CONDITIONS OF SERVICE FOR WASTE
1.1 “Agreement” means the Conditions, the Service Agreement and Waste Transfer Note collectively;
“Charge(s)” is the price to be paid to the Company for the Service as stated on the Website;
“Company” and or “our/us/we” means Veolia ES (UK) Limited;
“Conditions” means these conditions of service for waste;
“Equipment” means the receptacles provided to the Customer in order to store Waste for the purposes of the Services;
“Quotation” means the quotation provided to the Customer in respect of the Services;
“Service(s)” means the delivery of the Equipment to any address within the United Kingdom (excluding Northern Ireland, Scottish Highlands and Islands), collection of the Equipment, transportation and disposal of waste materials for the Customer;
“Website” means www.veolia.co.uk/procycle;
“Waste” means as defined within clause 7.1
2 The Contracted Service
2.1 The Company or its subcontractors will visit the Premises and provide the Service in accordance with this Agreement.
2.2 In order to obtain the Service, the Customer shall make an enquiry with the Company, upon receipt of which the Company shall provide a Quotation to the Customer. Upon acceptance of the Quotation by the Customer (which shall include this Agreement), the Company shall provide the Service.
3. Alterations Not Permitted
3.1 This Agreement forms the whole of the terms of the contract between the Company and the Customer and no variation to it may be made unless expressed in writing and signed by an authorised officer of the Company.
3.2 The Company’s employees or agents are not authorised to make any representations concerning the Service unless confirmed by an authorised officer of the Company in writing. In entering into this Agreement the Customer acknowledges that it does not rely on and waives any claims for breach of any such representations which are not so confirmed.
4. Charges Payment and Suspension
4.1 Charges for our Service will be as quoted on the Website from time to time. The Company takes all reasonable care to ensure that the Charges for the Services are correct at the time when the relevant information was entered onto the Website however if it is discovered that there is an error in respect of the Charges for the Services, the Company reserves the right to amend the Quotation with the correct Charge. For the avoidance of doubt, the Quotation shall take precedence over any Charges referred to on the Website.
4.3 If the Customer currently purchases goods or services from the Company on a monthly basis and/or has an existing contract with the Company for goods and services not within the Services (an “Existing Customer”), the Customer shall have the option to:
4.3.1 be invoiced for the Services after the Equipment has been delivered to the Customer; or
4.3.2 be invoiced for the Services in accordance with the agreement under which the Customer is an Existing Customer.
4.4 If the Customer elects to be invoiced in accordance with Clause 4.3.1, the Company shall invoice the Customer after delivery of the Equipment. The Customer shall pay each invoice within thirty (30) days from the date of the invoice.
4.5 If the Customer is not an Existing Customer the Customer must pay for the Service prior to delivery of the Equipment. The Company shall invoice the Company once the Quotation has been accepted. The Customer shall pay the invoice within thirty (30) days from the date of the invoice. If the invoice is not paid for within thirty (30) days from the date of the invoice the Company reserves the right to cancel the Service and shall not be obliged to deliver the Equipment.
4.6 The Company reserves the right to charge interest on all sums that remain unpaid after the due date, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, at the rate of 8% (or whichever rate shall apply at the time) over the current Bank of England Base rate, together with the late payment charges as set out in the Act, until payment is made.
4.7 Where necessary, the Company reserves the right to increase the charge of any item referred to in this Agreement on giving prior written notice to the Customer this shall include but shall not be limited to if the Customer exceeds the weight limit and/ or any wasted journey sum as referred to in this Agreement.
4.8 The Charge is exclusive of any applicable value added tax which the Customer shall be additionally liable to pay the Company at the prevailing rate at the date of invoice.
5.1 The Customer shall be wholly responsible for the safety of all persons on the Premises (including the employees and agents of the Company or its subcontractors).
5.2 The Customer shall bear all risks in connection with the siting, loading and use of all Equipment.
5.3 The Customer must comply with the following in relation to packaging the Waste:
5.3.1 The Customer is responsible for packaging the Waste and placing it correctly in the Equipment ready for collection by the Company;
5.3.2 The Customer shall allow the Company (which shall include any of its employees, agents, servants and sub-contractors) such access to the Premises in order that the Company is fully able to provide the Service in accordance with this Agreement
5.3.3 All Equipment shall be loaded safely and evenly and no sharp or hot materials are to be placed in the Equipment;
5.3.4 The Customer shall not overload the Equipment and shall comply with any weight limits that the Company may impose from time to time. If the Company has not stated a separate weight limit for the Customer, the weight limit shall be 20kg. If the Customer exceeds the weight limit then the Charges referred to in Clause 4.7 above shall apply.
5.3.5 Unless otherwise agreed, no Equipment shall be placed on the highway nor shall the Equipment be placed on any premises owned or occupied by a third party in such a way as to cause a trespass;
5.3.6 No rubbish shall be burned in any Equipment or any fire started or permitted therein by the Customer or any other person;
5.3.7 All methods of packaging shall comply with the requirements of appropriate legislation.
5.4 The Customer must notify the Company in advance of any particular requirement of the Customer relating to health and safety at work and of any hazards, risks or dangers that may arise as a result of the Company or its employees undertaking the Service.
6. Responsibility for Equipment
6.1 All Equipment provided by the Company shall at all times remain the property of the Company.
6.2 The Customer shall be responsible for:
6.2.1 any loss, theft or damage caused to the Equipment whilst it is at the Premises (or elsewhere) and is not in the care or control of the Company including all charges in connection with the provision by the Company of any replacement Equipment;
6.2.2 maintaining a suitable and safe means of access to and egress from the Equipment at the Premises for the Company‘s vehicles and employees or agents;
6.2.3 effecting adequate insurance cover for the Equipment for its full replacement value against the risk of loss or damage.
7. The Waste
7.1 The Customer undertakes that the Waste placed in the Equipment for collection by the Company (the “Waste”) shall accord with the description on the Company Website and will not be or contain any Hazardous Waste as defined in European Council Directive 2008/98/EC as amended from time to time.
7.2 The Customer undertakes to conform with all duties applicable to it under all or any law, statutory guidance, circular, code, standard or resolution of any regulatory body, court or agency in respect of the Waste to the extent that they have legal effect or are enforceable at any time in the past, present or future including but not limited to the duties laid down in the Environmental Protection Act 1990 and the Environment Act 1995
7.3 The Company has no contractual obligation to remove or recycle any Waste which has not been placed in the Equipment or Waste that does not otherwise conform to the requirements set out in this Agreement which shall be deemed to be “Additional Waste”. If so requested by the Customer, the Company (at its own discretion) may agree to remove and deal with any Additional Waste. Removal of any Additional Waste shall be subject to additional terms and charges specified by the Company prior to collection of the same.
7.4 The Company has no contractual obligation to collect and recycle the Waste if the Customer orders the collection of the Equipment more than 3 months after the delivery of the Equipment.
7.5 The Customer can order collection of the Equipment by emailing [email protected] Following receipt and processing of the email, the Company will confirm the details of a collection date and time. The Company requires at least three (3) working days notice of the Customer’s preferred collection date. For the avoidance of doubt, the collection date will only be set once the Company has confirmed the collection date in writing.
7.6 Property in the Waste shall pass to the Company on collection but the Customer shall remain liable at all times for any damage caused by the Waste as a result of the Customer’s breach of this Agreement or the Customer’s negligence.
7.7 The Service will not be performed if in the reasonable opinion of the operative collecting the Waste on behalf of the Company, the Waste has been left in a poor condition or not properly sealed or has otherwise not been packaged in accordance with this Agreement or if the operative deems that the Waste may place any person, vehicle or property at risk, at which time the operative shall advise the Customer, where possible, of the reason for non-collection. The Customer shall, notwithstanding the provisions of this clause, still be responsible for the Charge.
7.8 If the Customer fails to comply with any provisions in this Agreement which causes any wasted journey having been commenced by the Company or by its subcontractor (where the Company or its subcontractor has as a result of the Customer’s failure, been unable to provide the Service) the Company reserves the right to charge the wasted journey in accordance with Clause 4.7.
8. Termination and Damages
8.1 The Company may immediately terminate this Agreement at any time by notice in writing to the Customer in the event of:
8.1.1 the Customer being in arrears of any payment due under this Agreement; or
8.1.2 the Customer being in breach of the terms of this Agreement; or
8.1.3 the Customer making or proposing to make any voluntary arrangement with its creditors, being the subject of an administration order or being the subject of any bankruptcy petition or order or winding up petition or order or convening a meeting for its voluntary liquidation; or
8.1.4 the Customer causing or unreasonably allowing a health and safety risk to arise which was not present on the original risk assessment carried out by the Company prior to the Service Commencement Date.
8.2 In the event the Agreement is terminated for any reason, the Company shall recover the Equipment with any applicable recovery costs to be borne by the Customer
9. Indemnity and Liability
9.1 Subject to clause 9.2 each party (“the Indemnifying Party”) shall indemnify the other party against all claims, losses and expenses arising through any negligent act or omission of the Indemnifying Party, its employees and agents, or breach by the Indemnifying Party of the terms of this Agreement, and/or (in the case of the Customer only) arising because of any substance, article or thing placed in the Waste.
9.2 Subject to clause 9.4 the Company shall not be liable for any indirect claim, damage or loss (for the avoidance of doubt including but not limited to any claim for loss of profits), and whether caused by the negligence of the Company, its agents or employees, or as a result of any representation or condition or other term, or any duty at common law, or under the express terms of this Agreement, or otherwise.
9.3 Notwithstanding Clause 9.1:
9.3.1 the Company shall not be liable to the Customer for any damage caused to the Premises by the Company or its subcontractors’s vehicles and equipment arising from inadequate construction of the Premises for the weight or type of vehicles and equipment used by the Company or its subcontractors in providing the Service; and
9.3.2 the Company shall not be liable to the Customer, or be deemed to be in breach of this Agreement, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations under this Agreement, if any delay or failure was due to any cause beyond the Company’s reasonable control.
9.4 The Company does not exclude liability for death or personal injury.
10. Miscellaneous Provisions
10.1 Subject as expressly provided in this Agreement all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby and shall remain in full force and effect.
10.3 Any notice required to be given by the Customer under this Agreement must be:
10.3.1 in writing on the Customer’s own letterhead and signed by the Customer itself; and
10.3.2 served on the Company by the Customer itself . For the avoidance of doubt, the Customer shall not be permitted to appoint any 3rd party agent or similar to serve notices on its behalf and shall not be deemed served unless proof of receipt by an authorised officer is produced.
10.4 No term or provision of this Agreement shall be considered as waived by a party unless a waiver is given in writing by that party.
10.5 Terms defined on the Service Agreement and Duty of Care Waste Transfer Note shall have the same meaning in these terms and conditions.
10.6 Any reference to any law, regulation or order shall include any re-enactment, amendment or modification thereto.
10.7 No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.
10.8 The Company shall be entitled to assign this Agreement to another party (including its own group companies) but the Customer shall be prohibited from assigning this Agreement to any other party whatsoever.
10.9 The Customer undertakes to the Company to keep confidential the existence of this Agreement and any information in relation to this Agreement. The information which the Customer provides to the Company may be used by the Company for direct marketing purposes and to let the Customer know about other products and services offered by the Company. If the Customer does not wish to receive such information, then the Customer should write to the Marketing Department at the Company’s Head Office.
10.10 This Agreement shall be governed by the laws of England and the courts of England and Wales shall have exclusive jurisdiction.