Terms and Conditions - Lowe Brothers

Contract Terms and Conditions

We, Lowe Brothers Contract Management Ltd, Waste Disposal, processing and recycling specialists, for the purpose of the Environmental Protection Act 1990 (the “EPA””, which expression shall include any statutory modification or re-enactment thereof for the time being in force and all subordinate legislation enacted pursuant from the EPA from time to time) hereby warrant to you as follows:

We are an authorised person and a registered carrier/broker as defined in the EPA.
We are fully aware of our duties obligations and responsibilities in terms of the EPA, in performing our obligations under the contract (as defined below) and shall comply in all aspects with EPA, and/or any regulations made there under.

1. Interpretation

(a) In these conditions and in the contract, the following words shall, where the context allows, have the following meaning:

‘Agreed Waste’ means the waste to be disposed of and placed or deposited in the equipment supplied. ‘Contract’ means the contract overleaf between you and us of which these conditions form part.

‘Customer Advice Note’ means the waste transfer or duty of care note.

‘Equipment’ means all classes of machinery, equipment, plant, tools and apparatus supplied hereunder (whether on hire or otherwise) together with all renewals and replacements thereof or the component parts thereof and all extras, additions, spare parts and accessories forming part thereof or used in connection therewith and shall include, without prejudice to the foregoing generally skips, containers, stores, compactors and balers.

‘Hire/Service Period’ means the period stated overleaf from the date of the contract or if no date is specified the date of delivery of the equipment or such other period that may be agreed between us.

‘Hire/Services’ means the uplifting/shredding/recycling/destruction services or other services to be provided by us to you and described in the attached Customer Advice Note in relation to any equipment on hire at all. If any services supplied or provided by us to you in connection with or ancillary to such hire of equipment hereunder.

‘VAT’ means value added tax or any tax modifying or replacing the same: and

‘Charge for Landfill Tax’ means the charge for this tax payable by you to us for waste uplifted and disposed of to landfill. Charge for Landfill Tax shall be determined by the weight being disposed of multiplied by the current Landfill Tax Rate for the waste type at the time of uplift and is detailed separately on you invoice. Charge for Landfill Tax is subject to VAT.

‘Waste’ means the waste we are to take delivery of from you as described in the attached Customer Advice Note and/or Annual Transfer Note.

(b) Every condition set out in a paragraph shall be construed as a separate and independent condition severable from all or any of the conditions.

2. Acceptance of Terms

(a) All rates and prices quoted, all hire/services rendered and all orders received are quoted, supplied and received upon these conditions and these only.

(b) The giving or sending of any order by you shall constitute an acceptance of these conditions.

3. Price for the Services

(a) The price for Hire/Services is our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in our published price list current on the date the order for Services is accepted. All prices quoted are valid for 30 days only or, if earlier, until acceptance by you, after which time they may be altered by us only by giving notice to you.

(b) We reserve the right, by giving notice to you at any time before collection, to increase the price for Hire/Service.

(c) All prices for the Hire/Service are quoted or listed on the assumption that the Hire/Service are supplied or provided between the hours of 8.00 am and 5.00 pm on Monday to Thursday and 7.00 am and 4.00 pm on Friday. Any Hire/Services supplied or provided at your request out of these hours, including weekends, public holidays, local or statutory holidays shall be subject to such additional charge as we may notify you in writing from time to time.

(d) Prices are based on legislation and costs current at the Contract Commencement Date and are subject to variation in the light of changes in legislation or increases in costs which may occur at any time during this contract.

4. Payment

(a) The Hire/Services must be paid for in full by you within 30 days of the date of the invoices, unless otherwise agreed in writing by us. No deduction shall be made for or on account of anything whatsoever including, but not limited to, any setoff, counter-claim or present or future taxes. If any invoice is not paid in full by the due date, interest, compounded at the end of each month, shall by payable on the invoice or part thereof unpaid from the due date for payment until paid in full at the rate of 4% above the base rate of the Bank of England as varied from time to time.

(b) V.A.T. shall be charged at the rate ruling at the date of invoice.

(c) We reserve the right to delay performance of the Hire/Services under the Contract until outstanding payments under the Contract or any other contract between us have been received by us.

5. Delivery

(a) The Agreed Waste and/or the Waste shall be delivered by us collecting the Agreed Waste and/or the Waste at your premises or some other place for collection agreed by us or by you delivering the Agreed Waste and/or the Waste to our premises.

(b) If delivery of the Agreed Waste and/or the Waste is to be effected by us collecting the Agreed Waste and/or the Waste, you shall ensure that all necessary arrangements are made and you shall provide us with any instructions or other information required to allow us access to collect the Agreed Waste and/or the Waste.

6. Risk and Property

(a) Risk in respect of the Agreed Waste and/or the Waste shall pass to us at the time it is delivered to or collected by us in accordance with the Condition 5 above.

(b) Property in the Agreed Waste and/or the Waste passes to us at the time it is delivered to or collected by us in accordance with Condition 5 above and you warrant that you have undisputed right of title in and ownership of the Agreed Waste and/or the Waste, as the case may be.

7. Environmental Protection Warranties

You warrant to us for the purpose of the EPA as follows:

(i)you are fully aware of your duties, obligations and responsibilities in terms of the EPA and shall comply in all aspects with the EPA and/or any regulations made under it and all other United Kingdom legislation and regulations relating to the production, treatment, keeping, carrying or disposal of Agreed Waste and/or Waste.

(ii) Without prejudice to the generality of the foregoing you shall,

(a) Ensure that the Agreed Waste and/or the Waste is accompanied by such a written description as will enable us to comply with the EPA.

(b) Package and pack the Agreed Waste and/or the Waste to avoid any leakage, spillage or other escape from control of the Agreed Waste and/or the Waste.

(c) Ensure that the quality of the Agreed Waste and/or the Waste to be delivered or collected in terms of the Contract corresponds with the quality specified in the Customer Advice Note.

(d) Inform us of any particular requirements/hazards relative to the Agreed Waste and/or the Waste and knowledge of which is required to enable us to comply with our duties under the EPA ( all as defined by the EPA and/or any regulations made under it)

(e) Not place bins/containers on public roads including publicly maintained pathways unless you have obtained the necessary permits for occupation on public roads.

(f) Comply with the council’s requests in respect of lighting and/or the use of reflective materials.

(g) Obtain any planning consent for containers located within designated conservation areas and/or within areas subject to other planning controls.

(iii)In addition, where the Agreed Waste and/or the Waste is comprised wholly or partly of special waste (as defined by section 62 of the EPA and Control of Pollution (Special Waste) Regulations 1980 (as amended) (‘the regulations’)), you are fully aware of your duties, obligations and responsibilities in terms of the Regulations and shall comply in all respects with the regulations.

Without prejudice to the generality of the foreign you shall;

(a) Issue to the disposal authority for the area in which the special waste is to be disposed of a copy of the Consignment Note, not more than one month and not less than three clear days before the removal of the special waste

(b) Ensure that the special waste is accompanied by the requisite number of copy Consignment Notes, duly completed.

(c) Retain some copy of the Consignment Note, duly completed, all items of Regulations 4 and 5 of the Regulations Keep, at each site, a register containing copies of all Consignment Notes relating to special waste produced/transferred for disposal, all in terms of Regulation 13 of the Regulations; (all as defined by the Regulations).

(iv)You undertake to indemnify and keep us indemnified against all costs, claims, demands, expenses and liabilities of whatever nature arising out of any breach by you of the conditions of the warranty in this condition 7.

8. Forces Majeure

We shall not be responsible for any delay or failure to fulfil any of our obligations under the Contract and not be liable for any loss or damage suffered or incurred by you as a result of any delay in delivery or otherwise caused directly or indirectly by any one or more of the following: (i) strike, (ii) lockout, (iii) trade dispute, (iv) accident (whether to personnel or machinery, material, equipment or apparatus), (vi) defective material, (vii) breakdown of machinery, (viii) power failure, (ix) failure of crop, (x) Fuel shortage, (xi) lack of availability of supplies or materials, (xii) adverse inclement weather, (xiii) acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority, (xiv) Act of God, (xv) force majeure or by any other cause whatsoever, whether or not similar to those listed above, out of our control.

9. Cancellation and Default

(a) You commit a breach of these Conditions and in particular but without prejudice to the foregoing generality if: (i) you default in any payments: or (ii) you commit any breach or non-performance of your obligations hereunder: or (iii) you cease to carry on business: or (iv) you (being an individual) become apparently insolvent or are sequestrated or (in the case of a body corporate) have a receiver, administrator or liquidator appointed or (v) execution of a degree or diligence is levied against you, then we may terminate the Contract with immediate effect by written notice whereupon you shall no longer be provided with the Hire/Services and we may take possession of and remove our Equipment and enter upon any place where the Equipment is located for that purpose without the need of your consent (such consent being hereby expressly granted to us).

(b) In such an event and Contract is terminated, this will not discharge you of any of your pre-existing liability to us. On termination we shall be entitled to recover from you such loss, damage, costs and expenses we have suffered because of the termination.

10. Assignation/Sub-contracting

You shall not, without obtaining our prior written consent, assign or transfer or appear to assign or transfer the Contract or the benefit of or any interest in it to any other person.

We shall be entitled at our sole discretion to assign or sub-contract the whole or part of the Contract or any interest in it.

11. Notices

All notices etc., to be served by one party on the other shall be deemed delivered or served forty eight hours after posting if posted by registered or recorded mail to any other party’s address.

12. Certificate of Amount Owing

The amount of any sum owing by you to us under the Contract shall be sufficiently ascertained by a certificate from one of our directors and such certificate shall be final and binding on you for every purpose.

13. Miscellaneous

(a) If one or more of the provisions of the Contract is invalid, illegal or unenforceable in any respect this shall not affect or impair the validity, legality or enforceability of the remaining provisions.

(b)No failure or delay on our part to exercise any right, power, remedy or privilege shall operate as a waiver thereof.

(d) Where the context allows, a reference to the singular includes a reference to the plural and vice versa and a reference to any gender includes a reference to all genders.

(e) These conditions shall supersede all previous estimates, quotations, arrangements or agreements (whether writer or oral) relating to the provision and supply of the Equipment and the Hire/Services.

14. Applicable Law/Jurisdiction

These conditions and the Contract shall be constructed in accordance with the Law of England & Wales save that in the event that the Contract is performed in Scotland or Northern Ireland then the contract shall be constructed in accordance with Scottish or

Northern Ireland Law respectively. Both parties agree to submit to the jurisdiction to the jurisdiction of the English, Scottish or

Northern Irish courts as the case may be. Such submission to any party to any particular jurisdiction shall be without prejudice to our right proceedings in any other court of competent jurisdiction including without limitation the courts having jurisdiction by reason of your domicile of place of business.

The following additional Conditions shall also apply in respect of the hire of Equipment by you.

15. Access and Site

(a) You shall ensure that unrestricted access is available at all reasonable times to our employees and for our vehicles to all parts of the premises upon which the equipment is or to be situated or located.

(b)The equipment shall be sited and located on your premises in accordance with your instructions. You shall be solely responsible for the suitability of the location and shall ensure that all necessary certificates, licences, permits and authorisations in respect of the premises have been timeously obtained and are valid and fully complied with at all times during the Hire/Service period.

16. Removal/Refurbishment Charge

You agree at the termination of the contract that you will pay a removal or refurbishment charge (to be notified) for equipment. All charges are subject to VAT charged at the appropriate rate. Maintenance is the responsibility of the client.

17. Best Practicable Environmental Option for De-Mountable Containers

Best practicable Environmental Option (BPEO) should be adopted by the Waste Producer and Waste Carrier, minimum weight 1,500kgs, maximum weight 5,000kgs. Where the weight exceeds the maximum permitted each tonne shall be subject to a surcharge (to be notified).

18. Risk, Use of Equipment and Title

(a) You shall assume the entire risk for loss or damage (whether malicious or accidental) theft or destruction to the equipment from any occurrence whatsoever (fair wear and tear expected), and shall immediately notify us in writing of any loss, theft or destruction of or damage to the equipment or any part thereof.

(b) The equipment shall be used only for the holding of Agreed Waste and for no other purpose of waste material whatsoever. For the avoidance of any doubt, the warranties contained within Condition 7 hereof shall be equally applicable to Agreed Waste, We shall be entitled to make an additional charge to you in respect of Hire/Services provided in respect of disposing of waste material which is not Agreed Waste.

(c) We may in our sole and absolute discretion refuse to collect, handle or dispose of any waste material which we have cause to believe may be toxic, explosive, inflammable, special waste or otherwise dangerous or harmful to health or the collection handling or disposal of such waste material might cause us to us to incur any civil or criminal liability or unreasonable expense or unduly disrupt our working schedule or lose any of our site licences, permits or authorisations. We in such circumstances, shall dispose of such waste material at an additional charge to be agreed between us.

(d) The Equipment shall at all times remain our sole and exclusive property and nothing herein contained shall be constructed to imply that property or any right of title in and to the equipment shall or may pass to you at any time whatsoever other than your right of use in terms of the Contract.

19. Indemnity

(a) You shall be responsible for and indemnify and keep us indemnified against:

(1) any loss (including consequential or economic loss) or damage to the property of, or personal injury to you , your employees or any third party relating to or occurring directly or indirectly in connection with the supply or provision of the Hire/Services and or the Equipment or as a result of the use or failure thereof or damage caused by our negligence or that of our employees or subcontractors.

20. Prohibited Acts

You shall not and shall procure that third parties do not:

(a) Remove, damage, conceal or obliterate any of our nameplates or markings on the equipment;

(b) Overload or fill the equipment beyond the level specified by us;

(d) Remove or relocate the equipment from the premises and place to which the equipment is delivered; or (e) Lose possession of or sub-let the equipment to any third party whatsoever.

21. Health & Safety

This Contract shall constitute an undertaking in terms of Section 8 of the Health and Safety at Work Act 1974 and you undertake to take all steps sufficient to ensure, so far as is reasonable practicable, that the Equipment shall be safe and without risk to safety or health when properly used.

22. Exclusion of Warranties and Condition of Equipment

(a) All common law or statutory warranties with regard to the equipment, except those warranties expressly stated herein or which cannot lawfully be excluded, are expressly excluded.

(b) The equipment shall be supplied in good condition and you undertake to inspect and examine the equipment upon delivery and notify us within twenty-four hours of any defect in the equipment, otherwise it shall be conclusively presumed that you are in every way satisfied with and accept the equipment.

23. Insurance

You shall arrange for appropriate and adequate insurance cover for the equipment during the whole of the Hire/Service Period against all risks at full replacement value and shall produce to us on demand evidence of such insurance and premium receipts if requested. All sums received from your insurers shall be held by you as our agents et separatism in trust for us and we shall be entitled to payment of all sums received by you from the insurers.

24. Weight

(a) You agree that the on board weighing equipment, where fitted to our collection Vehicles shall be used to determine the weight of the waste being uplifted and this weight shall be used as the means of calculating the charge for Landfill Tax payable by you. Waste type can be either inert or active.

(b) You agree that in the absence of any bona fide weight ticket we shall determine the weight uplifted and this weight shall be used to calculate any payment that may be due to you/by you or owed to us/by us.

(c) You agree that we determine the level of contamination that may be present in your waste and that you agree to meet all costs incurred by us including any uplift charge in place of any payment due, a disposal charge and a charge for Landfill Tax on the weight disposed to Landfill due to the extent of the contamination.

25. Charges

All charges quoted are exclusive of V.A.T. and a charge for Landfill Tax and any associated administration and recycling charge.

26. Termination

The Contract is for the period indicated overleaf and we may terminate the Contract at any time if you are in breach of any clause of this agreement. You agree that you can only terminate the contract by you giving us three months notice in writing prior to the end of the contract date indicated overleaf otherwise the contract shall continue for a further twelve months and a new contract issued. In the event and only at our sole discretion we may agree to terminate the contract prior to the contract end date you agree to reimburse us in full the remaining outstanding balance of the contract to cover any consequential loss and expenses we have suffered because of the termination.

27. Limit of liability

You agree that our limit of liability for the secure destruction service is 25 times the value of the waste or £2500.00 whichever is the lesser. Claims must be submitted within 30 days of the consignment collection date.

28. Manual Handling Warranties

You warrant to us for the purpose of the Manual Handling Regulations 1992 and as amended from time to time that you are fully aware of your duties, obligations and responsibilities in terms of these regulations and you shall: securely tie bags in such a manner that avoids spillage and in the absence of handles provided that there is sufficient bag material protruding beyond the tie to allow bags to be lifted and handled safely by us.

29. F.E.L and Euro Bin Collections.

All lids must be closed prior to collection to prevent possible injury to personnel, wind scatter, and damage to Vehicle, and/or F.E.L & Euro Bins. If the lids are not closed the collection may be cancelled and the current collection charge will remain.

30. Ad-Hoc for F.E.L’s & Euro Bins.

All Ad-Hoc collections shall be quoted on an individual basis upon request.

31. Recycling

Services must not be contaminated with General Waste etc., if there are contaminants found within the service there shall be a current landfill rate and tax levied on to the current service charge.

32. Data Protection

You acknowledge that in performing the Hire/Services, you shall be the data controller and we shall be the data processor (as each of those terms is defined in the Data Protection Act 1998) to which you give us access (personal Data) (i) as is necessary to perform our obligations under the Hire/Services; or (ii) as otherwise instructed by you. In processing Personal Data we shall take appropriate technical and organisational measures against unauthorised or unlawful processing of, and against accidental loss or destruction of, or damage to, the Personal Data. We shall process the Personal Data in accordance with our Data Protection Policy (as amended from time to time). The above is in addition to the conditions for Hire/Services contained within the contract.

We reserve the right to amend these terms and conditions without notification.