Holiday Home Waste Collection
TERMS AND CONDITIONS
1. Definitions
In these terms and conditions, the following meanings shall apply:
“Additional Services” means the bleaching, washing and rinsing of wheelie Bins.
“Agreement” means this agreement, made up of the Contract Details and these Terms.
“Bins” means the bins provided in accordance with the Contract Details.
“Business” means a Customer who is not a Consumer.
“Company” means Holiday Home Waste Collection Ltd, a company limited by shares registered in England and Wales with company no.11294789 and with its registered office at Unit 20 & 21 Bude Business Centre, Kings Hill Industrial Estate, Bude, Cornwall, England, EX23 8QN.
“Collection Day” means the day(s) on which the Waste is to be collected from the Property by the Company, as set out in the Contract Details (or otherwise as notified by the Customer to the Company).
“Consumer” means a Customer that is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
“Contract Period” means the period of time from when the Contract Details are signed and dated to when the Agreement is terminated in accordance with these Terms.
“Customer” means the customer (including any individual, body corporate, association, partnership, firm, trust, organisation or other entity) as identified in the Contract Details.
“EPA” means the Environmental Protection Act 1990.
“Goods” means the Bins and/or Waste Bags to be provided by the Company (or its agents, servants, sub-contractors, employees or otherwise) to the Customer as agreed under the Agreement.
“Loose Waste” means Waste presented for collection that is not placed inside the Bins nor the Waste Bags.
“Property” means the property from which the Waste is to be collected in accordance with the Agreement.
“Services” means the collection of Waste and/or disposal of Waste services to be provided by the Company (or its agents, servants, sub-contractors, employees or otherwise) to the Customer as agreed under the Agreement.
“Terms” means these terms and conditions.
“Transfer Note” means the Duty of care waste transfer note required to be signed by both the Customer and the Company in respect of the Services.
“Waste” means the waste type as more particularly set out in the Contract Details which the Company has agreed to collect and dispose of in performing the Services.
“Waste Bags” means the bags provided in accordance with the Contract Details.
“You” or “Your” means the Customer identified in the Contract Details that We are providing the Goods or Services to and who is required to pay for the Goods or Services that We supply.
“We”, “Us” or “Our” means the Company.
In these Terms unless the context otherwise requires:
a) words importing any gender include every gender and words importing persons include firms, companies and corporations and vice versa;
b) the headings to the clauses and paragraphs of, and schedules to, these Terms do not affect the interpretation;
c) any reference to an enactment includes reference to that enactment as amended or replaced and to any subordinate legislation or byelaw made under that enactment; and
d) where the word ‘including’ is used in these Terms, it will be understood as meaning ‘including without limitation’.
2. CONTACT INFORMATION
1. How to contact Us
1.1You can contact Us on the details set out in the Contract Details.
1.2 If You are a Business and You wish to give Us formal notice of any matter under the Terms, please see clause 10.5 of these Terms.
1.3 If You are a Consumer and You wish to cancel the Agreement, please see clause 9.4 of these Terms.
2. How We may contact You
If We have to contact You We will do so by telephone or by writing to You at the email address or postal address set out in the Contract Details.
3. IF YOU ARE A CONSUMER
This clause 3 only applies if You are a Consumer.
If You are a Consumer, You may only purchase Goods or Services from Us if You are at least 18 years old.
4. IF YOU ARE A BUSINESS CUSTOMER
This clause 4 only applies if You are a Business.
4.1 If You are not a Consumer, You confirm that You have authority to bind any business on whose behalf You enter into the Agreement to purchase Services.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between You and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into the Agreement You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.4 You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
5. SUPPLY OF GOODS AND SERVICES
5.1 The Agreement will commence on the date of the Contract Details and continue until terminated in accordance with these Terms.
5.2 We shall provide You with a Transfer Note for completion and signing, and no Goods or Services will be provided until the Transfer Note is completed and signed by both Customer and the Company. You are responsible for the accuracy and completeness of the information provided in the Transfer Note.
5.3 We shall provide the Goods and/or the Services and any Additional Services in consideration of the Charges in line with the Contract Details.
5.4 Additional Services will only be offered during the months of January, February and March with the option of an additional clean (if required) during the month of June.
5.5 Any times, days and dates quoted for delivery of the Goods and/or provision of the Services are approximate only and time shall not be of the essence.
5.6 We may refuse to perform the Services (with or without notice) if We believe that performance of the Service would be unsafe or could cause injury or death to any person, damage to any property or result in criminal or civil liability. We shall not be liable to you for any costs incurred, or losses suffered by you following such a refusal. You will indemnify us from and against all losses, damages and costs arising from any refusal by us under this clause 5.7.
5.7 Ownership in the Waste passes to Us on collection. We are entitled to process and/or dispose of the Waste using any appropriate licensed process available and, unless We agree otherwise in writing, to retain any proceeds.
5.8 You will report any defects in the Goods within 5 business days of delivery of the Goods.
5.9 We may without notifying You make any changes to the Goods, the Services and/or the manner in which they are provided to You where:
5.9.1 We are required to do so in order to comply with any relevant or applicable statutory or regulatory requirements; and/or
5.9.2 the changes do not materially affect the nature or quality of the Service provided.
5.10 Our aim is to provide You with the Goods and/or Services:
5.10.1 using reasonable care and skill;
5.10.2 in compliance with all applicable laws and regulations in force at the time We are providing the Goods or Services, provided that We shall not be liable under the Agreement if, as a result of such compliance, We are in breach of any or Our obligations under the Agreement;
5.10.3 using reasonable endeavours to ensure that the Goods or Services accord with the Contract Details; and
5.10.4 observing all reasonable applicable health and safety rules and regulations and security requirements (and where applicable specifically to the Property, those you have informed Us of), provided that We shall not be liable under this Agreement if, as a result of such observation, We are in breach of any of Our obligations under the Agreement.
6. CUSTOMER OBLIGATIONS
6.1. Unless otherwise agreed in writing by the Company, the Customer shall:
6.1.1 ensure that on each Collection Day the Goods are safely and readily accessible to the Company (or its agents, servants, sub-contractors, employees or otherwise) and its vehicles to carry out the Services. The Company accepts no liability for damage caused to any Customer and/or third party property, surfaces, driveways, drainage or other services over or under which access is required in providing the Goods and/or the Services.
6.1.2 place the Waste in the Waste Bags and Bins provided. Unless otherwise stated in the Contract Details, We are not obliged to collect Loose Waste. If We agree to collect Loose Waste, We will remove it and invoice accordingly depending on the number of Waste Bags filled with such Loose Waste on each Collection Day.
6.1.3 wrap any sharp objects (e.g. glass or metal) before placing them in the Waste Bags and, if possible, place them in a solid, labelled box inside the relevant Bin.
6.1.4 not place in the Waste Bags or Bins any bulky waste, garden waste or clinical waste/sharps. Any Waste Bag presented for collection containing such items will not be collected.
6.1.5 indemnify and keep indemnified the Company in respect of any and all losses and/or costs incurred by it through the collection and disposal of Waste located outside of the Bins or Waste Bags including any handling, disposal and/or transportation costs and the Customer agrees such additional charges on demand.
6.2 You confirm that You have full authority to instruct Us to collect and dispose of the Waste from the Property. You shall indemnify Us from and against any cost or expense We suffer or incur from any third party as a result of Your not having the authority to instruct Us to provide the Services.
6.3 If You are a Business, You warrant that You have complied with and will continue to comply with all obligations imposed upon You by law in relation to the Waste, including but not limited to the statutory duty of care imposed by the EPA and the Environmental Protection (Duty of Care) Regulations 1991 and the Hazardous Waste Regulations 2005.
7. DELIVERY OF GOODS
7.1.We shall deliver to the Property the Bins and Waste Bags in accordance with the Agreement.
7.2.Further Bins and Waste Bags may be requested from the Company and these shall be delivered to You in accordance with the Agreement. For the avoidance of doubt, We are under no obligation to provide further Goods requested by You.
7.3.You will own the Goods once We have received payment in full.
7.4 Without prejudice to clause 7.5, the Goods will be Your responsibility from the time We deliver the Goods to the Property (or such other address as notified to Us in the Contract Details).
7.5 If for any reason You fail to accept delivery of any Goods, and/or We are unable to deliver because insufficient instructions, authorisations and/or access have been provided, the Goods will be deemed to have been delivered and the Charges will be payable accordingly. The Company may store the Goods until physical delivery is possible, during which time You shall be liable for all storage and re-delivery costs and expenses actually incurred by the Company.
8.PAYMENT
8.1 All sums payable by the Customer under the Agreement are to be made by way of bank transfer or cheque upon receipt of our invoice.
8.2 In the event that the Bins and/or Waste Bags cannot be lifted by the Company vehicle for whatever reason outside the Company’s control, all additional costs associated with the Services actually incurred by the Company will be charged to the Customer, including any further delivery or collection charges.
8.3 We are entitled to charge for any Services which We are unable to carry out due to:
8.3.1 inability to gain access to the Property and/or remove the Waste; or
8.3.2 if the Customer is a Business, the business being closed.
8.4 We reserve the right to increase the Charges and shall communicate any increase to You in writing not less than 14 days prior to the date on which the increase will become effective.
8.5 Subject to clause 9.6.1, if you fail to make any payment by the due date, We shall, without prejudice to any other rights set out within the Agreement or otherwise available by law, be entitled to:
8.5.1 charge You interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount;
8.5.2 suspend the Services;
8.5.3 terminate the Agreement; and/or
8.5.4 retain all Charges already paid under the Agreement, regardless of whether the Goods and/or Services have been provided.
8.6 You shall indemnify, and keep indemnified, the Company in respect of all and/or any loss suffered by the Company (whether from a third party claim or otherwise) under the Agreement including damages, charges, penalties, fines, costs, value added tax, expenses, and/or any other loss and/or liabilities due to, but not limited to, the Customer’s (and/or its employees, agents, officers, contractors, third parties under the express or implied control or direction of the Customer or persons at the Property) action, omission and/or breach under the Agreement.
9. TERMINATION
9.1 Subject to early termination provisions contained in these Terms, either party may terminate this Agreement in writing. If the Services are being provided on an annual basis, the Agreement will end 28 days after the day on which the notice is deemed received. Otherwise, the Agreement will end immediately on deemed receipt of the notice.
9.2 We will inform the relevant local authority promptly on termination of the Agreement to advise that We are no longer undertaking the Waste disposal Services for the Property and therefore the relevant Transfer Note is terminated.
9.3 If We are required under these Terms to provide a refund of Charges already paid in respect of any Services not provided, such refund will be provided on the following terms and subject to administrative charges:
9.3.1 if the Services are provided on an annual basis (subject to the size of the property), the annual fee will be pro rated and a refund calculated for each full calendar month during which the Services have not been provided;
9.3.2 if the Services are provided on a roll by roll basis, £4.50 will be refunded for each blue bag (purchased separately) not used; £3.50 will be refunded for each blue bag purchased with a green bag not used; and £3.50 will be refunded for any green bag (purchased separately) not used;
9.3.3 in respect of Bins not provided, a full refund of the cost of the particular item not delivered to the Property before the Agreement is terminated.
If the Services are provided on an ad-hoc basis, there will be no refund available as payment for such Services is made only after the Waste has been collected.
9.4 If You are a Consumer:
9.4.1 and you wish to end the Agreement because of something we have done or are going to do (i.e. there is a risk that the Goods or Services will be significantly delayed because of events outside Our control, We have suspended supply of the Goods or Services for technical reasons or because of something We have done wrong), you can end the Agreement with immediate effect and We will refund You for any Services which have not been provided in accordance with clause 9.3 of these Terms.
9.4.2 You have a legal right to change Your mind within 14 days and receive a refund. However, please note that in the case of Services, if You cancel after We have started the Services, You must pay Us for the Services provided up until the time You tell Us that You have changed Your mind.
9.4.3 You do not have the right to change your mind if the Services have been completed, even if the cancellation period is still running.
9.4.4and We are not at fault and there is no other right to change Your mind under the Agreement, You can still tell Us you want to end the Agreement before it is completed. If the Services are being provided on an annual basis, the Agreement will end 28 days after the day on which You contact Us. Otherwise, the Agreement will end immediately and We will refund any sums already paid by You for Services not provided in accordance with clause 9.3 of these Terms. However, We may deduct from that refund (if an advance payment has been made) reasonable compensation for the net costs We will incur as a result of Your ending the Agreement.
9.5 If You are a Business:
9.5.1either We or You may end the Agreement if:
9.5.1.1the other party takes any step or action in connection with its entering administration, 9.5.1.2 provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
9.5.1.2 the other party suspends or threatens to suspend or ceases or threatens to cease to carry on all or a substantial part of its business; or
9.5.1.3 the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
9.5.2 and the Services are being provided on an annual basis, subject to any early termination provisions contained in these Terms, either party may terminate the Agreement in writing giving 28 days’ written notice. Otherwise, the Agreement will end immediately on service of written notice by either party.
9.5.3 on termination of this Agreement for whatever reason, You shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Goods or Services supplied but for which no invoice has been submitted, We may submit an invoice, which shall be payable immediately on receipt.
9.6 We may end the Agreement at any time by writing to You if:
9.6.1 You do not make any payment to Us when it is due in accordance with clause 8 of these Terms and You still do not make payment within 14 days of Us reminding You that payment is due.
9.6.2 You do not, within 7 days of Us asking for it, provide us with information that is necessary for Us to provide the Goods and/or Services.
9.6.3You do not, within 7 days of the agreed delivery date as set out in the Contract Details, allow Us to deliver the Goods to You or collect the Goods from Us.
9.6.4 You do not, within 14 days of the weekly collection date set out in the Contract Details (or as otherwise determined by the parties if not weekly collections), allow Us access to the Property in order to supply the Services.
9.6.5 You commit a material breach of any term of this Agreement which is not capable of remedy or (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so.
9.6.6 You do not perform Your obligations under the Agreement within the time frame set out within this Agreement or where there is no time set out, within 7 days (and clause 9.7 will apply). Alternatively We may make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result.
9.6.7 the Waste disposal facilities used by Us are significantly changed and such changes are outside Our control (without incurring any liability to You whatsoever).
9.7 If You are a Consumer and We end the Agreement in accordance with clause 8.6 of these Terms, We will refund any money You have paid in advance for Services We have not provided (in accordance with clause 9.3) but We may deduct or charge reasonable compensation for the net costs We will incur as a result of Your breaking the Agreement.
9.8 You shall inform Us in the event that the ownership of the freehold of the Property is transferred, assigned or otherwise disposed of. In such circumstances We will refund any sums already paid by You for Services not provided (in accordance with clause 9.3) after the date such change of ownership takes effect.
9.9 For the avoidance of doubt on termination of the Agreement, howsoever caused, the Company’s rights contained in clauses 7, 8, 9 and 10 (and not to the exclusion of the remainder of the Terms) shall remain in full force and effect.
9.10 Termination or expiry of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
10. GENERAL
10.1 Any liability of the Company whatsoever under or in connection with the Agreement shall not exceed the amount of the Charges paid by the Customer under the Agreement.
10.2 The Company shall not be liable to the Customer nor deemed to be in breach of the Agreement by reason of any part performance, delay and/or failure in performing any of the Company’s obligations in relation to the Goods and/or the Services if caused by any circumstance or cause beyond the Company’s reasonable control.
10.3 If any circumstance referred to in clause 10.2 prevents the Company from providing any of the Services for more than 28 days the Company shall, without limiting any right or remedy it may have against the Customer, have the right to terminate the Agreement by giving written notice in accordance with clause 9.1 of these Terms.
10.4 You acknowledge that in entering into the Agreement You do not rely on and shall have no remedy in respect of any statement, representation, warranty or other assurance of any person other than as expressly set out in the Agreement. Nothing in this Agreement shall limit or exclude liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or breach of the terms implied by section 2 of the Supply of Goods & Services Act 1982.
10.5 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
10.6 Any notice given under or in connection with the Agreement shall be:
10.6.1 in writing and shall be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or by email to the details set out in the Contract Details.
10.6.2. deemed to have been received:
10.6.2.1 when delivered by hand, when left at the specified address;
10.6.2.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second business day after posting;
10.6.2.3 if sent by email, on the next business day following transmission.
10.7 The failure of the Company to enforce or to exercise at any time or for any period of time, any term of or any right pursuant to the Agreement, does not constitute and shall not be construed as a waiver of such term or right and shall not affect the Company’s right to enforce or exercise it.
10.8 If any provision in the Agreement is held to be invalid or unenforceable in whole or in part, the validity of the remaining provisions within the Agreement shall not be affected.
10.9 The Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between them relating to the Goods and/or the Services.
10.10 In the event of a conflict arising between the terms of the Contract Details and the Terms, the Terms will prevail.
10.11 The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, shall be governed by, and construed in accordance with the law of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.
10.12 The Company may assign the Agreement and the rights and obligations thereunder. The Customer cannot assign or otherwise transfer and/or dispose of its rights and/or obligations under the Agreement unless with prior written consent of the Company.
10.13 Subject to clause 10.12 of these Terms, no terms of the Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to it.
10.14 We reserve the right to amend the Agreement on not less than 14 days’ written notice to You. You may change the Services permanently or temporarily only if We agree in writing. We will not have to implement any change until both parties make written amendments to the Agreement and to the Transfer Note as are necessary to give effect to the change.