Terms and Conditions

 

  1. 1.1 In these Conditions:
    “CLIENT” means the natural person or persons, firm, partnership, company, corporation, association, organisation or other body or
    entity named on the Sales Order Confirmation for whom the Company has agreed to provide the Specified Service in accordance
    with these conditions and those set out in the Sales Order Confirmation
    “COMPANY” means AWG Green Waste Ltd (registered in England) under number 11833853
    “COMPANY’S STANDARD CHARGES” means the charges shown on the Sales Order Confirmation
    “CONTRACT” means the contract for the provision of the Specified Service
    “SALES ORDER CONFIRMATION” means the confirmation sent by the Company to the Client within 7 days of an order being
    placed by the Client whether in writing or orally for the supply of services by the Company to the Client
    “SITE” means the site where the Specified Service is to be provided
    “SPECIFIED SERVICE” means the sole and exclusive supply of waste management, recycling and environmental services to the
    Client and which may be varied from time to time by the Sales Order Confirmation
    “INCORRECT MATERIAL” means any waste material that falls outside of the description specified in the Company’s quotation and
    Sales Order Confirmation
    “CONTRACT PERIOD” means a minimum period of 12 months from the commencement of the Specified Service, unless otherwise
    agreed in writing between the Company’s Authorised Representative and the Client
    “ACCEPTANCE” means acknowledgement by the Client that once the Specified Service has commenced the Client accepts the
    Company’s standard terms and conditions and such conditions of Contract take precedent over any other terms and conditions that
    exist or existed between the Company and the Client (and for avoidance of doubt can not be varied in any way, including by way of
    the Client’s purchase order or acknowledgement of the Sales Order Confirmation, without the express written agreement of an
    authorised representative of the Company, prior to the commencement of the Specified Service)
    “SERVICE PROVIDER” means those persons or organisations, other than the Company’s employees, that are retained or
    employed by the Company to carry out partial or total performance of the Contract
    “CONFIDENTIAL INFORMATION” means any information that is clearly identified as confidential at the time of disclosure or by its
    nature confidential
    “PERSONAL DATA” has the same meaning as section 1(3) of the Data Protection Act 1984
    “AUTHORISED REPRESENTATIVE” means the person or persons authorised by the Company to act on behalf of the Company in
    relation to the Contract and will be of no lesser designation than that of a Director
    1.2 The headings in these Conditions are for convenience only and shall not affect their construction or interpretation
    2. Supply of the Specified Service
    2.1 The Company shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the
    Specified Service or these Conditions must be agreed in writing by the Company and the Client
    2.2 The Specified Service shall be provided at the Site in accordance with the Sales Order Confirmation and these conditions
    2.3 The Client shall, at its own expense, supply the Company with all necessary documents or other materials, and all necessary
    data or other information relating to the Specified Service within sufficient time to enable the Company to provide the Specified
    Service in accordance with the Contract and, in particular, shall supply an accurate description of any materials or waste to be
    handled or collected by the Company or its Service Provider, agent, sub-contractor or employee during the provision of the
    Specified Service or if it is unable to give an accurate description allow the Company to carry out an analysis of any such materials
    or waste at the Client’s expense. Where such information is supplied by the Client, the Client shall be responsible for its accuracy
    and that of any information supplied by its agent(s) or employees, to the Company
    2.4 The Company may correct any typographical or other errors or omissions in any Sales Order Confirmation or invoice relating to
    the provision of the Specified Service without any liability to the Company
    2.5 The Company may at any time without notifying the Client make any changes to the Specified Service/Day, which are
    necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or
    quality of the Specified Service
    2.6 The Company or its nominated service provider will Supply the Specified Service and appropriate container(s) storage
    receptacles or equipment at the address specified in the Sales Order Confirmation and the Specified Service with be undertaken
    during normal operating hours unless otherwise agreed in writing with the Company
    2.7 If applicable the Specified Service may be for a minimum number of services per month which may also be inclusive or
    exclusive of rental charges and/or charges for delivery/collection of containers, and for a minimum period of time and such
    information will be detailed in the Company’s offer ( quotation ) to the Client and will be confirmed in the Company’s Sales Order
    Confirmation
    Commercial Operating Procedures for Supply of Services
    3. Charges
    Former Clayton Barracks, Thornhill Road, Aldershot, GU11 2BN
    Opening hours: Monday to Friday 08:00 – 17:00
    Office: 01252 318500
    W: www.awggreenwaste.com E: info@awgservices.com
    3.1 Subject to any special terms agreed, the Client shall pay the Company’s Standard Charges and any additional sums which are
    applicable to the provision of the Specified Service or which, at the Company’s sole discretion, are charged as a result of the
    Client’s instructions or lack of instructions, or any other cause attributable to the Client including the provision by the Client of
    Incorrect Material
    3.2 All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the
    Client shall be additionally liable at the applicable rate
    3.3 The Company shall be entitled to invoice the Client at any time following the provision of the Specified Service unless it has
    been agreed otherwise in writing, by the Client, with the Company’s Authorised Representative. Clients who hold a cash account
    with the Company must pay prior to tipping off – no exceptions will be made.
    3.4 The Company’s Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable
    Value Added Tax, and without any off-set or other deduction) within 30 days of the date of the Company’s invoice
    3.5 The Client’s attention is drawn to prompt resolution of queries. Any queries must be provided in writing to the Company’s credit
    control department within 7 days of the date of Company’s invoice.
    To accord with the Company’s sustainability policy and the requirement to eliminate paper or photo static copies of tickets (Proof of
    Delivery) and or copy invoices etc. they will not be supplied to the Client in this format
    Failure to notify queries as defined in 3.5 will confirm acceptance by the Client of the Company’s invoice and render it due for
    payment
    3.6 If payment is not made on the due date, the Clients account will be placed on Stop. The Company shall be entitled, without
    limiting any other rights it may have, to apply a late payment fee of 25% of the invoice total and charge interest on the outstanding
    amount (both before and after any judgment) at the rate of 3% above the base rate from time to time of Lloyds Bank Plc, from the
    due date until the outstanding amount is paid in full. Additionally, the Company will have the right to seek court action for the
    recovery of any outstanding amounts and be entitled to reimbursement by the Client of all associated costs of taking such action,
    not limited to all legal and collection agency costs associated with the recovery of the outstanding amounts, together with an
    administrative fee(s) deemed reasonable by the Company at the time of taking such action, to cover the Company’s own internal
    costs, associated with such action. Details of the Company’s current administrative fee(s) are available by contacting the
    Company’s Credit Control Department.
    3.7 The Company may vary the Standard Charges to take into consideration governmental landfill tax or such other increases
    including, but not limited to changes in the market pertaining to waste collection, disposal, recycling or reuse of waste, that has a
    direct or indirect effect on prices, or the interpretation or re classification of the rate of landfill tax (i.e., from a material previously
    classified as non-active to active, whether that being at the point of collection or once the material has been processed in a
    recycling facility, the outcome of which results in a higher proportion of tax being recovered by HMRC, fuel, labour, transport and if
    applicable, any effect of decrease in global commodity prices for recycled materials
    3.8 The Client is responsible for their tipping permit at all times & any losses must be reported immediately. The Client is
    responsible for all activity & payments due on the permit up until the date / time that the loss or theft is reported.
    3.9 The Company reserves the right to apply a rental charge to any container where the frequency of service or collection has been
    less than once per week
    4. Warranties and Liability
    4.1 The Company warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as
    reasonably possible, in accordance with the Sales Order Confirmation and within the days and times referred to in the Sales Order
    Confirmation. Where the Company supplies in connection with the provision of the Specified Service any goods supplied by a third
    party, the Company does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but
    shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the
    goods to the Company
    4.2 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation
    arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong
    form, or arising from their late arrival or non-arrival, or any other fault attributed to be beyond the control of the Company
    4.3 Except as expressly provided in these Conditions, the Company shall not be liable to the Client by reason of any representation
    (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the
    Contract for any:
    (a) death or personal injury other than death or personal injury caused by the Company’s negligence; or
    (b) damage to the tangible property of the Client or any third party unless such damage is caused by the negligence of the
    Company (but in any event the Company shall not be responsible for the damage described in condition 5.4)
    (c) loss of profits; or
    (d) loss of business; or
    (e) depletion of goodwill and/or similar losses; or
    (f) loss of anticipated savings; or
    (g) loss of contract; or
    (h) loss of use; or
    (i) loss or corruption of data or information; or
    (j) indirect, special or pure economic loss, damage, costs, expenses or other claims which arise out of or in connection with the
    provision of the Specified Service
    4.4 In any event, the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the
    Company’s charges for the provision of the Specified Service, except as expressly provided in these Conditions
    4.5 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in
    performing, or any failure to perform, any of the Company’s obligations in relation to the Specified Service, if the delay or failure
    was due to any cause beyond the Company’s reasonable control
    4.6 Nothing in these Conditions limits or excludes the liability of the Company for death or personal injury resulting from its
    negligence or any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Company
    Commercial Operating Procedures for Supply of Services.
    5. Obligations of the Client
    5.1 The Client shall inform the Company of and comply with all health and safety rules and regulations and any other reasonable
    security requirements that apply at the Site
    5.2 The Client shall ensure that any materials or waste tipped off at the Site corresponds with any description given by the Client
    prior to the commencement of the Specified Service and/or contained in the Company’s quotation and Sales Order Confirmation
    and, unless otherwise agreed in writing with the Authorised Representative of the Company, is packaged or contained adequately,
    safely and in accordance with any relevant legislation. The Company, without liability, is entitled to refuse to deal with any materials
    and waste that do not comply with this condition or recover any additional cost from the Client in relation to the handling or disposal
    of the Incorrect Material or waste.
    5.3 The Client shall obtain and maintain all necessary licences, permits and consents of their own and comply with all relevant
    legislation in relation to the Specified Service and ensure that they are in place before the date on which the Specified Service is
    due to commence. In circumstances where the Client fails to comply, the Client will indemnify the Company against all costs and
    fines, including any legal costs in defending such actions, incurred by the Company as a result of the Clients failure to comply and
    will reimburse the Company accordingly for the said amounts
    5.4 The Client shall be responsible for and indemnify the Company and its nominated service providers and agents in respect of all,
    costs, charges or losses sustained or incurred by the Company (including direct, indirect or consequential losses, loss of profit and
    loss of reputation, loss or damage to property and those arising from injury to or death of any person) arising directly or indirectly
    from the Client’s fraud, negligence or failure to perform or delay in the performance of any of its obligations in respect of these
    Conditions
    5.5 The Client will not place non-accepted waste or Hazardous Waste as defined in the Hazardous Waste Regulations 2005 or any
    modification thereto, in to the Company’s Service Provider’s container(s) or yard at any time and the Client will indemnify the
    Company against all costs, including any additional costs of removing and disposing of the waste, or any fines, or any other
    litigation costs that may be applicable to the said waste being placed into the container, site or yard without the Company’s consent
    6. Termination
    6.1 The Client shall be entitled to terminate the Contract and close their account with the Company at any time by giving 7 days
    notice in writing.
    6.2 Either party may (without limiting any other remedy) at any time terminate the Contract by;
    6.2.1 giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to
    remedy the breach within 30 days after being required by written notice to do so, or ;
    6.2.2 if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement
    with his or its creditors or has a receiver or administrator appointed
    Commercial Operating Procedures for Supply of Services
    6.3 On termination of the Contract or closure of account, for any reason:
    (a) the Client shall immediately pay to the Company all of the Company’s outstanding invoices and interest and, in respect of any
    services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable
    immediately on receipt;
    (b) the Client agrees that in respect of circumstances detailed in condition 6.2.2 the Company will not be liable to the Client, or any
    other organisation, for the payment of any rebate, rebate or discount in respect of the Contract or the Specified Service, whether
    such payments are outstanding or have been invoiced by the Client to the Company and furthermore, the Company shall be
    entitled to the immediate reimbursement by the Client of any such payments previously made by the Company in respect of
    prebate, rebate or discount
    (c) the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly
    surviving termination, shall not be affected
    7. Non-Solicitation
    7.1 Where the Company has negotiated with various Service Provider’s to undertake Services on behalf of the Client, the Client
    agrees not to contact or treat with the Service Provider directly or during the term of the Contract and for a further period of twelve
    months following termination of the Contract. Additionally, if a Service Provider contacts or canvasses the Client they will inform the
    Company accordingly
    8. Timing
    8.1 The Company will use its best endeavours to provide the Specified Service on the date and time that has been scheduled but
    accepts no liability or loss resulting from any changes to the timings of the Specified Service
    9. Insurance
    9.1 Unless otherwise agreed in writing by the Authorised Representative of the Company, the Company will insure against its
    liability to an amount of, £10 million for Employers liability, £10 million for Public liability and £10 million for Products liability. It is
    acknowledged by the Client that the Company may provide cover in excess of these individual amounts on a specific basis and at
    the written request of the Client, but any additional premium for providing such additional cover will be recoverable from the Client
    10. Recovery of Sums Due
    Commercial Operating Procedures for Supply of Services
    10.1 The Company will have the right to recover any monies due and interest on any monies due for late or non- payment, as
    defined in clause 3.6 and any such action will not affect the validity of the Contract
    11. Assignment
    11.1 Neither party shall assign, transfer, sub contract or sub let (other than the Company’s right to do so as defined by the use of
    their Service Provider) the whole or any part of the Contract without the prior written consent of the other party
    12. Confidentiality
    12.1 The Company, the Client, their employees and agents at all times shall keep confidential and secret and shall not disclose to
    any person (other than a person authorized by the other party) all information and other matters acquired by them in connection
    with the Contract, or in connection with the affairs, financial or otherwise, of either party (save to the extent that such information is
    to be disclosed by law or is already in the public domain) or other than by reason of breach of this condition either by the Company
    or the Client
    13. Intellectual Property Rights
    13.1 The Company retains all property rights, including Intellectual Property Rights, in the Specified Service and any patterns,
    drawings, samples, artwork, report formats, materials and information, including Service Provider information, issued to the Client
    who may use such information for the purpose of and during the term of the Contract and must return to the Company such
    information or not use such information following the end, or termination of the Contract
    13.2 All Intellectual Property Rights in all items delivered to the Client pursuant to the Specified Service carried out by the Company
    under this Contract shall be assigned to and vest in the Company absolutely, save for any pre-existing Intellectual Property Rights
    of the Client or third parties and shall at all times remain with the originating party. The Company grants to the Client a license to
    copy its pre- existing Intellectual Property Rights and those of third party Service Provider’s or suppliers for its own use. The Client
    must not provide or copy any such Intellectual Property of any third party without the Company’s prior written consent
    13.3 Subject to the foregoing, any Intellectual Property arising out of the provision of the said Specified Service shall be assigned
    and vest in the Company absolutely as and when such item comes into existence
    13.4 The Client will additionally indemnify the Company in relation to any unauthorised use or infringement of third party Intellectual
    Property Rights and which rights are vested in that third party
    14. Entire Agreement
    14.1 These Conditions, together with the Company’s quotation and any other specific terms set out in the Company’s Sales Order
    Confirmation, constitute the entire agreement between the parties and supersede any previous agreement or understanding
    between the parties and no variation to these conditions is valid or binding unless approved in writing by the Authorised
    Representative of the Company. All other terms and conditions expressed or implied, by statute, or otherwise, are excluded to the
    fullest extent permitted by law
    15. Force Majeure
    15.1 Neither party shall be liable to the other for any failure to perform its obligations under the Contract where such performance is
    rendered impossible by circumstances beyond its control, but nothing in this clause shall limit the obligations of the Client or
    Company to use their reasonable endeavours to fulfil their obligations under the Contract
    16. Sub-Contractor Status
    16.1 It is expressly understood by the Client that the Company does not act as a sub-contractor in relation to any quotation it
    provides or to the Specified Service or to any order or documentation, provided by the Client and for avoidance of doubt any
    conditions or documents of the Client where it refers to the Company acting as a sub-contractor or accepting any liabilities in
    connection with a status of a sub-contractor will not be applicable or binding upon the Company
    17. Notices
    17.1 Any Notice shall be in writing addressed to the other party at its registered office or principal place of business or such other
    address as may at the relevant time have been notified pursuant to this provision to the party giving the notice
    17.2 All written and oral communications, notices and documents relating to the Contract shall be in English
    18. Data Protection
    18.1 All parties must protect personal data in accordance with the provisions and principles of the Data Protection Act 1998, and
    any subsequent revision of this Act and in particular the Client must ensure compliance with the Company’s security arrangements
    and ensure the reliability of its staff that has access to any personal data held. In addition, if the Client is required to access or
    process personal data held by the Company, the Client shall keep all such personal data secure at all times and shall only process
    such data in accordance with instructions agreed with the Company
    Commercial Operating Procedures for Supply of Services
    18.2 Call Monitoring
    The Company monitors and records all calls and such data is either used for training purposes to improve performance to the
    Client and to record business transactions with the Client in the event of any queries arising at a later date.
    Calls are recorded within the strict criteria and guidance of Ofcom
    http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm and such criteria is strictly observed in accordance
    with Reconomy’s ITC Policy, a copy of which can be provided upon request.
    19. Waiver
    19.1 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of those
    rights, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent
    breach of the same or any other provision
    20. Racial and Sexual Discrimination
    20.1 Both parties shall not unlawfully discriminate within the meaning of the Sex Discrimination Act 1975 or the Race Relations Act
    1976 or any enactment relating to discrimination in employment and shall take reasonable steps to secure the observance of this
    condition by all their staff or agents employed in the performance of the Contract
    21. Accrued Rights and Remedies
    21.1 Neither the expiration nor the termination of the Contract shall prejudice or affect any right of action or remedy, which shall
    have accrued or thereafter accrue either to the Client or to the Company
    22. Publicity
    22.1 The Company may be entitled, if it so wishes, to use for advertising purposes, such information about the supply of services or
    goods or work undertaken on behalf of the Client
    23. Contracts (Rights of Third Parties) Act
    23.1 No provision of this Contract shall confer on any third party any benefit or right enforceable at the option of that third party
    against the parties to this Contract, except where expressly permitted in this Contract
    24. The Bribery Act 2010
    The Company fully complies with the principals of The Bribery Act 2010 and expects the same conduct in its dealings with business
    partners and their associates. A copy of the Company’s Policy in respect of The Bribery Act 2010 is published on the Company’s
    web site
    25. Competition
    25.1 The parties do not consider that this Contract infringes the prohibition provisions of Chapter 1 and 2 of the Competition Act
    1998 (“the Act”). However, the parties are at liberty to apply to the Director General of Fair Trading for an exemption should the
    Contract be, in the opinion of the Director General of Fair Trading, a prohibited agreement within the provisions of Chapter 1 and 2
    of the Act
    26. Severability
    26.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the
    validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected
    27. Law
    27.1 English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts
    LOST PASSES ARE THE CLIENT’S RESPONSIBILITY AND MUST BE REPORTED IMMEDIATELY

 

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