Terms & Conditions

1. ENTIRE AGREEMENT

THESE TERMS AND CONDITIONS form a binding agreement between us (Agreement) and exclude and supersede the Customer’s terms of business or other communications/documents exchanged between us. These further exclude and supersede any terms that are implied by trade, custom, practice or course of dealing unless otherwise agreed in writing by us. The Customer acknowledges that it has not relied on any statement, promise or representation made by us or on our behalf which is not set out in this Agreement. Nothing in this Agreement shall prejudice any condition or warranty, express or implied, or any legal remedy to which the either party may be entitled in relation to the Services, by virtue of any statute, law, or regulation. Any reference in this Agreement to any legislation, statute, regulation, or provision thereof shall be construed as a reference to that legislation, statute, regulation, or provision as amended, enacted, or extended from time to time.

2. DEFINITIONS

2.1   Defined terms when used in this Agreement shall have the following meanings:

1. extended Hire Period charges;
2. waste journey fees; and
3. charges for Restricted Items (not quoted for at the time of placing an Order) found in Containers.

3.1 The Hire Period shall commence on the date on which the Container is delivered to the Customer at the Delivery Point. Where Services only are to be provided, this Agreement shall commence on the date of acceptance by the Contractor of the Order placed for such Services.

3.2. The Hire Period shall end on the earlier of:

• the Working Day immediately following the day on which the Customer emails the Contractor to inform Us that the Container is available for collection from the Delivery Point at any time before expiry of the Hire Period, or
• the expiry of the Hire Period agreed with the Customer at the time of placing an Order or any extension of the Hire Period agreed by the Contractor and for which payment has been made by the Customer.

The Contractor shall use reasonable endeavours to deliver and/or collect the Container to and/or from the Delivery Point by the date and time agreed between the parties. The Contractor shall not be in breach of this Agreement nor liable for delay in performing, or failing to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the Contractor shall be entitled to a reasonable extension of time for performing such obligations at the Contractor’s discretion.

5. PAYMENT TERMS 

6. RECYCLED AGGREGATES

6.1 The supply of Recycled Aggregates by the Contractor to a Customer is strictly subject to availability of the type and specification of Recycled Aggregate at the time an Order is placed by the Customer.

1. Recycled Aggregates are a variable product and the Contractor accepts no liability (direct or indirect) for the specification, quality and/ or ultimate use by the Customer of any Recycled Aggregate that the Contractor supplies;
2. The Contractor does not warrant or undertake that Recycled Aggregate supplied by it meets any quality protocol applicable to aggregates arising from inert waste or otherwise;
3. The Customer is responsible for testing and determining the suitability of any Recycled Aggregate supplied by the Contractor for any use that the Customer intends for such material and the Contractor accepts no liability for such testing or suitability of the same.

7. MUCK AWAY

7.1 Unless agreed in writing in an Order, the Contractor does not undertake “all risk”, “lump sum” or “contract” Muck Away works.

7.2 The Contractor shall quote for Muck Away work based on current available tip prices and expressly reserves the right to renegotiate such tipping rates at any time prior to delivery of the quoted Services in the event that the tipping rates quoted are increased outside the Contractor’s control.

7.3 All quotations for Muck Away Services are priced on a “per load” basis subject to a maximum aggregate tonnage for each Muck Away project/piece of work quoted and specified in an Order (Maximum Tonnage).

7.4 The Contractor accepts no liability and/or counter charges if the volume of Muck Away material removed by the Contractor exceeds any tonnage/capacity allowances made by the Customer in its own tendering process.

7.5 The Customer acknowledges and undertakes to the Contractor that: 

• all loads which leave the Customer’s site in a Contractor’s vehicle shall be safely loaded and shall not exceed the maximum legal gross laden weight of such vehicle;
• the material removed does not have any visual contaminants or deleterious matter included, and is as per the soil report provided, or the duty of care description provided by the Customer to the Contractor given in instances where a soil report is not available;
• the description of, and the EWC code applied to, the Muck Away material being removed as specified on each waste transfer note/ticket is accurate and that all material removed as part of the Services complies with this waste description;
• the Contractor assumes no liability for any loss (howsoever arising) incurred by the Customer for any delay in the Contractor providing any Muck Away Services and the Customer shall indemnify the Contractor for any and all liability that the Contractor incurs (howsoever arising) as a result of a breach by the Customer of any of its undertakings set out in this section 7.5.

Note: not all disposal facilities are obliged to produce physical disposal/tip tickets by the Environment Agency and so in instances where Muck Away material is disposed of at any such facility, we will aim to obtain a letter confirming the relevant waste transfer note/ticket numbers were disposed of at the particular disposal facility used.

9. CUSTOMER OBLIGATIONS

9.1 The Customer acknowledges that each Container shall be under the control of the Customer at all times, from delivery to, and collection from, the Delivery Point (or the Customer’s site if different). The Customer shall indemnify the Contractor for any loss or damage to any Container suffered or incurred by the Contractor whilst a Container is in the possession or control of the Customer.

• ensure that any Container is used safely and without risk to health or the environment by competent and trained personnel, as the case may be;
• ensure that any Container is not used for any purpose for which it is not designed or reasonably suitable;
• comply with any conditions regarding the safe use or storage of the Container as prescribed by the Contractor, current regulations and/or industry guidelines; and
• be responsible for obtaining and maintaining all consents, licenses and permits required for the provision of the Services as prescribed by legislation or regulation and shall provide the Contractor with copies of such consents on request by the Contractor, and any costs arising out of or in connection with compliance with this condition shall be met solely by the Customer.

9.9 It is the responsibility of the Customer to notify the Contractor at the point of placing an Order that the Delivery Point is located on a public highway, including a verge adjacent to a public highway.

9.10 Subject to the Customer complying with its obligations in section 9.9 above and subject to paying the Contractor for the cost of obtaining a permit to place a Container on the public highway, the Contractor shall obtain from the relevant local authority and shall maintain any permits for placing a Container on a public highway or verge.

9.11 The Contractor shall use reasonable endeavours to have such permits in place before the scheduled date for delivery of any Container to be located on or adjacent to the public highway.

9.12 The Contractor will supply lights with each Container to be located on the public highway. It is the responsibility of the Customer to ensure that these lights are fitted and are on and visible on the Container each night during the Hire Period.

9.13 Customers requesting for the Contractor’s vehicle to deliver a Container to a Delivery Point that is not on a public highway shall be liable for any damage or loss incurred by the Contractor in reaching and delivering to such Delivery Point and shall indemnify the Contractor for and in respect of any damage, loss or expenses incurred by it in delivering to, or collecting from, any such Delivery Point.

9.14 The Customer is responsible for ensuring that the Container does not constitute a nuisance to any third party, and that the location and use of the Delivery Point does not breach any statute, regulation, order or bye-law from time to time in force and will not result in the Contractor causing or likely to cause any act of trespass on another person’s land or property.

9.15 The Customer will keep the Container insured against loss, damage or theft during the Hire Period (and any extended period that the Container is located on the Customer’s premises) and will produce evidence of such insurance to the Contractor if requested to do so, who shall be entitled to withhold delivery of the Container until evidence is so received.

9.16 The Customer will not move or attempt to move or allow any third-party to move or attempt to move the Container from the Delivery Point once delivered.

9.17 The Customer will keep the Container in its sole possession and will not lend the Container or sublet it to any person or otherwise part with possession or control of it in any way. The Customer acknowledges that the Container always remains the property of the Contractor and will not in any circumstances be sold or used as security by the Customer. The Customer will not permit any lien to be created on the Container or pledge the Contractor’s credit for repairs to it. 

 10. LIMITATION OF LIABILITY

10.1 The Customer will indemnify the Contractor against any and all losses, damages or expenses incurred by the Contractor arising from a breach by the Customer of any of its obligations hereunder, including but not limited to the theft of or total loss or damage to, the Container whilst in the Customer’s possession or control.

10.2 The Customer will keep the Contractor indemnified against all liabilities, expenses. costs (including but not limited to any solicitors' or other professionals' costs and expenses, claims, damages and losses suffered or incurred by the Contractor arising out of or in connection with any breach of this Agreement, or any act or omission of the Customer or any person with its actual or implied authority.

10.3 The liability of either party to the other under this Agreement shall be capped at £50,000, unless otherwise increased by agreement between the parties at the time of placing the Order.

11. GENERAL

11.1 If any term or provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision.

11.2 Failure by either party to enforce at any time or for any period any one or more of the terms of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce this Agreement.

11.3 Each Order made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any default in delivery of any other instalment.

11.3 This Agreement, and any dispute or claim arising out of or in connection with or the subject matter or formation shall be governed by and construed in accordance with the law and jurisdiction of England and Wales and its courts.

SCHEDULE 1

RESTRICTED ITEMS

The following are restricted Items of waste that cannot be placed in a Container unless with the prior agreement of the Contractor and on prior payment of the prevailing charges for disposal of such restricted items.

The Contractors shall be entitled to charge the Customer, who shall be obliged to pay immediately, any and all Surcharges at the prevailing rate (from time to time) as notified to the Customer by the Contractor for any and each Restricted Item recovered from a Customer’s Container once tipped at the Contractor’s site or at the site of a third-party used by the Contractor.

• Asbestos Containing Materials
  (Including but not limited to):
  • Asbestos sheeting (roof and cladding)
  • Downpipes, hoppers & guttering
  • Pipe lagging & rope
  • Gaskets and behind fuse boxes
  • Asbestos insulating board soffits
  • Airing cupboard and sprayed insultation
  • Textured coatings
  • Vinyl floor tiles
    
    
• Gas bottles or Aerosols
• Batteries (any types)
• Large items of Waste Electrical and Electronic Equipment (WEEE)
  (Including but not limited to)

• Fridges
• Freezers

• Liquid Wastes
  (Including but not limited to)
  • Oils (cooking, engine etc)
  • Paints (with liquid still in the cans)
  • Thinners
  • Varnishes
  • Solvents
  • Any chemicals
  • Mastic-tubes
• Domestic Upholstered Seating (POPs)
  (Including but not limited to)
  • Sofas
  • Armchairs
  • Sofa beds
    
    
• Treated Wood
  (Including but not limited to)
  • Telegraph Poles
  • Railway Sleepers

• TVs, Computer Monitors & consoles
• Tyres
• Plasterboard, plaster-mix
• Fluorescent Tubes
• Mattresses

The Contractor reserves the right to update this Restricted Items list as and when required.