Terms and conditions
1 Definitions
1.1 “The company” means Electro-collect. Electro-collect is a trading style of Penketh’s Limited , registered office 2 Bassendale Road, Croft Business Park , Bromborough , CH62 3QL.
1.2 “The customer” means the person, firm , company or other trading organisation to which the services are supplied subject to these conditions.
1.3 “Services” means
1.3.1 the collection and removal of electrical waste material.
1.3.2 the transfer of that waste to a registered recycling plant.
1.4 “The agreement” means the contract for the provision of services by the company to the customer.
1.5 “Materials” means any electrical waste.
2 Application of Conditions
2.1 These conditions shall prevail over any inconsistent terms or conditions contained, or referred to, in the Customer's purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the Customer, or implied by [law,] trade custom, practice or course of dealing.
2.2 The customer’s purchase order, or the Customer's acceptance of a quotation for Services by the company, constitutes an offer by the Customer to purchase the Services [specified in it] on these Conditions. No offer placed by the Customer shall be accepted by the company other than:
2.2.1 by a written acknowledgement issued and executed by the company; or
2.2.2. (if earlier) by the company starting to provide the services,
when a contract for the supply and purchase of the services on these conditions will be established. The customer's standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
2.3 Quotations are given by the company on the basis that no Contract shall come into existence except in accordance with condition 2.2. Any quotation is valid for a period of 30 days from its date, provided that the company has not previously withdrawn it.
3 Customer’s Obligations
3.1 The Customer will ensure that suitable and adequate access is available in a timely manner, free of charge , for the Company’s vehicles and equipment to all parts of the Customer’s site.
3.2 The Materials will be sited as instructed by the Customer, who will be responsible for the suitability of the location and will ensure that any necessary permits and/or consents, including those of the local or other authority, have been obtained and are complied with.
3.3 The Customer will have undisputed right to the materials and will be legally entitled to have it removed for disposal.
3.4 The Customer warrants that all such materials will be non-toxic and not a special waste as defined in the Control of Pollution (Special Waste) Regulations 1980, as amended or superseded.
3.5 The Customer will ensure that all provisions or Section 34 of the Environmental protection Act 1990 and the Environmental protection (Duty of Care) regulations 1991, as amended, are complied with including without limitation.
3.5.1 The Materials must be adequately contained and not allowed to escape.
3.5.2 A Waste Transfer Note must be signed and any changes thereto notified to the Company.
3.5.3 An accurate written description of the Materials must be provided.
3.6 The Customer will make good and indemnify the Company against any loss or damage including consequential loss which the Company may sustain and against any claims by third parties made against the Company (except as a result of negligence by the Company or its employees) arising directly or indirectly from the location or use of the materials or the breach by the Customer or any of the terms and conditions hereto, including early termination of this Contract.
3.7 The Customer will inform the company of all health and safety rules and regulations and any other reasonable security requirements that apply at [any of] the Customer's premises.
4 Charges and payment
4.1 Prices are based on the law and costs current at the date of commencement of services and are subject to variation in the light of changes in legislation or increase in costs (including any change in taxes, levies or duties) which may occur at any time during this contract.
4.2 The company retains the right to refuse collection or make additional charges if the quantities for collection are greater that originally advised in the quotation.
4.3 Prices are quoted on the assumption that collections by the Company are between the hours of 8.00am….. and 5.00pm on normal working week days. Any work undertaken by the Company at the Customers request outside of these hours, including work at weekends or on public holidays, will be charged at an additional rate to reflect the extra costs incurred.
4.4 All charges quoted to the Customer shall be exclusive of VAT, which the company shall add to its invoices at the prevailing rate.
4.5 All charges quoted to the customer are exclusive of local government and
central government fees or other similar charges so levied on the handling
and disposal of electrical waste. The company shall add these charges to its
invoice and will be payable by the customer.
4.6 The customer will pay the company the charges for the services as indicated in the contract or the company’s standard charges in force at the time of collection. All monies due are payable within 30 days of the end of the month of the date of the relevant invoice. Any variation to this clause must be obtained from the company in writing.
4.7 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the company on the due date, the company may:
4.7.1 charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank PLC, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Customer shall pay the interest immediately on demand. The company may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
4.7.2 suspend all Services until payment has been made in full.
5 Company Obligations
5.1 The company shall use reasonable endeavours to meet any performance dates specified in the quotation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
The company will endeavour to notify the customer in advance of any likely delay in performing the services.
5.2 The company shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at [any of] the Customer's premises and that have been communicated to it under condition 3.8, provided that it shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract.
5.3 The Company and its employees, or subcontractors, shall be entitled to refuse to collect and dispose of any substance which they have reasonable cause to believe may be toxic, explosive, inflammable or otherwise dangerous or the handling of which under the arrangement made for collection and disposal of which might involve the Company in unreasonable expense or the undue disruption of its working schedule or the breach or loss of its licences.
6 Variation
6.1 The Company may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. [If the Company requests a change to the scope of the Services for any other reason, the Customer shall not unreasonably withhold or delay consent to it. OR The Company may, from time to time [and subject to Customer's prior written consent, which shall not be unreasonably withheld or delayed] change the Services, provided that [such changes do not materially affect the nature or quality of the Services and,] where practicable, it will give the Customer at least one months notice of any change.]
6.2 Subject to condition 6.2, no variation of the Contract or these Conditions [or of any of the documents referred to in them] shall be valid unless it is in writing and signed by or on behalf of each of the parties.
7 General Conditions
7.1 In the absence of the Customer at the time of service the Company’s driver will complete and sign on behalf of the Customer the Company’s Waste Transfer Note and such shall constitute adequate proof of the service being provided. Acceptance of Equipment and/or proof of service will constitute acceptance of these Terms and Conditions without modification.
7.2 These Conditions and Terms shall be construed according to the laws of England, the courts of which shall have non-exclusive jurisdiction.
7.3 The company shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Companys or subcontractors.