Our Trading Terms
1. ENTIRE AGREEMENT
THESE TERMS AND CONDITIONS form the entire Agreement and supersede any other documentation or communication between us. It is agreed that these terms and conditions form a binding agreement between us (Agreement) and exclude and supersede the Customer’s terms or any terms that are implied by trade, custom, practice or course of dealing unless otherwise agreed in writing. The Customer acknowledges that it has not relied on any statement, promise or representation made by us or on our behalf which is not set out in this Agreement. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Heard may be entitled in relation to the Services, by virtue of any statute, law, or regulation. Any reference in these Terms and Conditions to legislation, statute, regulation, or provision thereof shall be construed as a reference to that legislation, statute, regulation, or provision as amended, enacted, or extended at the relevant time.
2.1 Defined terms shall have the following meanings:
Contractor means Heard Who also trade as Heard Waste Management Ltd (Incorporating Pierrot Environmental Ltd, Pierrot Environmental Ltd t/as Fern Skip Hire, Pierrot Environmental t/as Heard Environmental, Pierrot Environmental t/as Heard Demolition)
Customer means the person or persons or Company to whom avails the Services, the invoice is addressed to
Container means skip, container, goods, or other related materials delivered to the Customer.
Delivery Point means the address to which the Container is delivered, or the Services are provided.
Hire Period means 7 days from the date of delivery of the container to the Delivery Point
Services means the hire of the Container and subsequent disposal of the contents thereof
3. COMMENCEMENT DATE AND DURATION OF HIRE
3.1 The contract period shall commence on the date on which the Container is delivered to the Customer.
3.2 The Hire Period can be increased to 14 days at point of sale for non-account customers or up to 28 days for credit account customers. The Hire Period shall end on the earlier of the following days. The day on which the Container is redelivered to the Contractor at the Delivery Point, or the day on which the Container is collected by the Contractor from the Customers Delivery Point, or on the expiry of the 84th day of the Hire Period. The Customer shall, return the Container to the Contractor no later than the end of the 84th day of the Hire Period.
4. CONTRACTOR OBLIGATIONS
The Contractor shall use reasonable endeavours to deliver and/or collect the Container to and/or from the Delivery Point by the date and time agreed between the parties. The Contractor shall not be in breach of this agreement nor liable for delay in performing, or failing to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the Contractor shall be entitled to a reasonable extension of time for performing such obligations at the Contractor’s discretion.
5. PAYMENT TERMS
5.1 The Customer shall pay to the Contractor the agreed sums in accordance with the terms of the quotation agreed.
5.2 Non-Account Customers or cash-account Customers referred to as “Cash” must pay in full before delivery or other works undertaken from time to time as contracted.
5.3 Account Customers invoices shall be paid within 30 days net monthly of the invoice.
5.4 Payments made after this date will attract interest in accordance with the ‘Late Payment of Commercial Debts Interest Act 1998’.
5.5 Invoice queries must be raised within 14 days of receipt of the invoice otherwise will be deemed payment in full.
5.6 For any same day cancellations, a wasted journey fee of £75 will be applied.
5.7 The Customer shall be responsible for payment of all surcharges to be invoiced to the Customer by the Contractor in addition to any hire charges already settled or falling due on account, such payment to be made on receipt of the invoice. Invoices are deemed received on the second post day after posting.
6. RECYCLED AGGREGATES
6.1 The Contractor accepts no responsibility, liability and/or counter charges for the supply to and / or acceptance by the Customer of Recycled Aggregates.
6.2 Recycled Aggregates are strictly subject to availability. No liability and/or counter charges will be accepted if site have only allowed for the use of recycled aggregates at their time of pricing the works or if the aggregate is not
6.3 Recycled Aggregates are a variable product and therefore the Contractor accept no liability if recycled aggregates are not consistent in terms of size of aggregate and/or deleterious matter
6.4 Recycled Aggregates are tested at source and the Contractor accepts no liability for any recycled aggregates that fail any on site tests undertaken in any
6.5 The Customer is strictly liable to ensure application of the correct moisture when using Recycled Aggregates, as this may impact on site test results, to which in accordance with 6.3 the Contract accepts no liability for failures.
7. QUARRIED AGGREGATES
7.1 Quarried Aggregates are strictly subject to availability and we will accept no responsibility, liability and/or counter charges for delays caused by material not being
7.2 Quarried Aggregates are tested at source and so we accept no liability for any quarried aggregates that fail on site
8. MUCK AWAY
8.1 Muck Away is a service that is subject to The Contractor accepts no liability and/or counter charges if there are delays to projects/contracts because orders could not be fulfilled by us
8.2 Unless agreed in writing prior to the receiving of a written order, under no circumstances do we undertake “all risk” or “lump sum” or “contract” works
8.3 The Contractor shall submit all quotations based on current tip prices, and expressly reserves the right to renegotiate the rate at any given time during the Services in the event the tip increases being imposed on
8.4 All Muck Away quotations are priced on a “per load” basis and will be charged at the agreed “per load” rate for each signed waste transfer note/ticket received from the Customers site. The Contractor accepts no liability and/or counter charges if the volume of material removed exceeds the allowances made by the Customer during their tender/live
8.5 The Customer accepts full responsibility and any liability arising out of any loss in respect of clauses (a) to (d) and the customer will ensure that:
- (a) the Customer satisfied that all loads which leave the Customer’s site in a Tipper or Grab lorry are safely loaded and do not exceed the legal weight that each respective vehicle can carry. The Contractor accepts no liability and/or counter charges that are caused by the tonnage/volume which leaves a Customer’s site/project once the waste transfer note/ticket has been signed and the Tipper/Grab lorry has left the Customer’s
- (b) the material removed does not have any visual contaminants or deleterious matter included, and is as per the soil report provided, or the verbal duty of care description given in instances where a report was not available
- (c) the Customer is satisfied with the description on the waste transfer note/ticket. The Contractor will not be liable for any queries against descriptions of loads after they have been removed from the Customers site;
- (d) the correct and relevant sections they have ticked the relevant EWC code on the waste transfer note/ticket have been completed before the Tipper Lorry/Grab Lorry leaves the Customers site.
Note: not all disposal facilities are legally obliged to produce physical disposal/tip tickets by the Environment Agency and so in instances where Muck Away is disposed of at one of these facilities we will aim to obtain a letter confirming the relevant waste transfer note/ticket numbers were disposed of at the particular disposal facility in question.
8.6 The Contractor accepts no liability and/or counter charges arising from any losses / charges or claims in respect of Muck Away Services.
9. CUSTOMER OBLIGATIONS
9.1 The Customer Container shall be under the control of the Customer at all times, from delivery to collection.
9.2 The Customer agrees to cooperate with the Contractor at all times and shall ensure that the Container is used safely and without risk to health, is used by competent and duly licensed operators, as the case may be, and is not used for any purpose for which it is not designed or reasonably suitable, shall comply with any conditions regarding safety as prescribed by Heard, current regulations and industry guidelines for the period of the Services; and (c) be responsible for obtaining and maintaining all consents, licenses and permits required for the provision of the Services as prescribed by legislation or regulation and shall provide Heard with copies of such consents on first demand, and any costs arising out of or in connection with compliance with this condition shall be met solely by the Customer.
9.3 The Customer shall ensure that the Container is not loaded beyond the capacity during the term of the Services. Inappropriate materials including but not limited to materials of an obnoxious, dangerous or poisonous nature will not be deposited in the Container, unless agreed in writing by the Contractor, approvals are at the Contractors sole discretion. The Container will not, on any account, be used as an incinerator or for the purposes of burning refuse deposited therein.
9.4 The Customer agrees any material deposited within the Container is deemed by the Contractor to be abandoned by the Customer at the time of collection of the Container. The Customer is deemed to have consented to the removal and disposal of all materials deposited within the Container upon collection of the Container by the Contractor and the Contractor shall be at liberty to dispose of all materials in the Container following collection.
9.5 The Customer will ensure that there is unobstructed safe and level access for the Contractors collecting units between the Public Highway and the Delivery Point. When delivering an empty Container from a public highway or private road to the Delivery Point, hydraulic jacks on the rear of the Contractors vehicle must be used to lift the loaded skip. The Contractor accepts no responsibility for any damage caused by the hydraulic jack legs. Where the Delivery Point is on the public highway, including verges, and where Council permits are required by law, responsibility for obtaining maintaining said permits rests with the Customer and must be in place before delivery. The Contractor will supply lights fitted to the Container for use at night. The Customer accepts responsibility for ensuring that all lights are on and operational at night.
9.6 Customers requesting for the vehicle to leave the public highway do so at their own risk. The Customer will indemnify the Contractor of any claim arising from damage, claims or expenses incurred by the vehicle being used for off highway purposes.
9.7 The Customer is responsible for ensuring that the Container does not constitute a nuisance to a third party, and that the Delivery Point does not breach any statute or other regulation, order or by law from time to time in force.
9.8 The Customer will keep the Container insured against loss, damage, theft, and third-party risks and will produce evidence of such insurance to the Contractor if requested to do so, who shall be entitled to withhold delivery of the Container until evidence is received.
9.9 The Customer will not move the Container from the Delivery Point. The Customer will keep the Container in its sole possession and will not lend the Container or sublet it to any person or otherwise part with possession of it in any way. The Customer acknowledges that the Container always remains the property of the Contractor and will not in any circumstances be sold or used as security. The Customer will not permit any lien to be created on the Container or pledge the Contractor’s credit for repairs to it.
10. LIMITATION OF LIABILITY
10.1 The Customer will indemnify the Contractor against all loss or damage caused to or by the Container from whatever cause arising, including but not limited to the theft of the Container.
10.2 The Customer will keep the Contractor indemnified against all liabilities, expenses. costs (including but not limited to any solicitors’ or other professionals’ costs and expenses, claims, damages and losses suffered or incurred by the Contractor arising out of or in connection with any breach of these Terms and Conditions, or any act or omission of the Customer or any person with its actual or implied authority.
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision Failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
11.2 Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
11.3 These Terms and Conditions, and any dispute or claim arising out of or in connection with or the subject matter or formation shall be governed by and construed in accordance with the law and jurisdiction of England and Wales and its courts.
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