1.1 REPC Ltd means the waste collector and service provider REPC Ltd, registered office, Unit 4, The Great Bridge Centre, Charles Street, West Bromwich, B70 0BF.
1.2 “Client” means the individual, charity, firm, company or other trading organisation to which the services are supplied subject to these conditions.
1.3 “The Service” means:
Removal of Waste and unwanted equipment or materials and any subsequent processing, disposal, or recovery as specified in the contract.
Processing includes the loading operations associated with (a) above, transport, decontamination and any other handling operation associated with (a) above.
1.4 “Waste Materials” means unwanted, redundant surplus equipment, packaging or other waste used by a Client or no longer required by a Client or which a Client requests REPC Ltd to remove and safely dispose of on their behalf.
1.5 “Hazardous” means materials that contain hazardous substances as defined by the Hazardous Waste Regulations 2005.
1.6 “The Agreement” means the Contract for the provision of the Service by REPC Ltd to the Client.
2.1 The client will pay REPC Ltd the charges for the services as indicated in the invoice in line with REPC Ltd’s standard charges in force at the time of collection. All sums due are payable within 14 days of the date of the relevant invoice unless specified in writing otherwise.
2.2 If the client fails to make any payment that is due, REPC Ltd reserves the right to suspend the provision of any service.
3.1 The client warrants and agrees that at all times the Waste Materials that the Client presents for removal shall be identified prior to collection and not include any materials included in REPC’s excluded list of equipment or material, unless by prior agreement in writing. The Client also agrees that all Waste Material should be placed in containers suitable for the waste. Containers will be collected from a suitable, safe access point to the premises.
3.2 The Client will comply with the Control of Pollution Act 1974, The Environmental protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.
3.3 The Client will, prior to collection, supply REPC Ltd with any data or information which REPC Ltd considers necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.
3.4 The Client shall hold harmless and indemnify REPC Ltd, its Directors, Officers and Employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract, these terms and conditions or of a breach of legal requirements by the client.
4.1 REPC Ltd agrees at all times:
To carry out the services in a secure, safe, efficient and professional manner;
To comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, and recycling of the materials collected from the client. In this respect REPC Ltd warrants that it is a properly registered carrier of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989 (Waste Carrier Registration CB-WP3616RY);
To engage as collection agents only for properly registered carriers of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989 and to carefully supervise all activities of such collection agents in connection with the Contract.
4.2 REPC Ltd shall hold harmless and indemnify the Client against any loss or damage to the environment or property or injury to, or death of, any person caused by any negligent act or omission or willful misconduct of REPC Ltd and its servants, agents or sub-contractors. Except in respect of injury to, or death of, any person (for which no limit applies) the liability of REPC Ltd hereunder in respect of each event or series of connected events shall not exceed £10,000.
4.3 In the event of a suitable, safe access point from which to collect the waste not being available, then REPC Ltd reserve the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then REPC Ltd shall not be liable for any damage caused by the operation of transporting the waste to a suitable, safe access point.
5.1 No variations or alterations of these conditions shall be binding on REPC Ltd unless agreed in writing by, or on behalf of, REPC Ltd by an authorised representative. All orders by the Client for the Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these conditions. Performance of the Services by REPC Ltd shall be deemed conclusive evidence of the Client’s acceptance of these conditions. These conditions shall remain in force until such time as REPC Ltd adopts revised conditions and notifies the client of the substitution of these conditions by the revised conditions.
6.1 Times and Dates quoted by REPC Ltd for undertaking the Services are intended as estimates only and will not be of the essence of the Contract in this respect.
6.2 Unless agreed otherwise in writing, all prices quoted to the Client are exclusive of Value Added Tax, or any similar tax levied by the Government on the value of services, which shall be added to the invoice and paid by the Client.
6.3 All prices quoted to the Client are exclusive of Local Government and Central Government fees or any other similar charges so levied on the Handling and Disposal of Waste. Where and if appropriate these charges will be added to the invoice and paid by the Client.
7.1 If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable, in whole or in part, these Terms and Conditions will continue to be valid as to all other provisions and the remainder of the provision.
8.1 No waiver or forbearance by REPC Ltd or the Client whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in future.
9.1 These Terms and Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.