Click
here to print this page
Terms and Conditions Lloyds Environmental
Waste Management Limited
1.
INTERPRETATION
1. In these Terms and Conditions the following words have the following meanings:
1.1. "The Buyer" means the person(s), firm or the company who purchases
the Services from the Company;
1.2. "The Company" means Lloyds Environmental Waste Management Limited
(Company Number 02800417) with registered offices at Old Hamsey Brickworks,
South Chailey, East Sussex BN8 4QD;
1.3. "Agreement" means any contract between the Company and the Buyer
for the sale and purchase of the Services, incorporating these Terms and Conditions;
1.4. "Waste" shall have the same meaning as ‘Directive Waste’,
defined under the Waste Management Licensing Regulations 1994.
1.5. "Services" means any Services agreed in the Agreement to be supplied
to the Buyer by the Company.
2. Reference to a statute or statutory provision includes a reference to it
as from time to time amended, extended or re-enacted.
2. APPLICATION
OF TERMS
1. Subject to any variation under condition 2.3, the Agreement will be on these
Terms and Conditions to the exclusion of all other terms and conditions (including
any terms or conditions which the Buyer purports to apply under any purchase
order, confirmation of order, specification or other document).
2. No terms or conditions endorsed upon, delivered with or contained in the
Buyer’s purchase order, confirmation of order, specification or other
document will form part of the Agreement simply as a result of such document
being referred to in the Agreement.
3. These Conditions apply to all the Company’s sales and any variation
to these Conditions and any representations about the Services shall have no
effect unless expressly agreed in writing and signed by the Company.
4. Each order for Services placed by the Buyer with the Company shall be deemed
to be an offer by the Buyer to purchase Services subject to these Conditions.
5. No order placed by the Buyer shall be deemed to be accepted by the Company
until a written acknowledgement of order is issued by the Company or (if earlier)
the Company delivers the Services to the Buyer.
6. The Buyer must ensure that the terms of its order and any applicable specification
are complete and accurate.
7. Any quotation is given on the basis that it is not an offer capable of acceptance
and that no contract will come into existence until an order is placed by the
Buyer and the Company despatches a signed acknowledgement of order to the Buyer.
3. DESCRIPTION
1. The description of the Services shall be as set forth in the Agreement.
2. All technical data, descriptions and illustrations of the Services in offers,
leaflets, advertising material are illustrative only and subject to change
without notice. They will not form part of the Agreement.
4. SUPPLY
OF THE SERVICES
1. Unless otherwise agreed in writing by the Company, supply of the Services
shall take place at the site address within the United Kingdom shown in the
Agreement.
2. Any dates specified by the Company for the supply of the Services are intended
to be an estimate and time for supply of the Services shall not be made of
the essence by notice. If no dates are so specified, the supply of the Services
will be within a reasonable time.
3. Subject to the provisions of clause 10 of these Terms and Conditions, the
Company will not be liable for any loss (including loss of profit), costs,
damages, charges or expenses caused directly or indirectly by any delay in
the supply of the Services (even if caused by the Company’s negligence),
nor will any delay entitle the Buyer to terminate or rescind the Agreement
unless such delay exceeds 30 days.
4. The Buyer will provide at the site address adequate and appropriate access
to facilitate the supply of the Services (the provision of which normally requires
the use of heavy goods vehicles) including, but not limited to, the supply
of appropriate roadways free from overhanging branches, appropriate man-hole
covers and adequate protection for underground drainage runs.
5. If the Company supplies some but not all of the Services, the Buyer shall
not be entitled to object to or reject the Services or any part of them by
reason of the shortfall and shall pay for such Services at the pro rata Agreement
rate.
5. PRICE
1. Unless otherwise agreed by the Company in writing, the price for the Services
shall be:
1.1. the price set out in the Agreement; or
1.2. where the Company cannot identify the extent, and therefore the cost,
of the Services in advance of carrying them out, such reasonable charges as
the Company shall subsequently make for carrying out the Services.
2. The price for the Services shall be exclusive of any value added tax which
amount the Buyer will pay in addition when it is due to pay for the Services.
6. PAYMENT
1. Payment for the Services is due within 7 days of
the date of the invoice rendered by the Company to the Buyer.
2. The Buyer shall make all payments due under the Agreement without any deduction
whether by way of set-off, counterclaim, discount, abatement or otherwise unless
the Buyer has a valid court order requiring an amount equal to such deduction
to be paid by the Company to the Buyer.
3. If the Buyer fails to pay the Company any sum due pursuant to the Agreement,
the Buyer will be liable to pay interest to the Company on such sum from the
due date for payment at the annual rate of 4% above the base lending rate from
time to time of Barclays Bank Plc, accruing on a daily basis until payment
is made, whether before or after any judgment. The Company reserves the right
to claim interest under the Late Payment of Commercial Debts (Interest) Act
1998.
4. (a) The Company reserves the right to make delivery by installments and
render a separate invoice in respect of each such installment.
(b) If the Company exercises its right to make delivery in installments in
accordance with sub-paragraph (a) above, then any delay in delivering or failure
to deliver any further installment. or installments shall not entitle the Buyer
to reject the Agreement or the delivery of any other installment. or to withhold
payment in respect of any installment. previously delivered.
5. Where any sum owed by the Buyer to the Company under this or any other agreement
is overdue, the Company shall be entitled to cease work under the Agreement
until such sum (together with such interest as may be due thereon) is paid
and in the event that such default continues for longer than one month, the
Company shall be entitled but not bound (without prejudice to any other rights
that he may have in respect thereof) to terminate the Agreement forthwith.
6. The Company reserves the right by giving notice to the Buyer, at any time
before the supply of any of the Services hereunder, to increase the price for
the Services to reflect any increase in the cost to the Company which is due
to any factor beyond the control of the Company, such as, but not limited to,
any alteration to or the enactment of any legislation regulations or any other
enactment relating to the supply of the Services, significant increases to
the cost of labour, any change in dates for the supply of the Services, which
are requested by the Buyer, or any delay caused by any instructions of the
Buyer or failure of the Buyer to give the Company adequate information or instructions
necessary for the supply of the Services.
7. WARRANTIES
OF THE BUYER
1. The Buyer hereby warrants that the description of the Waste set forth in
the Agreement is accurate and sufficiently detailed to enable the Company to
comply with any statutory requirements or regulations applying to the Waste;
2. The Buyer hereby warrants that it shall indemnify the Company against any
loss or damage incurred by the Company as a result of the Buyer’s breach
of clause 7.1.
3. The Buyer hereby warrants that it shall indemnify the Company against any
loss or damage incurred in respect of the Buyer’s failure to comply with
any statutory requirement or regulation applying to the Waste.
8. WARRANTIES
OF THE COMPANY
1. The Company hereby warrants that, provided the Buyer complies with these
Terms and Conditions, the Company will comply with all statutory and regulatory
requirements which may apply to it in connection with the Waste.
2. The Company confirms that it is an authorised person pursuant to Section
34 of the Environmental Protection Act 1990.
9. QUALITY
1. The Company warrants that (subject to the other provisions of these Conditions)
the Services will be carried out with reasonable skill and care.
2. The Company shall not be liable for a breach of the warranty in clause 9.1
unless:
2.1. The Buyer gives written notice to the Company within 14 days of the time
when the Buyer discovers or ought to have discovered the defect in the Services;
and
2.2. The Company is given a reasonable opportunity after receiving the notice
of examining such Services.
3. Subject to clause 9.2, the Company shall, at its option, correct such Services
or refund the price of such Services at the pro rata Agreement rate.
4. If the Company complies with clause 9.3 it shall have no further liability
for a breach of the warranty in condition 9.1 in respect of such.
10. LIMITATION
OF LIABILITY
1. The following provisions set out the entire financial liability of the Company
(including any liability for the acts or omissions of its employees, agents
and sub-contractors) to the Buyer in respect of:
1.1. any breach of these Terms and Conditions; and
1.2. any representation, statement or tortious act or omission including negligence
arising under or in connection with the Agreement.
2. All warranties, conditions and other terms implied by statute or common
law are, to the fullest extent permitted by law, excluded from the Agreement.
3. Nothing in these Terms and Conditions excludes or limits the liability
of the Company for death or personal injury caused by the Company’s
negligence or fraudulent misrepresentation.
4. THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF
CLAUSE 10.5
5. Subject to clause 10.3:
5.1. The Company’s total public liability arising in connection with
the performance or contemplated performance of the Services under the Agreement
shall be limited to £5,000,000 (£5m)
5.2. The Company’s total product liability arising in connection with
the performance or contemplated performance of the Services under the Agreement
shall be limited to £5,000,000 (£5m);
5.3. Except as provided in clauses 10.5.1 and 10.5.2, the Company’s total
liability arising in connection with the performance or contemplated performance
of the Services under the Agreement shall be limited to £50,000;
5.4. For the avoidance of doubt there shall be included in the amounts set
out in clauses 10.5.1, 10.5.2 and 10.5.3 all legal and other professional fees,
costs and expenses incurred by the Buyer in establishing and presenting any
claim against the Company; and
5.5. The Company shall not be liable to the Buyer for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion of
goodwill or otherwise), or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the Agreement.
5.6. The price for the Services is determined on the basis of the exclusions
from, and limitations of, liability contained in these Terms and Conditions.
The Buyer expressly agrees that these exclusions and liabilities are reasonable
because of (amongst other matters) the likelihood that the amount of damages
awardable to the Buyer for a breach by the Company of these Terms and Conditions
may otherwise be disproportionately greater than the price for the Services.
5.7. In the event the Buyer is a consumer, such consumer’s statutory
rights are not adversely affected by these Terms and Conditions.
11. ASSIGNMENT
1. The Buyer shall not be entitled to assign the Agreement or any part of it
without the prior written consent of the Company.
2. The Company may assign the Agreement or any part of it to any person, firm
or company.
12. FORCE MAJEURE
1. The Company reserves the right to defer the date of delivery or to cancel
the Agreement or reduce the volume of the Services ordered by the Buyer (without
liability to the Buyer) if it is prevented from or delayed in the carrying
on of its business due to circumstances beyond the reasonable control of the
Company including, without limitation, acts of God, governmental actions, war
or national emergency, riot, civil commotion, fire, explosion, flood, epidemic,
lock-outs, strikes or other labour disputes (whether or not relating to either
party's workforce), or restraints or delays affecting carriers or inability
or delay in obtaining supplies of adequate or suitable materials, provided
that, if the event in question continues for a continuous period in excess
of 30 days, the Buyer shall be entitled to give notice in writing to the Company
to terminate the Agreement.
13. GENERAL
1. Each right or remedy of the Company under the Agreement is without prejudice
to any other right or remedy of the Company whether under the Agreement or
not.
2. If any provision of the Agreement is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it shall to the extent of such illegality,
invalidity, voidness, voidability, unenforceability or unreasonableness be
deemed severable and the remaining provisions of the Agreement and the remainder
of such provision shall continue in full force and effect.
3. Failure or delay by the Company in enforcing or partially enforcing any
provision of the Agreement will not be construed as a waiver of any of its
rights under the Agreement.
4. Any waiver by the Company of any breach of, or any default under, any provision
of the Agreement by the Buyer will not be deemed a waiver of any subsequent
breach or default and will in no way affect the other terms of the Agreement.
5. The formation, existence, construction, performance, validity and all aspects
of the Agreement shall be governed by English law and the parties submit to
the exclusive jurisdiction of the English courts.
6. These Terms and Conditions (together with the terms, if any, set out in
the Agreement) constitute the entire agreement between the parties, supersede
any previous agreement or understanding and may not be varied except in writing
between the parties. All other terms and conditions, express or implied by
statute or otherwise, are excluded to the fullest extent permitted by law.
14. TERMINATION
1. The Agreement shall run from the date of commencement for the Agreement
period. At the end of the Agreement period where the Agreement is for the provision
of a recurring Service(s), the Agreement shall become an agreement for a period
of one year which shall continue from year to year unless the Buyer gives the
Company a minimum of six months' notice in writing that the Buyer wishes to
end the Agreement.
2. The Company may end the Agreement by giving to the Buyer a minimum of six
months notice in writing, such notice to expire at the end of the Agreement
Period or any subsequent anniversary thereof. The Company may end the Agreement
immediately at any time if:
2.1. The Buyer is in breach of the Agreement
2.2. The Buyer does not make any payment due to the Company on time
2.3. The Buyer receives an order against him to wind up his business
2.4. The Buyer has an administrator, administrative receiver or liquidator
appointed in respect of some or all of its business or assets
2.5. The Buyer is unable to pay his debts as they fall due or is made bankrupt
2.6. The Buyer compounds or makes an arrangement with his creditors or has
distress levied against any of his goods or assets
3. If the Buyer terminates the Agreement pursuant to clause 14.1 above, the
Buyer must pay to the Company an amount equal to sixty-seven per cent of the
standard charge for whatever amount of /the Agreement Period remains unexpired.
The Buyer must also pay to the Company any overdue payments and interest that
the Buyer owes to the Company under the Agreement and any costs incurred by
the Company in collecting from the Buyer any payments still owed to the Company.
15. NOTICE
Any notice required or permitted to be given by either party to the other under
these Conditions shall be in writing addressed to that other party at its registered
office or principal place of business or such other address as may at the relevant
time have been notified pursuant to this provision to the party giving the
notice.
Drainage and CCTV Terms and Conditions
1. INTERPRETATION
1.1 In these Terms and Conditions the following words have the following meanings:
1.1.1 "Agreement" means any contract between
the Company and the Client for the Works to be carried out by the Company,
incorporating these Terms and Conditions;
1.1.2 “CCTV Works” means any CCTV Works agreed in the Agreement to
be carried out by the Company on behalf of the Client;
1.1.3 "The Client" means the person(s), firm, limited liability partnership or
the company who enters into the Agreement with the Company;
1.1.4 "The Company" means Lloyds Environmental Waste Management Limited (Company
Number 02800417) with registered offices at Old Hamsey Brickworks, South Chailey,
East Sussex BN8 4QD;
1.1.5 "Drainage Works" means any Drainage Works agreed in the Agreement to be
carried out by the Company on behalf of the Client;
1.1.6 “Works” means the Drainage Works and the CCTV Works.
1.2 Reference to a statute or statutory provision includes a reference to it
as from time to time amended, extended or re-enacted.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3, the Agreement will be on these
Terms and Conditions to the exclusion of all other terms and conditions (including
any terms or conditions which the Client purports to apply under any purchase
order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in the
Client’s purchase order, confirmation of order, specification or other
document will form part of the Agreement simply as a result of such document
being referred to in the Agreement.
2.3 These Terms and Conditions apply to the provision of the Works and any variation
to these Terms and Conditions and any representations about the Works shall have
no effect unless expressly agreed in writing and signed by the Company.
2.4 Each order for Works placed by the Client with the Company shall be deemed
to be an offer by the Client to purchase Works subject to these Terms and Conditions.
2.5 No order placed by the Client shall be deemed to be accepted by the Company
until a written acknowledgement of order is issued by the Company or (if earlier)
the Company carries out the Works for the Client.
2.6 The Client must ensure that the terms of its order and any applicable specification
are complete and accurate.
2.7 Any quotation is given on the basis that it is not an offer capable of acceptance
and that no contract will come into existence until an order is placed by the
Client and the Company despatches a signed acknowledgement of order to the Client.
3. DESCRIPTION
3.1 The description of the Works shall be as set forth in the Agreement.
3.2 All technical data, descriptions and illustrations of the Works in offers,
leaflets, advertising material are illustrative only and subject to change without
notice. They will not form part of the Agreement.
4. SUPPLY OF
THE WORKS
4.1 Unless otherwise agreed in writing by the Company, supply of the Works shall
take place at the site address within the United Kingdom shown in the Agreement.
4.2 Any dates specified by the Company for the supply of the Works are intended
to be an estimate and time for supply of the Works shall not be made of the essence
by notice. If no dates are so specified, the supply of the Works will be within
a reasonable time.
4.3 Subject to the provisions of clause 10 of these Terms and Conditions, the
Company will not be liable for any loss (including loss of profit), costs, damages,
charges or expenses caused directly or indirectly by any delay in the supply
of the Works, nor will any delay entitle the Client to terminate or rescind the
Agreement unless such delay exceeds 30 days.
4.4 The Client will provide at the site address adequate and appropriate access
to facilitate the supply of the Works by the Company, its employees and sub-contractors
(the provision of which normally requires the use of heavy goods vehicles) including,
but not limited to, the supply of appropriate roadways free from overhanging
branches. When access to the site reasonably requires the crossing of land which
is not owned or occupied by the Client, the Client warrants that he has obtained
the necessary consents for access at the times agreed for providing the Works.
The Client will indemnify the Company, its employees and sub-contractors from
and against any claim for trespass or damage arising from the crossing of any
such land.
4.5 The Company will ensure that at the end of each working day the site will
be left in a safe condition.
4.6 The Company will not be liable for the maintenance of any temporary reinstatement
carried under the Agreement and will not be responsible for permanent reinstatement
of the surface at the site unless specifically ordered by the Client under the
Agreement.
4.7 In connection with the CCTV Works, the Company shall report its findings
from the CCTV Works to the Client in a format set forth in the Agreement (the “Report”)
and, subject to payment being made in accordance with clause 7, the Company hereby
grants to the Client a non-transferable licence to use the Report at the Client’s
sole discretion.
5. CLIENT’S
OBLIGATIONS
5.1 The Client shall provide the Company with such information as is available
regarding the underground services to the site (such as gas mains, electricity
cables, water supplies, etc.) including, without limiting the generality of the
foregoing, plans and drawings, so as to enable the Company to carry out the Works
in accordance with the terms of the Agreement. In the absence of available information,
the Company shall be entitled to carry out a survey of the site which may require
additional services which may include, without limiting the generality of the
foregoing, high pressure jetting, tankering, removal of scale, silt or grit,
or excavation of pipes, waste removal, confined space working equipment and personnel
at the expense of the Client. Where reasonably possible, the Client will be requested
to authorise any such additional works in advance, however where it is not practicable
for the Company to obtain such authorisation, the Company may in its absolute
discretion stop the Works pending authorisation from the Client.
6. PRICE
6.1 Unless otherwise agreed by the Company in writing,
the price for the Works shall be:
6.1.1 the price set out in the Agreement; or
6.1.2 where the Company cannot identify the extent, and therefore the cost, of
the Works in advance of carrying them out, such reasonable charges as the Company
shall subsequently make for carrying out the Works.
6.2 The price for the Works shall be exclusive of any value added tax which amount
the Client will pay in addition when it is due to pay for the Works.
6.3 Any delay in the supply of the Works due to the unforeseen attributes of
the site or the conditions of any existing pipe work, will be charged at the
Company’s standard hourly/daily rates from time to time in force.
7. PAYMENT
7.1 Payment for the Works is due within 7 days of the
date of the invoice rendered by the Company to the Client.
7.2 Time for payment shall be of the essence.
7.3 The Client shall make all payments due under the Agreement without any deduction
whether by way of set-off, counterclaim, discount, abatement or otherwise unless
the Client has a valid court order requiring an amount equal to such deduction
to be paid by the Company to the Client.
7.4 If the Client fails to pay the Company any sum due pursuant to the Agreement,
the Client will be liable to pay interest to the Company on such sum from the
due date for payment at the annual rate of 4% above the base lending rate from
time to time of Barclays Bank Plc, accruing on a daily basis until payment is
made, whether before or after any judgment. The Company reserves the right to
claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.5 Where any sum owed by the Client to the Company under this or any other agreement
is overdue, the Company shall be entitled to cease work under the Agreement until
such sum (together with such interest as may be due thereon) is paid and in the
event that such default continues for longer than one month, the Company shall
be entitled but not bound (without prejudice to any other rights that he may
have in respect thereof) to terminate the Agreement forthwith.
7.6 The Company reserves the right by giving notice to the Client, at any time
before the supply of any of the Works hereunder, to increase the price for the
Works to reflect any increase in the cost to the Company which is due to any
factor beyond the control of the Company, such as, but not limited to, any alteration
to or the enactment of any legislation regulations or any other enactment relating
to the supply of the Works, significant increases to the cost of labour, any
change in dates for the supply of the Works, which are requested by the Client,
or any delay caused by any instructions of the Client or failure of the Client
to give the Company adequate information or instructions necessary for the supply
of the Works.
8. WARRANTIES
OF THE BUYER
8.1 The Client hereby warrants that it shall indemnify the Company against any
loss or damage incurred in respect of the Client’s failure to comply with
any statutory requirement or regulation applying to the provision of the Works.
8.2 The Client hereby warrants that it will indemnify the Company against any
costs arising in connection with the removal of the Company’s equipment
used in connection with the Works which has become lodged in any existing pipe
works through no fault of the Company.
9. WARRANTIES
OF THE COMPANY
9.1 The Company hereby warrants that, provided the Client complies with these
Terms and Conditions, the Company will comply with all statutory and regulatory
requirements which may apply to it in connection with the provision of the Works.
10. QUALITY
10.1 The Company warrants that (subject to the other provisions of these Terms
and Conditions) the Drainage Works will be carried out with reasonable skill
and care using materials of adequate quality.
10.2 The Company shall not be liable for a breach of the warranty in clause 10.1
unless:
10.2.1 The Client gives written notice to the Company within 14 days of the time
when the Client discovers or ought to have discovered the defect in the Drainage
Works; and
10.2.2 The Company is given a reasonable opportunity after receiving the notice
of examining such Drainage Works.
10.3 The Company shall not be liable for a breach of the warranty in clause 10.1
if:
10.3.1 the Client has been using the Drainage Works other than in the normal
course; or
10.3.2 a period of more than one year from the commencement of the Drainage Works
has elapsed; or
10.3.3 materials and their surroundings have otherwise been disturbed.
10.4 Subject to clause 10.2, the Company shall, at its option and expense, correct
any Drainage Works which develop defects or other faults which appear within
three months of completion of the Drainage Works which are due to materials or
workmanship which was not carried out in accordance with this Agreement.
10.5 If the Company complies with clause 10.4 it shall have no further liability
for a breach of the warranty in condition 10.1 in respect of such.
10.6 The Company warrants that (subject to the other provisions of these Terms
and Conditions) the CCTV Works will be carried out with reasonable skill and
care.
10.7 The Company warrants that (subject to the other provisions of these Terms
and Conditions) the Report will be prepared with reasonable skill and care.
11. LIMITATION
OF LIABILITY
11.1 The following provisions set out the entire financial liability of the Company
(including any liability for the acts or omissions of its employees, agents and
sub-contractors) to the Client in respect of:
11.1.1 any breach of these Terms and Conditions; and
11.1.2 any representation, statement or tortious act or omission including negligence
arising under or in connection with the Agreement.
11.2 All warranties, conditions and other terms implied by statute or common
law are, to the fullest extent permitted by law, excluded from the Agreement.
11.3 Nothing in these Terms and Conditions excludes or limits the liability of
the Company for death or personal injury caused by the Company’s negligence
or fraudulent misrepresentation.
11.4 THE CLIENT’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF
CLAUSE 11.5
11.5 Subject to clause 11.3:
11.5.1 The Company’s total public liability arising in connection with
the performance or contemplated performance of the Works under the Agreement
shall be limited to £5,000,000.00;
11.5.2 The Company’s total product liability arising in connection with
the performance or contemplated performance of the Works under the Agreement
shall be limited to £5,000,000.00;
11.5.3 Except as provided in clauses 11.5.1 and 11.5.2, the Company’s total
liability arising in connection with the performance or contemplated performance
of the Works under the Agreement shall be limited to £50,000.00;
11.5.4 For the avoidance of doubt there shall be included in the amounts set
out in clauses 11.5.1, 11.5.2 and 11.5.3 all legal and other professional fees,
costs and expenses incurred by the Client in establishing and presenting any
claim against the Company; and
11.5.5 The Company shall not be liable to the Client for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion of goodwill
or otherwise), or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with the Agreement.
11.6 The price for the Works is determined on the basis of the exclusions from,
and limitations of, liability contained in these Terms and Conditions. The Client
expressly agrees that these exclusions and liabilities are reasonable because
of (amongst other matters) the likelihood that the amount of damages awardable
to the Client for a breach by the Company of these Terms and Conditions may otherwise
be disproportionately greater than the price for the Works.
11.7 In the event the Client is a consumer, such consumer’s statutory rights
are not adversely affected by these Terms and Conditions.
12. ASSIGNMENT
12.1 The Client shall not be entitled to assign the Agreement or any part of
it without the prior written consent of the Company.
12.2 The Company may assign the Agreement or any part of it to any person, firm
or company.
13. FORCE MAJEURE
13.1 The Company reserves the right to defer the provision of the Works or to
cancel the Agreement or reduce the extent of the Works ordered by the Client
(without liability to the Client) if it is prevented from or delayed in the carrying
on of its business due to circumstances beyond the reasonable control of the
Company including, without limitation, acts of God, governmental actions, war
or national emergency, riot, civil commotion, fire, explosion, flood, epidemic,
lock-outs, strikes or other labour disputes (whether or not relating to either
party's workforce), restraints or delays affecting carriers or inability or delay
in obtaining supplies of adequate or suitable materials or equipment or the condition
of the site posing an unacceptable safety risk to the Company’s personnel
or equipment, provided that, if the event in question continues for a continuous
period in excess of 30 days, the Client shall be entitled to give notice in writing
to the Company to terminate the Agreement.
14. GENERAL
14.1 Each right or remedy of the Company under the Agreement is without prejudice
to any other right or remedy of the Company whether under the Agreement or not.
14.2 If any provision of the Agreement is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it shall to the extent of such illegality,
invalidity, voidness, voidability, unenforceability or unreasonableness be deemed
severable and the remaining provisions of the Agreement and the remainder of
such provision shall continue in full force and effect.
14.3 Failure or delay by the Company in enforcing or partially enforcing any
provision of the Agreement will not be construed as a waiver of any of its rights
under the Agreement.
14.4 Any waiver by the Company of any breach of, or any default under, any provision
of the Agreement by the Client will not be deemed a waiver of any subsequent
breach or default and will in no way affect the other terms of the Agreement.
14.5 The formation, existence, construction, performance, validity and all aspects
of the Agreement shall be governed by English law and the parties submit to the
exclusive jurisdiction of the English courts.
14.6 These Terms and Conditions (together with the terms, if any, set out in
the Agreement) constitute the entire agreement between the parties, supersede
any previous agreement or understanding and may not be varied except in writing
between the parties. All other terms and conditions, express or implied by statute
or otherwise, are excluded to the fullest extent permitted by law.
14.7 No term of the Agreement is enforceable under the Contracts (Rights of Third
Parties) Act 1999 by a person who is not a party to the Agreement.
15. TERMINATION
15.1 The Agreement shall terminate automatically on completion of the Works by
the Company to the satisfaction of the Client but such termination shall be without
prejudice to any provision intended to operate thereafter.
15.2 The Company shall not be required to fulfil its duties and obligations under
these Terms and Conditions and the provisions of this clause 15 shall not apply
if at any time the Company is prevented from fulfilling its duties and obligations
by any acts or omissions of the Client or the Client’s personnel provided
always that in order to avail itself of this provision the Company must give
written notice to the Client of any such act or omission of the Client within
72 hours of the occurrence of such act or omission.
15.3 In the event the Client terminates the Agreement at any time between entering
into the Agreement and the commencement by the Company of the Works, the Client
shall pay to the Company an amount equal to thirty per cent of the value of the
Agreement together with interest and any costs incurred by the Company in collecting
from the Client any payments still owed to the Company.
15.4 In the event the Client terminates the Agreement after the commencement
by the Company of the Works, the Client shall pay to the Company the full value
of the Agreement. The Client must also pay to the Company any overdue payments
and interest that the Client owes to the Company under the Agreement and any
costs incurred by the Company in collecting from the Client any payments still
owed to the Company.
16. NOTICE
16.1 Any notice required or permitted to be given by either party to the other
under these Terms and Conditions shall be in writing addressed to that other
party at its registered office or principal place of business or such other address
as may at the relevant time have been notified pursuant to this provision to
the party giving the notice.
Container Hire Terms and Conditions
1. INTERPRETATION
1.1 In these Terms and Conditions the following
words have the following meanings:
1.1.1 "The Customer" means the person(s), firm or the company who hires a Container
from the Company;
1.1.2 "The Company" means Lloyds Environmental Waste Management Limited (Company
Number 02800417) with registered offices at Old Hamsey Brickworks, South Chailey,
Nr Lewes, East Sussex BN8 4QD;
1.1.3 "Agreement" means any contract between the Company and the Customer for
the hire of a Container and the disposal of its contents, incorporating these
Terms and Conditions;
1.1.4 "Container" means a container or containers of whatsoever nature which
is the property of the Company to be hired to the Customer under the terms
of the Agreement and which is indelibly marked with the Company’s name
and telephone number or address.
1.2 Reference to a statute or statutory provision includes a reference to it
as from time to time amended, extended or re-enacted.
1.3 Except where the context otherwise requires, words denoting the singular
include the plural and vice versa; words denoting any gender include all genders;
words denoting persons include firms and corporations and vice versa.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3, the Agreement will be on
these Terms and Conditions to the exclusion of all other terms and conditions
(including any terms or conditions which the Customer purports to apply under
any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in the
Customer’s purchase order, confirmation of order, specification or other
document will form part of the Agreement simply as a result of such document
being referred to in the Agreement.
2.3 These Terms and Conditions apply to all the Company’s hires and any
variation to these Terms and Conditions and any representations about the supply
of a Container shall have no effect unless expressly agreed in writing and
signed by the Company.
2.4 Each order for a Container placed by the Customer with the Company shall
be deemed to be an offer by the Customer to hire a Container subject to these
Terms and Conditions.
2.5 No order placed by the Customer shall be deemed to be accepted by the Company
until a written acknowledgement of order is issued by the Company or (if earlier)
the Company delivers the Container to the Customer.
2.6 The Customer must ensure that the terms of its order and any applicable
specification are complete and accurate.
2.7 Any quotation is given on the basis that it is not an offer capable of
acceptance and that no contract will come into existence until an order is
placed by the Customer and the Company despatches a signed acknowledgement
of order to the Customer.
3. DELIVERY AND COLLECTION OF THE CONTAINER
3.1 Unless otherwise agreed in writing by the Company, delivery of a Container
shall take place at the site address within the United Kingdom shown in the
Agreement.
3.2 Any dates specified by the Company for the delivery and collection of a
Container are intended to be an estimate and time for delivery and collection
of such Container shall not be made of the essence by notice. If no dates are
so specified, the delivery and collection of the Container will be within a
reasonable time.
3.3 Subject to the provisions of clause 9 of these Terms and Conditions, the
Company will not be liable for any loss (including loss of profit), costs,
damages, charges or expenses caused directly or indirectly by any delay in
the supply of a Container (even if caused by the Company’s negligence),
nor will any delay entitle the Customer to terminate or rescind the Agreement
unless such delay exceeds 30 days.
3.4 The Customer will provide at the site address adequate and appropriate
access to facilitate the delivery and collection of the Container (the provision
of which normally requires the use of heavy goods vehicles) including, but
not limited to, the supply of appropriate roadways free from overhanging branches,
appropriate man-hole covers and adequate protection from underground drainage
runs.
3.5 The Company shall obtain all permissions required to enable the lawful
deposit of the Container on the site including any permission which may be
required under Section 139 of the Highways Act 1980 and the Customer shall
comply with any and all conditions to which any such permission is subject.
3.6 The contents of the Container shall immediately on removal of the Container
from the site become the property of the Company.
3.7 Except as may be specifically agreed in writing by the Company, the Customer
shall fill the Container within the period of hire and shall notify the Company
when the Container is ready for collection whereupon the Company shall arrange
for the collection of the Container within a reasonable period of time.
4. PRICE
4.1 Unless otherwise agreed by the Company in writing, the price for the hire
of the Container shall be the price set out in the Agreement plus all costs
associated with obtaining the permissions referred to in clause 3.5.
4.2 Unless otherwise agreed by the Company in writing, the Customer shall be
responsible for all costs associated with complying with any and all conditions
referred to under clause 3.5.
4.3 The price for the hire of the Container shall be exclusive of any value
added tax which amount the Customer will pay in addition when it is due to
pay for the hire of the Container.
5. PAYMENT
5.1 Payment for the hire of the Container shall be due
at the time the order is placed unless credit terms have been agreed with the
Company in writing in which case payment is due within 7 days of the date of
the invoice rendered by the Company to the Customer.
5.2 Time for payment shall be of the essence.
5.3 The Customer shall make all payments due under the Agreement without any
deduction whether by way of set-off, counterclaim, discount, abatement or otherwise
unless the Customer has a valid court order requiring an amount equal to such
deduction to be paid by the Company to the Customer.
5.4 If the Customer fails to pay the Company any sum due pursuant to the Agreement,
the Customer will be liable to pay interest to the Company on such sum from
the due date for payment at the annual rate of 4% above the base lending rate
from time to time of Barclays Bank Plc, accruing on a daily basis until payment
is made, whether before or after any judgment. The Company reserves the right
to claim interest under the Late Payment of Commercial Debts (Interest) Act
1998.
5.5 The Company reserves the right by giving notice to the Customer, at any
time before the delivery of a Container hereunder, to increase the price for
the hire of the Container to reflect any increase in the cost to the Company
which is due to any factor beyond the control of the Company, such as, but
not limited to, any alteration to or the enactment of any legislation regulations
or any other enactment relating to the supply of the Container, its collection
and subsequent disposal by the Company of its contents, significant increases
to the cost of labour, any change in dates for the delivery of the Container,
which are requested by the Customer, or any delay caused by any instructions
of the Customer or failure of the Customer to give the Company adequate information
or instructions necessary for the delivery of the Container.
6. WARRANTIES
OF THE CUTOMER
6.1 The Customer hereby warrants to the Company that he shall not:
6.1.1 Overload the Container or fill it above the level of its sides; :
6.1.2 Permit others to use the Container; :
6.1.3 Attempt to move the Container other than accordance with the Highways
Act 1980 whereupon he shall indemnify the Company against any costs incurred
by it in compliance with the requirements of the Highways Act 1980; :
6.1.4 Set fire to the Container or otherwise attempt to destroy, treat or process
the contents of the Container. :
6.2 The Customer hereby warrants to the Company that in the event the Container
is sited on a public highway, he shall keep the Container properly coned and
lit during the hours of darkness and where regulation requires, marked in accordance
with regulation whether by reflecting or fluorescent material or otherwise.
:
6.3 The Customer hereby acknowledges that the Company shall dispose of the
contents of the Container at a non-hazardous landfill site and hereby warrants
to the Company that the waste material deposited in the Container by him will
not contain any material which breaches any regulations which apply to the
deposit of waste material at non-hazardous land-fill sites as may be in force
from time to time unless the Company has otherwise agreed in writing. :
6.4 The Customer shall indemnify the Company from any expenses, fines or penalties
incurred by the Company by reason of the Customer’s breach of clause
6.3 and in the event the Company assists in rectifying any such breach by the
Customer, the Company shall be entitled to charge the Customer for the work.
7. WARRANTIES
OF THE COMPANY
7.1 The Company confirms that it is an authorised person pursuant to Section
34 of the Environmental Protection Act 1990.
8. QUALITY
8.1 The Company warrants that (subject to the other provisions of these Terms
and Conditions) the Container shall be delivered and collected with reasonable
skill and care.
9. LIMITATION
OF LIABILITY
9.1 The following provisions set out the entire financial liability of the
Company (including any liability for the acts or omissions of its employees,
agents and sub-contractors) to the Customer in respect of:
9.1.1 any breach of these Terms and Conditions; and
9.1.2 any representation, statement or tortious act or omission including negligence
arising under or in connection with the Agreement.
9.2 All warranties, conditions and other terms implied by statute or common
law are, to the fullest extent permitted by law, excluded from the Agreement.
9.3 Nothing in these Terms and Conditions excludes or limits the liability
of the Company for death or personal injury caused by the Company’s negligence
or fraudulent misrepresentation.
9.4 THE CUSTOMER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS
OF CLAUSE 9.5
9.5 Subject to clause 9.3:
9.5.1 The Company’s total public liability arising in connection with
the hire of a Container under the Agreement shall be limited to £10,000,00.00;
9.5.2 The Company’s total product liability arising in connection with
the hire of a Container under the Agreement shall be limited to £10,000,00.00;
9.5.3 Except as provided in clauses 9.5.1 and 9.5.2, the Company’s total
liability arising in connection with the hire of a Container under the Agreement
shall be limited to £50,000.00;
9.5.4 For the avoidance of doubt there shall be included in the amounts set
out in clauses 9.5.1, 9.5.2 and 9.5.3 all legal and other professional fees,
costs and expenses incurred by the Customer in establishing and presenting
any claim against the Company; and
9.5.5 The Company shall not be liable to the Customer for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion of
goodwill or otherwise), or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the Agreement.
9.6 The price for the hire of a Container is determined on the basis of the
exclusions from, and limitations of, liability contained in these Terms and
Conditions. The Customer expressly agrees that these exclusions and liabilities
are reasonable because of (amongst other matters) the likelihood that the amount
of damages awardable to the Customer for a breach by the Company of these Terms
and Conditions may otherwise be disproportionately greater than the price for
the hire of a Container.
9.7 In the event the Customer is a consumer, such consumer’s statutory
rights are not adversely affected by these Terms and Conditions.
10. ASSIGNMENT
10.1 The Customer shall not be entitled to assign the Agreement or any part
of it without the prior written consent of the Company.
10.2 The Company may assign the Agreement or any part of it to any person,
firm or company.
11. FORCE MAJEURE
11.1 The Company reserves the right to defer the date of delivery or to cancel
the Agreement (without liability to the Customer) if it is prevented from or
delayed in the carrying on of its business due to circumstances beyond the
reasonable control of the Company including, without limitation, acts of God,
governmental actions, war or national emergency, riot, civil commotion, fire,
explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether
or not relating to either party's workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials, provided that, if the event in question continues for a continuous
period in excess of 30 days, the Customer shall be entitled to give notice
in writing to the Company to terminate the Agreement.
12. GENERAL
12.1 Each right or remedy of the Company under the Agreement is without prejudice
to any other right or remedy of the Company whether under the Agreement or
not.
12.2 If any provision of the Agreement is found by any court, tribunal, administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it shall to the extent of such illegality,
invalidity, voidness, voidability, unenforceability or unreasonableness be
deemed severable and the remaining provisions of the Agreement and the remainder
of such provision shall continue in full force and effect.
12.3 Failure or delay by the Company in enforcing or partially enforcing any
provision of the Agreement will not be construed as a waiver of any of its
rights under the Agreement.
12.4 Any waiver by the Company of any breach of, or any default under, any
provision of the Agreement by the Customer will not be deemed a waiver of any
subsequent breach or default and will in no way affect the other terms of the
Agreement.
12.5 The formation, existence, construction, performance, validity and all
aspects of the Agreement shall be governed by English law and the parties submit
to the exclusive jurisdiction of the English courts.
12.6 These Terms and Conditions (together with the terms, if any, set out in
the Agreement) constitute the entire agreement between the parties, supersede
any previous agreement or understanding and may not be varied except in writing
between the parties. All other terms and conditions, express or implied by
statute or otherwise, are excluded to the fullest extent permitted by law.
12.7 No term of the Agreement is enforceable under the Contracts (Rights of
Third Parties) Act 1999 by a person who is not a party to the Agreement.
13. TERMINATION
1. The Agreement shall run from the date of commencement for the Agreement
period. At the end of the Agreement period where the Agreement is for the provision
of a recurring Service(s), the Agreement shall become an agreement for a period
of one year which shall continue from year to year unless the Buyer gives the
Company a minimum of six months' notice in writing that the Buyer wishes to
end the Agreement.
2. The Company may end the Agreement by giving to the Buyer a minimum of six
months notice in writing, such notice to expire at the end of the Agreement
Period or any subsequent anniversary thereof. The Company may end the Agreement
immediately at any time if:
2.1. The Buyer is in breach of the Agreement
2.2. The Buyer does not make any payment due to the Company on time
2.3. The Buyer receives an order against him to wind up his business
2.4. The Buyer has an administrator, administrative receiver or liquidator
appointed in respect of some or all of its business or assets
2.5. The Buyer is unable to pay his debts as they fall due or is made bankrupt
2.6. The Buyer compounds or makes an arrangement with his creditors or has
distress levied against any of his goods or assets
3. If the Buyer terminates the Agreement pursuant to clause 14.1 above, the
Buyer must pay to the Company an amount equal to sixty-seven per cent of the
standard charge for whatever amount of /the Agreement Period remains unexpired.
The Buyer must also pay to the Company any overdue payments and interest that
the Buyer owes to the Company under the Agreement and any costs incurred by
the Company in collecting from the Buyer any payments still owed to the Company.
14. NOTICE
14.1 Any notice required or permitted to be given by either party to the other
under these Terms and Conditions shall be in writing addressed to that other
party at its registered office or principal place of business or such other
address as may at the relevant time have been notified pursuant to this provision
to the party giving the notice.
Your attention is specifically drawn
to section 6 of the attached terms and conditions for container hire and the
disposal of the contents – Warranties of the Customer.
It is a legal requirement that you comply with all requirements
of section 6.
In respect of section 6.3, we list below general information
regarding waste material that would normally be accepted for deposit at
a non-hazardous landfill site:-
1. Construction and demolition wastes:
From building sites including refurbishments, extensions
and demolition contracts and consisting mainly of soils, hardcore, brickwork,
stone, concrete, sand, cement, plastics, builders rubble, excavated road
metal, wood, hardboard and chipboard, trees, bushes and garden waste.
2. General commercial waste:
From offices, warehouses, shops, light industry etc. consisting
mainly of paper, cardboard, empty containers (metal, glass, plastic, paper,
sacks, etc.,), floor sweepings, wood and wood products.
3. General trade waste:
From shops and restaurants consisting of waste food, vegetable
matter, paper, cardboard, empty containers, floor sweepings, wood and wood
products.
4. General industrial waste:
From factories, heavy industry and engineering plants
consisting mainly of paper, cardboard, wood, hardboard, chipboard, slag
and ash, empty containers, floor sweepings, plastic, glass, pottery, china,
enamels, ceramics, mica, abrasives, clinker, coal, silica and cement.
5. Inactive or inert waste:
Sand, sub soil, concrete, bricks, minerals fibres, fibreglass,
etc, when separate from general construction waste.
6. Sewage screenings
Special and Hazardous Waste (not permitted in container)
For any special or hazardous waste including
(but not limited to) asbestos, oily waste, gas bottles, pesticides, batteries,
waste electronic and electrical equipment (WEEE), tyres, liquid, corrosive,
flammable or toxic wastes, please contact your account manager for specialist
advice on disposal options.
If you wish to confirm that the waste you propose to deposit in your container
is non hazardous, please do not hesitate to contact your account manager for
advice on 01273 401888
Terms and Conditions for the distribution of sludge
waste
These are the sole terms and conditions of Lloyds Environmental Waste Management
Limited (the "Contractor") and shall govern all transactions between the Contractor
and the person stated overleaf (the "Landowner") save as otherwise expressly
agreed in writing by the Contractor. These terms and conditions apply in preference
to and to supersede any terms and conditions referred to, offered or relied on
by the Landowner whether in negotiations or at any stage in the dealings between
the Contractor and the Landowner in connection with the distribution of Waste
on the Land.
For the purposes of these terms and conditions the following words and phrases
shall have the following meanings:-
"The Code" means The Code of Good Agricultural Practice for the Protection of
Water.
"Exempt activity" has the meaning ascribed to it in the Waste Management Licensing
Regulations 1994.
"The Land" means the land more particularly described overleaf as where the Waste
is to be distributed subject to these terms and conditions.
"Waste" means any waste as described in Schedule 3 of the Waste Management Licensing
Regulations 1994.
"The 1994 Regulations" means the Waste Management Licensing Regulations 1994
made pursuant to the Control of Pollution Act 1974 copy of which Regulations
has been provided to the Landowner for the purposes of these terms and conditions.
1. DISTRIBUTION
1.1 Only the signing by both the Landowner and the Contractor of the front page
of this agreement shall legally bind the parties thereto in respect of the distribution
of Waste on the Land by the Contractor on the terms contained herein.
1.2 The Contractor shall use reasonable endeavours to ensure that the distribution
of the Waste pursuant hereto is carried out at the times and dates requested
by the Landowner.
2. PAYMENT
2.1 The price for the use of the Land for distribution of the Waste shall be
the price advised in writing to the Landowner by the Contractor and is inclusive
of any applicable VAT.
2.2 The Contractor shall pay the price within [30] days of distribution of the
Waste on the Land.
3. WARRANTIES OF THE
CONTRACTOR
3.1 The Contractor hereby warrants that provided the Landowner complies with
these terms and conditions it will comply with all statutory and regulatory requirements
which apply to it in connection with the Waste including the 1994 Regulations
and the Code.
3.2 The Contractor hereby confirms that the Waste and the distribution of the
Waste falls within paragraph 7 schedule 3 of the 1994 Regulations and a Disposal
License is not required for the distribution of the Waste on the Land.
3.3 The Contractor is not a Waste Producer.
4. WARRANTIES OF
THE LANDOWNER
4.1 The Landowner hereby warrants that:-
4.1.1 The Land is suitable for the distribution of the Waste.
4.1.2 The Landowner has drawn to the attention of the Contractor any matter which
may affect any decision of the Contractor whether or not to distribute the Waste
on the Land having particular regard, but without prejudice to the generality
of the foregoing, to the Code (in particular paragraphs 29 to 41 inclusive and
150 to 167 inclusive), the 1994 Regulations.
4.1.3 There is no spring, well or bore hole that supplies water for human consumption
or to be used in farm dairies within at least 50 metres of the Land and the Land
is not situated such that there could be any contamination to any such spring,
well or bore hole.
4.1.4 The Land is not situated in an area where the distribution of the Waste
could cause a nuisance.
4.1.5 The Land is not liable to flooding.
4.1.6 The Land has not been pipe or mole drained within the 10 years prior to
the proposed distribution of the Waste.
4.1.7 The Landowner will not cause or permit any activity to take place on the
Land which may be in contravention of any statutory or regulatory provision and
in particular shall not cause or permit the activity specified in Column (1)
of the Table in regulation 4 of the 1989 Regulations to be carried out on the
Land before the expiry of the period specified in the Column (2) thereof.
4.1.8 The description of the Land is sufficiently detailed for the distribution
area to be identified by the Contractor.
4.1.9 The Landowner has an interest in the Land such that it has authority and
power to enter into this agreement and to consent to the distribution of Waste
on the Land.
5. ACCESS TO LAND
The Landowner shall allow the Contractor access to the Land in order to carry
out any tests pursuant to any statutory or regulatory requirements.
6. LIABILITY OF THE
LANDOWNER
6.1 The Landowner hereby indemnifies the Contractor against all loss and damage
which arises by reason of:
6.1.1 Any breach of any of the terms and conditions herein contained.
6.1.2 Any of the warranties, undertakings or statements in Clause 4 above being
inaccurate in any way.
6.1.3 The Landowner failing to comply with any statutory requirement or regulation
applying to the Waste and in particular, without prejudice to the generality
of the foregoing, the Code, the 1994 Regulations.
7. EXCLUSION OF
LIABILITY
7.1 The Contractor hereby accepts liability in the event of any injury to any
person arising out of the negligence of the Contractor or its agents or employees.
7.2 To the extent permitted by law and subject to the provisions of clause 7.1
the Contractor hereby excludes liability for any loss or damage whatsoever to
any goods or property of the Landowner arising in any way whatsoever including
breach of contract, breach of any statutory provisions or implied terms and/or
as a result of the negligence of the Contractor or its servants or agents.
7.3 The Contractor shall not be liable in any event for any consequential or
indirect losses suffered by the Landowner arising in any way whatsoever including
without limitation to the generality of the foregoing from breach of contract
or in tort or as a result of the negligence of the Contractor or its servants
or agents and including any loss of income, loss of profits or loss of interest
or opportunity.
7.4 The Contractor shall not be liable for any failure of, or delay in, performance
of any contract or part thereof in pursuance of these terms and conditions which
is due wholly or partially to the imposition, application or enactment of any
law or statutory regulation (whether of the United Kingdom or elsewhere) by any
competent authority, strikes, lock-outs, failure of other suppliers to supply
the Contractor with any goods or services, an act of God or natural disaster
or other cause or occurrence reasonably beyond the control of the Contractor.
7.5 All warranties of the Contractor in respect of the distribution of the Waste
whether implied by statute or common law, made expressly or otherwise are hereby
excluded to the extent permitted by law. The Contractor's employees or agents
are not authorised to make any representations concerning the distribution of
Waste unless confirmed by the Contractor in writing. In entering into the Agreement
the Landowner acknowledges that it does not rely on, and waives any claim for
breach of, any such representation which are not so confirmed.
8. GENERAL
8.1 This Agreement is the entire agreement between the Contractor and the Landowner
in respect of the distribution of the Waste and no variation of this Agreement
shall be effective unless in writing and signed by the Contractor. This Agreement
replaces any relevant existing agreement between the Landowner and the Contractor.
8.2 If the Contractor agrees with the Landowner or a court of law determines
that any provision of this Agreement is illegal or unenforceable the rest of
this Agreement shall continue unaffected but the provision in question will be
either changed by the minimum amount required to make it legal and enforceable
or, in the event that this is not possible, taken out altogether.
8.3 No delay or failure on our part to exercise or enforce any rights or remedies
pursuant to the terms of this Agreement shall constitute a waiver of such rights
or operate to prejudice the exercise of any such rights at any time thereafter.
8.4 Any signatory on behalf of the Landowner shall be personally liable for all
the obligations of the Landowner under this Agreement. Joint signatories on behalf
of the Landowner shall be jointly and severally liable for all the obligations
of the Landowner under this Agreement.
8.5 If any provision of this Agreement shall be found to be void, invalid or
unenforceable the rest of this Agreement shall remain in full force and effect
notwithstanding any such invalidity or unenforceability.
8.6 Any headings to clauses or sub-clauses are for convenience only and shall
not affect the interpretation or construction thereof.
8.7 This Agreement form and these terms and conditions shall be construed in
accordance with and governed by English law and subject to the jurisdiction of
the English courts. |