CUSTOMER TERMS AND CONDITIONS
(NB. Please scroll down for Haulier Ts & Cs)
1. Definitions
“Business Day” means Monday to Friday inclusive, excluding Bank holidays. “Collection” means act of collecting agreed product. “Company” means Wastecom-nrg. “Contract” means the written contract for supply of product in the form of a quotation or agreement, inclusive of Product specification. “Contractor” means 3rd person or business performing duties pertaining to the Contract on behalf of the Company. “Customer” means Supplier or Receiver of Product “Haulage” means vehicle/vessel commissioned to perform collection. “Haulage Rate” means monetary value for Haulage. “Party(s)” means the Company, Receiver, and/or Supplier as listed in the Contract. “Product” means agreed substance to be supplied as per contract. “Receiver” means person(s)/facility named in the Contract to receive the
Product. “Supplier” means the person(s)/facility named in the Contract to supply Product to Wastecom-nrg.
2. Application and Entire Agreement
2.1 These Terms and Conditions will be deemed to have been accepted by the Customer when the Customer accepts them or the Contract or from the date of first collection/receipt (whichever happens earlier).
2.2 These Terms and Conditions and the Contract (together the Entire Agreement), apply to all transactions between Parties, to the exclusion of any other terms that the Customer may try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Interpretation
3.1 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
3.2 Words imparting the singular number include the plural and vice-versa.
4. Basis
4.1 No variation to these Terms will be valid unless agreed in writing between the Company and the Supplier.
4.2 The Supplier will supply Product to the Company as set out in the Contract.
4.3 Product will be supplied to the Company by the Supplier at agreed rate. Agreed rate must be confirmed in writing by the Company.
4.4 Product must be to the quality agreed in the Contract.
5. Service
5.1 In the case of the Company arranging Haulage of the Product, the Supplier will notify the Company of details for Collections on the Thursday (AM) of the week prior to collection.
5.2 Any changes to Collection details/availability must be communicated to the Company as soon as possible via telephone, and confirmed by email by the Supplier. (In the case of cancellations, less than 24hrs notice will incur a cancellation charge to the value of the Haulage Rate for the collection).
5.3 Inability of the Receiver to accept the product as agreed must be communicated to the Company as soon as possible via telephone, and confirmed by email by the Receiver. (In the case of cancellations, less than 24hrs notice will incur a cancellation charge to the value of the Haulage Rate for the collection).
5.4 The Supplier will be held financially liable for Product that is rejected or downgraded due to not meeting standards/specifications agreed in the Contract. This will include the Supplier paying for Haulage and disposal fees for the affected load.
5.5 Unless there is prior agreement (confirmed by email), a loading or tipping time exceeding 2 hours will be deemed excessive, and attract a waiting fee of £45 per hour at the beginning of each hour commencing at the beginning of the 2nd hour.
5.6 The Customer will provide all quality and compliance documentation as and when requested by the Company.
6. Price
6.1 The price of the Product is set out in the Contract current at the date of your order or such other price as the Parties may agree in writing.
6.2 You may be entitled to discounts. Any and all discounts will be at the Company’s discretion.
6.3 The price is exclusive of VAT and other taxes or levies which are imposed or charges by any competent authority.
7. Payment
7.1 Invoices will be issued on or any time after collection/receipt of Product.
7.2 The Customer will pay the Company on 30 days of invoice or otherwise according to any credit terms agreed in writing between Parties and as per the terms detailed on the invoice.
7.3 The Company will pay the Customer 30 days from invoice or otherwise according to any credit terms agreed in writing between Parties, which must be accompanied by relevant weighbridge tickets to be a valid claim for payment.
7.4 If the Customer does not pay within the period set out above the Company may suspend any further collection/receipt of Product and without limiting any rights or remidies for statutory interest, charge interest at the rate of 8% per annum over Lloyd’s TSB minimum lending rate from time to time on the amount outstanding until paid in full.
7.5 Time for payment will be of the essence of the Contract between both Parties.
7.6 Any disputes must be raised in writing to the Company within 14 days from date of invoice.
7.7 The Customer must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither Party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
8. Non-disclosure
8.1 By entering in to this contract, the Customer acknowledges that all collection and delivery details, including rates, are solely for use between the Company and the Customer, and must not be divulged to any 3rd parties, unless the 3rd party has legal entitlement.
8.2 The Customer agrees that as a Supplier they will not approach the Receiver provided by the Company (either directly or indirectly), nor as a Receiver will they approach the Supplier provided by the Company (either directly or indirectly), during the term of the Contract.
9. Termination
9.1 The Company can terminate the supply/receipt of Product under this Contract where: a. the Customer commits a material breach of their obligations under these Terms and Conditions; b. the Customer is, or in the Company’s reasonable opinion, is about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; c. the Customer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with their creditors; or d. the Customer convenes any meeting of their creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of their assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by the Customer or any of their directors or by a qualified floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Customers affairs or for the granting of an administration order, or any proceeding are commenced relating to the Customers insolvency or possible insolvency.
10. Liability
10.1 A Party is not liable for failure to perform the Party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No Party is entitled to terminate the Contract in such circumstances.
10.2 The Company will not be responsible for costs or damages caused by Contractors performing duties on behalf of the Company at Customer’s premises. Negotiations for such payments will be entered into directly between the Customer and the Contractor.
10.3 As per section 3.2 and 3.3, the Customer will be liable for late cancellation fees.
10.4 As per section 3.4, the Supplier will be liable for costs incurred through supplying Product inferior to agreed specifications.
10.5 As per section 3.5, the Customer will be liable for waiting time charges in the case of unreasonable delays in loading or tipping.
10.6 The Company’s total liability will not, in any circumstances, exceed the total amount of the price payable by the Customer.
10.7 The Company will not be liable (whether caused by our employees, agents or otherwise),
for: a. any indirect, special or consequential loss, damage, costs or expenses; and/or b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or c. any failure to perform obligations if such delay or failure is due to any cause beyond the Company’s reasonable control; and/or d. any losses caused directly or indirectly by any failure or breach by the Customer in relation to their obligations; and/or e. any loss relating to the choice of the Product and how this meets the Customers purpose or the use by the Customer of the Product supplied.
10.8 The exclusions of liability contained within this clause will not exclude or limit the Company’s liability for death or personal injury caused by the Company’s negligence; or for any matter for which it would be illegal for the Company to exclude or limit its liability; and for fraud or fraudulent misrepresentation.
11. Communications
11.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the Party giving notice (or a duly authorised officer of that Party).
11.2 Notices will have been deemed as duly given: a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; c. on the fifth business day following mailing, if mailed by national ordinary mail; or d. on the tenth business day following mailing, if mailed by airmail.
11.3 All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other Party.
12. No Waiver
12.1 No waiver by the Company of any breach of these Terms and Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13. Severance
13.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
14. Law and jurisdiction
14.1 These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
HAULIER TERMS AND CONDITIONS
(NB. Customer Ts & Cs are detailed above)
1. Definitions
“Business Day” means Monday to Friday inclusive, excluding Bank holidays. “Collection” means act of collecting agreed product. “Company” means Wastecom-nrg. “Contract” means the written contract for supply of product in the form of a quotation or agreement, inclusive of Product specification. “Contractor” means 3rd person or business performing duties pertaining to the Contract on behalf of the Company. “Customer” means Supplier or Receiver of Product. “Haulage” means vehicle/vessel commissioned to perform collection. “Haulage Rate” means monetary value for Haulage. “Haulier” means supplier of Haulage. “Party(s)” means the Company, Receiver, and/or Supplier as listed in the Contract. “Product” means agreed substance to be supplied as per contract. “Receiver” means person(s)/facility named in the Contract to receive the Product. “Supplier” means the person(s)/facility named in the Contract to supply Product to Wastecom-nrg.
2. Application and Entire Agreement
2.1 These Terms and Conditions will be deemed to have been accepted by the Haulier when the Haulier accepts them or the Contract or from the date of first collection/receipt (whichever happens earlier).
2.2 These Terms and Conditions and the Contract (together the Entire Agreement), apply to all transactions between Parties, to the exclusion of any other terms that the Haulier may try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Interpretation
3.1 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation. 3.2 Words imparting the singular number include the plural and vice- versa.
4. Basis
4.1 No variation to these Terms will be valid unless agreed in writing between the Company and the Haulier.
4.2 The Haulier will supply services to the Company as agreed in the Contract.
4.3 Services will be supplied to the Company by the Haulier at agreed rate. Agreed rate must be confirmed in writing by the Company.
4.4 Collection and delivery services must be performed by the Haulier as instructed by the Company.
5. Service
5.1 The Haulier will recognise the day specific nature of the collections and deliveries, and advise the Company immediately if these are jeopardized for any reason.
5.2 The Haulier will confirm completion of deliveries and collections within two working days following the scheduled collection and delivery date.
5.3 The Haulier will advise the Company immediately (whilst on Customer’s site) of any delays or deviations from collection or delivery plan.
5.4 Unless there is prior agreement (confirmed by email), a loading or tipping time exceeding 2 hours will be deemed excessive, and attract a waiting fee of £40 per hour at the beginning of each hour commencing at the beginning of the 2nd hour.
5.5 The Haulier will supply the Company with quality and compliance documentation, as and when requested.
6. Price
6.1 The price of the Product is set out in the Contract current at the date of your order or such other price as the Parties may agree in writing.
6.2 The price is exclusive of VAT and other taxes or levies which are imposed or charges by any competent authority.
7. Payment
7.1 The Haulier will invoice the Company in the week after the services were performed.
7.2 The Company will pay the Haulier 30 days from invoice, which must be accompanied by relevant weighbridge ticket(s) to be a valid claim for payment.
8. Non-disclosure
8.1 By entering in to this contract, the Haulier acknowledges that all collection and delivery details, including rates, are solely for use between the Company and the Haulier, and must not be divulged to any 3rd parties, unless the 3rd party has legal entitlement.
8.2 The Haulier agrees that they will not contact the Supplier or Receiver for the purpose of business dealings unless sanctioned by the Company.
9. Termination
9.1 The Company can terminate the Haulage of Product under this Contract where; a. the Haulier commits a material breach of their obligations under these Terms and Conditions; b. the Haulier is, or in the Company’s reasonable opinion, is about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; c. the Haulier enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with their creditors; or d. the Haulier convenes any meeting of their creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of their assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by the Haulier or any of their directors or by a qualified floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Hauliers affairs or for the granting of an administration order, or any proceeding are commenced relating to the Hauliers insolvency or possible insolvency.
10. Liability
10.1 A Party is not liable for failure to perform the Party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No Party is entitled to terminate the Contract in such circumstances.
10.2 The Company will not be responsible for costs or damages caused by Customers whilst performing duties on behalf of the Company at Customer’s premises. Negotiations for such payments will be entered into directly between the Customer and the Haulier.
10.3 The Company will not be liable (whether caused by our employees, agents or otherwise),
for: a. any indirect, special or consequential loss, damage, costs or expenses; and/or b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or c. any failure to perform obligations if such delay or failure is due to any cause beyond the Company’s reasonable control; and/or d. any losses caused directly or indirectly by any failure or breach by the Haulier in relation to their obligations.
10.4 The exclusions of liability contained within this clause will not exclude or limit the Company’s liability for death or personal injury caused by the Company’s negligence; or for any matter for which it would be illegal for the Company to exclude or limit its liability; and for fraud or fraudulent misrepresentation.
11. Communications
11.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the Party giving notice (or a duly authorised officer of that Party).
11.2 Notices will have been deemed as duly given: a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; c. on the fifth business day following mailing, if mailed by national ordinary mail; or d. on the tenth business day following mailing, if mailed by airmail.
11.3 All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other Party.
12. No Waiver
12.1 No waiver by the Company of any breach of these Terms and Conditions by the Haulier shall be considered as a waiver of any subsequent breach of the same or any other provision.
13. Severance
13.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
14. Law and jurisdiction
14.1 These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.