Terms & Conditions of Service

Definitions - In these terms and conditions:

“Account Customers” shall mean Clients with whom We have agreed credit terms in writing;

“Agreement” means these terms and conditions any Specific Terms agreed by the Parties’ authorised representatives and any amendments thereto agreed in the manner set out in these terms and conditions.

 “Charge” and “Price” mean any charge and/or price for Services set out in the Price List available on Our website at http://www.weclearjunk.com/rubbish-collection-london/prices and any additional charges levied hereunder including but not limited to any abortive or cancellation charges, storage charges, additional transport charges, disposal charges, interest, late fees, legal fees and debt recovery costs;

“Client” means a person, partnership or company or other type of trading organisation which orders Services subject to these conditions;

“Insolvent” means the Client becoming unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, the levying or the threat of execution or distress on any of your property, the appointment of a receiver or administrative receiver over all or any part of your property, a proposal for a voluntary arrangement or compromise between the Client and its creditors whether pursuant to the Insolvency Act 1986 or otherwise, the passing of a resolution for voluntary winding up or summoning a meeting to pass such a resolution other than for the purpose of a bona fide amalgamation or reconstruction, the presentation of a petition for the Client’s winding-up or for an administration order in relation to the Client, the Client suffers any analogous step or proceedings under foreign law or the Client ceases or threatens to cease to carry on its business.

“Legislation” means the Hazardous Waste Regulations 2005, Waste (England and Wales) Regulations 2011, Control of Pollution Act 1974, The Environmental Protection Act 1990, the Duty of Care Code of Practice and any other legal requirements for handling Waste and any amendments to the said legislation or any legislation replacing the said legislation;

“Needle Sweep” shall mean a reasonable search of a specified area, followed by manual collection of any visible sharp objects and needles into locked containers and their safe disposal, the purpose of which is to reduce the risk of injury to the public or employees from needles or other sharp objects;

“New Account Customers” shall mean Clients that have an account with Us but have not yet agreed credit terms;

“Order” shall mean a telephone or written order submitted to Us by the Client including where relevant: full site address, any restrictions on access to the Site, type, weight and dimensions of the Waste, (including p/c code if relevant), time and date of required performance;

“Quote” or “Estimate” means an offer to treat issued by Us containing a non-binding estimate of the Price for the Service and proposed terms of performance for work specified by the Client;

 “Service” means either the collection of Waste from the Client, transport, storage and safe disposal of that Waste or the Needle Sweep service, which services are performed in accordance herewith, the Specific Terms of the Agreement and the Legislation;

“Site” shall mean the location where the Services are to be performed, solely occupied by the Client for the purposes of the Occupier’s Liability Act.

“Specific Terms” means any additional terms included in the Order, corresponding to the latest Quote issued by Us or, in the absence of a Quote, the terms previously agreed by the parties;

 “Waste” means any unwanted, redundant or surplus chattels, materials, residue, packaging or other waste held by a Client or no longer required by a Client or which a Client wishes to dispose of;

“Waste Transfer Note” means any document evidencing Our collection of Waste from the Client detailing the amount and nature of the Waste, the parties to the transaction, date and location;

“We”, “Us” and “Our” means We Clear Junk Limited of Unit 5 Bridge Park, Harrow Road, London, NW10 0RG (registered company number 05854639) and our officers and employees, as appropriate;

1.2. Any reference in these Terms and Conditions to any provision of a statute, statutory provision or other enactment shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time, provided that as between the parties, no such amendment or modification shall apply for the purposes of these Conditions to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of any party.

1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation

Contract

2.1 An Agreement shall arise upon Our acceptance of the Client’s Order or Our tacit acceptance of the Client’s Order by attending at the site on the date requested in the Order.

2.2. In the case of an order for a Needle Sweep Service, acceptance of the Order in accordance with clause 2.1. shall be subject to an assessment of the risk posed to our staff performed at Our discretion.

2.3. Any Price proposed in Our Quote or Estimate or by the Client in the Order shall not be binding upon Us and Charges for the Service shall be calculated solely on the basis of the actual amount of Waste collected, the amount of time spent collecting the Waste, transport, storage and disposal costs.

2.4. In the event of any discrepancy to Our detriment between any Specific Terms and these terms and conditions, these terms and conditions shall prevail.

2.5. In the event that the amount or dimensions of the Waste materially differ to those set out in the Order, Quote or Estimate, We reserve the right to rearrange the collection time and date due to the need to organise additional employees and/or different vehicles to perform the Services;

2.6. The amount of Waste collected shall be the amount stated in the Waste Transfer Note generated in accordance herewith.

2.7. If the Client fails to complete and sign a Waste Transfer Note evidencing the transfer of Waste to Us, We are authorised to complete and sign the Waste Transfer Note on the Client’s behalf.

2.8  Any person who signs the Waste Transfer Note on the Client’s behalf shall be deemed to have the Client’s actual authority to sign the same.

2.9. Subject to Our statutory duties under the Legislation, We shall have absolute discretion as regards the means of collection, transport and storage of the Waste and its transfer to a subsequent licensed waste holder or tip of Our choice.

Additional Charges

3.1  If, in Our sole opinion, the Service to be performed differs materially to that specified in the Order, Quote or Estimate, We may at our sole discretion:

refuse to collect the Waste and levy an abortive Charge on the Client;
collect part or all of the Waste and impose additional Charges to cover any additional costs of dealing with, removing, transporting, storing and/or disposing of the Waste, including without limitation, the additional costs of travel and disposal of the Waste at a suitable, licensed tip.

3.2. If the Service is cancelled less than 24 hours before the agreed date in the Order or We are unable to perform the Service for any reason attributable to the Client or any other reason beyond Our control, including but not limited to the inability to gain access to the Waste or Site or unavailability of the Client’s personnel, We may levy an abortive Charge on the Client.

3.3. We may impose a waiting time Charge per hour or part thereof if any of Our vehicles is required to wait at the Site in excess of 15 minutes beyond the normal timescale for collection.

3.4. If, for any reason beyond Our control or any event of Force Majeure, We are unable to transfer the Waste to a suitable tip or other licensed Waste holder on the day it is removed, We reserve the right to levy a storage Charge per day for storage of the Waste until such time as the Waste can be transferred to a suitable tip or other licensed Waste holder.

Payment

4.1. Unless otherwise agreed with Us in writing, Clients shall make payment on the date of performance of the Services.

4.2. New Account Customers shall pay invoices within 7 days of the date of an invoice or payment request from Us.

4.3. Account Customers shall pay invoices in accordance with the credit terms agreed with them.

4.4. All amounts due are subject to VAT at the statutory rate applicable from time to time.4.4. Payment by credit card shall be subject to a 5% surcharge.

4.5. Credit facilities may be withdrawn at any time at Our sole discretion, in which case all amounts and Charges due shall become immediately due and payable.

4.6. Notwithstanding Our agreement to grant credit, including, but not limited to Account Customers, We reserve the right to refuse to perform the Service if the arrangements for payment, the Client’s payment history or the Client’s credit rating are not satisfactory to Us.

Set-off and withholding

5.1. The Client may not set-off any amounts payable or deemed payable by Us for whatever reason against any amounts due to Us hereunder, unless We expressly agree to such set-off in writing.

5.2. We may off-set any amount due or deemed due to Us against any amount due to the Client.

5.3. The Client may not withhold payment of any amounts due to Us hereunder for any reason.

Insolvency and remedies for non-payment

In the event of a failure to pay any amount due to Us by the deadline for payment, Insolvency or a material change in the Client’s constitution or a material breach of this Agreement, We reserve the right to do any or all of the following, without prejudice to any other remedy at Our disposal and regardless of whether the Client is a business or a consumer:

6.1 withdraw any credit terms agreed with the Client, rendering any outstanding Charges immediately due and payable;

6.2 register the debt with one or more credit reference agencies, without liability on our part, which may affect the Client’s credit rating and adversely affect its business.

6.3. Impose interest of 2% per month (24% per annum) on any overdue amount;

6.4. impose the following late payment fees: (a) for a debt less than £1000, the sum of £40; (b) for a debt of £1000 or more, but less than £10,000, the sum of £70 and (c) for a debt of £10,000 or more, the sum of £100.

6.5. appoint a debt recovery agency to recover any amount due to Us and Charge the Client the costs of such recovery amounting to 10% of the amount due, which the Client hereby acknowledges to be reasonable for the purposes hereof and under the Late Payment of Commercial Debts (Interest) Act 1998, as amended, if applicable;

6.6. levy a Charge of £50 for any dishonoured cheque or defaulted instalment payment to cover debt recovery, administration and bank fees;

6.7. terminate the Agreement.

Compliance

7.1. The Parties undertake to comply with the Legislation in performance of the Agreement.

7.2. Any purported instance of non-compliance with the Legislation shall not give rise to any remedies in contract or tort on the part of the Client, in particular it will not give rise to any right to withhold, reduce or refuse any payment due to Us in accordance with these terms and conditions.

7.3. Where the Client or previous Waste holder conducts an audit in accordance with the Legislation, We shall provide assistance only in respect of the period during which We held the Waste.

7.4. We may use handheld PDA devices to enter the details of any Waste transfer into an electronic Waste Transfer Note, obtain the Client’s signature thereon subject to clause 2.6 hereof and send an electronic Waste Transfer Note by e-mail to the Client. The Client hereby agrees for Waste Transfer Notes to be generated in this manner.

7.5. The Client’s signature (subject to clause 2.6 above) of the Waste Transfer Note on the PDA device or hard copy of the Waste Transfer Note (if any) shall constitute final and binding confirmation that Waste of the type and amount stated therein has been transferred to Us and that the Service has been duly performed.

Warranties

8.1. The Client warrants that:

8.1.1.  it has prepared full and appropriate access for Our staff and vehicles to enter the Site from a public highway, with appropriate height and width clearance and appropriate weight-bearing capacity both as regard roads and surfaces and any infrastructure therein and shall bear full liability to Us for any loss or damage caused by unsuitable access, including, without limitation, any obstacles between the public highway and the Site;

8.1.2. it has fully secured any property, surfaces, glass, woodwork, chattels etc. on and in the vicinity of the Site, including without limitation, using cardboard, sheets, tape and other means of protection, to avoid damage during the removal of Waste;

8.1.3.  access, lighting conditions and visibility at the Site are sufficient for Us to perform the Service safely;

8.1.4.  it holds full legal title to the Waste or else is a waste broker for the actual Waste holder;

8.1.5. it understands and has complied with its duties as a waste holder under the Legislation, in particular, without limitation, it has applied the Waste hierarchy in accordance with the Legislation;

8.1.6. the description of the Waste provided to Us and any other information contained within the Order relating to the performance of the Service by Us including, where applicable, weight, dimensions, data sheets, directions, design drawings and plans, have been provided to Us and are complete and accurate;

8.1.7. it shall provide Us with safe and unfettered access to any Waste or place of performance of the Service, immediately upon Our arrival upon site;

8.1.8. the Waste has been carefully checked by the Client and its dimensions and weight are as set out in the Order;

8.1.9.  the Waste is all of the same type and does not contain any harmful, hazardous or chemical waste, needles or any other objects or substances that could cause harm, loss or additional expense to Us or our employees;

8.1.10. the Waste does not contain any asbestos and if asbestos is present, it has been accurately recorded in the site-specific asbestos register, which shall be presented to at the earlier of Our arrival on Site or its entry into the asbestos register

8.1.11. it has received clearance from any agreed discharge site for any harmful, hazardous or chemical Waste intended for collection by Us;

8.2.     We warrant that We will perform the Service with reasonable care and skill and in compliance with the Legislation. 

Exclusion and limitation of liability

Other than as set forth in these terms and conditions:

9.1. Time shall not be of the essence;

9.2.  We accept no liability for damage caused to the Client’s property, driveways, surfaces, drainage or other similar infrastructure over which access is required as part of the supply of the Service or which the Client has undertaken to secure against damage in its representations and warranties;

9.3. We shall not be liable or responsible for any matter beyond Our reasonable commercial control;

9.4. We shall not be liable for any injury caused by any needles, sharp objects or other hazards remaining at the Site;

9.5. We shall not be liable for any loss of production, loss of profits, loss of business or any indirect or consequential damage incurred by the Client, subject to clause 9.5, including without limitation, any loss due to a delay in the performance of Our services.

9.6. Subject to the foregoing, Our liability:

9.6.1. for any default in the performance of the Services shall be limited to the invoice value of the Services;

9.6.2 for any other loss shall be limited to £5,000,000.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit Our liability for death or personal injury as a result of Our negligence or negligence of Our employees or agents.

Indemnity

The Client shall hold Us harmless and indemnify Us, Our directors, officers and employees in respect of any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties, debt recovery costs as specified in clause 6 and legal costs, calculated on a full indemnity basis) suffered or incurred by Us, arising from or in connection with any breach of the Legislation, tort, wilful misconduct, negligent performance of or failure to perform this Agreement by the Client, including but not limited to:

10.1.   claims brought against Us by third parties related to contamination caused by the Claimant’s inaccurate description of the Waste or inaccurate documentation;

10.2.   claims brought against Us by third parties related to loss or damage caused by Our vehicles to property, driveways, surfaces, drainage or other similar infrastructure, over which the Client provided access to perform the Service

10.3    debt recovery and legal costs and expenses incurred by Us in connection with the non-payment of amounts due to Us under the Agreement, including but not limited to costs incurred in cases allocated to the small claims track.

Force majeure

We shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of the Services in relation to an Order placed by the Client if the delay or failure was due to any cause beyond Our reasonable commercial control, including without limitation: strikes, lock-outs or other industrial disputes (whether involving Our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, terrorist act, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse or severe weather conditions, severe traffic congestion, closure of the relevant disposal site or default of suppliers or subcontractors.

Duration and termination

 

12.1. The Agreement shall commence on the date the Order is accepted and shall continue until terminated by either party in accordance with these Conditions.

12.2. We may terminate the Agreement at any time without notice if:

12.2.1 the Client commits a breach of any of its contractual obligations hereunder;

12.2.2. commits a breach of the Legislation;

12.2.3. at our absolute discretion, We regard performance of the Services to pose a danger to Our employees, Our property, members of the public or Our customers, including, but not limited, to circumstances in which harmful, hazardous or chemical waste, asbestos, needles or other dangerous objects or substances are reasonably suspected be present or found in the Waste;

12.2.4. the Client becomes Insolvent.

12.3  The Client may terminate the agreement up to 24 hours before the Service is due to be performed. Any later termination shall entitle Us to charge an Abortive Charge for the Service.

12.4. Upon termination of the Agreement under this clause, any Charge or other amount due hereunder shall immediately become due and payable.

Amendments

Any amendments to the Agreement shall be made expressly in writing with the consent of both Parties’ authorised representatives.

Waiver

No acquiescence, forbearance, delay or indulgence by Us in enforcing any of the terms of this Agreement or the granting of time by Us to the Client shall prejudice, affect or restrict the rights and powers of Us hereunder.

 

Severability

If any provision in these terms and conditions is held by any competent court or other authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall remain in force and effect and the invalid or unenforceable provision or part of a provision shall be replaced by a valid and enforceable provision or part of a provision reflecting as closely as possible the wording and commercial intention of the invalid or unenforceable provision.

Entire agreement

16.1.   Subject to clause 2.3, these terms and conditions and the Specific Terms agreed by the Parties constitute the whole Agreement between the parties and supersede all previous written or oral arrangements between the Parties relating to its subject matter.

16.2.   Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms and conditions.

Governing law

The Agreement shall be governed by and construed in accordance with the laws of England and Wales.

Disputes

18.1. Any complaints regarding the Service, including, without limitation, any claims of damage to any Client property shall be made in writing to the above address within 24 hours of performance of the Service with full supporting photographic evidence;

18.2. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between senior executives of the Parties or their appointed representatives.

 

Jurisdiction and adjudication

 

19.1.   Subject to clause 19.2, the Willesden County Court shall have exclusive jurisdiction to consider any and all disputes arising out of or in connection with this Agreement.

19.2.   If the Agreement is a Construction Contract for the purposes of s. 104 and 105 of the Housing Grants, Construction and Regeneration Act:

any dispute between the Parties which cannot be resolved amicably shall be submitted for adjudication in accordance with s. 108 of that Act and the Adjudication Scheme referred to therein;
the parties appoint Charles Brown of Charles Brown Solicitors, Quoin House, Alfred Road, Sutton, Surrey, SM1 4RR, www.charles-brown.co.uk of the Technology and Construction Solicitors Association as the Adjudicator for any matter to be submitted for adjudication, save that if he is for any reason unable or unwilling to act, the Technology and Construction Solicitors Association shall be the adjudicator nomination body authorised to appoint an alternative adjudicator.
during any adjudication process, the appointed adjudicator shall have the power to allocate fees and expenses among the Parties.

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