Standard Terms & Conditions
Standard terms & conditions apply to all J Witt Waste Recycling business transactions: supply, collection, cancellation and order amendments.
Standard Terms & Conditions Agreement
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Standard Terms & Conditions
DEFINITIONS
“We” & “Our” means J Witt Waste Recycling the trading name for J W Waste Recycling Ltd. “You” & “Your” means the customer described as ‘The Customer’ overleaf.
AGREEMENT
1.0 This contract will operate on a 12-monthly rolling basis from the start date. We require 2 months written notice prior to the anniversary date (roll over date). You will not be notified when the contract is due to roll over, this is an automatic process.
1.1 Should you wish to terminate your contract before the end date and/or without the specified notice, you will be charged a termination fee of 40% of the remaining value of that of that contract (ie: 40% of what you would have paid from the cancellation date to the actual end of contract date, and at the service price specified at the time of termination).
1.2 These conditions apply to all bin contracts with the us. The booking, instruction to deliver or use of the bin (including placing of any object in the bins) by you or anyone acting on your behalf, whichever is earliest, indicates acceptance of these conditions. We may without prior notice collect the bins at any time should these conditions be breached.
OWNERSHIP OF CONTAINERS
2.0 The waste containers remain the property of J Witt Waste Recycling Ltd at all times, you must not sell or dispose of them.
INSURANCE AGAINST LOSS OR DAMAGE
3.0 You are responsible for all loss or damage to the container (except fair wear and tear) even if caused by acts or events outside of your control; you must therefore insure the bin against loss or damage.
3.1 Damage to the containers that is caused by you include without limitation, overloading of bins, storage in an unsuitable location, other objects or waste being placed on top, lids left open, waste being compacted inside in a bid to fit more waste inside, causing the bin to be overweight or splitting, will be chargeable to the you at the cost of a new replacement container.
3.2 Where we cause the damage to the container on the truck, we will replace the container. As stated in clause 3.2, if the bins are stored in what we deem an unsuitable location, resulting in us manoeuvring the containers across surfaces such as, although not limited to, uneven ground, gravel and chippings, up or down stairways, we are not responsible for the damage, and all costs for replacement containers will be passed onto the customer.
BIN DELIVERY/COLLECTION AND REPLACEMENT
4.0 A bin delivery/collection charge of £15.00 will be charged for all journeys made by J Witt Waste Recycling to deliver or collect bins from your site. This charge is also applicable on bins being swapped or replaced due to up or down sizing services or damage caused by the customer.
4.1 The cost of a replacement bin after damage has rendered the bin unusable, are as follows:
1100ltr: £187.00 + VAT
660ltr: £127.00 + VAT
360ltr: £87.00 + VAT
240ltr: £57.00 + VAT
1100ltr Metal Container: £307.00 + VAT
CONTENTS
5.0 You must ensure that only waste described in the described European Waste Code goes in the container (e.g. no batteries, hazardous waste, WEEE etc).
5.1 If your bin is found to be contaminated you will be liable to pay a contamination fee, issued by our office.
5.2 You must not overfill the container.
5.3 If your service includes recyclables (e.g. glass, cardboard, paper etc), you must insure that nothing else is introduced to contaminate that waste. If recyclable waste is mixed it becomes chargeable at the mixed waste rate, in line with our contamination fee rate.
WEIGHT ALLOWANCES
6.0 The price stated on the contract covers your weight allowance for the waste described in the European waste code. If you have a bag/sack service you must ensure that the bags are securely knotted, these must be no heavier than 10kg. Additional weight over this allowance will be charged at 18p per kilogram. Weight ticket information will be available on request.
ACCESS
7.0 If access to a container is unavailable, a return visit will be chargeable plus there will be a £25.00 wasted journey charge.
7.1 In circumstances where we are unable to service your container we will not be liable in any way for any delay or failure to perform our obligations, or any loss, damage or delay incurred by you resulting from circumstances beyond the our reasonable control which will include, without limitation, labour disturbance, accident, failure of service, fire or flood, acts of God, obstruction to or on your site or location of bins, locked gates or entry points to site unforeseen or abnormal conditions or by any act or neglect on the part of the you. You, in these circumstances will be charged a normal rate for your collection.
7.2 It is assumed that there is a 24-hour 7 day access to containers, please inform us of any specific requirements or if this is not the case.
7.3 If we were unable to access your container due to a fault on our part, i.e., a vehicle breakdown, you are required to reschedule your collection.
7.4 If you have a missed collection, for any reason, you are required to phone the J Witt Waste Recycling office within 48 hours to rearrange a collection. To not do so may result in no collection being rescheduled and you may still be charged.
7.5 You are required to inform the J Witt Waste Recycling office if you are closed on any Bank Holidays. To not do so will result in you being charged a normal collection.
PRICING
8.0 The price agreed is subject to variation. We will give at least 1 weeks written notice of any adjustment to prices. Any increases are generally due to circumstances beyond our control (e.g. landfill tax, fuel costs, business running costs etc)
8.1 Should we have to adjust the price, if you are paying by Standing Order you are responsible for amending that Standing Order with your bank promptly.
8.2 Please be advised that all waste collection charges are still applicable even if your service provision is temporarily withdrawn for any reason, once payment has been made collections can resume.
PAYMENTS AND LATE PAYMENTS
9.0 Your invoice should be fully paid within 14 days of the invoice date. In the event of late payment (including under-payments) we reserve the right to charge an administration fee of £15.00 for each invoice (issued monthly) not paid on time. In addition, we also reserve the right to charge interest at 10%. Your service may also be interrupted until the full payment (including any charges and/or interest) is received in full.
9.1 All customers will be set up on our direct debit scheme through GoCardless.
9.2 Should this Direct Debit agreement mentioned in 9.1 be cancelled after its initial set up an admin fee of £15 + VAT will be chargeable for its reinstatement.
HOLIDAYS
10.0 As no container rental is charged to you, unless agreed by us, any holidays or site closure (for whatever reason) will still be charged at a weekly rate.
COLLECTION
11.0 Collections must be rearranged by you within 48 hours of original schedule.
Skips
- Drivers are instructed not to drive over footpaths, drivers, grass verges or other soft or landscaped ground and not to lift skips over walls/fences or other barriers or obstructions nor to place skips onto raised embankments. Should the Hirer request the Driver to do so and damage is cause (other than death or personal injury due to negligence of the Owner) the Owner will not be liable, and should damage be caused to the owner’s Vehicle the Hirer will be responsible. The Hirer is advised to protect paving slabs, manhole covers and other protective or superficial covers as boards are not provided by the Owner.
Vehicles have access criteria as follows: entrance at least 3.10 m wide, 3.90m high; an access and Site surface capable of withstanding 18tonnes; and a safe and adequate turning/manoeuvring/working area. Should the access criteria be less than above, the Hirer shall; be responsible for any damage caused. The Hirer undertakes to direct the Driver where to deposit the skip, the Driver being for the purpose of such deposit the agent of the Hirer.
- Except as specifically otherwise agreed in writing the Owner shall be in no obligation to deposit the skip anywhere other than the highway. The Hirer shall keep the Owner indemnified against any claim, demand penalty arising out of the presence of the skip (except for personal injury or death due to negligence of the Owner).
- The Hirer shall direct the Driver where to deposit or pick up the skip.
- Where the Driver is instructed where to deposit or pick up the skip on or from a Site which is off a highway the Owner shall be under no liability whatsoever to the Hirer for any damage caused whilst the Vehicle is off the highway other than such as might have been caused by negligence on the part of the Driver. Without prejudice to paragraph 2 above, the Hirer shall keep the Owner indemnified against any claim or demand which could not have been made had the Driver not been so directed. The Hirer will compensate the Owner for any damage to the Vehicle or the skip which would not have occurred had the Driver not been so directed and which is not due to any negligent driving on the part of the Driver.
- The Hirer shall ensure that all permissions required before skips can lawfully be deposited on Site, including the permission required under the Highways Act 1980, have been or will be obtained before he directs the Driver to deposit the skip. The Owner can organise permits on behalf of the Hirer (at least 4 days’ notice is required) from the relevant authority at an additional cost of the Hirer.
- The Hirer shall not move the skip from the Site without the consent of the Owner. The responsibility for the skip remains with the Hirer until collected by the Owner’s Vehicle. Any skips which are removed whilst in the control of the Hirer will be charges art the entire replacement value.
- The following must never be placed in the skips: asbestos, tyres, liquid containers/drums/barrels /cartons (even if empty). Liquids, liquid paint, lead acid/vehicle batteries, gas cylinders, fridges /freezers, televisions, computer monitors/fluorescent tubes, any form of special difficult and hazardous waste. Plasterboard must be segregated from other waste in the skip be either placing it on top of the other waste in the skip where it can be easily lifted off or placed into a tonne bag.
From the time the skip is deposited until it is picked up again by the Owner, the Hirer shall ensure that:a. The skip is properly sited in accordance with the permission given
b. The skip is properly lit during darkness. The Hirer is at all timers responsible to the safeguarding and lighting of the skip. The Hirer must at all times take reasonable persuasions to guard the skip
c. Fires are not lite in or near to the skip. The Hirer shall reimburse the Owner for any loss or damage whatsoever or howsoever caused to the skip by fire, accident, mechanical excavators or any other cause, whilst of hire to them.
d. The skip is filled no higher that the top of its sides. The Hirer is responsible for the ensuring that at all times the skip is loaded safely and that that area around the skip is left safe and tidy. Should the skip found to be overloaded it is the Hirer’s responsibility to correct the situation. However, the Owner reserves the right to remove any objects that it feels may jeopardize the safe transportation of the skip. Any extra costs incurred in removing, transporting or disposing of the contents of the skip will be charged to the Hirer. The Owner reserves the right to decline collection of the overloaded skips. Excess charges are levied in the event of overloading.
e. The skip is not to be moved once placed on Site without prior consent of the Owner. The movement of skips on Site could result in the inability to collect the skip. The Hirer accepts responsibility for any damage or extra costs incurred due to skip being moved.
- Except as otherwise agreed in writing the Hirer shall fill the skip within the period of hire (hire being 14 days unless otherwise agreed with the Owner) and shall inform the Owner in good time of its readiness for collection (minimum 24 hours’ notice).
- The Owner will remove or reposition the skip if required at any time to do so by a highway authority or a constable in uniform under section 140 of the Highways act 1980.
- Except as specifically otherwise agreed in writing the Owner agrees to dispose of the contents of the skip.
- Non-account terms: Payment is due on collection of the skip or within 7 days of the invoice date, whichever is soonest. Hire periods are up to 14 days unless otherwise agreed with the Owner. Skips will not be removed from site until payment is received in full.
- Account Terms: Payment is due 7 days from the invoice date in which goods and services are supplied and to be made in accordance with the invoice sent or as otherwise agreed. The Company reserves the right to insist upon payment before delivery if the Customer’s credit is not satisfactory or if payment of any sum owed by the Customer to the Company is overdue.
In addition, the Company reserves the right to charge the Customer 8% per annum above the base rate of the Companies bank (at the time of acceptance) for the overdue payment and to withhold further deliveries or to cancel any unexecuted portion of any orders with the Company. The Company also reserves the right to charge the customer for any and all costs incurred by the Company recovering overdue payments. The Customer shall under no circumstance be entitled to withhold payment.The maximum rental period is 1 month unless otherwise agreed with the owner.
It is the responsibility of the Hirer to request the collection within this time. Failure to do so will result in an unannounced collection and/or rental charges being incurred. The Owner reserves the right to collect a fully loaded skip before the hire period has elapsed.
