Please find below our Terms & Conditions.
Commercial Operating Procedures for Supply of Services
CIRCLE WASTE LIMITED STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
1. Interpretation
1.1 In these Conditions:
“CLIENT” means the natural person or persons, firm, partnership, company, corporation, association, organisation or other body or entity named on the Sales Order Confirmation for whom the Company has agreed to provide the Specified Service in accordance with these conditions and those set out in the Sales Order Confirmation
“COMPANY” means CIRCLE WASTE LTD LTD (registered in England) under number 11239466 and all trading names including 1,2,3 Skip Hire, Armstrong Grabs, Armstrong Skip Hire, Bannister Skip Hire, Cams Skip Hire, Circle Skip Hire, City Skips, Gaylor Grabs, Grants Grab Hire, HB Skip Hire, Johnson Skip Hire, Jones Grab Hire, McGowan Skip Hire, Skip Hires Glasgow, Taylor Skip Hire, Tom Clarke Skip Hire, Walker Skip Hire, Waste Team UK, Wright Skip Hire and Yellow Skip Hire.
“COMPANY’S STANDARD CHARGES” means the charges shown on the Sales Order Confirmation
“CONTRACT” means the contract for the provision of the Specified Service
“CONTRACT PERIOD” means a minimum period of 12 months from the commencement of the Specified Service, unless otherwise agreed in writing between the Company’s Authorised Representative and the Client
“SALES ORDER CONFIRMATION” means the confirmation sent by the Company to the Client within 7 days of an order being placed by the Client whether in writing or orally for the supply of services by the Company to the Client
“SITE” means the site where the Specified Service is to be provided
“SPECIFIED SERVICE” means the sole and exclusive supply of waste management, recycling and environmental services to the Client and which may be varied from time to time by the Sales Order Confirmation
“INCORRECT MATERIAL” means any waste material that falls outside of the description specified in the Company’s quotation and Sales Order Confirmation
“ACCEPTANCE” means acknowledgment by the Client that once the Specified Service has commenced the Client accepts the Company’s standard terms and conditions and such conditions of Contract take precedent over any other terms and
conditions that exist or existed between the Company and the Client (and for evasion of doubt cannot be varied in any way, including by way of the Client’s purchase order or acknowledgment of the Sales Order Confirmation, without the written agreement of an authorised representative of the Company, prior to the commencement of the Specified Service)
“SERVICE PROVIDER” means those persons or organisations, other than the Company’s employees, that are retained or employed by the Company to carry out partial or total performance of the Contract
“CONFIDENTIAL INFORMATION” means any information that is clearly and precisely identified as confidential at the time of disclosure or by its nature confidential
“PERSONAL DATA” has the same meaning as section 1(3) of the Data Protection Act 1984
“AUTHORISED REPRESENTATIVE” means the person or persons that are authorised by the Company to act on behalf of the Company in relation to the Contract and will be of no lesser designation than that of a Director
1.2 The headings in these Conditions are for convenience only and shall not affect their construction or interpretation
2. Supply of the Specified Service
2.1 The Company shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by the Company and the Client
2.2 The Specified Service shall be provided at the Site in agreement with the Sales Order Confirmation and these conditions
2.3 The Client shall, at its own expense, supply the Company with all necessary and required documents or other materials, and all necessary data or other information relating to the Specified Service within adequate time to enable the Company to provide the Specified Service in accordance with the Contract and, in particular, shall supply an accurate and precise description of any materials or waste to be handled or collected by the Company or its Service Provider, agent, sub-contractor or employee during the provision of the Specified Service. If it is unable to give an accurate description the Company is allowed and permitted to carry out an analysis
of any such materials or waste at the Client’s expense. Where such information is supplied by the Client, the Client shall be responsible for its accuracy and that of any information supplied by its agent(s) or employees, to the Company
2.4 The Company may correct any typographical or other errors or omissions in any Sales Order Confirmation or invoice relating to the provision of the Specified Service without any liability or penalty to the Company
2.5 The Company may at any time without notifying the Client make any changes to the Specified Service, which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially or greatly affect the nature or quality of the Specified Service
2.6 The Company or its nominated service provider will Supply the Specified Service and appropriate container(s) storage receptacles or equipment at the address specified in the Sales Order Confirmation and the Specified Service will be
undertaken during normal operating hours unless otherwise agreed in writing with the Company
2.7 If applicable the Specified Service may be for a minimum number of services per month which may also be inclusive or exclusive of rental charges and/or charges for delivery/collection of receptacles/containers, and for a minimum period of time and
such information will be detailed in the Company’s offer (quotation) to the Client and will be confirmed in the Company’s Sales Order Confirmation
3. Charges
3.1 Subject to any special terms agreed, the Client shall pay the Company’s Standard Charges and any additional sums and costs which are applicable to the provision of the Specified Service or which, at the Company’s sole discretion, are charged as a result of the Client’s instructions or lack of instructions, or any other cause attributable to the Client including the provision by the Client of Incorrect Material.
3.2 The Company’s Standard Charges quoted to the Client for the provision of the Specified Service will be exclusive of landfill tax unless otherwise stated in the Company’s offer (quotation) to the Client.
3.3 All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate.
3.4 The Company shall be entitled to invoice the Client at any time following the provision of the Specified Service unless it has been agreed otherwise in writing, by the Client, with the Company’s Authorised Representative.
3.5 The Company’s Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 30 days of the date of the Company’s invoice.
3.6 The Client’s attention is drawn to prompt resolution of queries. Any queries must be provided in writing to the Company’s credit control department within 14 days of the date of Company’s invoice. To accord with the Company’s sustainability policy and the requirement to eliminate paper or photo static copies of tickets
(Proof of Delivery) and or copy invoices etc. they will not be supplied to the Client in this format
However, the documents are available on line and can be downloaded, at any time, by the Client, accessing their account on the Company’s Reporting software.
Plant Hire Terms & Conditions
1. DEFINITIONS
(a) The “Contract” is the Contract between the Owner and the Hirer for the hire of Plant, which incorporates the Offer and is governed by these conditions.
(b) The “Hire Period” shall commence from the time when the Plant leaves the Owner’s depot or place where last employed and shall continue until the Plant is received back at the Owner’s named depot or other agreed location. For the avoidance of doubt the Hire Period includes the time Plant is left on site during a Holiday Period
(c) The “Hirer” is the Company, firm, person, Corporation or public authority taking the Owner’s Plant on hire and includes their successors or personal representatives.
(d) “Holiday Period” covers any cessation of work over Easter, Christmas and the New Year; as well as any other Bank or Public holidays.
(e) “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be incorporated into the Contract.
(f) The “Owner” is the Company, firm or person letting the Plant on hire and includes their successors, assignees or personal representatives.
(g) “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles, equipment, accessories, and any ancillary items, vehicles or equipment therefor, which the Owner agrees to hire to the Hirer, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the Plant.
(h) A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day, unless otherwise specified in the Contract.
(i) A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday, unless otherwise specified in the Contract.
2. EXTENT OF CONTRACT
No terms, conditions or warranties other than as specifically set forth in the Offer shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern the relationship between the Owner and the Hirer in relation to the hire of any particular Plant pursuant to the Offer. This excludes all other terms or conditions which the Hirer may seek to apply under any order or acknowledgement or acceptance or similar document and supersedes all prior negotiations, representations or agreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by the Owner. The Owner and the Hirer do not intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to the Contract, except that a person who is a successor to or an assignee of the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).
3. ACCEPTANCE OF PLANT
Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.
4. UNLOADING AND LOADING
The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Plant at the site; and any personnel supplied by the Owner for such unloading and / or loading shall be deemed to be under the direction and control of the Hirer. Such personnel shall for all purposes in connection with their employment in the unloading and / or loading of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) who shall be solely responsible for all claims arising in connection with unloading and / or loading of the Plant by, or with the assistance of, such personnel.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE:
INSPECTION REPORTS
(a) Unless notification in writing to the contrary is received by the Owner from the
Hirer in the case of Plant supplied with an operator within four working days, and in the case of Plant supplied without an operator within three working days, of the Plant being delivered to the site, the Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where the Plant requires to be erected on site, the periods stated above shall be calculated from the date of completed erection of Plant. The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and / or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).
(b) The Hirer shall at all times when hiring Plant without the Owner’s operator or
driver take all reasonable steps to keep himself acquainted with the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising therefrom.
(c) Any inspection report required under the relevant legislation, or a copy thereof, shall be supplied by the Owner, if requested by the Hirer, and returned on completion of the Hire Period.
6. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Owner, his agents or his insurers to have access to the Plant to inspect, test, adjust, repair or replace the same. So far as reasonably practicable the Hirer shall allow such access during the Working Day.
7. GROUND AND SITE CONDITIONS