BeWise Waste Solutions Ltd

BeWise Terms & Conditions

Definitions
“The Company” means BeWise Waste Solutions Ltd, The Customer means the party with whom the company contracts. The Contract” means any contract between the Customer.”The Goods” means the goods the customer buys or hires from the Company; “The Services” means the services provided by the Company to the customer. i.e. Waste Disposal, Industrial services etc.

General These conditions shall apply to the exclusion of all other terms and conditions issued by the customer These conditions may not be varied except in writing by the company’s Proprietor.

Any quotations given by the Company to the customers an invitation to the customer to make an offer to the contact with the Company, within the period stated in the quotation and if no period is stated. Within 30 days from the date of quotation.)

No order placed by the Customer shall be deemed to be accepted by the Company until written acknowledgment of the order is issued by the Company or (if earlier) the company delivers the goods also refers to the collection of goods. Any reference to the collection of goods also refers to the collection of goods.

The customer shall co-operate with the Company in all matters relating to the service of goods.

It is the waste producer’s responsibility to ensure all containers are safe, sealed, secured to pallets (where applicable) and labeled in accordance with all current legislation prior to our arrival and subsequent transport of the waste/s off site. If we are required to supply and/or affix labels, then a surcharge will be applied subject to the quantity and time required to perform such a service. If we are unable to provide any of our services, in part or full, at the time of collection on technical, access, operational or health and safety grounds, then we reserve the right to submit charges associated with lost time/administration/aborted journeys and cancellation fees as applicable.

The Customer has no authority to sell or subcontract the use of the Goods in any way, unless by prior agreement by the Company in writing. The Company shall not be under any liability to the Customer or to any third party (including the customer’s employees or agents) for any injury, damage or loss howsoever caused in respect of or arising from the Goods, the installation thereof or any defect therein or from any error or omission made by the Company, other than direct physical loss or direct physical damage arising from the sole negligence from the Company or employees. The Customer warrants that it will at all times use the Goods in a safe manner.

The Goods will be inspected prior to dispatch and the Customer will be required to confirm receipt and that the Goods are in good order prior to acceptance of the delivery in writing on the Company’s documentation. The Goods are supplied with or without rental charges (by prior agreement with the Company) for the purpose of the agreed use only. At no point may the Customer change the use of the Goods without notification to the Company and consequential acceptance by the Company in writing.

The rental for Wastesafes is charged monthly in advance or part thereof subject to delivery date. Rental for Wastetubes is charged as and when Wastetubes are emptied or once per annum solely at the Companies discretion. All Goods being collected from the Customer for disposal of the contents will attract the relevant disposal/transport and documentation costs as agreed. The Goods will be replaced or returned subject to stock levels and solely at the Companies discretion. It is the Customers sole responsibility to handle and treat the Goods with reasonable care once in their rental or supply term and take waiting time rate as set out in the Company’s quotation.

The Company will carry out maintenance where necessary. All damage, theft or misuse resulting in the Goods requiring repair or replacement will be invoiced to the Customer and require immediate payment.

Completion of the relevant sections of the Waste Consignment Note and provide the original copy to the driver. Failure to complete this correctly may result in the lorry being turned away at the disposal facility.

Waiting time (Demurrage) if BeWise Waste Solutions Ltd have sourced transport for waste (levied in 15 minutes) will be charged after the first hour on site and this will be at our current hourly rate.

Price
The prices for the good or services shall be those in the Company’s most written confirmation to the Customer The Company’s prices are exclusive on value added tax but will be inclusive of Landfill Tax where appropriate Unless specifically stated in our quotation, loading is to be carried out by the Customer.

The quoted price is fixed for 30 days unless otherwise stated.

Payment
Important: We require a fully completed credit application form for new/dormant accounts and an official purchase order from you in writing before any works can commence. This quotation excludes VAT. All quotations provided and any purchase orders accepted, are strictly subject to our standard terms and conditions of sale & trading, which are available upon request. We reserve the right to charge for administration, documentation and other associated costs should an official purchase order be cancelled once issued to us and accepted.

Payment for the services or goods is due 30 days from the removal of materials from site or the supply of goods, unless agreed in writing by a director of the company. Time for payment is of the essence. Payment must be made in full without deduction or withholding of any kind. No payment shall be deemed to have been received until the company has received cleared funds.

Late payment for whatever reason, shall entitle the company to charge interest on the full outstanding amount from the due date for payment at the annual rate of4% above the base lending rate from time to time Nat West PLC accruing on a daily basis until payment is made.

The Company reserves the right to suspend, withdraw or cancel services, and suspend delivery of good, in the event of late payment by the customer.

All prices for disposal are strictly subject to the provision that they may be revised following a full assessment of the implications of the current Waste Acceptance Criteria (WAC) and/or other legislation, including but not limited to: CDG, TPE, COMAH, Special Waste Amendment (Scotland) Regulations 2004, Hazardous Waste (England & Wales) Regulations 2005 and Duty of Care.

All prices are strictly subject to waste samples/material safety data sheets/a waste producer declaration or control form if required/appraisal by our Technical Operations department AND wholly subject to the Environment Agency SECTOR GUIDANCE NOTE S5.06 (DEC 2004) FOR THE PRE-ACCEPTANCE AND ACCEPTANCE OF WASTES (OR THE BEST PRACTICE GUIDE IN THE CASE OF WML FACILITIES).

Treatment Acceptance Conditions
The price quoted is based on the details completed on the waste declaration form and relates to the concentrations observed in the chemical analysis related to the material. This is based on the understanding that is representative of the material as a whole. BeWise Waste Solutions Ltd reserve the right to refuse material where it is felt that this is not the case.

Non-conformances: Should the waste material/s differ from the description, quantity, waste samples, material safety data sheets and/or a waste producer declaration or control form in any way/form whatsoever, then we reserve the right to either reject the load in part or its entirety or process the wastes and levy any appropriate surcharges associated with disposal/chemist services/transport and/or operational time. For rejected loads, a minimum charge in relation to chemist/operational fees of £250.00 net plus associated storage/transport/documentation costs will apply. Specific to Containerized Wastes: All disposal costs quoted for containerized

Wastes (for example but not limited to drums and IBC’s), assume a specific gravity value of 1.0, for example a 200ltr volume drum will be equivalent to a maximum weight of 200kg unless otherwise agreed. We reserve the right to levy additional charges in respect of increased specific gravities at a minimum pro-rata rate.

Specific to Flammable/Solvent Wastes: All quotations in respect of flammable/related wastes are wholly based and strictly subject to the materials viscosity being 100% liquid and fully pumpable, unless otherwise specified. Any sludge’s (either pumpable or not) or solid contents whatsoever, will incur significant surcharges for disposal and potentially subject to other surcharges as defined within our standard non-conformances. All solvent prices are based on the materials being strictly non-halogenated unless otherwise specified. Specific to Palletised Wastes (small packages):

All disposal costs quoted for this type of materials assume a maximum total pallet size of 1 m3 each and a maximum weight of 500kg per pallet unless otherwise agreed. Additional volumes/weights will be charged at a minimum pro-rata rate. Specific to ‘BeWise Waste Solutions Ltd branded containers (including ‘safes’ / ‘tubes’): Owner of the BeWise Waste Solutions Ltd (“The Company”) User of containers (“The Customer”) Wastesafe/Wastetube (“The Goods”)

If concentrations are subsequently found to be found higher than expected, but still treatable then any additional expense incurred in treatment will be indentified and treated and valued as a variation under the contact and charged accordingly. If the waste is unsuitable to be treated and an alternative disposal site needs to be found then additional costs including transport, disposal and any paperwork requirement, costs will be passed on the Customer. Legal title to all Goods rented by The Customer from The Company shall remain with the Company at all times. The Company shall have the absolute authority to retake, sell or otherwise deal or dispose of any/all of the Goods and the Customer grants to the Company the right to enter onto the Customers property to retake the same without notification.

The Customer has no authority to sell or subcontract the use of the Goods in any way, unless by prior agreement by the Company in writing. The Company shall not be under any liability to the Customer or to any third party (including the customer’s employees or agents) for any injury, damage or loss howsoever caused in respect of or arising from the Goods, the installation thereof or any defect therein or from any error or omission made by the Company, other than direct physical loss or direct physical damage arising from the sole negligence from the Company or employees. The Customer warrants that it will at all times use the Goods in a safe manner.

The Goods will be inspected prior to dispatch and the Customer will be required to confirm receipt and that the Goods are in good order prior to acceptance of the delivery in writing on the Company’s documentation. The Goods are supplied with or without rental charges (by prior agreement with the Company) for the purpose of the agreed use only. At no point may the Customer change the use of the Goods without notification to the Company and consequential acceptance by the Company in writing.

The rental for Wastesafes is charged monthly in advance or part thereof subject to delivery date. Rental for Wastetubes is charged as and when Wastetubes are emptied or once per annum solely at the Companies discretion. All Goods being collected from the Customer for disposal of the contents will attract the relevant disposal/transport and documentation costs as agreed. The Goods will be replaced or returned subject to stock levels and solely at the Companies discretion. It is the Customers sole responsibility to handle and treat the Goods with reasonable care once in their rental or supply term and take preventative maintenance where necessary. All damage, theft or misuse resulting in the Goods requiring repair or replacement will be invoiced to the Customer and require immediate payment.

The Customer will be required to furnish the Company with one month’s written notification for removal of any Goods resulting in the termination of use. The Goods are supplied on a contracted fixed term basis, this period being a minimum of 12 months from date of delivery unless otherwise agreed by the Company.

Liability
Nothing in the Contact limits or excludes the liability of the Company (i) for death or personal injury resulting from negligence, (ii) for fraud or fraudulent misrepresentation,(ii) under part 1 of the Consumer Protection Act 1987: or (v) breach of the Company of the condition as to title or as to quite possession implied by section 2 of the Supply of Goods Act 1982.

The Company shall not be liable for any damage, loss, act or omission caused as a result of any circumstance outside of the Company’s control.

General
The Company may assign the Contact or any part of it to any person, firm or company.

The Customer shall not be entitled to assign the Contact or any part of it.

A waiver by the Company of any right under the Contact (i) is only effective if it is in writing and (ii) shall not be deemed a waiver of any subsequent breach. This contact is governed by English

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