Terms of Service (“Terms”)
Last updated: August 27, 2014
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.irishwaste.net website (the “Service”) operated by Irish Waste (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Irish Waste.
Irish Waste has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Irish Waste shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Standard Terms of Service
“The Company” means Irish Waste Services Ltd, Irish Waste Management Ltd. and Irish Waste Recycling Ltd., whose registered office is 171 University Street, Belfast BT7 1HR.
“The Customer” means the person, firm or corporation for whom the service is undertaken by or on behalf of the Company or to whom the Company hires the Hired Equipment.
“Carrier” means any person, firm or corporation contracted to undertake the whole or any part of the Service by the Company or the Customer.
“Conditions” means these standard terms and conditions.
“Contract” means the contract between the Company and the Customer for the supply of Services and/or the hire of the Hired Equipment in accordance with these Conditions.
“Customer Location” means the location agreed at the start of the Rental Term for the delivery and subsequent collection of any Hired Equipment to and from the Customer by the Company in accordance with the Contract or the location at which the Services a
“Deposit” means any advance sum payable by the Customer in respect of the Hired Equipment and being as set out in the Quotation Agreement.
“Equipment” means any item of equipment or plant provided by the Company or Carrier in connection with providing the Service but excluding the Hired Equipment.
“Hired Equipment” means any equipment, skips, bins, storage units or plant hired to the Customer by the Company for any reason but excluding the Equipment.
“Hired Personnel” means any of the Company’s employees that are provided to the Customer for the purposes of setting up, driving or operating the Hired Equipment.
“License” means all licenses and permits which the Company is required by law to maintain from time to time in relation to the Services.
“Personnel Fees” means the fees payable by the Customer for any Hired Personnel.
“Premises” means the Company’s premises from which the Customer may collect certain Hired Equipment and to which it will return it in accordance with the Contract or to which the Customer is to deliver the Waste, as the case may be.
“Price List” means the Company’s price list, current at the time of the start of the Rental Term.
“Quotation Agreement” means the quotation agreement supplied by the Company to the Customer which specifies, inter alia, the Services to be provided by the Company and/or the Carrier and the Equipment and Hired Equipment required.
“Rental” means the rental of the Hired Equipment by the Customer subject to these Conditions.
“Rental Fees” means the sum payable by the Customer for the Rental and as determined in the section of these Conditions entitled “Payment Terms”.
“Rental Term” means the terms for which the Hired Equipment is to be hired to the Customer and being as described in the Quotation Agreement.
“Service” means any services described in the Quotation Agreement.
“Waste” means any material for which the Company or Carrier provide the Service or in respect of which the Hired Equipment is to be used and being as more particularly specified in the Quotation Agreement.
Formation of Contract
- No Contract shall be formed unless the Customer signs and returns a Quotation Agreement or the Company carry out the services related to within the Quotation Agreement within 30 days of the issue of same by the Company.
- All Quotation Agreements are issued subject to these Conditions which together constitute the entire agreement between the parties in relation to the Services or the Hired Equipment as the case may be. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Quotation Agreement or these Conditions. Any advertising material issued by the Company, and any descriptions or illustrations contained in the Company’s catalogues or brochures or on its website, are issued or published for the sole purpose of giving an approximate idea of the Services and/or Hired Equipment so described. They shall not form part of the Contract.
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- The contract term lasts for 12 months, which will automatically renew for a 12-month period each year, unless terminated at the end of the 12-month period. If you wish to cancel, we require 3 months’ written notice.
The Company’s undertakings
- To provide the Service subject to these Conditions.
- To service the Waste in a proper and efficient manner in accordance with and in the manner detailed in the Quotation Agreement provided always that it shall at all times remain the sole responsibility of the Customer to determine the nature of the Services required bearing in mind the type of Waste it is engaging the Company to dispose of on its behalf.
- To comply with any laws, regulations or legislation of any central or local government body or authority relating to the Service and any Equipment used by it in the course of providing the Services or any Hired Equipment supplied to the Customer.
- To at all times maintain the Licenses in full force and effect.
- The Company warrants that all its drivers and Hired Personnel have received the relevant training in accordance with legal regulations.
- All analysis of Waste carried out by the Company shall be for its guidance and control purposes only and shall not replace the Customer’s absolute responsibility for ensuring the accuracy of all the Service requirements and the accuracy of all specifications of the Waste given to the Company by the Customer for the purposes of providing the Services, upon each of which the Company absolutely relies.
- The Company shall use its reasonable endeavours to meet any performance dates specified in the Quotation Agreement but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
The Customer’s undertakings
- The Customer undertakes that the Waste delivered to the Premises or collected by the Company meets in all respects the specifications described in the Quotation Agreement.
- To allow the Company free and immediate access to the Customer’s Location whenever requested in order that it can inspect the Waste and take samples of it. This inspection and sampling will not however reduce any of the undertakings that the Customer has agreed to provide in relation to the nature of the Waste.
- To ensure that all the Waste is packaged and labelled in accordance with all applicable legislation, regulations and codes of practice pertaining to the servicing of Waste in Northern Ireland, Republic of Ireland, England, Scotland and Wales (as applicable) at the relevant time. In particular it shall at all times be the responsibility of the Customer to ensure that prior to any Services being performed by the Company in relation to a particular consignment of Waste, the proper EWC Codes have been ascertained and assigned to such Waste and that all consignment notes required by law to accompany the Waste during transportation and/or disposal have been properly completed and delivered into the possession of the Company at the same time as the Waste. For the avoidance of doubt, in the event that the Company shall, for any reason, assist the Customer to allocate EWC Codes or to prepare any consignment notes required, it shall remain the absolute responsibility of the Customer to ensure that the correct codes are allocated and that the consignment notes are properly prepared and in this regard the Customer hereby acknowledges that the Company does not provide an environmental consultancy service as part of the Services and does not hold itself out as being qualified to do so.
- To ensure it retains all records for the required time period laid down by law.
- To ensure that it will collect, or pay for the return by the Company, of any Waste that does not correspond with the specifications laid down in the Quotation Agreement.
- To ensure that all Waste collected by the Company is stable and compatible and that the Waste will not give rise to any chemical reaction or dangerous circumstance.
- To be responsible for ensuring that all activities involving the use of Hired Equipment, Equipment or Company vehicles plant and equipment whilst at the Customers Location shall be adequately managed to ensure safe working conditions and compliance with all legislation governing same.
- The Customer accepts that the Services may be carried out by the Company or any of its subsidiaries, affiliates or sub contractors listed in the Quotation Agreement.
- To give the Company at least 24 hours notice of cancellation of the Contract or any part thereof. On the event of less than 24 hours notice the Company reserve the right to charge the Customer for loss of earnings.
- If the Company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (a “Customer Default”):
- the Company shall without limiting its other rights or remedies have the right to suspend performance of the Services or the Rental until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Company’s performance of any of its obligations;
- the Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in these Conditions; and
- the Customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Customer Default.
- The Company shall use its reasonable endeavours to ensure that the Hired Equipment is ready for collection at the start of the Rental Term but shall not be liable for any lack of availability.
- If the Customer wishes to extend the Rental Term they may do so at any time prior to the end of the Rental Term. The Customer must contact the Company to arrange such an extension. Extensions may be made for such requested additional periods subject always to the existence of prior reservations made by other customers. The Company shall use its reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Hired Equipment to the Customer beyond the end of the pre-existing Rental Term.
- The Company reserves the right to recall Equipment and Hired Equipment immediately at any time. In the event that the Company exercises this right in relation to the Hired Equipment, the Customer will be reimbursed for the remaining period of the Rental Term or will be issued immediately with replacement Hired Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment or Hired Equipment (as the case may be) is not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter its premises and use any means necessary to recover such Equipment or Hired Equipment. The Customer shall be charged for any costs associated with such recovery.
- The Customer may collect certain items of Hired Equipment from the Premises at the start of the Rental Term. The Customer may only collect the Hired Equipment once the Deposit has been paid in full and any insurance requirements set out below have been complied with.
- Certain items of Hired Equipment may require delivery by the Company, with or without associated Hired Personnel as appropriate. Such delivery shall be made to the Customer Location at an agreed time. The Company shall use its reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
- The Customer or its authorised representative must be available at the Customer Location at the time of delivery in order to sign for the Hired Equipment. In the event that the Customer fails to comply with the provisions of this subparagraph it shall be deemed to have accepted delivery of the Hired Equipment, assumed responsibility therefor and shall not have the right to subsequently dispute the facts of the delivery.
- In the event that the Company is unable to provide the Hired Equipment at the start of the Rental Term the Company shall deliver the Hired Equipment to the Customer at the earliest possible date thereafter or the Company will contact the Customer when the Hired Equipment is available for collection, as appropriate. The total Rental Fees payable by the Customer shall be adjusted accordingly to reflect the non-availability of the Hired Equipment for a portion of the Rental Term.
- At the end of the Rental Term, on the agreed date the Customer shall either return the Hired Equipment to the Premises at or before the time shown in the Quotation Agreement or shall ensure that the Equipment is ready for collection at the Customer Location at the time shown in the Quotation Agreement, as appropriate.
- If the Customer is late in returning the Hired Equipment the Company shall be entitled to charge such time to the Customer as additional rental at the normal rate for that Hired Equipment.
- Certain items of Hired Equipment may require specialist training for use and / or maintenance. The Company shall supply appropriately trained employees to the Customer where such Hired Equipment is hired unless the Customer possesses the relevant qualifications or currently employs the services of suitably trained staff.
- The Company shall have complete discretion with regard to permitting the Customer to hire the Hired Equipment without the relevant Hired Personnel and may require evidence of all requisite training and qualifications prior to releasing such Hired Equipment.
- Notwithstanding the provisions above it shall at all times during the Rental Term be responsibility of the Customer to ensure the sale and proper operation of the Hired Equipment.
- Each individual member of the Hired Personnel shall submit a time sheet to the Customer at the end of the Rental Term detailing the total number of hours worked. The Customer shall sign the time sheet as verification of those hours. Any disputes as to hours worked shall be referred to the Company.
- During the Rental Term all Hired Personnel shall, for all intents and purposes, be servants of the Customer. The Customer shall be responsible for the Hired Personnel during the Rental Term or the relevant part thereof if the Hired Personnel are not required for the entire Rental Term.
Skips, Bins and Storage Units.
- The use of the skips, bins or storage units (hereafter the units) is for dry and non hazardous waste only. No liquids are permitted. It is the customer’s responsibility to accurately describe the waste and to ensure at all times only materials confirming to your description are placed in any unit. We reserve the right to test for accuracy any waste contained therein. The units are not to be over loaded. If a unit is overloaded we reserve the right to levy additional charges. No fires are permitted. The units are not to be moved under any circumstances for the location they have been delivered to.
- Upon delivery of a unit the customer is fully responsible for it. Each unit is delivered in good working order Sand condition. If any damage or defect is alleged it is up to the customer to point this out in writing within 24 hours of delivery setting out the nature of the alleged defect or damage. Unless such notification is received, the units are then deemed to be defect free and in good working order and condition. No signage is to be placed on any units, except where necessary reflectors. If any damage is caused to any units whilst on hire, we reserve the right to charge the customer to make right or repair any damage caused to any units, with such charge to be remitted within 14 days of demand. Any damage caused to any unit hired to you must be reported in writing to the Company within 24 hours of the damage arising.
- The contract term for the hire of units last for 12 months, which will automatically renew for a 12 month period each year, unless terminated at the end of the 12 month period. If you wish to cancel the hire, we require 3 months written notice.
- All payments are to be by way of direct debit each month and payments must be made within 30 days of demand. A mandate will be provided to facilitate this. We reserve the right to review the costs of the hire. In default of payment or any other term in the agreement, we reserve the right to enter onto your premises to remove our equipment.
- The customer is wholly responsible for the safety of all persons using the units, the siting of the units and the loading of the units. The customer shall ensure only their employees and agents use the units. The customer shall indemnity the Company against any claims against the Company howsoever arsing in connection with the units. The customer is responsible for providing adequate insurance cover for all units supplied.
Use and Care of the Equipment and the Hired Equipment
The provisions of this section apply to Equipment in so far as the operation and use of the particular Equipment is by the Customer rather than the Company.
- The Customer may only use the Equipment and the Hired Equipment for the normal purpose for which it is intended.
- All Equipment and Hired Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided and in accordance with standard industry practice and in no circumstances shall the prescribe loading thresholds be exceed.
- The Customer may not make any alterations or adjustments to the Equipment or the Hired Equipment beyond those that are already possible within the range of adjustments specific to a given item.
- The Customer may only affix or connect other items to the Equipment or the Hired Equipment where such affixation does not exceed the design limitations thereof and is not likely to damage it in any way.
- The Customer shall at all times treat the Equipment and the Hired Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
- All Equipment and Hired Equipment which uses accessories or consumables of whatever nature must only be used with official accessories or consumables (that is, those produced or recommended by the manufacturer of that particular piece of Equipment or Hired Equipment) or such other products as authorised by the Company.
- All Equipment and Hired Equipment which requires fuel or oil must only be used with the types specified by the manufacturer of that particular piece of Equipment or Hired Equipment or such other type as authorised by the Company.
- All electrical equipment must only be used with the voltage specific to that piece of Equipment or Hired Equipment.
- All Equipment and Hired Equipment must be stored in a safe and secure location and shall, where appropriate, be locked and secured at all times when not in use.
- If any of the Equipment or Hired Equipment is stolen the Customer must firstly inform the police of the incident, providing all details requested. The Customer must then inform the Company, providing all details of the incident including information provided by the police including, where relevant, the crime reference number.
- The Company provides no insurance cover for the Hired Equipment. The Customer shall therefore be required to arrange for fully comprehensive insurance cover for the duration of the Rental Term. Such insurance must cover third party liability, loss and damage. The Company shall require proof of such insurance prior to releasing the Hired Equipment to the Customer.
- If any event occurs for which an insurance claim may be made either by the Customer or a third party, the Customer shall immediately inform the Company and shall not admit any liability without the prior consent of the Company. Such notification and consent shall be made using the most immediate means possible (usually telephone contact) and subsequently verified in writing.
Maintenance of the Equipment and the Hired Equipment
- The Company shall maintain the Equipment and the Hired Equipment to the standards specified by the relevant manufacturers. Only official parts (that is, those produced or recommended by the manufacturer of that particular piece of Equipment and Hired Equipment) shall be used for maintenance and repair work. All Equipment and Hired Equipment will be fully inspected, cleaned and (where necessary) maintained prior to each Contract or Rental (as the case may be).
- The Customer shall not attempt to make any repairs to the Equipment or the Hired Equipment without the prior written consent of the Company. When the Company is contacted in this regard it shall have the option of replacing the Equipment/Hired Equipment, repairing it itself, either by recalling it to its Premises or dispatching Hired Personnel to the Customer Location (such Hired Personnel to be charged for accordingly), or granting the Customer permission to make the necessary repairs. The cost of such replacement or repairs shall be borne by either the Company or the Customer, the responsibility being determined by the reasons for the replacement or repairs.
- If parts require replacement during the Contract or the Rental Term the Company shall have the option of supplying such parts to the Customer or supplying replacement Equipment/Hired Equipment or a suitable substitute (that is, Equipment/Hired Equipment capable of performing the same tasks as that which it replaces).
- Any parts and / or substitutes provided as above shall be replaced free of charge by the Company provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts, associated labour, and / or the cost of providing substitute Equipment/Hired Equipment.
- The price payable for the Services shall be as detailed in the Quotation Agreement and:
- Where Services are to be charged per tonne, prices shall be calculated by rounding up to the nearest whole tonne.
- Where Services are to be charged on a time costs basis, prices shall be calculating by rounding up to the nearest whole applicable unit of time. For example: for hourly rates, round up to the nearest hour; for daily rates, round up to the nearest day; and for weekly rates, round up to the nearest week, and so on.
- The Rental Fees will be determined by reference to the length of the Rental Term, the type and quantity of Hired Equipment, the Price List and any additional items which may be included in the Rental, as set out in the Quotation Agreement. For the avoidance of doubt, Rental Fees shall be calculated by rounding up on the same basis as is outlined above for the Services.
- Save for any Deposit required in advance of Rental in respect of the Hired Equipment, the Company’s terms of payment are full settlement within 30 days of the date of invoice.
- The Customer may be required to pay a refundable Deposit to the Company at the commencement of the Rental Term, prior to delivery of the Hired Equipment. The sum of the Deposit shall be set out in the Quotation Agreement.
- On return of the Equipment/Hired Equipment to the Company or collection of the Equipment/Hired Equipment by the Company, the Company shall fully inspect it.
- If Hired Equipment requires cleaning, repairs and /or maintenance which is solely the result of normal wear and tear, the Deposit will not be used to pay for the cleaning, repairs and/or maintenance. In the event that additional cleaning, repairs and/or maintenance is required the Company shall retain the proportion of the Deposit necessary to remedy this and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
- In the event that the Deposit is insufficient to cover the cost of such cleaning, repairs and/or maintenance of the Hired Equipment or in the event that the Company has incurred costs in cleaning, repairing and/or maintaining the Equipment, the Company shall be entitled to invoice the such costs to the Customer, and the Customer shall keep the Company fully indemnified in relation thereto.
- Hired Personnel provided in relation to the Contract shall attract Personnel Fees which shall be calculated on an hourly or daily basis at the rate(s) set out in the Quotation Agreement.
- The Company reserves the right to charge the Customer interest, both before and after judgment on any amount appearing on an invoice or part thereof which remains unpaid after the 30 days referred to above at the rate of 4% per annum above the bank base rate of Ulster Bank Limited from time to time, until payment in full is made and for the avoidance of doubt a part of a month being treated as a full calendar month for the purposes of calculating interest.
- All amounts payable by the Customer under the Contract are exclusive of amounts in respect of VAT chargeable for the time being. Where any taxable supply for VAT purposes is made under the Contract by the Company to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
- The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
- Payment by direct debit:
If there are any changes to the amount, date or frequency of your direct debit the company will notify you 3 x working days of your account being debited or as otherwise agreed. If you request the company to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your direct debit, by the company or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.
If you receive a refund you are not entitled to, you must pay back when the company asks you to.
You can cancel a direct debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the company.
- It shall at all times be the responsibility of the Customer to satisfy itself that the Services and/or the Hired Equipment to be provided are appropriate given the nature of the Waste and no provision of these Conditions shall be construed to the contrary.
- Before the Company accepts Waste for disposal the Customer shall provide to the Company, either an accurate written description of the Waste or a sample of the Waste at the sole discretion of the Company not less than 7 working days before the date on which the Company is due to accept the Waste for disposal at their facility in order that the Company may treat, keep and dispose of the Waste in an authorised and appropriate manner.
Changes in Waste Description
- In the event of either the Company or the Customer ascertaining that the description of the Waste has changed or that the Waste is not of the nature detailed in the Quotation Agreement or otherwise described by the Customer such party shall give immediate notice to the other with details of the same whereupon the Company shall suspend provision of the Services until the Waste conforms with the description in the Quotation Agreement. Any such suspension of the Services shall be without prejudice to the Company’s right to receive payment in full of the price agreed for the Services and any additional Rental Fees or any other equipment rental charges, costs and expenses otherwise incurred or suffered by the Company as a consequent of the suspension.
- On the event that the Customer wishes to change the description of the Waste or on the event of the Customer planning any change in production techniques or schedules likely to result in any changes the Customer shall give the Company notice and full details thereof to enable the Company to consider whether the Waste as so changed is capable of being serviced under the terms of the Contract or whether a new Quotation Agreement is required in relation to same. For the avoidance of doubt in no circumstances shall the Company be obliged to provide service Waste the description of which has changed as contemplated above.
- Before the Service is resumed in respect of the Waste as so changed the parties shall agree in writing on the revised description of the Waste, revised charges and any other necessary amendments to the Contract and the Contract shall thereupon be construed as if the Waste as so changed was the Waste described in the original Quotation Agreement and that the revised Quotation Agreement was the one referred to which the Contract relates.
Rejection of Waste
- The Company reserves the right to reject any Waste that:
- does not meet the specifications laid down in the Quotation Agreement;
- is outside the terms of its Licenses;
- has been inaccurately described in any description given to the Company;
- has one constituent part which is incompatible with another constituent part;
- is not packaged in accordance with the Customer’s undertaking;
- it believes may be radioactive, inflammable, or otherwise too dangerous to treat;
- the handling or disposal of might cause the Company to incur civil or criminal liability.
- The Company may agree, but is in no way obliged, to treat such Waste subject to the Customer paying such further amounts as the Company may, in its sole discretion, require.
- If the Company rejects the Waste it is the sole responsibility of the Customer to arrange for it to be collected in a manner that meets the necessary safety precautions and all applicable rules, regulations and legislation.
- The Company shall not be liable to the Customer in any way whatsoever for Customer’s loss, damage, cost and expense however arising whether direct or indirect in connection with the Company’s rejection of Waste.
The Passing of Title to the Waste
- Passage of Title of the Waste to the Company shall take place when the Company’s vehicles leave the premises of the Customer.
- Up until the Passage of Title to the Company the Customer will be responsible for any liabilities incurred to any person and any claims, damages or expenses as a result of the operations in connection with the Waste. After the Passage of Title all responsibility passes to the Company.
- The Company shall have no liability for failure to perform or improper performance or delay in performance of the Services or any loss or damage to the Customer caused by unavailability or breakdown of Equipment or delivery vehicles, inability to obtain sufficient labour industrial action, the action of any government or other authority, failure of water or power supplies or any other cause or causes whatsoever beyond the Company’s reasonable control.
- The Customer shall provide a suitable and a safe means of vehicular access for the servicing of the Waste.
- The Customer shall be responsible for giving proper notice in writing to the Company and the Carrier and their respective employees, agents and sub-contractors of any special site conditions and safe working procedures in any way affecting the discharge of the Company’s or the Carrier’s obligations under the Contract and shall be responsible for the proper supervision of loading and/or collection of the Waste and use of the Equipment and/or the Hire Equipment. The Company reserves the right to refuse to provide the Services whether before or whilst at the Customer’s Location if it reasonably considers that the provision of the Services or use of the Hired Equipment might place at risk any person, vehicle, equipment or property (including that of the Company or the Carrier).
- The Customer shall be wholly responsible for the safety of all persons (including the Hired Personnel and the employees and agents of the Company) within the curtilage of the Customer’s Location.
- Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach.
- Should the Customer default with any payments due hereunder or (being a body corporate) have a receiver appointed or pass a resolution for winding up (other than for reconstruction or amalgamation purposes) or a Court order be made to that effect or (being an individual) have a receiving order made against him or enter into any composition or arrangement with his creditors, the Company may thereupon at any time determine this Contract forthwith by written notice to the Customer.
- The foregoing rights of termination shall be without prejudice to the rights of the parties at such termination and upon any such termination the Company may remove the Equipment and / the Hired Equipment and shall have the right to enter the Customer’s premises to do so.
- In the event of termination for any reason:
- all payments required under the Contract shall become due and immediately payable; and
- the Company shall have the immediate right to request the immediate return of the Equipment and / or the Hired Equipment or to repossess the same and may charge the Customer for any reasonable costs involved in such repossession.
- Unless ordered to the contrary by a court of competent jurisdiction, the Customer shall keep in strict confidence all technical or commercial know-how, methodologies, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to it by the Company, its employees, agents or subcontractors, and any other confidential information concerning the Company’s business or services which the Customer may obtain. The Customer shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Customer’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Customer.
- In particular the Customer shall, in view of the sensitive nature of the operations carried out by the Company, (save in so far as may be necessary to effect the sale and efficient handling and/or disposal of the Waste) at all times keep secret and confidential and not divulge or cause or suffer to be divulged to any person, and shall use its best endeavours to prevent the publication or disclosure of, (other than to the Company or any associated company of the Company) of:
(a) any details regarding the nature, composition, qualities and quantity and any other information whatsoever in respect of, any Waste treated or handled by the Company or any associated company of the Company.
(b) any information regarding the treatment, disposal, handling and transport of any Waste by the Company and any associated company of the Company; and
(c) any refusal by the Company to handle or treat any Waste.
- The provisions relating to confidentiality in these Conditions shall survive termination of the Contract.
Limitation of Liability and Indemnity
- Nothing in these Conditions shall limit or exclude the Company’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation.
- Subject to paragraph 1 of this section above:
- the Company will not be liable for any personal injury or damage to property which results from the improper use of the Hired Equipment;
- the Company will not be liable for any personal injury or damage to property which results from the improper use of the Equipment;
- the Company shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract;
- the Company will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control; and
- the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price agreed in relation to the Contract.
- The Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:
- any damage to the Equipment or the Hired Equipment caused by its acts or omissions or those of any party for whom the Customer is vicariously liable and including the Customer’s agents and sub-contractors;
- any damage to property or personal injuries caused by the Customer’s use and/or operation of the Equipment or the Hired Equipment or its use or operation by any party for whom the Customer is vicariously liable and including the Customer’s agents and sub-contractors;
- any act or omission of the Customer which puts the Company in breach of any legal obligation applicable to the manner in which it conducts its business.
- Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- The Customer shall be fully responsible for the acts and omissions of the Hired Personnel during the Rental Term (or the relevant part thereof) and shall fully indemnify the Company in respect of all claims howsoever arising for any damage or loss occasioned to property or persons in connection with the Hired Personnel.
- The provisions relating to limitation of liability and indemnity set out in this section of the Conditions shall survive termination of the Contract.
- No other terms, conditions or warranties express or implied shall be of any affect whatsoever unless in writing and signed by or on behalf of the Customer and Company in each case by a duly authorised representative.
- No forbearance or indulgence by the Company shown or granted to the Customer shall in any way affect the absolute obligation of the Customer to comply in full with these Conditions.
- The Company shall be entitled to amend these Conditions as it considers necessary to comply with any statutory local authority or other regulatory requirements from time to time or any change in legislation governing the collection, transport, transport, disposal and/or treatment of Waste.
- If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
- A person who is not a party to the Contract shall not have any rights under or in connection with it.
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Northern Irish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Northern Ireland.
Quotation Acceptance: (Quotation: 32559)
On Behalf of: ________________________ Print Name: ________________________
Position: ___________________________ Signature: _________________________ Date: ____________