The following terms and conditions are the conditions of the Company in relation to the Service and any such Service is undertaken upon the following conditions unless specifically agreed in writing between the Company and the Customer.
- In these terms and conditions (“Conditions”) the following definitions shall have effect unless the context otherwise dictates:
- “Company” shall mean Rubbish Collect.
- “Supplier” shall mean any person firm or company authorised by the Company to act on its behalf in the provision of the Service.
- “Customer” shall mean the person firm or company any person, firm or corporation for who any Service is undertaken by the Company.
- “Container” shall mean any skip, container, drum, sack or other receptacle, supplied by the Company or the Supplier in connection with the provision of the Service.
- “Service” shall mean the collection transportation and/or disposal of waste materials and/or any industrial activity on site on behalf of the Customer as set out in the Contract and any other services that the Company provides to the Customer.
- “Contract” shall mean the contract between the Company and the Customer for the supply of the Service in accordance with these Conditions.
- “Waste” shall mean any waste materials to be collected, disposed of or recycled by the Company as part of the Service
- “Waste Transfer Note” shall mean any waste transfer notes relating to all or any part of the Waste
- “Order” shall mean the Customer’s order for the Service as set out in the Customer’s purchase order form or the Customer’s written acceptance of a quotation by the Company as the case may be
- “Quotation” shall mean the description or specification of the Service provided in writing by the Company to the Customer
- “Equipment” shall mean any Container and any tools and other property supplied by the Company or the Supplier in connection with the provision of the Service.
In these Conditions, the following rules apply:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a party includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- a reference to writing or written includes faxes and emails.
It is a condition of every Contract entered into by the Company and the Customer warrants to the Company that that the Customer shall obtain and maintain (and produce evidence thereof when requested by the Company) all necessary registrations, licences and consents and shall comply with all relevant legislation and the requirements of government or any statutory local or public authority in relation to the Service or to the use of any Equipment by the Customer including in particular the Environmental Protection Act 1990, the Environmental Protection (Duty of Care) Regulations 1991, the Environment Act 1995, the Highways Act 1971 and the Health & Safety at work etc Act 1974.
Basis of contract
- The Company shall arrange collection and disposal of or, in appropriate circumstances, recycle Waste subject to the Contract and these Conditions. The Company shall not accept toxic, dangerous, hazardous or special waste.
- The Order constitutes an offer by the Customer to purchase Service in accordance with these Conditions. The Order shall only be deemed to be accepted when the Company issues written acceptance of the Order or, if earlier, the Company starts to provide the Service, at which point and on which date the Contract shall come into existence.
- The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in the Contract.
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.Any conditions contained in an Order which conflict with any of these Conditions shall be deemed to be inapplicable to any Order unless expressly agreed by the Company in writing when acknowledging an Order.
- Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 28 days from its date of issue (unless previously withdrawn by the Company).
- The Company shall have the right to make any changes to the Service which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Service, and the Company shall notify the Customer in any such event.
- The Company’s or Supplier’s employees or agents shall not be required to undertake any Service outside the terms of the Contract and furthermore the Customer shall not request such employees, agents or contractors to do so without the Company’s or Supplier’s prior agreement.
Nature of waste materials
- The Customer warrants that the Waste shall subject to condition 3.1 be non hazardous and of the type, character and quantities specified in any quotation or waste transfer note and the Customer shall ensure that no material change in the nature of the Waste shall take place during the Contract. Where the Waste differs from the quotation or any waste transfer note the Company reserves the right either to refuse to accept such Waste or to apply additional charges (at rates agreed with the Customer or failing agreement at the Company’s then standard rates) in relation to its collection, disposal or recycling
- The Customer shall sign a single or multiple consignment waste transfer note declaring the Waste type and shall ensure that the Waste is accurately described when completing the waste transfer note.
- The Company reserves the right not to accept any waste which by reason of size or weight is difficult to collect or dispose or in respect of which a waste transfer note has not been properly completed and signed.
- The Customer must notify the Company before any supply of a Service is commenced of any particular requirement of the Customer relating to health and safety at work and of any security arrangements that may need to be observed or any hazards, risks or dangers that may arise during or as a result of the Company, Supplier or their employees, agents or contractors undertaking any Service on the premises of the Customer.
- The Customer shall provide the Company, the Supplier, their employees, agents and contractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required for the provision of the Service;
- The Customer shall be responsible for placing and shall only place the Waste referred to in Clause 4 in the Containers.
- The Customer warrants that he has the right to place such Waste in the Containers and the property in all Waste shall pass to the Company upon the same being commenced to be removed. Provided there shall have been no breach of the Customers obligations in relation thereto risk in the Waste shall pass to the Company upon the same being commenced to be removed. The Customer shall remain liable at all times for (and shall indemnify the Company and the Supplier in respect of) any damage caused by the Waste in breach of these Conditions.
- It shall be a condition that the Customer observes and performs the following:
- All containers to be loaded safely and evenly and no sharp or hot materials are to be placed in any plastic Container or other Container likely to be damaged thereby.
- Unless otherwise agreed in writing , no Container shall be placed on the highway,
- No rubbish shall be burned in any container or any fire started or permitted therein by the Customer or any other person,
- No Container shall be removed from the Customer’s premises to which it was delivered without the Company’s prior written consent,
- No sign lettering insignia advertising or other device of the Customer shall be placed or fixed on any Container.
- No sign lettering insignia advertising or other device of the Company or the Supplier on any Container shall be removed or defaced.
- The Customer shall at all reasonable times allow the Company or Supplier and any person authorised by either of them to have access to the Equipment to inspect, test, adjust, repair or replace the same so far as possible at times convenient to the Customer.
- The Company shall not be responsible for any property including personal effects deposited by the Customer or any other person in any Container and shall not be bound to return the same nor be liable for any loss or damage thereto.
- . Title and property in the Equipment remain with the Company at all times and the Customer is responsible for (and shall indemnify the Company and the Supplier in respect of) any loss or damage to any Equipment whilst in the Customer’s care, custody or control.
The Customer shall:
- . Co-operate with the Company and the Supplier in all matters relating to the Service
- . provide the Company and the Supplier with such information and materials as they may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects.
Time of collection
When the Supplier calls on the Customer to perform any part of the Service the Customer shall ensure that the Equipment is ready and available at the time of collection by the Supplier. The Company and the Supplier shall not be under any obligation to carry out any Service nor be liable to the Customer where the Customer is in breach of this condition, but nevertheless the Company reserves the right to make a wasted service charge. The Company also reserves the right to charge for any failed collection caused by circumstances outside the control of the Company.
- If it becomes apparent for reasons not disclosed by the Customer or which could not have been foreseen by the Company at the time of entering the Contract or commencing the work that the Service to be undertaken differs from that originally envisaged and/or set out in any quotation, the Company shall notify the Customer accordingly giving particulars as soon as reasonably practicable after the circumstances become apparent and the Company shall be entitled either to terminate the Contract without any liability to the Customer or to payment for additional work (at rates agreed with the Customer or failing agreement at the Company’s then standard rates).
- Should the Company elect to cease the provision of the Service in the changed circumstances, the Contract shall be deemed to be terminated. Upon such termination the Company shall be entitled to charge for any work carried out up to the time of termination and to be reimbursed for the costs associated with commitments and liabilities entered into pursuant to the Contract and for any Equipment or other items provided or intended to be provided for the purpose of the Contract.
- The Customer shall pay additional charges at the rates agreed with the Customer or failing agreement at the Company’s then standard rates occasioned by:
- any additional costs arising from changes to the agreed frequency or volumes of Service as notified by the Customer.
- any delay caused by any act or omission of the Customer or its employees, agents or contractors.
Terms of payment
- The Company shall be entitled to invoice [at such times as are set out in the Contract or otherwise upon completion of the provision of the Service]. All payments shall be made within 14 days of invoice. Other times of payment can only be made with the prior written approval of the Company. The Customer shall not be entitled to delay or withhold payment on account of any alleged set-off or counterclaim. Time for payment shall be of the essence of the Contract.
- Where the charge for the Service is liable to VAT, the Customer shall pay an additional amount equivalent to the amount of VAT at the appropriate rate.
- The Company reserves the right without liability to the Customer not to execute any Order and to remove any Equipment if arrangements for payment of the Customer’s account are not in the Company’s discretion satisfactory to the Company and to suspend the Service to any Customer whose account is overdue for payment or where the Customer is in breach of any of these conditions or where the Company considers that the Service required may place at risk any person, goods, vehicle, Equipment or property.
- If the Customer fails to make any payment due to the Company under the Contract by the due date for payment , then the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above Barclays Bank PLC’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
Time for provision of Service
- The Company may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent
- The date of delivery or performance of the Service shall not be of the essence and the Company shall have the right at its discretion to alter the day of performance of the Service.
- Where the Company is unable due to Bank or Public Holidays, breakdown or circumstances outside its reasonable control to carry out any Service on the day notified to the Customer, the Company shall make all reasonable efforts to carry out such Service as soon as practicable thereafter
Customer’s further obligations
- If a Service is required by the Customer involving vehicle movement otherwise than on the public highway: the Customer shall afford reasonable, safe and adequate access and space in which loading and unloading operations, delivery and collection may be carried out without risk of damage to the vehicle, its driver or its load and without obstruction to the public highway.
- The driver of a vehicle providing such a Service shall be deemed to be under the control of the Customer whilst on or adjacent to the Customer’s premises and the Customer shall be solely responsible for any accident or any damage by the weight of its vehicle or its load to any bridges, wires, cables, drains and other services, manholes, roads, paths or any surface or any other property on, above or below the surface of the land and shall indemnify the Company and the Supplier against all claims in respect of legal liability arising therefrom.
- The Company and the Supplier reserve the right to refuse to carry out any Service if it considers that the Service required might place at risk any person, goods, vehicle or property.
- The Customer’s attention is drawn to the need to obtain the consent of the Local Authority to cross pavements or to site Equipment on a public highway.
For the purposes of these Conditions, “Force Majeure Event” means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. If the Force Majeure Event prevents the Company from providing the Service for more than 4 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
- Notice: Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax [or e-mail].
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to above; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Severance: If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- Waiver: A waiver of any right under the Contract, these Conditions or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract, these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- No partnership or agency: Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- Third parties: A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Variation: Except as set out in these Conditions, no variation of the Contract or these Conditions, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the, these Conditions.