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[67] At the time, the building was expected to rise 1,250 feet (380 m), open in 2018, and contain a hotel on the seventh through twelfth floors. Designed by Adrian Smith + Gordon Gill Architecture, the building rises 1,550 feet (472 m) and is the second-tallest skyscraper in the United States and the Western Hemisphere, the 13th tallest building in the world, the tallest residential building in the world, and the tallest building outside Asia by roof height. [108] The Nordstrom store was the first part of the Central Park Tower to be finished, opening on October 24, 2019. (previous page) () [22][46][50] Interior features include Miele and Sub-Zero appliances, custom cabinetry, and white oak floors. The lowest floors of the building contain a large Nordstrom store, the first in New York City. Minderheitsfraktionen im Senat der Vereinigten Staaten. [130] The falling ice was considered problematic because ice sliding down a flat facade, such as that of Central Park Tower, could reach a maximum speed of 70 miles per hour (110 km/h) from a height of as little as 15 stories. [128][129] Multiple blocks near the building were closed to traffic and pedestrians by the Department of Emergency Management, and the Department of Buildings stopped construction on the building indefinitely. [83] In May 2017, SMI changed the terms for its equity investment, so that Extell could keep looking for a construction loan until the end of 2017. Descended from the 4th Lord Livingston, its members included signers of the United States Declaration of Independence (Philip Livingston) and the United States Constitution (William Livingston). When you upgrade to Crunchbase Pro, you can access unlimited search results, save to custom lists or to Salesforce, and get notified when new companies, people, or deals meet your search criteria. [15] A single-story annex was built for the Lincoln Art Theatre in 1962–1964, and the Goodrich Building became a supermarket in the 1990s before being acquired by Extell in 2006. This list may not reflect recent changes (learn more). [1] The roof is 1,550 feet (470 m) above ground level. [46] As indicated by offering plans in 2017, the cheapest apartment was a $1.5 million studio,[47] while twenty of the largest units were being sold at over $60 million each. Philadelphia Record Photograph Morgue Collection V07 ( Bulk, 1920-1945 ) circa 1900-1947 The family proposed a $4.75 million settlement, but Extell initially refused. [1] These elevators, developed by Otis Worldwide, travel 2,000 feet per minute (610 m/min). [19][50], There is also a three-floor private club named "The 100th Floor" near the building's apex, marketed as the highest private club in the world. [19] The average apartment spans 5,000 square feet (460 m2). A landscaped terrace designed by HMWhite contains an 60-foot (18 m) outdoor pool with pergolas and trellises, a central lawn, and two gardens. [19][20][21] WSP Global was the structural engineer for the project, while Lendlease was the main contractor. [27], The facade of Central Park Tower was designed by James Carpenter Design Associates and Permasteelisa Group. [8][9] There was also an 8-story building at 225 West 57th Street,[10][11] which contained the Stoddard-Dayton showroom. According to the lawsuit, materials distributed by the League's leadership indicated that abstaining from voting would count the same as a "no" vote which allegedly led many members not to vote on the issue. [42][103][104] While Barnett did not disclose sales numbers, he said that half of the buyers would be "English speakers" and the other half would be foreign buyers. Der Senate Majority Leader und der Senate Minority Leader sind Senatoren im Senat der Vereinigten Staaten und die beiden Sprecher der Mehrheits- bzw. The new mortgage allowed Extell to repay a $250 million loan from HSBC on the site's existing properties. This category has the following 23 subcategories, out of 23 total. [120] At the same meeting, Extell revealed a revised design which would rise 1,423 feet (434 m) tall. [76], Extell took out a $300 million mortgage from The Blackstone Group on the land in mid-2012. [1][23][24] This makes Central Park Tower the tallest primarily residential building in the world; the much taller Burj Khalifa has 900 residential units, but is mixed-use. [29][30][31] These glass panels have a total combined surface area of 52,700 square feet (4,900 m2). The floors are lit by the wavy glass facades of the base at 57th and 58th Streets. [33], On November 10, 2009, the LPC voted 6–3 to preserve 1780 Broadway's facade and tear down everything else. [118], The cantilever over the Art Students League of New York's building at 215 West 57th Street was controversial. 1924) James O. Mason, physician (b. [3][4][5], In the 20th century, the area was part of Manhattan's "Automobile Row", a stretch of Broadway extending mainly between Times Square at 42nd Street and Sherman Square at 72nd Street. [124], In January 2016, three hundred members of the League sued the League's leadership, claiming that instructions on how to vote on the sale were misleading and that the publicized voting procedure was not followed correctly. Lendlease was also fined $25,000 by the New York City Office of Administration Trials and Hearings for failing to adequately safeguard the construction site. In dieser Funktion sind sie die Parteiführer des Senats der Vereinigten Staaten von Amerika, auch Floor Leaders of the Senate genannt.. https://en.wikipedia.org/w/index.php?title=Category:American_socialites&oldid=951695783, Template Category TOC via CatAutoTOC on category with 301–600 pages, CatAutoTOC generates standard Category TOC, Creative Commons Attribution-ShareAlike License, This page was last edited on 18 April 2020, at 11:42. This list may not reflect recent changes (). [89] In March 2018, Extell announced they would be selling 17% of the equity in the tower to a group of investors for $107 million,[90] sparking another downgrade of Extell's bonds. The Livingston family of New York is a prominent family that migrated from Scotland to the Dutch Republic, and then to the Province of New York in the 17th century. Robert Guestier Goelet, French-born businessman and philanthropist (b. [16], Central Park Tower was developed jointly by Extell and Shanghai Municipal Investment Group. [109][110] Construction was temporarily halted in March 2020 due to the COVID-19 pandemic in New York City. [44] There are eleven elevators serving the upper floors. The following 200 pages are in this category, out of approximately 561 total. [1], Central Park Tower has 98 habitable floors,[22][1] though the top floor is numbered 131. If non-voting members' decisions were counted as "no" votes, the tally should have been 2,603–1,342 against the air rights sale. [8], In mid-2012, Extell purchased the neighboring building at 223 West 58th Street for $25 million. Other buildings along Billionaires' Row include 432 Park Avenue five blocks southeast, 111 West 57th Street and One57 one block southeast, and the adjacent 220 Central Park South. [42][46][49], A Nordstrom department store occupies roughly 285,000 square feet (26,500 m2) of the building's first five floors as well as two basement levels. The preferred equity carried an interest rate of 11% while the senior loan carried the high rate of Libor plus 4.5%. [34] After Extell and New York City Council Speaker Christine Quinn pushed back, the LPC dropped its proposal to designate 225 West 57th Street as a landmark. [93] The average unit price of $22.5 million was twice as much as the average sales price for a top New York City luxury apartment. [43] Floors eight to twelve house amenity spaces for residents. [65], By mid-2012, Nordstrom committed to occupying 225,000 square feet (20,900 m2) at the base of Extell's proposed tower, paying a $102.5 million down payment for the first five floors and the two basement floors. 1923) Samuel Hynes, author (b. The company also unveiled new buyer's incentives, offering to waive between three and five years of common charges and pay 50% of broker's commissions. [19][28][107] By the end of the year, the building's glass curtain wall had been almost completely installed. [125] The second lawsuit was dismissed through summary judgment when a judge ruled that the League's leadership had acted in good faith while interpreting the League's by-laws regarding voting procedures. [1] The first seven floors of the tower are anchored by New York City's first Nordstrom department store. Analyzing Extell's $4.4B sellout at the Nordstrom Tower", "Central Park Tower, NYC's first $4B condo, can now launch sales", "Revealed: Inside Gary Barnett's $4B tower", "217 West 57th Street, Aka Central Park Tower, Gets Its First Glass", "Central Park Tower, Country's Tallest Building Under Construction, Officially Reaches Supertall Territory", "Central Park Tower Approaches 1,550-Foot Pinnacle, Nears Tallest Roof Height In New York City & The Western Hemisphere", "Sales officially launch at Central Park Tower", "All in Good TASE: The Crisis for the American Cohort in Tel Aviv Is Essentially Over", "Can Extell make Central Park Tower the most expensive condo in U.S. A further $168 million came from EB-5 investors. [1][23] Its tallest habitable story is 1,417 feet (432 m) high. [37], In order to maximize views of Central Park, whose southern border is one block north, Extell built a cantilever extending 28 feet (8.5 m) from the eastern side of the tower. [31][56], Extell started its land acquisition for what would become the Central Park Tower in mid-2005. This total project cost of $3 billion was over $1 billion higher than the $1.9 billion that Extell expected construction to cost in 2016. At the same time, Nordstrom invested another $25 million, with a put option that allowed the company to force Extell to repurchase the store space if it was not ready by December 2018. [75] The structural steel for Nordstrom's retail base was complete by the middle of 2016. Extell purchased 221 West 57th Street and a neighboring lot for $67.5 million, yielding over 261,000 square feet (24,200 m2) of buildable space. [77] The company had previously raised $400 million by selling the retail portion to Nordstrom and another $300 million by issuing bonds on the Tel Aviv Stock Exchange. Dit was een van die wêreld se ses beskawings wat in die 31ste eeu v.C. [38] Without the cantilever, Vornado Realty Trust's under-construction 220 Central Park South would have blocked the lowest 950 feet (290 m) of the tower. [72] However, new permits filed several months later showed the building without a spire but increased the roof height to 1,550 feet (470 m). [60] At the end of 2012, Extell revealed that Adrian Smith + Gordon Gill would design the tower and that it would rise 1,550 feet (470 m) to become the second-tallest building in New York City. 1903, A Parish of Two by Henry Goelet McVickar and Price Collier, Quote Page 142, Lothrop Publishing Company, Boston. [31] Other design features include halo reveals around each column, railings wrapping around corners, and a terracotta wall near the elevators that resemble the wavy facade. [68], The company began excavating the building's 80 feet (24 m) deep foundations in May 2014. [71] New renderings were revealed on April 20, 2015, showing a roof height of 1,530 feet (470 m) and an architectural height of 1,775 feet (541 m) with the spire. [46] A triplex penthouse at the top of the building spans 17,000 square feet (1,600 m2) across the 129th through 131st floors. The central window opening of the second floor is flanked by granite columns, while the outer bays contain trimmed rectangular window frames with carved bands. history? [138], Following an investigation by the federal Occupational Safety and Health Administration (OSHA), both Lendlease and subcontractor Permasteelisa North America were cited and fined $12,934 each. JPMorgan required repayment of the loan by December 2021 and also stipulated that Extell must sell $500 million worth of apartments by December 2020 or face default. In addition, Extell gained 156,000 square feet (14,500 m2) of development rights from the purchase of 1780 Broadway and two contiguous properties, and 20,000 square feet (1,900 m2) of development rights from the purchase of a plot of 58th Street, in two separate 2006 purchases. [132] In January 2020, Lendlease Group, contractor Pinnacle Industries, and Extell paid the guard's family $1.25 million to settle the family's wrongful death claim. There is a small cornice above the central bay on the third floor, and a sill above the 11th floor of the landmark facade. Extell also revoked the Center's use of the building's internal staircases due to theft concerns and offered the Center $1 million to move to a new home on 55th Street. In 2020, Lendlease filed a lawsuit seeking to overturn the City's findings, both because Ramnauth was not considered a member of the public and because the city did not conduct an investigation until three days after the incident. [19][49] The units have open layouts and floor-to-ceiling windows overlooking Central Park or other nearby structures. [30], The facade of 1780 Broadway, a New York City designated landmark,[33][34] is preserved at the base of the tower on Broadway. [84] Extell stated that it intended to close on the loan with JPMorgan before the end of the year, but the cash on hand would not be able to sustain construction through 2018 without a loan. 1926) David Weisman, film producer and author (b. Barrett signaled an openness to discounting units to increase sales in addition to the existing buyer's incentives. [84] That June, Israeli bondholders became concerned that Extell would be unable to meet its bond obligations as it held only $120 million in cash, still had not closed a construction loan, and still had its bonds classified as junk bonds with a 13% interest rate. Die geskiedenis van Antieke Egipte … [16] The lowest two floors of 1780 Broadway are clad with granite and topped by a granite cornice. [88] At the end of 2017, Extell announced it closed on $900 million in construction financing from JPMorgan Chase and an additional $235 million preferred equity investment from a hedge fund. [114] While some media sources reported that Central Park Tower was completed by the end of 2020,[115][116] finishes were still being applied through 2021, and an official completion had not been announced. onafhanklik ontstaan het, en wel ná die vereniging van Bo- en Benede-Egipte onder die eerste farao. [85] A month later, over 40 private and institutional bondholders met to discuss whether to force early repayment on the bonds. Central Park Tower, also known as the Nordstrom Tower, is a residential supertall skyscraper along Billionaires' Row on 57th Street in Midtown Manhattan, New York City.Designed by Adrian Smith + Gordon Gill Architecture, the building rises 1,550 feet (472 m) and is the second-tallest skyscraper in the United States and the Western Hemisphere, the 13th tallest building in the … [28][42] Each unit has between two and eight bedrooms, with between 1,435 to 17,500 square feet (133.3 to 1,625.8 m2) of floor area. The site of Central Park Tower was formerly occupied by two buildings at 225 West 57th Street and 1780 Broadway, which were demolished in 2011–2012. [22][51], There are 50,000 square feet (4,600 m2) of amenities on the 8th through 12th floors. [119] Weeks later, the LPC approved the air rights sale and cantilever in a 6-1 vote. The building topped out during September 2019, with a projected completion date of 2021. [39][41] Atop the building is a weighting system to balance the building against the wind. Central Park Tower", "Extell looks to raise $190M in EB-5 funds for Central Park Tower", "Extell in talks with capital partner for Central Park Tower", "Extell looks to have brought in Chinese equity partner at Central Park Tower", "Extell secures one-week extension on $235M Blackstone loan", "Inside Gary Barnett's game of real estate Tetris", "Extell to refi $235M land loan at Central Park Tower", "Extell secures $168M in EB-5 funds for Central Park Tower; project's completion date pushed back", "Extell bonds downgraded in Israel, but remain low risk", "Extell bondholders could force early repayment on Barnett's bonds", "The priciest condo project in New York history is finalizing a $900M loan", "SMI extends the deadline for financing Central Park Tower", "Barnett closes on $1B-plus financing for Central Park Tower", "Extell sells $107M in shares at its $4B Central Park Tower condo project", "Wanted: Sales director at Central Park Tower", "Central Park Tower is now one step closer to launching sales", "What could Gary do? This included 100,000 square feet (9,300 m2) of air rights above the Osborne Apartments on 205 West 57th Street, in January 2006; another 12,000 square feet (1,100 m2) of air rights from the Saint Thomas Choir School at 202 West 58th Street, in November 2006; and 14,290 square feet (1,328 m2) of air rights from the 13-story apartment building at 200 West 58th Street, in January 2007. The store spans 360,000 square feet (33,000 m2) in total, including space at 5 Columbus Circle and 1776 Broadway. The spandrels between each floor are also clad with stainless steel. Die Position und Rechte der … [60] In June 2016, Extell announced it were seeking to raise $190 million in financing for the tower from foreign investors through the EB-5 visa program. [101][102] In interviews in 2019, Extell founder Gary Barnett said that condominiums were not selling as quickly as at Extell's previous One57 development during the early 2010s, when there were no other luxury developments nearby. [39][40] In conjunction with a 2013 agreement with Vornado that involved shifting 220 Central Park South slightly to the west, this gave Central Park Tower direct views of Central Park. Extell was scheduled to repay $180 million in December 2018 but investors were worried that the company could not raise the cash, as the declining luxury market had made the unit pricing unrealistic. Central Park Tower is in the Midtown Manhattan neighborhood of New York City, just south of Columbus Circle, on the east side of Broadway between 57th Street to the south and 58th Street to the north. [6][7] The Hard Rock Cafe and Broadway Dance Center occupied the structure at 221 West 57th Street before that building was purchased by Central Park Tower's developer, the Extell Development Company, in 2006. [30] The panels are set within aluminum frames and locked together with steel plates, fitting between the concrete floor slabs on each level. The northwestern corner of the building abuts 1790 Broadway, while the southwestern corner is adjacent to 1776 Broadway. The cantilever starts roughly 300 feet (91 m) above the Art Students League of New York's building at 215 West 57th Street, and covers roughly one third of the space above the Art Students League building. [99], By the end of 2018, Extell had spent $1.7 billion on construction of the tower and expected to spend another $1.3 billion before the building opened. 1930) Murray Rosenblatt, statistician and academic (b. [48] This penthouse contains its own gym, ballroom, library, and observatory; the penthouse's price has not been publicly disclosed. [126], On July 12, 2017, a 4,300-pound (2,000 kg) crate containing window panes fell from the building's 16th floor after a ramp connecting the construction hoist to the building collapsed. [83] The tower's completion date was also pushed back another year to November 2020. [139] Both contractors filed disputes with OSHA's findings and appealed the fines. The panels are installed in a serpentine "wave" pattern. [1] According to Gill and Smith, the glass cladding was intended to help the tower fit into the skyline. [61][33] Preservation groups like the Historic Districts Council and New York Landmarks Conservancy expressed dissatisfaction that City Council members had influenced the decision by saying they would veto any LPC designation for the properties if 225 West 57th Street was protected. [76] Escolheu para começar a sua história oficial Menés, que se acredita ter unificado os reinos do Alto e Baixo Egito (c. 3 100 a.C.). [14] Goodrich came to own both 1780 Broadway and 225 West 57th Street, but by the time the company sold the structures in 1928, they were collectively called the "Goodrich Building". No século III a.C., o sacerdote Manetão estabeleceu uma cronologia dos faraós desde Menés aos seus contemporâneos, agrupando-os em 30 dinastias, um sistema ainda em uso atualmente. 1932) [132] A construction worker at the scene ended up fracturing his right foot when he tried to rescue Ramnauth. [32][55] The Nordstrom location has an open plan for its floors, as well as 19-foot (5.8 m) ceilings. [127], On December 18, 2019, ice falling from Central Park Tower injured a pedestrian, who required hospitalization. J. L. BELL is a Massachusetts writer who specializes in (among other things) the start of the American Revolution in and around Boston. [122][123] Afterwards, over 100 members of the Art Students League filed suit against Extell and the Art Students League organization itself to attempt to stop the air rights sale, but the lawsuit was dismissed in mid-2014. He has published scholarly papers and … [26] Due to its high slenderness ratio, the building has been characterized as part of a new breed of New York City "pencil towers". [79] Additionally, the interest rate on Extell's bonds on the Tel Aviv Stock Exchange rose from 6% to 16%, effectively turning them into junk bonds. [45], The building contains 179 condominiums starting on the 32nd floor. [54] The space contains a 126-person ballroom, a cigar bar, and a private dining room. [117] In January 2021, the project received a $380 million mezzanine loan from Sail Harbor Capital and Baupost Group, with a 14 percent interest rate and maturity at the end of 2021. He is particularly interested in the experiences of children in 1765-75. [47], The interiors of the building's condominiums were designed by Rottet Studio. [105] Two months later, the building's first condominiums were publicly listed for sale. [81] If Extell defaulted on Blackstone's loan, its interest rate would increase from 8% to 14%, but Blackstone was only willing to grant Extell a one-week extension on its land loan to December 17. [73] The building's tower crane was installed in July 2015[74] and the structure reached street level by the end of September. [9][12] Both structures were built in 1909,[13] to designs by Howard Van Doren Shaw. ", "To lure buyers, Extell offers free common charges for up to five years", "Manhattan's Tallest Condo Building Joins a Swamped Luxury Market", "Gary Barnett gets candid about the condo boom of the 2010s and what's to come", "Central Park Tower Surpasses 432 Park Avenue To Become The Tallest Residential Building In The Western Hemisphere", "Central Park Tower Surpasses Chicago's Willis Tower On Way To Tallest Roof Height In Western Hemisphere", "Central Park Tower Officially Tops Out 1,550 Feet Above Midtown, Becoming World's Tallest Residential Building", "Central Park Tower's Glass Curtain Wall Nears Completion In Midtown", "Nordstrom's Manhattan Flagship Store Officially Opens for Business in Central Park Tower", "Check out the cocktail bar at Nordstrom's new Billionaires' Row flagship", "Construction of US $4bn Central Park Tower in New York halted", "Extell Suspends Construction on Central Park Tower", "Central Park Tower's Construction Crane Begins Disassembly Above Billionaires' Row", "8 Major NYC Projects Set To Deliver In 2021", "Dramatic drop in skyscrapers built in 2020 as coronavirus impacts global construction", "Dubai's iconic skyline welcomes 12 new skyscrapers", "Central Park Tower aka 217 West 57th Street Set for 2021 Completion in Midtown, Manhattan", "Gary Barnett Raises Central Park Tower Capital", "Community Board Rejects Extell's Plan to Cantilever Skyscraper Over Landmarked Art Students League", "Extell cleared to cantilever 1,550-foot Nordstrom tower", "Revealed: Extell's 1,423-Foot Nordstrom Tower", "Art Students League Approves Extell Cantilever", "Judge dismisses Art Students League suit over Extell tower", "At Art Students League, Air Rights and Airing Grievances", "Suit Against Art Students League Board Decision To Sell Air Rights Fails On Appeal", "Ramp falls 16 stories from Extell's Central Park Tower construction site", "Falling ice hits, injures person near Columbus Circle: FDNY", "Falling ice forces street closures near Columbus Circle", "Why Ice Is Falling From Glass Skyscrapers", "Family of NYC security guard crushed by glass in horrific Billionaires' Row construction accident locked in ugly legal war over death", "Security guard dies after falling glass from Central Park Tower skyscraper strikes him", "One man killed, one injured by falling glass panel at midtown construction site, authorities say", "A Construction Death on Billionaire's Row Shines Light on NY's Wrongful Death Law", "City suspends construction on Midtown skyscraper after falling glass killed security guard", "Stop Work Order Issued at Skyscraper Construction Site After Death", "Lendlease disputes city's penalty in 2018 death at Central Park Tower", "Lendlease sues NYC building department over death citation", House of the New York City Bar Association, St. Nicholas Collegiate Reformed Protestant Dutch Church, Abby Aldrich Rockefeller Sculpture Garden, Jacqueline Kennedy Onassis High School for International Careers, Times Square–42nd Street/Port Authority Bus Terminal, 111, 115 (Trinity and United States Realty), Guiyang International Financial Center Tower 1, Nanjing International Youth Cultural Centre Tower 1, Abenobashi Terminal Building Skyscraper (Abeno Harukas), List of architects of supertall buildings, https://en.wikipedia.org/w/index.php?title=Central_Park_Tower&oldid=1008549547, Buildings and structures under construction in the United States, Condominiums and housing cooperatives in Manhattan, Residential condominiums in New York City, Short description is different from Wikidata, Infobox mapframe without OSM relation ID on Wikidata, Creative Commons Attribution-ShareAlike License, This page was last edited on 23 February 2021, at 21:46. [60] In July 2013, Extell paid $25 million for the lot at 232 West 58th Street, adding another 20,750 square feet (1,928 m2) of development rights, and thus completing the site. [23][28] The curtain wall is subdivided vertically by stainless steel "fins" that are arranged similarly to pinstripes; they resemble mullions but do not project from the facade. [19][52][53] On the 16th floor, there is an indoor pool, exercise room, spa, gym, basketball court and children's playroom. [8], On the western side of the building's base is the facade of the 12-story building at 1780 Broadway, which formerly contained the B. F. Goodrich Company showroom. [10][11] 1780 Broadway was one of the most visible buildings on Automobile Row because of the site's elevated topography,[11] and was leased to various automotive firms during the early 20th century. [80] The day the land loan was due, Extell closed a new $235 million bridge loan with JPMorgan Chase and hedge funds Fortress Investment Group and Baupost Group in order to repay Blackstone. [69] A new design for the tower was leaked in July 2014 that revealed a 1,479-foot-tall (451 m) tower with a spire reaching 1,775 feet (541 m), just a foot shy of One World Trade Center's pinnacle. [28], The base of the tower along 57th and 58th Streets is made of glass, arranged into fluted panels that are insulated and laminated. [8] That September, Extell served one of 221 West 57th Street's occupants, the Broadway Dance Center, a notice of default for operating without the required public assembly permit. The eastern portion of the tower contains a cantilever above the Art Students League of New York's building at 215 West 57th Street, intended to maximize views of nearby Central Park. en die verowering van Egipte deur Alexander die Grote in 332 v.C. [91], At the end of May 2017, Extell received approval to begin sales at Central Park Tower,[92] with a total targeted $4.02 billion sellout for the project's 179 condominiums. [62][63] The last tenant of 1780 Broadway moved out of that building in April 2011. [32] The store also contains six bars and restaurants, including two operated by celebrity chef Tom Douglas. [17][18] It was designed by Adrian Smith + Gordon Gill Architecture. In October 2013, Manhattan Community Board 5 voted against allowing the cantilever, although the vote was merely advisory and final power over the decision rested with the LPC. Central Park Tower is also near 240 Central Park South and 220 Central Park South to the north; the American Fine Arts Society (also known as the Art Students League of New York building) and Osborne Apartments to the east; and 224 West 57th Street and the American Society of Civil Engineers' Society House to the south. [94] Extell hoped to sell 20 of the units for more than $60 million a piece, including a $95 million penthouse. [97][98] In October 2018, Extell officially launched sales at the project. (Google Books Full View) link ↩ The panel tipped over on top of 67-year-old security guard Harry Ramnauth. Company search results. [95] The first glass was installed on the building in September 2017 when the building was roughly a third of the way to its peak. An appeals court upheld the decision in March 2016, as construction had progressed to a point where it could not be undone without causing undue hardship that would cost Extell more than $200 million. Despite uncertainty about the final design and complications relating to the tower's financing, excavations at the site started in May 2014, and actual construction started in February 2015.

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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.