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Terms & Conditions
Hasty Waste Services
Terms and Conditions

  1. DEFINITIONS
    1. “Hasty Waste” means Hasty Waste Services, 39 St Clements Road, Bournemouth, Dorset BH1 4DX and includes such subsidiary companies of Hasty Waste Services, as may participate in the performance of the contract.
    2. “Client” means the person, firm or company or other trading organisation to which the services are supplied subject to these conditions.
    3. The “service” means:
  2. The removal of photographic, printing, electronics and associated waste materials and any other materials knowingly labelled by Hasty Waste from the client’s premises.
  3. The supply of equipment for on – site waste management.
  4. Treatment and disposal of waste materials.
  5. The recovery of precious metal.
  6. “Processing” means loading, decontamination, transport, treatment, disposal, re-cycling and any other handling method.
  7. “The transit period” means the period commencing on arrival at the place of collection of any vehicle furnished by the contractor of the carrier for conveyance of the Material and ending on completion of discharge of the material from such vehicle at the contractor’s or Client’s premises.
  8. “The Material” means and includes any material intended or tendered for processing hereunder.
    1. The “Agreement” means the contract for the provision of services by Hasty Waste Services to the client.
  9. The Client will pay Hasty Waste the charges for the services as indicated on the Contract or Hasty Waste’s standard charges in force at the time of collection. All sums are payable within 30 Days of the date of relevant invoice.
    1. Hasty Waste will credit the client for recoverable precious metal content less charges as indicated on the contract. This credit will be made by way of silver or sterling as by prior arrangement with the Client. Where possible all credits will be made by the end of the month following the month of collection. Hasty Waste, maintain the right to withhold payment in lieu of outstanding charges accrued by the Client.
    2. If the Client requests it, collection visits to the clients site can be made more frequently than indicted on the contract. For each additional collection visit, a charge as indicated on your contract, shall be payable. Unless otherwise agreed in writing any additional charge payable shall be paid not later than 30 days from the date of the relevant invoice.
    3. The charges indicated on the contract only apply to the initial twelve-month term of the contract and are subject to variation thereafter. Any increase in charges to the client will be notified to the client at least (30) days before commencement of the renewal period to which the increase applies. This invoice does not apply to fees or charges levied by a third party.
    4. Unless agreed in writing prior to collection, Hasty waste’s analysis will be binding for the calculation of material credits.
    5. If the Client fails to make any payment, which is due, Hasty Waste reserves the right to suspend the provision of any services.
  10. The Client warrants and agrees that at all times the waste materials the client presents for removal pursuant to the Contract shall exclude any materials and substances not included in clause 1.4 and agrees that all Waste Material should be placed in the Waste Sacks and containers specifically marked and provided for them where applicable.
    1. The Client is responsible for ensuring compliance with the provisions of the Environmental Protection Act 1990 and the Special Waste Regulations 1996 or any re-enactment or amendment thereto, or any order, regulation or delegated legislation made there under or any like provision of stature or delegated calling for this service upon the proper authorities of notices as to the removal and deposit of waste. At least five clear working days before any collection is to be undertaken the Client shall furnish the Contractor with a copy of any notice required to be served as aforesaid.
    2. The Client shall supply Hasty Waste with any data or information which Hasty Waste considers necessary prior to collection as well as identify any risks in handling waste materials and complete and sign any documentation as may be required by law.           
    3. Subject as hereinafter provided, all risk involved in or about processing the material shall be borne by the Client and neither the Contractor nor the Carrier shall bear
    4. or be liable for loss or damage of whatsoever kind done by Material during the Transit period or for any loss, damage, personal injury or loss of life arising in connection with the processing of the Material. The Client shall pay and compensate for all such loss, damage, personal injury or loss of life and shall indemnify the contractor and the carrier against any such loss or damage as aforesaid as may be suffered by either them against all claims, demands, suits and liabilities which they or either of them may suffer or incur in relation to any such loss, damage, personal injury or loss of life. Provided however that the client shall be under no liability to pay, compensate or indemnify as aforesaid if the Client shall affirmatively establish (as it shall be bound to do, any presumption or rule of law to the contrary notwithstanding) that the circumstances giving rise to the relevant loss, damage, personal injury or loss of life was solely attributable to neglect or default of the contractor or of the carrier or of their respective servants or agents in relation to the processing of Material. For the avoidance of doubt it is hereby agreed that the Client shall be wholly responsible for the safety of all persons (including the employees and agents of the contractor and carrier) within the curtilage of the Clients premises.
    5.                                                                                                                                                  (a) The Client undertakes that all the material tendered for processing shall conform in all respects (subject to any Permissible tolerances) with the Particulars.                                       (b) Subject as hereinafter provided, in event of any explosion, fire, escape of noxious fumes or other harmful consequence of whatsoever kind occurring upon or by reason of Processing the Material at the Contractor premises, the Client shall bear and be liable for all resulting loss and damage of whatsoever kind including and loss of life or personal injury and the Client shall indemnify the Contractor and the Carrier against all claims, demands, suits and liabilities suffered or incurred by them or either of them in connection therewith. Provided however that the Client shall be under no liability as aforesaid and neither the Contractor nor the Carrier be entitled to any such indemnity if the Client shall affirmatively establish that the relevant explosion, fire, escape or other consequence was attributable neither to want of conformity of the Material with the particulars (subject to any permissible Tolerances) nor to any other act, neglect or default of whatsoever kind of the Client, its servants or agents.

 

    1. (a) The charge to the Client for Processing as stated in the Contractor’s quotation is based             upon the level of costs then prevailing.                                                                                          (b) In the event of any of the Material accepted for Processing by the Contractor proving to be not in conformity with the Particulars, the Contractor shall, without prejudice to any other of its rights hereunder, be entitled to recover from the Client all costs and expenses of Processing in excess of those which would be incurred in Processing the Material described in the Particulars.                                                                                                                         (c) In the event of any increase from time to time in the level of costs, the charge to the Client will be subject to adjustment.                                                                                                (d) The Contractor shall give to the Client one months notice in writing stating the amount of the proposed revised charge, and unless the Client indicates within 14 days of receipt of such notice that the proposed revised charge is not acceptable to it, such charge shall apply to Processing undertaken by the Contractor after expiration of the notice period.                                     (e) If the Client indicates that it is not prepared to pay any such revised charge as is proposed and notified by the Contractor, the Contractor shall be entitled (but not bound) to give notice of its intention to discontinue further Processing upon expiry of the notice period and the contract shall there on determine without prejudice to rights already accrued there under. If the Contractor does not give any notice, the contract shall remain in force (but without prejudice to the Contractors right to give notice in relation to any future increase in the level of costs) and the charge currently operative shall continue to apply.

4.0            (a) The Client undertakes to allow the Contractor’s authorised representative free and             immediate access to the Client’s premises whenever requested for the purpose of inspecting             the Material and taking away samples provided that any such inspection or the subsequent             sampling and analysis of the Material shall in no way derogate from the Client’s undertakings             upon which the Contractor absolutely relies.                                                                                    (b) The client shall be responsible for providing safe means of access to the place of             collection.           
            (c) The Client undertakes to give notice in writing to the Contractor and the Carrier of any special site conditions and/or safe working procedures in any way affecting the discharge by the Contractor of the Carrier of their obligations under the contract and the Client shall be responsible for the proper supervision of collection of Material. The Contractor and/or Carrier reserve the right to refuse to make collection or carry out any Processing or either of them reasonably consider that the work required might place at risk any person, vehicle, equipment or property.
5.0            Where the Material is contained in any packages, it shall be a condition of the Contract that the packages and method of packaging shall conform in all respects with the requirements of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 and the road traffic (Carriage of Dangerous Substances) Regulations 1984 and the Road traffic (carriage of Dangerous Substances in Packages etc.) Regulations 1986 or any re-enactment or amendment thereto. It shall be a condition of the contract that where packaging of the Material is in drums, that the drums are palletted, in sound condition and marked with sufficient and accurate identification so that the Contractor and the Carrier can readily identify the contents.
6.0            It shall be a condition of the Contract that each party thereto shall at its own expense maintain at all times during the currency of the Contract a valid policy or policies of insurance in respect of any obligations or potential liabilities arising out of performance or purported performance of the Contract and each party shall, if so required by the other, produce evidence of any applicable policy, for inspection.
7.0            No Variations or alteration to these conditions shall be binding on Hasty Waste unless agreed in writing by or on behalf of Hasty Waste by an authorised representative. All orders by the Client for the Services shall be deemed to be an offer by the Client to purchase the services pursuant to these Conditions. Performance of the Services By Hasty Waste shall be deemed conclusive evidence of the Client’s acceptable of these Conditions.
7.1            These Conditions shall remain in force until such time as Hasty Waste adopts revised Conditions in substitution for these Conditions.
7.2            No particulars contained in any advertising matter, catalogue or other publications supplied by Hasty Waste nor any oral representatives by an employee or agent of Hasty Waste shall form part of a contract, nor shall it be treated as constituting a representative on the part of Hasty Waste.
8.0            The Contract shall be for an initial term. Upon expiry of this period, the Contract shall be automatically be renewed for further periods of twelve months unless either party to the contract sends written notice of non-renewal to the other party at least sixty days prior to the commencement of the new renewal term.
8.1            In the event that the Contract is terminated by the Client without the Term, the Client will be liable for the full cost of equipment or removal of same as supplied by Hasty Waste.
8.2            In the event Client wishes to terminate this Agreement at any time other than provided for in clause 6.0 “Terms”, Client agrees to pay the Contractor as liquidated damages a sum equal to pro rata charge based on the average over the latest three months of trading.
8.3             Less otherwise agreed in writing, all prices quoted to the Client are exclusive of Value Added Tax levied by any government on the value of services, which shall be added to the invoice and paid by the Client
8.4            All prices quoted to the Client are exclusive of Local Government and Central Government fees or any other similar charges so levied on the handling and deposal of waste, these charges will be added to the invoice and paid by the Client.
9.0            Time and dates quoted by Hasty Waste for undertaking the Services are intended as estimates only and time will not be of the essence of the Contract in this respect.
10.0            Any notices required to be served under these Conditions must be in writing and served by first class post or by hand on Hasty Waste at the address shown on the invoice or such address as Hasty Waste may from time to time notify the Client and on the Client at the address notified to Hasty Waste or in the default of notification to the address from which the service were ordered or if the Client is a Company at the option of Hasty Waste at the Companies registered office. A properly addressed notice will be deemed to have been received two days after the date of despatch.
11.0            if any condition or any part of any condition is held by any court or competent authority to be void or unenforceable in whole or in part, these conditions will continue to be valid as to all other provisions and the remainder of the affected provision.
12.0             No waiver or forbearance by Hasty Waste or the Client whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in the future.
13.0            Neither Hasty Waste nor the Client shall assign, sub-contract or in any way dispose of its rights or obligation under the Contract without prior written consent of the other.
14.0            These Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to exclusive jurisdiction of the English courts