Nationwide Direct Limited – Terms and Conditions of Trading
Nationwide Direct Limited – Terms and Conditions of Trading
The conditions hereinafter stated are the conditions of Nationwide Direct Limited (hereinafter called NWD) and any service undertaken by NWD is undertaken upon the following conditions unless varied by the terms of any written contract between NWD and the customer.
Definitions and Interpretation
1. In this agreement- Means a wheeled bin provided by NWD for the storage of commercial waste, the
“Container” type whereof being specified on page 1 of this Agreement.
“NWD” and Means those persons respectively identified as such on Page 1 of this Agreement.
“The Premises” Means the premises at which a container is located for the purposes of enabling the service to be provided pursuant to the terms of this agreement, as specified on Page 1 thereof.
“The Service” Means the provision of a container, the collection of commercial waste therein, the provision of any further container and the disposal of that commercial waste in accordance with law by the NWD as specified on Page 1 of this agreement.
“Collection Day” Means the day(s) in each week upon which the NWD and the Customer agree the commercial waste, the subject of the service, is normally to be collected by the NWD.
“Side Waste” Means any waste in addition to that stored in the container
Reference here into “waste” and “commercial waste” shall have the same meaning as in the Environmental Protection Act 1990 and any Regulations Codes of Practice and other Subordinate legislation made there under.
2. NWD`s Obligations
2.1. NWD hereby agrees to provide the service at the frequency specified on page 1 of this agreement, to replace the container after emptying in a safe and appropriate manner and to dispose of the waste to a licensed waste management site.
3. Customers Obligations
3.1 In Consideration of the foregoing the customer hereby agrees:
(a) To promptly pay the charge(s) for the service specified on page 1 of this agreement (as varied from time to time by NWD pursuant to clause 10.1 below)
(b) To define the location at the premises at which any container is to be kept.
(c) To make the container and/or the side waste available for collection (to which there will be an additional charge levied in respect to the side waste collected) upon the collection day and to ensure that adequate access thereto is available on the day of collection for the vehicle used by NWD to provide the service. In the event that the NWD is unable to empty a container due to the customer’s failure to comply with this clause, NWD may on request by the customer arrange for its collection on a later occasion for which a further payment at the rate(s) specified on Page 1 of this agreement shall be made to the customer.
(d) To maintain any container in a clean, hygienic and safe condition whilst it is at the premises.
(e) To ensure any container is safely filled.
(f) That nothing other than commercial waste from the premises is made available to be collected or placed or permitted to be placed in any other container for collection pursuant to this agreement.
(g) Not to use or permit any container to be used for the burning therein of any substance or material.
(h) To accept liability for the container and its safe storage while at the premises
4. Mutual Obligations
4.1 In order to avoid prejudice to their respective commercial interests each party agrees that they will not disclose the amount of the charges payable under the terms of this Agreement to any other person, other than:
(a) For audit or other purposes connected with the management or regulation of either party’s business, or
(b) Where such disclosure is required pursuant to legislation (including the Freedom of Information Act 2000), any judicial or regulatory process or in connection with any action, suit, proceedings or claim, or otherwise by law, of
(c) After having obtained the prior consent of the other party to such disclosure.
5. Liability and Indemnity
5.1 Notwithstanding the provisions of clause 5 hereof, the Customer shall indemnify NWD against any expense, liability, loss, claim or proceedings whatsoever arising under any statue or at common law in respect of personal injury to or the death of any person whomsoever or damage to any property real or personal in so far as the same arises directly or indirectly out of or in the course of or caused by the location of the container at the Premises and its use for the storage of any waste whatsoever or the Customer’s compliance with or breach of the items of this Agreement whilst the Container is located or used as aforesaid EXCEPT to the extent that the same is due to any act or neglect of NWD or its servants or agents.
5.2 Save as provided by Clause 5.3. NWD shall not under any circumstances be liable to the Customer whether in contact tort or otherwise for any loss, damage or injury however caused or arising out of or in the course of or in connection with the provision by NWD (or its servants or agents) of the service.
5.3 Clause 5.2 shall not apply in relation to:
(a) Any failure by NWD to provide the service in accordance with the terms of this Agreement and
(b) Any deliberate or negligent act or omission of NWD or any of its servants or agents and in particular any negligent act or omission giving rise to death or personal injury.
5.4 The customer shall be liable for and indemnify NWD against any loss or expense to the container(s) or any damage caused whatsoever to the container unless that damage is attributed to NWD by means of the container being emptied.
6.1 Any Container the subject of this Agreement shall at all times remain the property of NWD. Any Container damage, however caused will be refundable to NWD at the current replacement cost. In the case of a fire damaged container NWD reserve the right to invoice the replacement cost at the point of notification of loss and therefore Containers should be placed onto the hirers premises insurance.
7. Collection of Overspill or Side Waste
7.1 NWD will not collect any overspill or side waste on about or adjacent to the container at time of collection, unless the Customer has indicated their desire to include this provision by placing an “X” or other mark in the appropriate box on Page 1 of this Agreement. In the event that such a collection is made the Customer shall pay the appropriate equivalent collection charge rate as specified on Page 1 of this Agreement.
8. Compliance with the Environmental Protection Act 1990
8.1 The Customer shall at all times during the currency of the Agreement comply with the requirements of the Environmental Protection Act 1990 and of any regulations from time to time made there under and any relevant successor legislation.
8.2 The Customer must not deposit any of the following items in accordance with the Hazardous Waste Regulations in the container, as NWD is not licensed to remove any of these products:
(a) Asbestos or any materials known to contain asbestos
(b) Any liquids
(c) Lead acid batteries (i.e Vehicle batteries) or Ni Cad Batteries
(e) Gas cylinders
(f) Animals or animal by-products
(g) Televisions and/or computer monitors
(h) Fluorescent tubes
(i) No butane aerosols
9. Location of Container
9.1 The Customer shall at all times locate the Container on or in the Premises and shall at no time store or permit the same to be stored upon any highway or footway maintainable at the public expense without written agreement from the Highways Authority.
10. Duty of Care
10.1 NWD is required by virtue of Section 34 of the Environmental Protection Act 1990 to issue a Duty of Care: Waste Transfer Note to all customers, which must be signed, and the top copy returned to NWD before the first collection of waste can commence. The customer is required to retain the bottom copy (for a minimum of two years) and make available for inspection by either NWD or the Environment Agency. Duty of Care: Waste Transfer Notes are issued annually and in the event that a customer relocates their business a new Waste Transfer Note will be issued.
11. Variation of Charges
11.1 NWD may at any time vary the charge(s) specified within this Agreement, by giving to the Customer not less than 28 days notice in writing of any such variation in the charges(s). NWD shall have the right to increase the Charge at any time to take account of any variation in NWD`s costs including (but not limited to) variations in wages, disposal costs, administration costs, cost of materials, equipment, fuel costs, taxes, duties and cost of compliance with relevant legislation. NWD shall endeavor to give the customer not less than one calendar month’s notice of any variation of the Charge under this Clause but notwithstanding this the Customer shall be liable to pay any increase from the date specified in the notice. – 28days above
11.2 Where the Charge Per Lift is based on an Assumed Weight NWD may revise the Assumed Weight (and consequently and proportionately the Charge Per Lift) at any time if it reasonably believes that the actual average weight per collection is less than or greater than the Assumed Weight.
11.3 NWD may charge and the Customer shall pay to NWD the EA Charge. NWD shall endeavor to give not less than one month’s notice to the Customer of the EA Charge but notwithstanding this the Customer shall be liable to pay the EA Charge within 30 days of the date of the invoice.
11.4 NWD reserves the right to rescind or adjust any rebates for commodities of recyclate to reflect current market rates with immediate effect and without prejudice to this agreement.
11.5 NWD reserve the right to introduce daily container / equipment rentals and to review these on a periodic basis and at least once annually to reflect the changes in the costs of purchasing and maintaining
the assets involved in providing the service.
11.6 Where NWD supply a Dry Mixed Recycling service or food waste collection service, if the waste becomes contaminated and NWD cannot then collect the material due to the level of contamination, then
NWD will make alternative arrangements to collect this waste as general commercial waste and apply the charges accordingly.
12.1 NWD shall have the right to forthwith (and without prejudice to any of its rights hereunder) to terminate this agreement if.
(a) The Customer commits or permits any breach of the terms of this Agreement
(b) The Customer commits an act of bankruptcy allows a receiver of its assets to be appointed, enters into compulsory or voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) makes any arrangement with its creditors or allows distress to be levied or threatened upon a Container or any other property of NWD on the Premises.
12.2 The Customer shall have the right forthwith (and without prejudice to any rights hereunder) to terminate this Agreement if NWD commits or permits any breach of the terms in this Agreement.
12.3 Subject to Clause 12.1 and 12.2 this Agreement shall commence on the date hereof and shall continue for a minimum period of 12 months and thereafter on a monthly basis until terminated by either party giving to the other not less than 60 days notice in writing to expire at the end of the month.
12.4 Any notice required to be given pursuant to Clause 12.3 of this Agreement shall be deemed to be served if sent by ordinary first class recorded delivery or registered post to NWD or the Customer’s respective address specified on Page 1 of this Agreement.