1.0 DEFINITIONS
1.1 “WEEE Recycle Ltd” and “weee-recycle.co.uk” mean WEEE Recycle Ltd., registered office, 68 Old Laira Road, Plymouth, PL3 6AB and includes such subsidiary companies of WEEE Recycle Ltd. as may participate in the performance of the contract.
1.2 “Client” means the person, firm or company or other trading organisation to which the services are supplied subject to these conditions.
1.3 “The Service” means:
(a) Removal of Waste and unwanted materials and any subsequent treatment, disposal, or recovery as specified in the full terms and conditions. (b) Supply of any equipment, containers etc. for use by the client as part of the service in (a) above. (c) Processing includes the loading operations associated with (a) above, transport, decontamination and any other handling operation associated with (a) above.
1.4 “Waste Materials” means unwanted, redundant surplus equipment residue, packaging or other waste used by a Client or no longer required by a Client or which a Client wishes to dispose of.
1.5 “Hazardous” means Materials that contain hazardous substances as defined by The Waste (England and Wales) Regulations 2011.
1.6 “Terms and conditions” means the Terms and conditions for the provision of the Service by WEEE Recycle LTD to the Client.
1.7 “Single Hazardous Waste Consignment Note” and “Multiple Hazardous Waste Consignment Note” means a Consignment Note under The Waste (England and Wales) Regulations 2011 in England and Wales, under the Special Waste Regulations 2004 in Scotland and under The Hazardous Waste Regulations (Northern Ireland) 2005 in Northern Ireland.
“Waste Transfer Note” means a note under The Waste (England and Wales) Regulations 2011. “Transport Note” means the collection and / or delivery of products and / or services.
2.0 PAYMENT
2.1 The client will pay WEEE Recycle Ltd the charges for the services as indicated on the Contract or WEEE Recycle’s standard charges in force at the time of collection. All sums due are payable within 30 days of the date of the relevant invoice.
2.2 Visits in addition to those set down in the contract for collections or the supply of containers or equipment can be made at the customer’s request but will be subject to additional charges as set down either in the Contract or on WEEE Recycles schedule of current charges.
2.3 WEEE Recycle Ltd will credit the client for recoverable material content, less charges, as indicated on the contract. This credit will be made either by way of credit to charges or by payment as agreed by prior arrangement with the Client
2.4 Unless agreed in writing prior to collection then WEEE recycles analysis will be binding in any calculation of material credits.
2.5 The WEEE Recycle charges on the Contract only apply to the initial 12-month term of the contract after which they are subject to variation. Any increase in WEEE Recycle charges will be notified to the Client at least 30 days before commencement of the renewal period to which the increase applies. Such notice will not apply to fees or charges levied by a third party.
2.6 If the client fails to make any payment that is due, WEEE Recycle reserves the right to suspend the provision of any service.
3.0 CLIENT OBLIGATIONS
3.1 The client warrants and agrees that at all times that if Waste Materials that the Client presents for removal shall include any materials and substances not included in the invoice will be due charges as per WEEE Recycle schedule prices and agrees that all Waste Material should be placed in a safe storage area or accessible and if supplied the WEEE Box waste storage containers supplied.
3.2 The Client will comply with the Control of Pollution Act 1974, The Environmental Protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.
3.3 The Client will, prior to collection, supply WEEE Recycle with any data or information which WEEE Recycle considers necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.
3.4 The Client shall hold harmless and indemnify WEEE Recycle, its directors, officers and employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract or of a breach of legal requirements by the client.
3.5 The Client will receive their quarterly returns, as required by Regulation 54 of the Hazardous Waste (England and Wales) Regulations 2005, by post and via email. The Returns are in the Format set out in Schedule 8.
4.0 WEEE RECYCLE OBLIGATIONS
4.1 WEEE Recycle agrees at all times to:
(a) carry out the services in a safe, efficient and professional manner; (b) comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, treatment and recycling of the materials. In this respect WEEE Recycle warrants that it is (i) the holder of a current and valid Waste Management License.
4.2 WEEE Recycle shall hold harmless and indemnify the Client against any loss or damage to the environment or property or injury to, or death of, any person caused by any negligent act or omission or wilful misconduct of WEEE Recycle and its servants, agents or sub-contractors. Except in respect of injury to, or death of, any person (for which no limit applies) the liability of WEEE Recycle hereunder in respect of each event or series of connected events shall not exceed £1,000,000.
4.3 In the event of a suitable, safe access point from which to collect the waste not being available, then WEEE Recycle reserve the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then WEEE Recycle shall not be liable for any damage caused by the operation of transporting the waste to a suitable, safe access point.
5.0 CONDITIONS
5.1 No variations or alterations of these conditions shall be binding on WEEE Recycle unless agreed in writing by, or on behalf of, WEEE Recycle by an authorised representative. All orders by the Client for the Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these conditions. Performance of the Services by WEEE Recycle shall be deemed conclusive evidence of the Client’s acceptance of these Conditions. These conditions shall remain in force until such time as WEEE Recycle adopts revised conditions and notifies the client of the substitution of these conditions by the revised conditions.
6.0 TERMS
6.1 The Contract shall be for an initial term of 12 months unless otherwise agreed in writing. Upon expiry of this 12 month period, the Contract shall be automatically renewed unless either party to the Contract sends written notice of non-renewal to the other party at least sixty days prior to the commencement of the renewal term. In the event that the client terminates the contract within the term, the Client will be liable for the full cost of equipment as supplied by WEEE Recycle or the cost of the removal of the same.
6.2 In the event that the Client wishes to terminate this Contract at any time other than provided for in 6.1 above the Client agrees to pay WEEE Recycle as liquidated Damages for the balance of the contract period, a sum equal to pro rata charge based on the average over the last 12 months of Trading.
6.3 Times and Dates quoted by WEEE Recycle for undertaking the Services are intended as estimates only and will not be of the essence of the Contract in this respect.
6.4 Unless agreed otherwise in writing, all prices quoted to the Client are exclusive of Value Added Tax, or any similar tax levied by the Government on the value of services.
6.5 All prices quoted to the Client are exclusive of local government and Central Government fees or any other similar charges so levied on the Handling and Disposal of Waste.
6.6 We do not accept liability for consequential loss, either specifically or by omission, except for a liability as a direct result of a failure by employees of WEEE Recycle up to a maximum sum represented by the transport rate charged for the particular consignment. We cannot accept liability in the event of a late collection or delivery.
6.7 The Client shall be liable to pay demur rage for unreasonable detention of any vehicle or trailer WEEE Recycle current demur rage rates, unless otherwise agreed in writing. The statutory rights of the Carrier against any other person in respect thereof shall remain unaffected. Unreasonable detention is waiting time at the customer’s premises, or further premises and sites nominated by the customer, other than mandatory driver resting time.
WEEE Recycle reserves the right to charge for demur rage at the following rates:
All loads for every 15 minutes or part thereof over 30 minutes allowance on site.
Demur rage will not apply if charges are levied for onsite work by the driver and charged by time on-site.
6.8 All Asset tracking HDD, Data collections are performed using transport unless otherwise agreed. The default data wiping method for magnetic hard drives is D-Ban software if physical destruction is not requested. D-Ban software is also the default data destruction method for SSD drives. Routers and network switches undergo a factory reset whilst backup data tapes are incinerated.
7.0 VALIDITY
7.1 If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable, in whole or in part, these Terms and Conditions will continue to be valid as to all other provisions and the remainder of the provision.
7.2 These terms and conditions may be updated from time to time. The latest version will be posted on www.weee-recycle.co.uk and will be valid at the time of posting.
8. JURISDICTION
8.1 These Terms and Conditions and the Contracts shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.