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Standard Terms & Conditions
We, JOHN W HANNAY & CO LIMITED incorporating MustDestroy.com
and Intelligent Waste Solutions Limited, as Waste Recycling, Processing
and Disposal Specialists, for the propose of the Environmental Protection
Act 1990 (“the EPA”, which expression shall include
any statutory modification or re-enactment thereof for the time
being in force and all subordinate legislation enacted pursuant
from the EPA from time to time) hereby warrant to you as follows;
i) We are an authorised person and a registered
carrier/broker as defined in the EPA;
ii) We are fully aware of our duties, obligations
and responsibilities in terms of the EPA, in performing our obligations
under the contract (as defined below) and shall comply in all respects
with the EPA, and/or any regulations made thereunder)
1. Interpretation
(a) In these conditions and in the contract, the
following words shall, where the context allow shall have the following
meaning:
“Agreed Waste” means the waste to be disposed of and
placed or deposited in the equipment supplied.
“Contract” means the contract overleaf between you and
us of which these conditions form part.
“Customer Advice
Transfer Note” means the attached collection note
“Equipment” means all classes of machinery, equipment,
plant, tools and apparatus supplied hereunder (whether on hire or
otherwise) together with all renewals and replacements thereof or
the component parts thereof and all extras, additions spare parts
and accessories forming part thereof or used in connection therewith
and shall include, without prejudice to the foregoing generality
skips, containers, security stores, compactors and balers.
“Duration” The contract commences on the Hire/Service
start date and will continue unless terminated in accordance with
the conditions of clause 26 of this contract.
“Hire/Services” means the uplifting/shredding/recycling/destruction
services or other services to be provided by us to you and described
in the attached Customer Advice/Transfer Note in relation to any
equipment on hire at all. If any, services supplied or provided
by us to you in connection with or ancillary to such hire of equipment
hereunder.
“Vat” means value added tax or any tax modifying or
replacing the same; and
“Charge for
Landfill Tax” means the charge for this tax payable by you
to us for waste uplifted and disposed of to landfill. Charge for
Landfill Tax shall be determined by the weight being disposed of
multiplied by the current Landfill Tax Rate for the waste type at
the time of the uplift and is detailed separately on your invoice.
Charge for Landfill Tax is subject to VAT.
“Waste” means the waste we are to take delivery of from
you as described in the attached Customer Advice/Transfer Note.
(b) every condition set out in a paragraph shall
be construed as a separate and independent condition severable from
all or any of the other conditions.
(c) the headings are for ease of reference only
and shall not affect the validity or interpretation of the conditions.
2. Acceptance of Terms
(a) all rates and prices quoted, all hire/services
rendered and all orders received are quoted, supplied and received
upon these conditions and these only.
(b) the giving or sending of any order by you shall
constitute an acceptance of these conditions.
(c) no variation of or addition to these conditions
shall be effective unless specifically agreed in writing with us.
3. Price for the Services
(a) the price for Hire/Service is our quoted price
or, where no price has been quoted (or a quoted price is no longer
valid), the price listed in our published price list current on
the date the order for Services is accepted. All prices quoted are
valid for 30 days only or, if earlier, until acceptance by you,
after which time they may be altered by us without giving notice
to you.
(b) we reserve the right, by giving notice to you
at any time before collection, to increase the price for the Hire/Service.
(c) all prices for the Hire/Service are quoted
or listed on the assumption that the Hire/Service are supplied or
provided between the hours of 7.00am and 5.00pm on Monday to Thursday
and 7.00am and 4.00pm on Friday. Any Hire/Services supplied or provided
at your request outwith these hours, including weekends, public
holidays, local or statutory holidays shall be subject to such additional
charge as we may notify to you in writing from time to time.
(d) prices are based on legislation and costs current
at the Contract Commencement Date and are subject to variation in
the light of changes in legislation or increases in costs which
may occur at any time during this contract.
(e) you agree that records maintained by us will
act as proof of service delivered.
(f) where the charge is per lift and is based on
the Assumed Weight we may revise the Assumed Weight at any time
and increase the charge accordingly if we believe that the average
weight collected is greater than the Assumed Weight.
(g) you agree that you will pay to us any Administration
Fee that we may charge.
(h) you agree that an authorised person shall be
available to sign any Advice/Transfer note for any service provided
by us. The only exception being for pre-schedule collections where
no signature is required.
4. Payment
(a) the Hire/Services must be paid for in full
by you within 30 days of the date shown on the invoices, unless
otherwise agreed in writing by us. No deduction shall be made for
or on account of anything whatsoever including, but not limited
to, any set-off, counter-claim or present or future taxes and the
time of payment shall be of the essence of this agreement. If any
invoice is not paid in full by the due date, interest, compounded
at the end of each month, shall be payable on the invoice or any
part thereof unpaid from the due date for payment until paid in
full at the rate of 4% above the base rate of the Bank of Scotland
as varied from time to time.
(b) VAT shall be charged at the rate ruling at
the date of the invoice.
(c) if the price of the Waste or Hire/Services
provided hereunder is not paid in full by the due date, interest,
compounded at the end of each month, shall be payable on the price
or any part thereof unpaid from the due date for payment until paid
in full at the rate of 4% above the base rate of the Bank of Scotland
as varied from time to time.
(d) we reserve the right to delay performance of
the Hire/Services under the Contract until outstanding payments
under the Contract or any other contract between us have been received
by us.
(e) without prejudice to any other rights of John
W Hannay & Co Limited , if there is reason to doubt that amounts
due under this contract will be paid in full we reserve the right
to require full payment in advance.
5. Delivery
(a) the Agreed Waste and/or the Waste shall be
delivered by us collecting the Agreed Waste and/or the Waste at
your premises or some other place for collection agreed by us, or
by you delivering the Agreed Waste and/or the Waste to our premises.
(b) if delivery of the Agreed Waste and/or the
Waste is to be effected by us collecting the Agreed Waste and/or
the Waste, you shall ensure that all necessary arrangements are
made and you shall provide us with any instructions or other information
required to allow us to access to collect the Agreed Waste and/or
the Waste.
6. Risk & Property
(a) risk in respect of the Agreed Waste and/or
the Waste shall pass to us at the time it is delivered to or collected
by us in accordance with the Condition 5 above.
(b) property in the Agreed Waste and/or the Waste
passes to us at the time it is delivered to or collected by us in
accordance with Condition 5 above and you warrant that you have
undisputed right of title in and ownership of the Agreed Waste and
the Waste, as the case may be.
7. Environmental protection warranties
you warrant to us for the purpose of the EPA as follows:-
(i) you are fully aware of your duties, obligations
and responsibilities in terms of the EPA and shall comply in all
respects with the EPA and/or any regulations made under it and all
other United Kingdom legislation and regulations relating to the
production, treatment, keeping, carrying or disposal of Agreed Waste
and/or The Waste;
(ii) without prejudice to the generality of the
foregoing you shall,
(a) ensure that the Agreed Waste and/or the Waste
is accompanied by such a written description as will enable us to
comply with our duties under the EPA:
(b) package and pack the Agreed Waste and/or the
Waste to avoid any leakage, spillage or other escape from control
of the Agreed Waste and/or the Waste;
(c) ensure that the quantity of the Agreed Waste
and/or the Waste to be delivered or collected in terms of the Contract
corresponds with the quantity specified in the Advice/Transfer Note;
(d) inform us of any particular requirements/hazards
relative to the Agreed Waste and/or The Waste and knowledge of which
is required to enable us to comply with our duties under the EPA:
(all as defined by the EPA and/or any regulations made under it);
(e) not place bins/containers on public roads including
publicly maintained pathways unless you have obtained the necessary
permits for occupation on public roads;
(f) comply with the council’s requests in
respect of lighting and/or the use of reflective materials;
(g) obtain any planning consent for containers
located within designated conservation areas and/or within areas
subject to other planning controls;
(h) a Transfer Note shall be signed by both parties
to the contract before the expiry of twelve months from the date
of the current Transfer Note.
(iii) in addition, where the Agreed Waste and/or
the Waste is comprised wholly or partly of special waste (as defined
by section 62 of the EPA and Control of Pollution (Special Waste)
Regulations 1980 (as amended) (“the Regulations”)),
you are fully aware of your duties, obligations and responsibilities
in terms of the Regulations and shall comply in all respects with
the Regulations.
Without prejudice to the generality of the foregoing you shall:-
(a) issue to the disposal authority for the area
in which the special waste is to be disposed of a copy of the Consignment
Note, not more than one month and not less than three clear days
before the removal of the special waste;
(b) ensure that the special waste is accompanied
by the requisite number of copy Consignment Notes, duly completed;
(c) retain some copy of the Consignment Note, duly
completed, all in terms of Regulations 4 and 5 of the Regulations;
(d) keep, at each site, a register containing copies
of all Consignment Notes relating to special waste produced/transferred
for disposal, all in terms of Regulation 13 of the Regulations;
(all as defined by the Regulations)
(iv) you undertake to indemnify and keep us indemnified
against all costs, claims, demands, expenses and liabilities of
whatever nature arising out of any breach by you of the conditions
or the warranty in this Condition 7.
8. Force Majeure
We shall not be responsible for any delay or failure to fulfil any
of our obligations under the Contract and not be liable for any
loss or damage suffered or incurred by you as a result of any delay
in delivery or otherwise caused directly or indirectly by any one
or more of the following (i) strike, (ii)
lockout, (iii) trade dispute, (iv)
fire, (v) accident (whether to personnel or machinery,
material, equipment or apparatus), (vi) defective
material, (vii) breakdown of machinery, (viii)
power failure, (ix) failure of crop, (x)
fuel shortage, (xi) lack of availability of supplies
or materials, (xii) adverse inclement weather,
(xiii) acts, restrictions, regulations, byelaws,
prohibitions or measures of any kind on the part of any government,
parliamentary or local authority, (xiv) Act of
God, (xv) force majeure or by any other cause whatsoever,
whether or not similar to those listed above, outwith our control.
9. Cancellation and Default
(a) in the event that you cancel the Contract prior
to commencement of the Hire/Service Period or delivery of the Equipment
for any reason whatsoever, which cancellation can only be made with
our consent, then 40% of the hire rental for the Hire/Service Period
specified in the Contract shall be paid by you to us, being the
sum agreed as a reasonable payment for cancellation, together with
all documented actual costs incurred by us, pursuant to preparing
to perform the Contract.
(b) if you commit a breach of these Conditions
and in particular but without prejudice to the foregoing generality
if:- (i) you default in any payments: or (ii) you commit any breach
or non-performance of your obligations hereunder: or (iii) you cease
to carry on business: or (iv) you (being an individual) become apparently
insolvent or are sequestrated or (in the case of a body corporate)
have a receiver, administrator or liquidator appointed or (v) execution
of a degree or diligence is levied against you, then we may terminate
the Contract with immediate effect by written notice whereupon you
shall no longer be provided with the Hire/Services and we may take
possession of and remove our Equipment and enter upon any place
where the Equipment is located for that purpose without the need
of your consent (such consent being hereby expressly granted to
us)
(c) in such an event and Contract is terminated,
this will not discharge you of any of your pre-existing liability
to us. On termination we shall be entitled to recover from you such
loss, damage, costs and expenses we have suffered because of the
termination.
10. Assignation/Sub-contracting
(a) you shall not, without obtaining our prior
written consent, assign to transfer or appear to assign or transfer
the Contract or the benefit of or any interest in it, to any other
person. We shall be entitled at our sole discretion to assign or
sub-contract the whole or part of the Contract or any interest in
it.
(b) during the term of this contract the customer
shall not obtain the agreed service or like services from any third
party, unless specifically agreed by us.
11. Notices
All notices etc., to be served by one party on the other shall be
deemed duly delivered or served forty eight hours after posting
if posted by registered or recorded delivery mail to any other party’s
address.
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12. Certificate of amount Owing
The amount of any sum owed by you to us under the Contract shall
be sufficiently ascertained by a certificate from one of our Directors
and such certificate shall be final and binding on you for every
purpose.
13. Miscellaneous
(a) if one or more of the provisions of the Contract
is invalid, illegal or unenforceable in any respect this shall not
affect or impair the validity, legality or enforceability of the
remaining provisions.
(b) no failure or delay on our part to exercise
any right, power, remedy or privilege shall operate as a waiver
thereof.
(c) both parties accept the incorporation of the
Conditions into the Contract as fair and reasonable.
(d) where the context allows, a reference to the
singular includes a reference to the plural and vice versa and a
reference to any gender includes a reference to all genders.
(e) these conditions shall supersede all previous
estimates, quotations, arrangements or agreements (whether written
or oral) relating to the provision and supply of the Equipment and
the Hire/Services.
14. Applicable Law/Jurisdiction
These conditions and the Contract shall be construed in accordance
with the Law of Scotland save that in the event that the Contract
is performed in England or Northern Ireland then the Contract shall
be construed in accordance with English or Northern Irish Law respectively.
Both parties agree to submit to the jurisdiction of the Scottish,
English or Northern Irish Courts as the case may be. Such submission
to any particular jurisdiction shall be without prejudice to our
right to bring proceedings in any other court of competent jurisdiction
including without limitation the courts having jurisdiction by reason
of your domicile or place of business.
The following additional Conditions shall also apply in respect
of the hire of any Equipment by you:-
15. Access and Site
(a) you shall ensure that unrestricted access is
available at all reasonable times to our employees and for our vehicles
to all parts of the premises upon which the Equipment is or is to
be situated or located.
(b) the Equipment shall be sited and located on
your premises in accordance with your instructions. You shall be
solely responsible for the suitability of the location and shall
ensure that all necessary certificates, licences, permits and authorisations
in respect of the premises have been timeously obtained and are
valid and fully complied with at all times during the Hire/Service
Period.
16. Removal/Refurbishment Charge
You agree at the termination of the contract that you will pay a
removal or refurbishment charge for equipment as follows, Panther
Bins - £280.00 each, Front End Loading Containers - £565.00
each, De-mountable Containers - £685.00 each, Compaction Units
- £1,500.00, Auxiliary Equipment for example, hoppers etc.
- £950.00, all charges are exclusive of VAT charged at the
appropriate rate. Maintenance is the responsibility of the client.
17. Best Practical Environmental Option
For Demountable Containers Best Practicable Environmental Option
(BPEO) should be adopted by the Waste Producer and Waste Carrier,
minimum weight charge 3,870 kgs, maximum weight 10,000 kgs. Where
the weight exceeds the maximum permitted each tonne shall be subject
to a £35.00 surcharge.
18. Risk, Use of Equipment and Title
(a) you shall assume the entire risk for loss or
damage (whether malicious or accidental) theft or destruction to
the Equipment from any occurrence whatsoever (fair wear and tear
excepted), and shall immediately notify us in writing of any loss,
theft or destruction of or damage to the Equipment or any part thereof.
(b) the Equipment shall be used only for the holding
of the Agreed Waste and for no other purpose or other waste material
whatsoever. For the avoidance of any doubt, the warranties contained
within Condition 7 hereof shall be equally applicable to Agreed
Waste. We shall be entitled to make an additional charge to you
in respect of Hire/Services provided in respect of disposing of
waste material which is not Agreed Waste.
(c) we may in our sole and absolute discretion
refuse to collect, handle or dispose of any waste material which
we have cause to believe may be toxic, explosive, inflammable, special
waste or otherwise dangerous or harmful to health or the collection,
handling or disposal of such waste material might cause us to incur
any civil or criminal liability or unreasonable expense or unduly
disrupt our working schedule or lose any of our site licences, permits
or authorisations. We in such circumstances, shall dispose of such
waste material at an additional charge to be agreed between us.
(d) the Equipment shall at all times remain our
sole and exclusive property and nothing herein contained shall be
construed to imply that property or any right or title in and to
the Equipment shall or may pass to you at any time whatsoever other
than your right of use in terms of the Contract.
19. Indemnity
(a) you shall be responsible for and indemnity
and keep us indemnified against:- (i) any loss
(including consequential or economic loss) or damage to the property
of, or personal injury to you, your employees or any third party
relating to or occurring directly or indirectly in connection with
the supply or provision of the Hire/Services and/or the Equipment
or as a result of the use or failure thereof or damage caused by
our negligence or that of our employees or sub-contractors;
(ii) any loss (including consequential or economic
loss) or damage to the Equipment and the property of our employees
or sub-contractors from the date specified overleaf or the date
of delivery of the Equipment if not specified, whensoever and howsoever
arising except to the extent such loss or damage is caused by our
negligence or that of our employees or sub-contractors;
(iii) any loss (including consequential or economic
loss) or damage which we may sustain or suffer by or as a result
of a breach of the terms of this Contract, including but without
prejudice to the foregoing generality, a breach of Conditions 7
and 19 hereof.
(iv) any loss (including consequential or economic
loss) or damage which we may sustain or suffer in processing personal
data (as that term is defined in the Data Protection Act 1998) on
your behalf in accordance with this Contract.
(b) we shall be responsible for and indemnify and
keep you indemnified against any loss or damage to the property
of, or death of or personal injury to our employees relating to
or occurring directly or indirectly in connection with the supply
or provision of the Hire/Services and/or the Equipment, except to
the extent that such loss or damage is caused by your negligence
or that of your employees or sub-contractors.
20. Prohibited Acts
You shall not and shall procure that third parties shall not;-
(a) remove, damage, conceal or obliterate any of
our nameplates or markings on the Equipment;
(b) overload or fill the Equipment beyond the level
specified by us;
(c) set fire to the waste material deposited in
or the contents of the Equipment;
(d) remove or relocate the Equipment from the premises
and place to which the Equipment is delivered; or
(e) lose possession of or sub-let the Equipment
to any third party whatsoever.
21. Health and Safety
This Contract shall constitute an undertaking, in terms of Section
8 of the Health and Safety at Work, etc Act 1974 and you undertake
to take all steps sufficient to ensure, so far as is reasonably
practicable, that the Equipment shall be safe and without risk to
safety or health when properly used.
22. Exclusion of Warranties and Condition of Equipment
(a) all common law or statutory warranties with
regard to the Equipment, except those warranties expressly stated
herein or which cannot lawfully be excluded, are expressly excluded.
(b) the Equipment shall be supplied in good condition
and you undertake to inspect and examine the Equipment upon delivery
and notify us within twenty-four hours of any defect in the Equipment,
otherwise it shall be conclusively presumed that you are in every
way satisfied with and accept the Equipment.
23. Insurance
You shall arrange for appropriate and adequate insurance cover for
the Equipment during the whole of the Hire/Service Period against
all risks at full replacement value and shall produce to us on demand
evidence of such insurance and premium receipts if requested. All
sums received from your insurers shall be held by you as our agents
et separatim in trust for us and we shall be entitled to payment
of all sums received by you from the insurers.
24. Weight
(a) you agree that the on board weighing equipment
fitted to our Multi Collection Vehicles (MCV) shall be used to determine
the weight of waste being uplifted and this weight (+/-50kg) shall
be used as the means of calculating the charge for Landfill Tax
payable by you. Waste type can be either inert or active.
(b) you agree that in the absence of any bona fide
weight ticket we shall determine the weight uplifted and this weight
shall be used to calculate any payment that may be due to you or
owed by us.
(c) you agree that we determine the level of contamination
that may be present in your waste and that you agree to meet all
costs incurred by us including an uplift charge in place of any
payment due, a disposal charge and a charge for Landfill Tax on
the weight disposed to landfill due to the extent of contamination.
25. Charges
All charges quoted are exclusive of VAT and a charge for Landfill
Tax and any associated administration and recycling charge.
26. Termination
We may terminate the Contract at any time if you are in breach of
any clause of this agreement. You agree that you can only terminate
the contract by giving us three months notice in writing which must
be not less than three months duration and not greater than six
months duration and must be expressed to terminate on the date which
is three months after any anniversary of the commencement date.
Failure to give the appropriate termination notice will result in
the contract continuing for a further twelve months from any commencement
date and can only be terminated as stated above. In the event and
only at our sole discretion we may agree to terminate the contract
prior to the contract end date you agree to reimburse us in full
the remaining outstanding balance of the contract to cover any consequential
loss and expenses we have suffered because of the termination.
27. Limit of Liability
You agree that our limit of liability for the secure destruction
service is 25 times the value of the waste or £2500.00 whichever
is the lesser. Claims must be submitted within 30 days of the consignment
collection date.
28. Manual Handling Warranties
You warrant to us for the purpose of the Manual Handling Regulations
1992 and as amended from time to time that you are fully aware of
your duties, obligations and responsibilities in terms of these
regulations and you shall: i) not overfill bags, containers or other
equipment supplied by yourself, others or by us beyond the level
specified by us or as indicated on our bags. ii) securely tie bags
in such a manner that avoids spillage and in the absence of handles
provided that there is sufficient bag material protruding beyond
the tie to allow bags to be lifted and handled safely by us.
29. FEL and Panther Bin Collections
All lids must be closed prior to collection to prevent possible
injury to personnel, wind scatter, damage to VEHICLE, FEL &
PANTHER BINS if the lids are not closed the collection may be cancelled
and the current collection charge will remain.
30. Ad-Hoc for FEL’S & Panther Bins
All ad-hoc collections shall be charged at £35.00 for each
FEL and £18.00 for each Panther Bin.
31. Recycling Services
Must not be contaminated with General Waste etc, if there are contaminants
found within the service there shall be a current landfill rate
and tax levied on to the current service charge.
32. Data Protection
You acknowledge that in performing the Hire/Services, you shall
be the data controller and we shall be the data processor (as each
of those terms is defined in the Data Protection Act 1998). We shall
only process personal data (as each of those terms is defined in
the Data Protection Act 1998) to which you give us access (Personal
Data) (i) as is necessary to perform our obligations under the Hire/Services;
or (ii) as otherwise instructed by you. In processing Personal Data
we shall take appropriate technical and organisational measures
against unauthorised or unlawful processing of, and against accidental
loss or destruction of, or damage to, the Personal Data. We shall
process the Personal Data in accordance with our Data Protection
Policy (as amended from time to time).
No modifications or additions to these terms and conditions shall
be binding on John W Hannay & Co Limited unless specifically
agreed in writing by us. The above is an addition to the Conditions
for Hire/Services contained within the contract. We reserve the
right to amend these terms and conditions without notification.
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