GENERAL TERMS

 

  1. Definition
    • In these terms ‘JWS’ shall mean JWS Waste and Recycling Services Limited.
    • In these terms ‘Customer’ shall mean either the hirer (if different) or the occupier of the Site where the container has been delivered.
    • ‘Parties’ applies to both JWS and the Customer.

 

  1. Conditions Applicable
    • Conflict with your Terms – you agree that any condition or requirement in your purchase order or other documents and any verbal instructions or request which adds to or conflicts with any condition of our Terms and Conditions will not apply unless agreed prior in writing.
    • The Customer has selected the services  without any reliance on JWS and acknowledges that JWS has not made any condition representation or warranty of any kind in relation to the services unless same are incorporated immediately beneath this clause and by both parties.
    • All requests for services by the Customer to purchase Services shall be in line with these Terms and Conditions.

 

  1. Price and Payment
    • Unless agreed in writing by both Parties the time for payment will be 30 days net monthly.
    • Credit terms are subject to the successful completion and approval of the JWS credit application process.
    • JWS, In the event the account falls overdue, reserves the right to suspend the provision of services and seek additional security or guarantees from the Customer or their Proprietors/Directors prior to recommencing the provision of services.
    • Notwithstanding the terms of 3.3 above, JWS reserves the right to cancel credit terms for hire and/or disposal as a result of any account becoming overdue in line with agreed payment terms.
    • JWS reserves the right to charge interest on all sums that remain unpaid after the due date at the rate set out in accordance with the Late Payment of Commercial Debts (Interest) Regulations 2002.
    • JWS reserves the right to revise its charges at any time but will give the Customer written notice of any such changes in price and the Agreement will deemed to be amended to incorporate the revision to the charges which will then be payable by the Customer.
    • Without prejudice the foregoing JWS will also charge the customer for dealing with overloaded containers or for non-compliant waste streams included in the load e.g. fridges or tyres.
    • If the Customer requests further copies of any document including tickets, waste transfer notes, already available on the portal from JWS as evidence of the Service the charge will be £10 per document provided.
    • All payments must be paid without any set-off or deduction against any invoice(s).

 

  1. The Term
    • Our agreement shall commence on the commencement date and shall continue for the full agreement period. The agreement shall continue thereafter for successive periods of at least the same length as the full agreement period (“continuation periods”) unless and until terminated by the provision of 1 month’s written notice given by either party to the other Although unless agreed in writing the minimum duration of the Service will be 2 calendar years from the commencement of service.

 

  • The Customer agrees that acceptance of any service, equipment, waste transfer note, collection/delivery note, or weighbridge ticket is deemed as acceptance of these terms and any service period thereafter.
  • Exclusive Agreement – during the length of this agreement the Customer agrees that it will not, enter into any other agreement or contract for the services provided under this agreement with any person, firm, agent, broker or company other than with JWS.
  1. Risks and Liabilities
    • The Customer will be responsible for any costs, losses or damages incurred by JWS, or any third-party, in connection with their failures, negligence or any breach of contract (including any inaccuracy in the description of the Material).

 

  1. Restrictions on Liability
    • Nothing in our agreement will operate to exclude, restrict, or limit liability for death or personal injury.
    • If you have a claim against us for which we are held legally liable our total liability will be limited to £5,000 per incident or related incident.
    • We will not be liable for any loss, damage claim that:
  • Results from your act, omission, negligence, or default; is not a natural and direct result of our act, omission, negligence, or default (including any loss or damage which was not foreseeable to both of us).
  • Is financial or economic loss or damage (including but not limited to loss of profit, business, income, goodwill other financial loss).

 

  1. Legal Rules
    • Both Parties will comply with all legal rules that are relevant to the Parties. JWS may change site rules and payments as are considered appropriate to reflect the interpretation of the effects of legal rules or new legal rules.

 

  1. Notification of Claims
    • Any claims the Customer has against JWS must be notified to JWS within 21 days of the cause of action leading to the claim

 

  1. Governing Law
    • Any agreement will be governed by English law and the Parties agree to only bring legal proceedings in the courts of England

 

TRANSPORT SERVICES

 

  1. Provision of Services
    • JWS shall deliver the goods to the Customers premises and shall install them in a position selected by the Customer
    • JWS drivers are instructed not to drive over footpaths, drives, grass verges, drains etc. and not to lift skips over walls or fences or to raised embankments. Should the Customer require a driver of JWS to do so, and damage is caused JWS will not be responsible for any such consequential damage.
    • Customers are advised prior to delivery to protect paving slabs, manhole covers or other items which may be subject to damage by the delivery lorry or to ensure that all access ways are otherwise safe for delivery.
    • The driver for JWS shall deposit the container pursuant for the direction of the Customer and for such purposes the driver of JWS shall be the agent of the Customer and provided the driver has followed the Customers direction JWS shall not be responsible in the event of damage or injury although the Customer will be responsible for any damage to the JWS vehicle or injury to people.

 

  1. Equipment
    • All and every item of equipment or container (“Equipment”)on hire or used by the Customer shall remain the property of JWS and the Customer will indemnify JWS fully and effectively and keep it indemnified against all losses, costs, claims, cleaning or replacement occurring other than fair wear and tear.
    • JWS reserves the right to charge any cost of repair, cleaning, or replacement of the Equipment as a result of the negligence of the Customer.
    • The Customer must at all times keep the Equipment in a safe place and shall be responsible for any loss ,cost, claim, charge, expense or damage caused to any third party in relation to the positioning and use of the Equipment.

 

  • The Customer must not remove, damage, or obliterate any of the markings placed on the Equipment by JWS, overload the container, or set fire to the contents of the container. In the event of damage by fire or any other cause the Customer is deemed responsible for all costs incurred in the repair or replacement of the Equipment
  • The Equipment must only be used by the Customer for the purpose it is intended. Where equipment is provided under the Lifting of work Equipment Regulations (LOLER) the Customer is responsible to ensure that the Equipment is used in compliance with these Regulations.  JWS will not be liable for any damage or injury caused when such Regulations are not complied with.

 

  1. Access
    • The Customer shall permit JWS at all reasonable times on reasonable notice to have access to goods to any property where it is for the purpose of inspecting, repairing or repossessing Equipment.

 

  1. Termination on Default
    • JWS may by written notice terminate the hiring and retake possession of the goods if the Customer is in breach of any of the terms herein, is adjudged bankrupt or has entered into voluntary arrangement with the company, is wound up or is put into receivership.

 

  1. Miscellaneous
    • The Customer shall be responsible for controlling all waste that is placed in the skip.
    • No asbestos, or other hazardous/special wastes for example oils flammable materials, corrosive or infectious wastes, refrigerators, freezers, gas bottles, tyres chemical waste or any items that pose a health and safety risk shall not be loaded into the skip unless JWS shall previously agree in writing.
    • If upon JWS emptying the skip and any unauthorised Materials are found, they are normally quarantined on site and either collected by the Customer meeting any additional costs or dealt with as per clause 14.4.
    • In the event that the Customer does not collect the Material, the Customer will be required to meet the full costs of handling, treatment, and transportation necessary to achieve final disposal within current legislation.

 

DISPOSAL SERVICES

 

  1. Your Material
    • The Customer will properly and accurately describe all Materials they bring to the site (including completing a Waste Transfer Note where relevant) and JWS will rely upon that description including for settling payment. The Customer is responsible for ensuring only Materials conforming to their description are delivered to site and will not contain any hazardous waste, liquids, or

 

  1. Material Composition
    • JWS reserve the right to inspect the Customer’s Material and may (before or after acceptance) take samples to review its composition and/or accuracy of their description. The results of JWS checks or samples will be conclusive. This right does not free the Customer of their liability for their Material delivered to We may charge you our reasonable costs in taking any samples.

 

  1. What Happens If Your Material Contains Items We Cannot Accept?
    • If your Material does not comply with the site’s acceptance criteria, we will reject it and ask you to reload and remove it at your cost. Where we feel that it is not practicable, we will charge you for the additional costs of correcting your failure and sending it to a facility that is licensed to accept it.  Where you repeatedly deliver non-conforming Material, we reserve the right to temporarily or permanently cease to be obliged to accept the

 

 

  1. Ownership and Liability of the Material
    • Your Material will become our property when it enters the site unless we reject it for any reason. This will not free you from any liability or responsibility you have in relation to the Material whether under our agreement or otherwise.  Where we may have arranged the transportation we have no obligation to inspect the load before delivery to the site and if we subsequently reject it for any reason we take no liability for its rejection and you will still pay for the transportation of the load to our site.

 

  1. Material Weights
    • The amounts will be calculated as set out in the commercial terms and applied to the actual weight of your Material as shown by the weighbridge ticket (subject to the minimum tonnage). Where our weighing facilities may not be working, for any reason, we will estimate the weight acting

 

  1. Target Tonnage
    • Should we agree a target tonnage into the site this is not a guaranteed tonnage into JWS but at the same time JWS reserves the right to review future commercial terms as a result of ongoing target tonnage shortfalls.

 

  1. Site Opening Hours
    • Site opening hours are Monday to Friday 06:00 until 18:00 hours and Saturdays 07:00 until 12:00 hours. The site is not opening for tipping on Sundays and Bank Holidays unless otherwise agreed.  JWS will not be liable for any costs or losses the Customer incur if the site is closed for whatever reason

 

  1. Conduct on Site
    • Upon entering the site, the Customer’s driver must at once report to the Weighbridge or as may be directed by our employees. The Customer’s driver will adhere to all site rules when on the site including adhering to the directions of our employees.  JWS can refuse to allow a vehicle to enter the site with just cause such as, for example, if JWS believe it is not allowed to enter the site due to site rules or the Customer has not paid undisputed amounts under an

 

23.         Risks and Liabilities

  • The Customer will be responsible for any costs, losses or damages incurred by JWS, or any third-party, in connection with your failures, negligence or any breach of contract (including any inaccuracy in the description of the Material).
  • JWS will not be responsible or liable for any loss or damage to, any property including vehicles or mobile equipment whatsoever whilst on the site or resulting from it being on the site.
  • The Customer will compensate us in full against any cost, loss, damages, or financial settlement payable by or in connection with any responsibility, risk of liability you have under our agreement.

 

  1. Restrictions on Our Liability
    • Nothing in our agreement will operate to exclude, restrict, or limit liability for death or personal
    • If you have a claim against us for which we are held legally liable our total liability will be limited to £5,000 per incident or related incident. JWS will not be liable for any loss, damage claim that:
    • Results from your act, omission, negligence, or default; is not a natural and direct result of our act, omission, negligence, or default (including any loss or damage which was not foreseeable to both of us).
    • Is financial or economic loss or damage (including but not limited to loss of profit, business, income, goodwill other financial loss).

 

  1. Mandatory Insurance Requirements
    • At all times each Party will put in place and maintain all insurance required by legal rules to a minimum insurance cover of at least £5,000,000 per event or series of connected events.

 

 

  1. Value Added Tax
    • All payments are exclusive of VAT as HMRC may determine from time to

 

  1. Other Taxes
    • The payments will include payments for all applicable taxes excluding VAT period if any tax is subsequently not payable for this refunded to us for any reason then we are entitled to retain any notional or actual tax saving and no savings or refund will be payable to you. Any tax for whatever reason including where we are charged a different rate by HMRC, you will be liable to reimburse the difference for the additional

 

  1. Other Payments
    • You also agree to pay JWS:
  • Our reasonable cost relating to a breach or failure by you or your obligations under our agreement.
  • £10 charge for each copy of any documents you request for example an invoice, a waste transfer note or weighbridge ticket.

 

  1. Credit
    • Any credit arrangements we may grant you, including invoice payment program, may be withdrawn or suspended if an invoice remains unpaid beyond its due date for the payment or if any credit limit we have set for you is exceeded (in which case we reserve the right to temporarily or permanently cease to be obliged to accept the Material).

 

  1. Payment of Invoices
    • All payments must be paid without any set-off or deduction at 30 days net monthly by the relevant

 

  1. What Happens If Either of Us Do Not Pay Within 30 Days?
    • Without affecting any rights either of us have elsewhere under our agreement:
  • All amounts will still attract costs and interest on a daily basis in line with the provisions of the Late Payment of Commercial Debts Regulations 2002.
  • You must pay all undisputed amounts within 30 days as per Clause 30.1. Payment of an invoice as shown by our records will be proof that we accepted and correctly treated the quantity of Material delivered to the site and acting reasonably and in good faith dispute any amount claimed under an invoice you must inform us within this 30-day period.
  • You cannot refuse to pay any amount on the basis we owe you money under the agreement or any other agreement.

 

  1. Ending Our Agreement
    • We may terminate should a bankruptcy order be made against you or your company; you or your company make voluntary arrangements with your creditors; you or your company have a receiver, and administrator or an administrative receiver appointed for the whole or any part of you or your company’s assets; an order is made for a resolution passed for your winding-up (unless for a group reconstruction or amalgamation); you or your company fail to pay any amount due to us under the The ending of our agreement will be without prejudice to any rights or liabilities that either of us may have accrued to that date.

 

  1. Legal Rules
    • Both of us will comply with all legal rules that are relevant to us. We may change our agreement, our site rules, and the payments as we consider appropriate to reflect our interpretation of the effects of legal rules or any new legal

 

  1. Can We Change Our Agreement?
    • Change agreements to ensure the good management of our business at any time. Normally we will give you at least 7 days’ notice. You agree to accept such changes and failure to do so will automatically end our agreement period.

 

  1. Ineffective Terms or Conditions
    • If a court or competent decides that any part of our agreement is invalid or ineffective the rest of our agreement will not be affected. If we then become liable for any loss or damage then that loss or damage will be subject to the other exclusions, restrictions, or limitations of our agreement.

 

  1. Waiver
    • If we do not insist on any rights, we may have we may still insist on the right at a later date.

 

  1. Assignment
    • You may not transfer any of your rights and/or responsibilities under our agreement to another person or entity without our prior written consent, but we may do so without your prior written consent.

 

  1. Contracts (Rights of Third Parties) Act 1999
    • A person, or any company who is not party to the agreement will have no right under this act to enforce any part of the agreement.

 

  1. The Signing of Our Agreement
    • We are entitled to assume that the person signing our agreement is duly authorised to bind you legally to your obligations under it.

 

40.     Words and Phrases Used in Our Agreement

  • “Commercial Terms” the commercial document setting out the terms and payments for the acceptance of the Material at the
  • “Legal Rules” UK or European legislation, provision of common law or requirements of any authorisation, licence, consent, permit, code of practice, rule of guidance note issued by an authorised
  • “Material” the Material described in the commercial terms or other descriptive document (e.g. waste transfer note) delivered to any site under our agreement and which meets the sites Material acceptance
  • “Material Acceptance Criteria” each site list of acceptable and prohibited Material as updated from time to
  • “Payments” the payments for the Material will be set out in the commercial terms are as agreed at the site.
  • “Site” each Site named in the Commercial
  • “Site Rules” Legal Rules and Rules displayed or available at the site in relation to the policies, procedures and conduct at the site and in relation to the treatment of
  • “Waste Transfer Note” the document required to comply with the Duty of Care (S.34 of the EPA 1990 and the Environmental Protection (Duty of Care) Regulations 2011).

 

  1. Consequences of Termination
    • For the purpose if retaking possession of the goods JWS may enter the premises where the goods are situated and in retaking possession shall not affect their right to have any money due at any time of the termination or to recover damages for any breach of this agreement before the termination.

Controlled Document Number COM_0899_JS_ V1