one of five worn, utilitarian sets of paper partbooks held at the Rostock Universitätsbibliothek with the shelfmark 71 (Table 6).Footnote In the final Agnus Dei of the Missa Pange lingua, the entire text is written by hand underneath the notes (Figure 4), a few notes are corrected in the cadence of the final Agnus of the Missa O gloriosa, and there is one annotation that suggests liturgical use: the Credo of the Missa Sub tuum praesidium contains a handwritten caesura after the phrase ‘descendit de coelis’ in each partbook (Figure 5). Moreover, Ott seems to have consulted manuscripts rather than printed exemplars when editing Missae tredecim, which could account for the lack of a direct relationship due to inevitable variants that occur as a result of the transfer from manuscript to print.Footnote 50 1143, which dates from the late thirteenth or early fourteenth century and contains a complete version of the Corpus Christi Office. Missa Pange Lingua Missa Pange Lingua DES PRES, J - Kalmus Classic Editions view details. Hälfte des 17. The New Josquin Edition was the primary modern edition consulted for this study. 78–9. Thus, it is reasonable to believe that Reformers educated in Wittenberg might have adopted Rhau’s sentiments towards music and accepted the older Latin repertory without reservation. 66 He notes that the cover bears the year 1545, and that half of the page CC2 is torn off. ), The Burgundian-Habsburg Court Complex of Music Manuscripts (1500–1535) and the Workshop of Petrus Alamire (Leuven and Neerpelt, 2003), p. 114 The ritual and theological contexts of the Missa Pange lingua reveal a blurred but indeed distinct border between the Catholic and Lutheran confessions. Sung in Hungarian and Latin. MS 31386, fol. Pange lingua (Tell, my tongue), WAB 33, is a sacred motet composed by Anton Bruckner in 1868. 44 See In addition to the Magnificat Octo Tonorum, Schlagel names Senfl’s Liber selectarum cantionum and sources that were ‘very closely’ related to the Bavarian court, as were also two of Ott’s sources for the motets found in Novum et insigne opus musicum.Footnote As a language acquisition researcher, I want to learn how people can learn new ways of communication, new tongues. Fortuna D'un Gran Temps 9. The Elevation of the Host became the highlight of every Mass, and people began reporting Eucharistic miracles such as bleeding and inexplicably mobile Hosts. Schwerin als Residenzstadt im 16. Ann McKee, Elsie, ‘Reforming Popular Piety in Sixteenth-Century Strasbourg: Katharina Schütz Zell and her Hymnbook’, Studies in Reformed Theology and History, 2/4 (Fall 1994), esp. Jahrhunderts, ed. Rhau was aware that some of the hymns in Sacrorum hymnorum conflicted with Lutheran beliefs and liturgical practices. 27 See also ), Occo Codex (Brussels, Royal Library Albert I, Ms. IV 922), Facsimilia Musica Neerlandica, 1 (Buren, 1979); Huys, ‘An Unknown Alamire-Choirbook (‘Occo Codex’) Recently Acquired by the Royal Library of Belgium’, Tijdschrift van de Vereniging voor Nederlandse Muziekgeschiedenis, 24 (1974), pp. 41–95 Tallis Vocalis Josquin The Master [Part 5] Josquin des Prez: Missa Pange lingua Edward Wickham, conductor 20 May 2017 St. Andrew's Church, Hong… Published by Chester Music. 290–2; and Haar, ‘Josquin as Interpreted by a Sixteenth-Century Musician’. Throughout her recent biography of Luther, Lyndal Roper emphasises Luther’s belief in the Real Presence; see WA 19, pp. 95–6, for more information on the use and intention of the Enchirdion hymnals. Featured peformers: Ensemble Clément Janequin (ensemble), Ensemble … He lost his Regensburg citizenship in 1524 (due to a crackdown on book publishers in the city in order to hinder the Reformation) and moved to Nuremberg, where he worked as a bookseller on the Herrnmarkt from 1525 until his death in 1546. For more on Zwingli’s Eucharistic theology, see pp. Agnus 6. 59 Four of the five Vatican Missa Pange lingua sources are associated with a member of the Medici family. Herl, J., Worship Wars in Early Lutheranism: Choir, Congregation, and Three Centuries of Conflict (Oxford, 2004), pp. Google Scholar. B. Haggh, ‘Music, Liturgy, and Ceremony in Brussels, 1350–1500’ (Ph.D. Kinghorn, A. M., ‘The Swan in Legend and Literature’, Neophilologus, 78 (1994), pp. Google Scholar. 13 pp. Upon seeing the consecrated Host carried by his mentor Johann Staupitz, Luther was overcome by a vision of Christ as judge, an image that would permeate his thoughts and provoke questions concerning such phenomena as the achievement of salvation by grace or works.Footnote La Messe Pange Lingua, écrite vers 1515, est une oeuvre charnière entre deux époques. An elaborate fantasy on the hymn, the mass is one of the composer's last works and has been dated to the period from 1515 to 1521, since it was not included by Petrucci in his 1514 collection of Josquin's masses, and was published posthumously. Rosenthal, Katalog 86: Alte Musik 1500–1850, p. 51. 117 Witt modified the alto part without Bruckner's agreement,[5] removing "some of the work's more daring harmonies". Genres: Renaissance Music, Choral, Polyphonic Chant, Christian Liturgical Music. Simply gazing at a consecrated Host became immensely popular and resulted in the development of Benediction services, periods of adoration during which a Host was displayed in a monstrance, and outdoor processions with a Host.Footnote Sacrorum hymnorum also contains music for five Marian feasts and feasts of non-biblical saints. Add to cart to check availability and for more information. Likewise, the fifth stanza concludes with the line ‘praestet fides supplementum, sensuum defectui’. In fact, the Eucharist became a powerful rhetorical device for the Counter-Reformation effort of the Catholic Church; Alexander Fisher referred to the Eucharist as ‘arguably the most powerful and controversial symbol in the Catholic arsenal’.Footnote . Featured peformers: Ensemble Clément Janequin (ensemble), Ensemble Organum (ensemble), … Cohen, S., Animals Disguised as Symbols in Renaissance Art (Leiden, 2008), p. 48 NJE 4 3 Josquin Des Prés (145.-1521) Langue : Latin Genre ou forme de l’œuvre : Œuvres musicales Domaines : Musique Autres formes du titre : Messe Pange lingua. and trans. For their crucial comments and feedback, I thank Peter Bennett, Franz Körndle, Susan McClary and Laura Youens. 22 31 104–5. Moreover, a German version of the hymn, Mein Zung erkling und frölich sing, appeared in multiple editions of hymnals titled Enchiridion. 71 20 46 [PDF] + Video - Choeur SATB a cappella - Religieux - Eglise * Licence CPDL Licence - Language: Latin ... 3 partitions trouvées pour "Missa Pange Lingua" Détails. The idea of a joyful feast dedicated to the Eucharist, as opposed to the sombre commemoration of the Last Supper on Holy Thursday, spread throughout Europe, and in 1389 Pope Urban VI placed Corpus Christi on the same level as Christmas, Easter, Pentecost and the Assumption by granting indulgences and suspending interdicts on the feast day.Footnote 773 (C 100) von Johann Buchmayer in der Proske-Bibliothek zu Regensburg: Ein Beitrag zur Geschichte der Vokalpolyphonie in Deutschland um 1560’, Bericht über den Internationalen Musikwissenschaftlichen Kongress, Bayreuth 1981 (Kassel, 1984), pp. 97–126 Anton Bruckner - Pange lingua et tantum ergo.jpg 4,357 × 3,352; 4.82 MB. diss., Yale University, 2004), pp. Other Missae tredecim copies that were probably used in Lutheran schools include the Heilbronn, Rostock and Zwickau exemplars, along with a documented copy from the Thomaskirche in Leipzig that is currently lost.Footnote Due to the borrowed melody in Josquin’s Missa Pange lingua, the existing literature on this work associates it with the Catholic liturgical context of that melody: Corpus Christi, Eucharistic votive masses and other forms of devotion to the Blessed Sacrament.Footnote 136–7. Spicer, A. Senfl had access to at least one copy of the Missa Pange lingua with MunBS 510, the unfinished choirbook for Cardinal Lang.Footnote Google Scholar. CrossRefGoogle Scholar. An elaborate fantasy on the hymn, the mass is one of the composer's last works and has been dated to the period from 1515 to 1521, since it was not included by Petrucci in his 1514 collection of Josquin's masses, and was published posthumously. Impelluso, L., Nature and its Symbols, trans. The intention of this study is not to de-emphasise the connection between the Missa Pange lingua and its borrowed melody or the initial Catholic identity of the mass. 20 Ibid., pp. 15 "newCiteModal": false, F. A. Brunner, rev. It is considered as one of the finest examples of a ‘paraphrase mass’, with much of its melodic material drawn from the source hymn in a tightly knit, formal and elegant structure. How, then, did Ott obtain the repertory published in Missae tredecim and his other volumes of Latin polyphony? The first part of the fourth stanza would have been the most objectionable to Martin Luther and his followers because it references transubstantiation in the first two lines.Footnote 2r. 67, Lutheran owners of the Missae tredecim had the opportunity to perform the Missa Pange lingua, but they were not obligated to act on that opportunity. While studying in Wittenberg and working as Luther’s secretary, Dietrich wrote a letter to Baumgartner asking if he would persuade Senfl to send his Missa Nisi Dominus to Luther: Senfl must have promised to send Luther this mass but had not yet done so. Moreover, in a Mass Ordinary setting, the final Agnus typically contains a unique feature that unifies the entire work or provides a contextual commentary. For examples, see Duke Johann Albrecht made a special effort to ensure that his court had high-quality music, which is evidenced by the number of foreign musicians he employed. 284 (fol. Gustavson (p. 747) suggests Lutheran Saxony as a provenance for this collection of music books due to a handwritten reference to Elector Augustus of Saxony in a Novum et insigne opus musicum exemplar from Scheurleer’s collection. R. A. Harrisville (Minneapolis, 1999), pp. Jahrhundert’, in Schriften zur Stadt-und Regionalgeschichte, 3 (Schwerin, 1995), p. 131 Given that Sacrorum hymnorum was published three years before Bicinia gallica, Rhau probably held this attitude towards similar pieces with controversial liturgical and theological topics found in these other publications, although presenting the pieces as contrafacta as he did in Bicinia gallica masks their original identities and associated liturgical functions.Footnote It is dedicated to the cardinal Matthäus Lang von Wellenburg (1469–1540), whose portrait and coat of arms on the opening folios are only sketched. 98 ), The Burgundian-Habsburg Court Complex, pp. Many Slovaks interested in Lutheranism studied in Wittenberg, including Leonard Stöckel from Bardejov, who returned there to organise a Latin school and lead Reformation efforts in the surrounding area; see Part I of Fox, ‘A Liturgical-Repertorial Study’ for a detailed description of the Lutheran Reformation in Slovakia and Stöckel’s career. Title Composer Gregorian Chant: I-Catalogue Number I-Cat. Allende-Blin, J., ‘Beobachtungen über die “Missa Pange lingua”’, in H. K. Metzger and R. Riehn (eds. Of his 18 reliably attributed masses, the Missa Pange lingua deserves its high popularity, both for the beauty of individual moments, as well as for the elegance of its formal design. ), Studies in the Performance of Late-Medieval Music (Cambridge, 1983), pp. 30 An English translation and discussion of the letter is in Text is written into the final Agnus Dei in the copies from Kassel, Vienna, and RegB C 62a. 383–94; and As a composition associated with Corpus Christi and Eucharistic veneration, the Missa Pange lingua initially appears to have had almost no place in Lutheran devotional life and represents one of the most polemical issues of the Reformation. gr. Duet sections from the Missa Pange lingua are included in a bicinia collection compiled by Georg Rhau (1488–1548), a printer based in Wittenberg who published the bicinia and numerous other music publications for Lutheran churches and schools. Bernstein, J. Cited in Müller-Blattau, ‘Die musikalischen Schätze’, pp. 89r (sixteenth century, Abbey of St. Lambrecht in Austria); GB-Lbl, Add. The church administrator, or Kirchenpfleger, however, was responsible for carrying out policies, dealing with personnel and handling any related problems as they arose. Although Mein Zung erkling did not become one of the canonical Lutheran chorales later set by Johann Sebastian Bach, it circulated in these popular vernacular hymn collections. In the critical commentaries for the NJE (4, p. 78) and online Occo Codex edition, the editors do not discuss potential relationships between Missae tredecim and earlier manuscripts other than observing that the print contains a large number of variants. Most likely his last mass, it is an extended fantasia on the Pange Lingua hymn, and is one of Josquin's most famous mass settings. Wright, C., ‘Dufay’s Motet Balsamus et munda cera and the Papal Ceremony of the Agnus Dei’, in J. Haines and R. Rosenfeld (eds. See Fidelis Butsch, Catalog einer Sammlung seltener Notendrucke des XVI. ‘Ego huic festo bin nit gut, quod sacramentum wirt boslich gehandlet et ignomia magna datur.’ WA 11, p. 125. Only the discantus and bassus partbooks survive, and neither partbook contains any distinct handwritten annotations. more than a rudimentary knowledge of music’. Google Scholar. In sixteenth-century Germany, both Catholics and Lutherans circulated and performed Josquin’s Missa Pange lingua, even though its model, the hymn Pange lingua, was associated with Eucharistic practices that were exclusively Catholic. 2 Qt 31. German translations of Pange lingua date from before the Reformation; see 9–15 The Missa Pange lingua is also accompanied by Eucharistic iconography in all three manuscripts: a monstrance and chalice in the Occo Codex, an angel holding a monstrance in JenaU 21 (Figure 1), and a monstrance on an altar in VienNB 4809 (Figure 2). 38 261–78; ), Papal Music and Musicians in Late Medieval and Renaissance Rome (Oxford, 1998), p. 228 Ott first appears in extant records as a bookseller in Regensburg from 1516. Rhau, Sacrorum Hymnorum, preface. Walters, B., V. Corrigan and P. T. Ricketts, Feast of Corpus Christi (University Park, Pa., 2006), pp. Meaning of pange lingua. 67–109 255–6. 108 163–8. 92–96 pp. 56 The Missa Pange lingua is considered … View all Google Scholar citations The most comprehensive collection of edited Kirchenordnungen is the series Emil Sehling began over a century ago, Die Evangelische Kirchenordnungen des XVI. A closer examination of the handwritten annotations in conjunction with the provenances of two Missae tredecim exemplars held at the Kassel Universitätsbibliothek and the Heilbronn Stadtarchiv provides convincing evidence that Lutherans used the masses in this print – including the Missa Pange lingua – for both liturgical and pedagogical purposes. ), Rome in the Renaissance, the City and the Myth (Binghamton, 1982), p. 253 CrossRefGoogle Scholar, at pp. [2] Bruckner heard his work only twenty years later. . In both the preface and the dedicatory letter to the Lutheran town of Joachimsthal, he states that some of the hymn texts contain false doctrine and explains that he included the questionable hymns in his collection because of their aesthetic and educational value.Footnote What does pange lingua mean? 105 72 Languages: Greek, Latin Instruments: A cappella . RosU 71/5 is by far the most difficult partbook set to evaluate since only a few pages of one partbook survive. In his study of the Confessio Augustana edition from the Ronneburg, Josef Benzing briefly mentions the various images in the Ronneburg mass prints and states it is probable that the swan image was originally printed in a ‘Volksbuch’ or fairy-tale book.Footnote 792–6, and Ute Omonsky, Untersuchungen zur Musiksammelhandschrift signatur N. 22 aus dem Pfarrarchiv Neustadt (Orla): Ein Beitrag zur Musikgeschichte Thüringens der 1. Fallows (Josquin, p. 323) refers to the idea of Josquin not composing Missa Pange lingua as ‘absurd’. 55 Given Senfl’s involvement with all other Latin polyphony collections published by Ott, it is plausible that he also supplied at least a few of the thirteen masses in Missae tredecim. "metricsAbstractViews": false, Although this print plays a significant role in the German circulation of the Missa Pange lingua, the lack of early printed sources – particularly from Petrucci and Andrea Antico – implies a different circulation pattern from other Josquin masses. Level. This exemplar, BrusBR Fétis 1783, once belonged to Martin Luther and is signed by Veit Dietrich; see Missa Pange Lingua Chorale SATB SATB, Piano Chester. (Posted 2019-06-03) CPDL #54460: (PDF) 1. . 86 940/41 der Proske-Bibliothek zu Regensburg (Kassel, 1953), pp. Four manuscripts (LeipU 49/50, RosU 49, RosU 71/3, BudOS MS 8) contain the purely functional polyphonic Preface responses similar to those found in the Heilbronn Missae tredecim. Mathiesen, T. J., ‘The Office of the New Feast of Corpus Christi in the Regimen Animarum at Brigham Young University’, Journal of Musicology, 2 (1983), pp. Kirkman, A., The Cultural Life of the Early Polyphonic Mass: Medieval Context to Modern Revival (Cambridge, 2010), p. 6 Period: Renaissance. Lutherans wanted to silence the context of Pange lingua rather than the text and melody. Thus it has a familiarity that makes the hearing of a truly polished performance all the more thrilling. Ms. f. 22, fol. 51v (fifteenth century, owned by St. Nicolas de Brauweiler) and MS 1163, fol. Ott’s wife, Elsbet, published the first volume of Mass Propers in 1550 before selling the other two volumes to the Augsburg bookseller Georg Willer. Judd, C. C., Reading Renaissance Music Theory: Hearing with the Eyes (Cambridge, 2000)Google Scholar. For more on the confessional implications of processions with an emphasis on Corpus Christi, see chapter 5 of Fisher’s other book, Music and Religious Identity in Counter-Reformation Augsburg, 1580–1630 (Burlington, Vt., 2004). In the tenor partbook, the Josquin misattribution of the Missa Sub tuum praesidium is corrected with ‘petri de la rue’ written in black ink, a vertical line crosses out an extra ‘i’ in the word ‘tollis’ in the discantus part of the Missa Salva nos Gloria, and there is a clef correction at the beginning of the first Agnus Dei of the Missa L’homme armé in the contratenor part. Google Scholar; W. Kirsch, ‘Josquin’s Motets in the German Tradition’, in Josquin des Prez: Proceedings of the International Josquin Festival-Conference, ed. 34 J. M. Raich (Mainz, 1902), 392–393 After returning to Wittenberg from the Wartburg Castle in 1522, Luther strongly criticised Corpus Christi and its procession, which undoubtedly led to the omission of Corpus Christi in Wittenberg beginning in 1524. W. Elders, NJE 4. Google Scholar. 58 My comparison of Missae tredecim and RosU 71/3 revealed enough discrepancies to hesitate connecting the two sources directly. Google Scholar. In addition to the two copies sold to Carl Proske, Butsch listed the contratenor and bassus Missae tredecim partbooks for sale in 1846, but no other trace of these partbooks has surfaced – there are no known exemplars that consist of only these two partbooks. He believes these partbooks may still resurface with further inquiry. 48 Josquin’s Missa l’homme armé super voces musicales appears in RegB C 100 and Isaac’s Missa Salva nos appears in Brno 15/4. Déploration De Johannes Okeghem 8. Planchart, A. E., ‘Parts with Words and without Words: The Evidence for Multiple Texts in Fifteenth-Century Masses’, in Stanley Boorman (ed. The opening pieces of RosU 71/1, 71/2 and 71/4 correspond precisely with the second and fourth manuscript descriptions in the catalogue. 77 Google Scholar. * Views captured on Cambridge Core between 12th September 2017 - 27th February 2021. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. In his extensive study of the Nuremberg Lutheran liturgy, Bartlett Butler states that there is no direct evidence for the use of liturgical polyphony in Nuremberg between 1525 and 1535 in the liturgical and Council documents that he examined. 24 In addition we are given six motets - not among the most familiar of Josquin’s works and therefore all the more welcome here - as well as two renditions of the original ‘Pange Lingua’ hymn, which are useful inclusions in helping us … This exemplar contains several practical handwritten annotations that were intended to aid singers during a rehearsal or church service.Footnote ’, Tijdschrift van de Koninklijke Vereniging voor Nederlandse Muziekgeschiedenis, 56 (2006), pp. Josquin des Prez (c1450/55-1521)? 45 A very few faint surface scratches - no cuts or gouges. See Vocal notation. Gaehtgens, W. T., ‘Die alten Musikalien der Universitätsbibliothek und die Kirchenmusik in Alt-Rostock’, Beiträge zur Geschichte der Stadt Rostock, 22 (1940–1), pp. A second exception occurred in Fraustadt near the Polish/Silesian boarder, where Lutherans voluntarily celebrated Corpus Christi in order not to offend their ‘neighbors’; see 81 Had the Missa Pange lingua not appeared in Missae tredecim and experienced a ‘Renaissance’ in the early Lutheran church, its life in the twentieth century might have been very different. 80 Inclusion in Ott’s print allowed the Missa Pange lingua to become part of the German Josquin Renaissance; furthermore, the mass experienced its own rebirth within that larger phenomenon. By tracing the mass through extant sources from its initial circulation among Catholics to a solidified place in the Latin repertory of the Lutheran church, I will argue that this mass, previously confined to its Catholic roots and performance context in musicological studies, should also be considered a Lutheran work. The Missa Pange lingua duets, like other works in the collection, appear as contrafacta: the Pleni sunt section is entitled Quis separabit nos and contains text from Romans 8 (35; 38–9), while the Agnus II is entitled Exaudi Domine and contains text from Psalm 26 (7, 9, 11, 14).Footnote For general information on Luther’s beliefs regarding the Eucharist, see 226–7. The second and third verses follow with a description of Christ’s life from his birth to the Last Supper, an appropriate event to highlight in a Eucharistic hymn. The Missae tredecim allowed the work to cross a confessional boundary and acquire new performance contexts in early Lutheran communities, where both seasoned aristocrats and young school children could experience the mass. The wide circulation of Enchiridion hymnals exposed the general Lutheran population to at least some version of Pange lingua, even if the people were not educated enough to understand the complex and polemical Eucharistic theologies, or were not old enough to remember Corpus Christi processions and other Catholic rituals involving Pange lingua and the Eucharist. 80–97, at 83–5Google Scholar. $13.95 - Voir plus => Acheter … The annotations in the Missa Pange lingua are similar to those found in other masses and suggest a practical, perhaps pedagogical use for the partbooks. 83 The Missa Pange lingua is a musical setting of the Ordinary of the Mass by Franco-Flemish composer Josquin des Prez, probably dating from around 1515, near the end of his life.Most likely his last mass, it is an extended fantasia on the Pange Lingua hymn, and is one of Josquin's most famous mass settings. Heyden defines resoluta in his 1540 treatise De Arte Canendi as the transcription of complex note values into another colloquial, more familiar form; see Heyden, De arte canendi, Monuments of Music and Music Literature in Facsimile, II/139 (New York, 1969), pp. 6 (a-d), National Széchényi Library, Budapest’ (Ph.D. 8 Although the five Rostock 71 partbook sets are not specified in Krüger’s index of music manuscripts from the ducal library catalogue, Ole Kongsted includes them in a list of music manuscripts belonging to the ducal court; see Krüger, Die Bibliothek, p. 2059, and

Aac Suppressor Adapters, When A Sociopath Wants You Back, Fighting Gold Guitar Tab, Haikyuu Fanfiction Protective Of Yachi, 73-87 Short Bed Conversion Kit, Golf Cart Rentals Chincoteague, Bbtac Airsoft Sniper Rifle M62, What Does Enable Mean, Mit Ea Decision Date 2020, Sterek Stiles Finds A Baby Fanfiction Net, Dr Scholl's Foot Powder Side Effects, Oreck Xl Pro 5 Replacement Hose,

In these conditions

“The provider” means the agent appointed by Skipandwaste.com to deliver, exchange, or collect the hire item(s).

“The supplier” means where the context so permits, Skipandwaste.com or Skipandwaste.com’s duly
authorised agent or subcontractor.

“The hirer” means the person or company requesting provision of hire item(s) by Skipandwaste.com.

“The supply coordination” means the service Skipandwaste.com are offering to the Provider by way of coordinating the service of introducing the Hirer to the Provider, and co-ordinating the service of facilitating the disposal of waste by the Provider for the Hirer.

“The service” means the arrangement and coordination of the supply of hire item(s) by the Provider, its employees, servants, agents or subcontractors for the period of hire to facilitate the certificated and documented removal of refuse on behalf of the Hirer and the subsequent certificated and documented disposal of the contents of such hire item(s) or hire item(s) on behalf of the Hirer.

“The hire item(s)” means any hire item(s) or any other hire item(s) provided as part of the service.

“The site” means the place where the hire item(s) is deposited at the request or direction of the hirer.

“The period of hire” means the period from delivery of the hire item(s) to the hirer, to collection thereof, from the hirer or such time as collection thereof ought reasonably to have been completed by the supplier.

“Working day” shall mean Monday to Friday in any week.

“Force Majeure” means any circumstances beyond the reasonable control of either the provider or the supplier (including, without limitation thereto, any strike, lockout or other form of industrial action, accident, unprecedented locally inclement weather, difficulties in obtaining fuel parts or machinery, power failure or breakdown, or malfunction of machinery or computers.

In consideration of the provider extending credit to the hirer as named, the person signing this form hereby guarantees payment to the provider of all outstanding monies including amounts owed in excess of credit limit and any interest applicable.

Terms & Conditions for Commercial Hire

1. These conditions shall apply to all contracts for the supply of the service by Skipandwaste.com to the exclusion of all other terms and conditions and shall apply where the context so permits for the benefit of the supplier and the employees, agents and subcontractors of the provider and the supplier as if they had been parties heretofore.

2. Skipandwaste.com reserves the right to add to, alter or amend, or to the withdrawal of any of these terms or conditions without notice. Any typographical, clerical or other error, or commission in any sales literature, quotation or price list, acceptance of offer, invoice or other document or information issued by Skipandwaste.com shall be subject to correction without any liability on the part of Skipandwaste.com.

3. Any reference in these conditions to a statute or regulation, or provision thereof, shall be construed as a reference to that statute, regulation or provision as amended, re-enacted or extended at the relevant time.

4. All requests for the service shall be deemed to be an offer by the Provider to purchase the services of the supply coordinator Skipandwaste.com pursuant to these conditions and the service is offered subject to the availability of suitable hire item(s) to the provider. The Hirer agrees that they will rely wholly on their own hire item(s) and judgement in the selection of the service and will not treat any information supplied to them by the service coordinator, or Provider, as a representation, warranty or guarantee in any manner whatsoever.

5. No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of Skipandwaste.com and the Hirer.

6. No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of Skipandwaste.com and the Provider.

7.
a) Except as specifically otherwise agreed in writing, the provider or supplier shall be under no obligation to deposit the hire item(s) elsewhere than on a highway.

b) The Hirer agrees in all cases: –
(i) To provide and adequately maintain all necessary approach roads and sites for the purpose of the delivery.
(ii) To rely on their own skill and judgement and to satisfy themselves as to the suitability of all approach roads, tracks, or grounds, for the purposes of delivery, siting and collection of hire item(s) and to notify Skipandwaste.com at the time of ordering the service of any special requirements as to delivery.
(iii) To promptly, on the arrival of the vehicle, accept delivery and provide any necessary directions and a suitable site.
(iv) To ensure that an authorised person is present at the time of delivery to sign an acknowledgement of delivery and or collection of the hire item(s) and that such authority is signed on delivery or collection by such authorised person and not otherwise, and the Hirer agrees that any delivery or collection note signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of the hirer and that where no such person is available to sign such proof of delivery or collection, within the stipulated time nominated by the provider at the time of placing the order, from arrival of the hire item(s) or the vehicle at the site the provider’s written confirmation of delivery shall be final and binding upon the Hirer.

c) The Hirer shall hold harmless and keep Skipandwaste.com indemnified against any claim, demand or penalty arising during the period of hire and which could not have been made had the provider not agreed to provide the service including, but not limited thereto all 3rd party claims, or claims for damages arising out of accidents related to any hire item(s) the subject of this contract.

8. i) The price for the provision of the service shall be such sum as shall from time to time be agreed between the parties and in default of agreement shall be the reasonable value of services (Quantum Meruit) which, unless otherwise agreed, shall be exclusive of VAT which shall be payable by the Hirer.
ii) Except where the Hirer has a previously approved credit account with Skipandwaste.com payment for the provision of the Service shall be made in full by the Hirer to Skipandwaste.com prior to the delivery by Skipandwaste.com of any hire item(s).
iii) Where the Hirer has an approved credit account, Skipandwaste.com shall be entitled to invoice the Hirer immediately for all the services already provided, and those which are pending; the Hirer shall pay the price for the provision of the service to Skipandwaste.com within 30 days of the date of Skipandwaste.com’s invoice. The time of payment of the price shall be of the essence of the Contract.

iv) The Hirer agrees that in the event that the Hirer shall fail to pay Skipandwaste.com’s nominated account in accordance with the terms in effect, Skipandwaste.com shall for such purposes be entitled to enter upon any premises of the Hirer, or any third party from whom waste was collected for such purposes as recovery of goods equivalent to the outstanding element of the contract.
v) Skipandwaste.com reserves the right to grant, refuse, withdraw, restrict, alter or cancel credit terms at its sole discretion. Where the Service is to be supplied over a period of time, each instalment thereof shall be treated as a separate contract and failure by Skipandwaste.com to provide any one or more instalments, shall not entitle the Hirer to treat the contract as a whole as repudiated.
vi) If the Hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Skipandwaste.com, Skipandwaste.com shall be entitled to:
a) Cancel the contract or suspend any further deliveries to the Hirer.
b) Appropriate any payment made by the Hirer to such of the services (or the Services supplied under any other contract between Skipandwaste.com and the Hirer) as Skipandwaste.com may think fit not withstanding any purported appropriation by the Hirer; and
c) charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Nat West bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Hirer shall pay the interest immediately on demand. Skipandwaste.com may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
d) Charge the hirer’s credit and or debit card as listed on the credit card and bank reference form to bring the account back into agreed trading terms.

9. The Hirer shall ensure that the delivery site is prepared for receipt of the hired skip, and where so required to do by the Provider, direct the Driver where to deposit or pick up the hire item(s).
a) Failure by the Hirer to ensure that the site of hire is duly prepared and ready to receive, or have removed as part of the agreed service, the hire item(s) will result in a charge being applied for the amount of £100 or the total cost of the Provider’s wasted journey/visit fee, or whichever is the greater.

10. a) Where Skipandwaste.com or the Driver are requested or directed to deposit or pick up hire item(s) on, or from a site, which is off a highway; or where delivery otherwise involves the passage of the vehicle over gratings, drains, roads, pavements, forecourts, yards, asphalt areas or any like areas, Skipandwaste.com shall be under no liability whatsoever to the Hirer for any damage howsoever caused whilst the vehicle is off the highway. To the fullest extent permitted by the law, Skipandwaste.com shall not be held liable for any negligence or tort on the part of the skip provider. Without prejudice to the generality of Condition 7c) the Hirer shall subject as above, hold harmless and keep Skipandwaste.com indemnified against any claim or demand which could not have been made had the Driver not been so requested or directed. The Hirer will, in addition, compensate Skipandwaste.com or the provider for any damage to the vehicle or the hire item(s) which would not have occurred had the Driver not been so requested or directed and which is not due to any negligence on the part of the Driver.
b) If Skipandwaste.com is prevented for any reason beyond its control from delivering or collecting a hire item(s), the Hirer shall remain liable for Skipandwaste.com’s charges together with such additional sums as the Provider shall reasonably so require for the further provision of the Service.
11. The usual time allowed for depositing or picking up hire item(s) is ten minutes. If the vehicle is kept waiting longer than this after arrival the Hirer shall be liable for reasonable demurrage, as described by the Provider in their terms and conditions of usage.

12. The standard time allowed for a ‘Wait & Load’ is fifteen minutes. If the vehicle is kept waiting longer than this initial time, the hirer shall be liable for a waiting charge as described by the Provider in their terms and conditions of usage.

13. The Hirer shall ensure that all permissions required before the hire item(s) can lawfully be deposited on the site including the permission required under the Highways Act 1971 have been, or will be obtained, before they request the Provider, or direct the Driver to deposit the hire item(s) on the site; and that the said permission will be kept in force during the period of hire and where necessary for up to 3 working days thereafter. The hirer will ensure that all hire item(s) sited on the highways will be lighted and coned in accordance with the terms and conditions of the highways act and the issuing local authority’s demands.

14. The Hirer shall not move the hire item(s) from the site without the consent of the Provider and where necessary the highway authority; and in any case will undertake to notify Skipandwaste.com as soon as is reasonably possible.

15. The Hirer shall ensure:

a) That the Hirer signs a single or multiple consignment transfer note declaring the waste type and that the waste is accurately described when completing the transfer note.

b) Where the waste type does not conform to the description, as specified on the waste transfer note, or is different to that as specified at the time the hire item(s) was ordered, then charges will vary accordingly.

c) Where inert waste loads (soil/hardcore/muck) are ordered and they are found to contain other waste types, in particular mixed builder’s waste materials thus contaminating the load, the hirer will be charged accordingly for the hire tipping charges (typically £82.50 per tonne). In particular the hirer must be aware of the considerable differences in landfill tax rates. Currently £2.50/tonne for inert materials and £82.50/tonne for active waste materials.

d) Where appropriate, waste is only stored in suitable containers.

e) That no liquids, explosives, toxic, or dangerous materials including, but not limited to fibrous asbestos, solvents, minerals or greases will be placed in the hire item(s) without the written consent of the supplier; and that the contents of the hire item(s) when loaded conform to the requirements of S.I.1980/1709 or any re-enactment thereof and the local waste regulation authority with regard omits suitability for disposal as general or special waste as a controlled waste disposal site.

f) If any waste to which the said section applies is placed in any hire item(s) the Hirer will immediately give the notices required by the said section and send copies of such notices to both Skipandwaste.com and the Provider.

g) That no bonded asbestos will be placed, save where the Hirer has given to Skipandwaste.com, a minimum of seven days’ notice of their intentions so to do and obtained the written agreement of Skipandwaste.com and agreed to the charges to be made with regard thereto.

h) No cans, bottles or other liquid containers are placed in the hire item(s) unless they are dry, free from liquid, residues and open for inspection.
i) That no fridges, freezers, vehicle tyres, car/commercial vehicle batteries and any other waste types, which following changes in legislation from time to time may become classified as a special difficult, or hazardous waste type.

16. The Hirer shall ensure from the time that the hire item(s) is deposited until it is picked up again by the Provider/Supplier:-

a) It is properly sited in accordance with any relevant permission and that all conditions thereof are observed and performed at all times.

b) It is properly coned where necessary during the hours of daylight and coned and lighted during the hours of darkness.

c) No fires are lit in, and no corrosive acid or noxious substance, liquid cement or concrete placed in the hire item(s).

d) It is filled no higher than the top of its sides and in such a manner as to prevent spillage of material, both whilst the container is stationary, or in transit. Where hire item(s) are located on public or third party property and waste is accumulated for any reason whatsoever in the immediate proximity of the hire item(s), Skipandwaste.com reserves the right to supply a further hire item(s) to contain the surplus material and to transfer the same to the hire item(s) and to debit the Hirer with the reasonable costs of so doing.

e) It suffers no damage except fair wear and tear. All damage by fire, vandalism or other means, the Hirer will reimburse the Provider all costs for either replacement or repair; unless the Hirer has taken out an insurance policy with Skipandwaste.com, or provides their own insurance to cover all loss and/or damage whilst the hire item(s) are under the Hirer’s care.

f) No danger is caused by the hire item(s) or its contents to any third party and in particular, but without limitation thereto, to children.

g) No unauthorised removal of the hire item(s) shall take place by the hirer or a 3rd party contractor without the prior consent of the provider. The hirer will be debited all reasonable costs incurred in returning the hire item(s), or in cases where the hire item(s) is deemed lost or stolen the hirer will reimburse the Provider in full. Please note that many insurance policies will not cover theft of hire item(s).

17. Notwithstanding the terms of condition 15 it shall be the Hirer’s duty to notify the Provider of, and the Provider’s responsibility to ensure compliance with, any condition imposed by a highway authority relating to the marking of the hire item(s) with reflective paint.

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.