1.0 DEFINITIONS
1.1 “WasteCare” and “WasteCare.co.uk” mean Wastecare Ltd., registered office, Argent House, Tyler Close, Normanton, WF6 1RL and includes such subsidiary companies of Wastecare Group Ltd. as may participate in the performance of the contract.
1.2 “Client” means the person, firm or company or other trading organisation to which the services are supplied subject to these conditions.
1.3 “The Service” means:
(a) Removal of Waste and materials and any subsequent treatment, disposal, or recovery
(b) Supply of any equipment, containers etc. for use by the client as part of the service in (a) above.
(c) Processing includes the loading operations associated with (a) above, transport, decontamination and any other handling operation associated with (a) above.
1.4 “Waste Materials” means waste material that you instruct us to collect.
1.5 “Hazardous” means Materials that contain hazardous substances as defined by The Waste (England and Wales) Regulations 2011 or subsequent equivalent regulations.
1.6 “The Contract” means the Contract for the provision of the Service by WasteCare to the Client.
1.7 “Schedule of Current Charges”. To be found on WasteCare’s current website.
1.8 “Single Hazardous Waste Consignment Note” and “Multiple Hazardous Waste Consignment Note” means a Consignment Note under The Waste (England and Wales) Regulations 2011 in England and Wales, under the Special Waste Regulations 2004 in Scotland and under The Hazardous Waste Regulations (Northern Ireland) 2005 in Northern Ireland or subsequent equivalent regulations.
1.9 “Waste Transfer Note” means a note under The Waste (England and Wales) Regulations 2011 or subsequent equivalent regulations. “Transport Note” means the collection and / or delivery of products and / or services.
2.0 PAYMENT
2.1 All sums due are payable within 30 days of the date of invoice.
2.2 WasteCare will be entitled to charge interest and fixed fees on overdue invoices under the Late Payment of Commercial Debts (Interest) Act 1998
2.3 Additional site visits for the collection or the supply of containers or equipment can be made at the customer’s request but will be subject to additional charges as set down either in the Contract or on WasteCare’s Schedule of Current Charges.
2.4 Unless agreed in writing prior to collection then WasteCare’s analysis of the type of Waste Material will be binding in any calculation of material credits.
3.0 CLIENT OBLIGATIONS
3.1 The Client will comply with the Control of Pollution Act 1974, The Environmental Protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.
3.2 The Client will, prior to collection, supply WasteCare with any data or information which WasteCare considers necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.
3.3 The Client shall hold harmless and indemnify WasteCare, its directors, officers and employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract or of a breach of legal requirements by the client.
4.0 WASTECARE OBLIGATIONS
4.1 WasteCare agrees at all times to:
(a) carry out the services with reasonable skill and care;
(b) comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, treatment and recycling of the materials listed in clause 1.4 of the Contract. In this respect WasteCare warrants that it is (i) the holder of a current and valid Waste Management License pursuant to Section 35 of the Environmental Protection Act 1990 and (ii) a properly registered carrier of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989;
(c) engage as collection agents only (1) properly registered carriers of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989 and (2) to carefully supervise all activities of such collection agents in connection with the Contract.
Limits of Liability
4.2.1 WasteCare’s liability for any breaches of contract or duty of care owed to the Client will be strictly limited to direct losses and will not extend to any consequential loss and capped to the maximum referred to at clause 4.2.2.
4.2.2 For each contract WasteCare’s liability for loss or damage will be limited to the costs of the Service.
4.2.3 Wastecare will only be liable for claims made in writing to their registered office within 14 days (including weekends and Bank holidays) of the date of the provision of the Service.
4.3 In the event of a suitable, safe access point from which to collect the Waste Material not being available, then WasteCare reserves the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then WasteCare shall not be liable for any damage caused by the operation of transporting the Waste Material to a suitable, safe access point.
5.0 CONDITIONS
5.1 No variations or alterations of these conditions shall be binding on WasteCare unless agreed in writing by, or on behalf of, WasteCare by a Director. All orders by the Client for the Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these conditions. Performance of the Services by WasteCare shall be deemed conclusive evidence of the Client’s acceptance of these Conditions.
6.0 TERMS
6.1 Times and Dates quoted by WasteCare for undertaking the Services are intended as estimates only and will not be of the essence of the Contract in this respect.
6.2 Unless agreed otherwise in writing, all prices quoted to the Client are exclusive of Value Added Tax, or any similar tax levied by the Government on the value of services, which shall be added to the invoice and paid by the Client.
6.3 All prices quoted to the Client are exclusive of local government and Central Government fees or any other similar charges so levied on the Handling and Disposal of Waste. These charges will be added to the invoice and paid by the Client.
WasteCares Right to Claim Additional Demurrage
6.4 Wastecare reserves the right to charge for demurrage at the rates set out in the Schedule of Current Charges. Additional Demurrage will be charged if the Waste Material is not available within 15 minutes of the scheduled collection time.
7.0 VALIDITY
7.1 If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable, in whole or in part, these Terms and Conditions will continue to be valid as to all other provisions and the remainder of the provision.
7.2 These terms and conditions may be updated from time to time. The latest version will be posted on www.wastecare.co.uk and will be valid at the time of posting.
8.0 WAIVER
8.1 No waiver or forbearance by WasteCare or the Client whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in future.
9. JURISDICTION
9.1 These Terms and Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
10. MISLEADING DESCRIPTION BY THE CLIENT
10.1 The Estimate given by WasteCare is based on the Client’s description of the Waste Material. If this description is, in WasteCare’s reasonable opinion, inaccurate or misleading (whether in relation to the content or volume or weight) then WasteCare have the right to make additional charges at their sole discretion.