Terms and Conditions of Sale
1.1 These conditions apply to all agreements for the supply of services by Raymond Brown Waste Solutions (RBWS), a division of Raymond Brown Minerals & Recycling Ltd and supersede any previous terms and conditions. No additions or modifications to or terms inconsistent with these Conditions shall be binding upon RBWS unless specifically agreed in writing by RBWS.
1.2 RBWS may require a credit application from the Customer and in processing the credit application the Customer consents that RBWS may make enquiries of credit reference agencies or other sources, who may keep a record of RBWS enquiry and that RBWS may use any information obtained for the purposes of risk assessment, fraud prevention and for occasional debt tracing.
1.3 The rights and obligations of the Customer under this agreement shall be personal and shall not be assignable without the express consent of RBWS.
1.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
2.1 The agreement shall commence on the Commencement Date and shall continue unless terminated in accordance with this agreement.
2.2 The service shall commence with effect from the date agreed between the parties.
3. PAYMENT TERMS
3.1 The charge will be calculated as stated overleaf. The amounts stated overleaf are exclusive of VAT and the Customer shall pay all sums due in respect of VAT in accordance with the invoice for the Service. RBWS will ensure that each invoice for the Service contains adequate details of the VAT charged.
3.2 All payments for the Service shall be due and payable within 30 days of the date of invoice for the Service. All payments made by the Customer under this agreement shall be made in full without any set-off or counter-claim whatever and the time of payment shall be of the essence of this agreement,
3.3 Any sums which are not paid by the due date shall thereafter attract interest on a daily basis at a rate of 4% per annum above the base lending rate for the time being of Bank of England. Without prejudice to RBWS other rights in respect thereof, if the Customer defaults in payment by the due date of any amount invoiced for the Service. RBWS shall be entitled to withhold further performance of this agreement until all arrears have been discharged by the Customer.
3.4 The Customer shall not be entitled to dispute any payment made. The Customer agrees that RBWS records will be proof of the Service provided.
4.1 RBWS shall have the right to increase the Charge at any time to take account of any variation in RBWS’ costs including (but not limited to) variation in wages, disposal costs, administration costs, cost of materials and equipment, fuel costs, taxes, duties and cost of compliance with Relevant Legislation. RBWS shall endeavour to give the Customer not less than one calendar month’s notice of any variation of the Charge under this Clause but notwithstanding this the Customer shall be liable to pay any increase from the date specified in the notice.
5. DELIVERY ACCESS UNLOADING AND RETURN
5.1 The equipment shall be delivered to the Site in the quantity specified on order.
5.2 The Customer shall provide suitable access to the Site, a suitable area for siting the Equipment and suitable facilities for turning the Vehicle around.
5.3 The driver of the vehicle may in his absolute discretion refuse delivery if he believes that access to the Collection Site or turning facilities are unsafe or likely to cause damage to the Vehicle or if there is any reason to believe that the proposed area for siting the Equipment is unsuitable. In this case a wasted journey cost will be charged.
5.4 Subject to Clause 9.2 the Customer shall be responsible for the safety of any person (including the employees and agents of RBWS whilst on or about the Site.
6. PERFORMANCE DATES AND FORCE MAJEURE
6.1 Without prejudice RBWS shall have no liability for any delay or default in the provision of the Service caused directly or indirectly by breakdown or unavailability of Equipment or Vehicles inability to obtain labour or any other causes beyond RBWS’ reasonable control.
7.1 Risk of any loss or damage to the Equipment shall pass to and remain with the Customer from the time when the Equipment first arrives at the Site, except where the loss or damage arises from the negligence or wilful default of RBWS, its employees, agents or sub-contractors.
8. EMPTYING REPLACEMENT AND REMOVAL
8.1 The Customer shall at all times allow RBWS, its employees or agents access to the Equipment to empty or replace it and on the termination to remove it from the Site.
8.2 All Waste deposited in the Equipment shall become the property of RBWS from the time when RBWS empties or replaces the Equipment PROVIDED THAT this Clause shall not absolve the Customer from any liability or responsibility in relation to the Waste.
9. EQUIPMENT LOADING
9.1 The Customer will conform to any statutory enactments and regulations and bye-laws and regulations of local or other statutory authorities which apply to the Equipment.
9.2 The Customer shall not:
9.2.1 overload or overfill the Equipment, or
9.2.2 set fire to the contents of the Equipment; or
9.2.3 interfere with the mechanism of the Equipment; or
9.2.4 add or attach to the Equipment any painting, sign, writing, lettering or advertising
9.3 All Equipment provided shall remain the property of RBWS and the Customer will have no rights to the Equipment. The Equipment must only be used by the Customer and must be kept at the Site. The Customer shall have no right of lien over the Equipment.
9.4 The Customer has agreed that the Equipment is suitable to contain and transport the Waste in the quantities specified. RBWS relies on the Customer’s advice as to the quantity and weight of Waste involved in the provision of the Service.
10.1 The Customer and RBWS shall each sign a new Transfer Note: It is an offense to overload skips or to set fire to materials in the skip. Any damage caused to skips will be charged to the hirer, the minimum charge will be £100. The skip hirer is responsible for the lighting of a skip on a license and safety of the cones and lights. Hirers ordering vehicles off the public highway do so entirely at their own risk.
10.2 RBWS will be entitled to refuse to deal with any material:
10.2.1 which has reason to believe is toxic, poisonous, explosive, inflammable or otherwise dangerous; or
10.2.2 the handling of which may cause RBWS to incur civil or criminal liability; or
10.2.3 which it has reason to believe is or may be a Special Waste; or
10.2.4 the disposal of which might involve RBWS in additional expense or an unreasonable amount of extra work
11.1 RBWS will use all reasonable endeavours to satisfy itself that any Disposal Site at which the Customer’s Waste is disposed of is operated in accordance with statutory requirements where such Disposal Site is not operated by RBWS. However, RBWS accepts no liability whatsoever for any third party’s failure so to operate.
12. LIABILITIES OF THE CUSTOMER
12.1 During the agreement the Customer shall make good to RBWS all loss of or damage to the Equipment (fair wear and tear excepted).
12.2 Subject to Clause 9, the Customer shall indemnify and hold RBWS harmless against any injury, demands, actions, costs, charges, expenses, loss damage or liability to any persons or property arising from:
12.2.1 any act omission or negligence of the Customer its agents or employees; or
12.2.2 the provision of the Service
12.3 If the Customer requests that the Equipment be placed in a position which requires the Vehicle to leave the public highway the Customer shall indemnify and hold RBWS harmless against any loss costs claims damages or expenses which RBWS may thereby incur whether as a result of damage to the Vehicle, the Equipment, the property of the Customer or a third party including damage to the road margin or pavements.
12.4 The Customer shall maintain insurance cover in respect of this indemnity and shall at the request of RBWS provide a copy of the insurance policy as proof of maintaining such cover.
13.1 RBWS reserves the right to amend this agreement as it considers necessary to comply with statutory requirements from time to time or any change in legislation governing the collection transport and disposal of Waste and will notify any such amendment to the Customer as soon as practicable.
14.1 Any proposal acceptance agreement authority permission or notice referred to in this agreement shall be:
14.1.1 in writing; and
14.1.2 given to the party for whom it is intended at the address for that party as set out in this agreement, or such address as is notified to the other party for that purpose; and
14.1.3 given by post or e-mail and shall be deemed to have been received two Working Days after the date of posting or one Working Day after the date of e-mail as the case may be.
15. GOVERNING LAW
15.1 This agreement shall be governed by and construed in accordance with the Laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
15.2 Any reference to any Act of Parliament Regulation or Order shall include any re-enactment, amendment, replacement or modification thereof.
16.1 No time indulgence or relaxation on the part of RBWS shown or granted in respect of any of the provisions of this agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of RBWS under this agreement or operate as or be a waiver of any breach by the Customer of the terms of this agreement.
In these Conditions the following words and expressions shall have the following meanings:
“Charge” means the total amount payable for the Service in respect of the Collection Charge, Daily Rental and Delivery Charge.
“Charge per tonne” means the amount per tonne of Waste Collected in any lift.
“Disposal Site” means the site or sites further particulars of which are set out overleaf.
“Equipment” means each and every item of waste disposal equipment hired out by RBWS to the Customer, including containers.
“Relevant Legislation” means any statute, European Community Directive or the requirements of any government department, local authority or other public or competent authority and guidelines contained in government waste management papers and codes of practice issued by the government for the waste disposal industry and which are relevant to the parties’ obligations under this agreement.
“Service” means the provision of Equipment and a Transfer Note (or any other document required for the lawful storage, collection, transportation and disposal of Waste), collection of Waste, transport of Waste disposal of Waste or any part thereof as agreed between RBWS and the Customer.
“Special Waste” means a special waste as defined in the Special Waste Regulations 1996.
“Transfer Note” means the current controlled waste descriptions and transfer note completed by the Customer and RBWS pursuant to the provisions of the Environmental Protection Act 1990 and regulations made there under which relates to the Waste covered by this agreement.
“Vehicle” means each and every vehicle owned or operated by RBWS, its agents or sub-contractors which visits any Collection Site to deliver, empty, replace or remove Equipment.
“Waste” means the waste further particulars of which are set out overleaf or in any current Transfer Note applicable to this agreement.
“Working Day” means a day (excluding Saturday and days where local holidays to not coincide with public/bank holidays) on which banks in London are open for general business.