B&K ENVIRONMENTAL SERVICES LIMITED
TERM AND CONDITIONS
FOR DEPOSIT/COLLECTION OR AWAY/IN OF WASTE
YOU, THE CUSTOMER, MUST ENSURE THAT YOU ARE PROPERLY COVERED. BY INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS CONTRACT
'Owner' is B&K Environmental Services Limited.
'Customer' is the company, firm, person, corporation or public authority contracting with the Owner and includes their successors or personal representatives.
'Site' means the address of the Customer or such other place specified by the Customer for the purposes of this contract.
'Collection' means the Owner collecting waste material from the Site by means of loading it into the Owner's vehicle.
'Delivery' means the Owner delivering and depositing onto the Site.
1. EXTENT OF CONTRACT
No terms other than those expressly contained herein shall apply to or form part of the contract. If the Customer is not hiring as a consumer, but as a business there are excluded to the fullest extent permitted by law any implied warranties as to condition, quality and fitness for purpose.
2. CONDITIONS APPLICABLE TO DELIVERY
a) The Owner shall be entitled to effect Delivery at such time or times as have been agreed. If the Customer is unable to take delivery when the Owner is ready to effect Delivery, the Customer shall pay any additional charges and expenses Incurred by the Owner in waiting, storage or disposal of the materials to be Delivered.
b) The Owner shall affect Delivery where directed by the Customer unless the driver deems it to be unsafe in which event the Owner shall be permitted to effect Delivery at the nearest available safe place.
c) Subject to paragraph (b) above, the Owner shall, where reasonably possible, follow the instructions for Delivery given to the driver by a Site supervisor. The Customer shall indemnify the Owner against any loss, injury, damage, expense or claim incurred by the Owner as a result of following. such instructions. The Owner will not be responsible for loss or damage to tangible property at the Site caused by the Delivery.
d) The Owner does not warrant or represent that the material to be Delivered shall be fit for any particular purpose or be of any particular quality or will comply with any samples seen or provided.
3. CONDITIONS APPLICABLE TO COLLECTION
a) The Owner does not warrant or represent that the vehicle supplied for Collection shall be fit for any special purpose.
b) The Customer shall satisfy himself as to the type and condition of the vehicle supplied at the time of Collection. The Owner is not liable to the Customer if the vehicle suppled is different from the one ordered, as regards its type, condition, capacity or size.
c) The Owner shall be responsible for loading material onto the Owner's vehicle at Collection in a safe and proper manner.
d) The Customer shall not load the vehicle with dangerous, corrosive, harmful, poisonous or toxic substances or materials. The Customer shall indemnify the Owner against the costs of safe disposal of any such items which are Collected.
e) The Customer shall be responsible for the consequences of the nature of and the condition of the materials put into the container at Collection. The Customer shall ensure that the container is not overloaded, or unevenly loaded with heavy or bulky materials on the top.
f) The Owner will not be responsible for loss or damage to tangible property at the Site caused by the Collection.
Any person supplied by the Customer to supervise in the Collection or Delivery shall be deemed to be under the Customer's control who alone shall be responsible for any damage caused to person or property as a result of the supervision of Collection or Delivery. In particular if the Delivery or Collection is directed to be off the public highway, the Customer shall be responsible for damage to property caused during such Delivery and Collection.
5. THE SITE
a) The Customer warrants to the Owner that the Site is in a safe and suitable condition to effect Collection and/or Delivery with the Owner's vehicle and in particular that there is adequate access, ground conditions and space at the Site for the purposes of this Contract.
b) The Customer warrants to the Owner that there will be suitable and sufficient persons and equipment at the Site to assist in effecting Collection and/or Delivery.
6. CONSENTS ETC.
The Customer warrants to the Owner that he has obtained all consents, licenses, permissions, authorisations and the like which are required for the Delivery or Collection.
7. ACCESS BY OWNER
The Customer shall at all reasonable times allow the Owner, his agent, employees and insurers to have access to the Site to inspect it for the purposes of assessing Delivery and Collection.
8. CUSTOMER TO INDEMNIFY OWNER AGAINST THIRD PARTY CLAIMS
The Customer shall at all times indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property caused by, or in connection with, or arising out of, the Collection or the Delivery, and in respect of all costs and charges in connection therewith.
9. CONSEQUENTIAL LOSS ETC.
a) The Owner shall not be liable for any consequential loss or damage arising from this contract.
b) The date and time for Delivery and Collection are estimates only and the Owner shall not be liable for the consequences of late Delivery or of late Collection.
c) The Owner shall not be liable for any delay or default in performance arising out of force majeure or any reason outside of is reasonable control.
d) Save for liability for death or personal injury caused by the Owner's negligence (which shall be unlimited) the Owner's liability to the Customer shall not exceed the charges for the Contract.
10. PAYMENT OF CHARGES
a) All charges are payable on demand and unless the Customer has a credit account with the Owner all charges must be paid in advance. If the Customer has a credit account, invoices must be paid by the Customer as per terms of credit agreement. The Owner may suspend or terminate any contract with the Customer if the Customer is in breach of this or any other contract with the Owner or if the Customer's credit references are inadequate or if a credit account is overdue for payment.
b) If payment of a charge or other sum due under the contract is not made on its due date for payment the Owner may charge interest at the rate of 4 % per annum over the base rate from time to time of HSBC Bank.
11. TERMINATION FOR BREACH OF CONTRACT
a) This Contract shall immediately be terminated without any notice or other act on the part of the Owner if the Customer:
- defaults in the payment of any sums due to the Owner; or
- fails to observe and perform the terms and conditions of this Contract; or
- suffers any distress or execution to be levied against him or makes or proposes to make any arrangement with his creditors or is made bankrupt or, being a Company, goes into liquidation, administration or receivership.
b) The termination of the Contract under this Clause shall not affect the right of the Owner to recover from the Customer any moneys due under this Contract or damages for breach of this Contract.
c) The waiver by the Owner of any breach of any term or condition of this Contract shall not prevent the subsequent enforcement of that term or condition and shall not be deemed a waiver of any subsequent breach.
v3 May 2019