Brunel Recycling Ltd – tipper and Grab Terms and Conditions

1. General
1.1 These conditions apply to all agreements for the supple of services by Brunel Recycling Ltd (BRL). No addition or modifications to or terms inconsistent with these conditions shall be binding upon BRL unless specifically agreed in writing by BRL.
1.2 BRL may require a credit application from the Customer and in processing the credit application the Customer consents that BRL may make enquiries of credit reference agencies or other sources, who may keep a record of BRL enquiry and that BRL may use any information obtained for the purposes of risk assessment, fraud prevention and for occasional debt tracing.
1.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
1.4 BRL shall strive to ensure that the services as stated in the Customers quotation are executed to the best of its ability.
1.5 BRL shall not incur any further obligation or liability in connection with this service.

2. Duration
2.1 the agreement shall commence on the Commencement Date and shall continue unless terminated in accordance with this agreement.
2.2 The service shall commence with effect from the date agreed between the parties.

3. Payment Terms
3.1 The charge will be calculated as stated on the Customers quotation. The amounts stated on the quotation are exclusive of VAT and the Customer shall pay all sums due in respect of VAT in accordance with the invoice for the Service. BRL will ensure that each invoice for the Service contains adequate details of the VAT charged.
3.2 Unless otherwise agreed in writing, full payment is required prior to BRL providing the Service.
3.3 You undertake that all details you provide to us for the purpose of purchasing materials or hiring any vehicle or piece of equipment which may be offered will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation or your credit or debit card details before providing you with any Service.
3.4 The Customer shall not be entitled to dispute any payment made. The Customer agrees that BRL records will be proof of Service provided.

4. Price
4.1 BRL shall have the right to increase the Charge at any time to take account of any variations in BRL costs including (but not limited to) variation in wages, disposal costs, administration costs, cost of materials and equipment, fuel costs, taxes, duties and cost of compliance with Relevant Legislation. BRL shall

endeavour to give the Customer not less than one calendar months’ notice of any variations of the Charge under this Clause, but not withstanding this the Customer shall be liable.

5. Material Delivery, Access, Unloading and Return
5.1 the Material shall be delivered to the Site in the quantity and vehicle specified on the quotation.
5.2 The Customer shall provide suitable access to the Site, a suitable area for the siting and the Vehicle and suitable facilities for turning the Vehicle around.
5.3 The driver of the Vehicle may in his absolute discretion refuse collection/delivery if he/she believes that access to the Site or turning facilities are unsafe or likely to cause damage to the Vehicle or if there is any reason to believe that the proposed area for siting the material or Vehicle is unsuitable. In case of a wasted journey cost of the full amount stated in the quotation for services will be charged and no monies will be refunded.
5.4 The Customer shall be responsible for the safety of any person (including the employees and agents of BRL) whilst on or about site.
5.5 BRL will endeavour to ensure that delivery/collection dates are met. Due to the nature of this Service, no delivery times can be guaranteed. Delivery/collection times are between 0700 and 1700.
5.6 BRL shall not be liable for any consequential losses, expenses, liabilities, claims or proceedings howsoever caused by, or arising out of the late delivery/collection, non-delivery, non-collection or unsuitability of the Material, Vehicle or Equipment.
5.7 BRL shall indemnify the Customer to any loss or damage to the Customers property due to the negligence by an operative. BRL shall not however be liable under this clause, of the Customer is in breach of any of the obligation as detailed in clause 16.
5.8 BRL will delivery/collect material in an 8-wheel tipper or 8-wheel grab lorry, which will be confirmed in the Customer quotation. It is the customers responsibility to ensure there is sufficient access. If there is not sufficient access a wasted journey cost will be charged as explained in clause 5.3.
5.9 BRL will wait 10 minutes to carry out the service specified in the quotation, any time after this will be charged at £30.00 per additional ½ hour.

6. Performance
6.1 Without prejudice BRL shall have no liability for any delay or default in the provision of the Service caused directly or indirectly by breakdown or unavailability of Material, Vehicles or Equipment or inability to obtain labour or any other causes beyond BRL’s reasonable control.

7. Risk
7.1 Risk of any loss or damage to any Vehicle shall pass to and remain with the Customer for the time when the Vehicle first arrives at the Site, except where the loss or damage arises from the negligence or wilful default of BRL, its employees, agents or sub-contractors.

8. Emptying and Removal
8.1 All materials deposited by BRL Vehicles shall become the property of the Customer from the time BRL unloads/tips the material.
8.2 All material collected in BRL Vehicles shall become the property of BRL, unless otherwise agreed in writing, from the time that the material is loaded into the BRL Vehicle provided that this clause shall not absolve the Customer from any liability or responsibility in relation to the Waste, see clause 10.

9. Grab Operating Times
9.1 The total time of 1 hour is allocated and included in the price for muck away and material delivery. Any additional time will be charged at £60.00 per hour.

9.2 BRL reserves the right to obtain payment before continuing any further work outside of the allocated 1 hour.

10. Waste
10.1 BRL will be entitled to refuse to deal with any material:
10.1.1 which it has reason to believe is toxic, poisonous, explosive, inflammable or otherwise dangerous or Hazardous; or
10.1.2 the handling of which may cause BRL to incur civil or criminal liability; or
10.1.3 which it has reason to believe is or may be Special Waste; or
10.1.4 the disposal of which might involve BRL in additional expense or an unreasonable amount of extra Work; or
10.1.5 is different to that specified on the Customer quotation

11. Liabilities of The Customer
11.1 The Customer shall indemnify and hold BRL harmless against any injury, demands, actions, costs, charges, expenses, loss damage or liability to any persons or property arising from;
11.1.1 any act omission or negligence of the Customer its agents or employees; or
11.1.2 the provision of Service
11.2 If the Customer requests that the Material be placed in a position which requires the Vehicle to leave the public highway the Customer shall indemnify and hold BRL harmless against any loss, costs, claims, damages or expenses which BRL may thereby incur whether as a result of damage to the Vehicle, loss of Material, the property of the Customer or a third party including damage to the road margin or pavements.
11.3 The Customer shall maintain insurance cover in the respect of this indemnity and shall at the request of BRL provide a copy of the insurance policy as proof of maintaining such cover.

12. Amendment
12.1 BRL reserves the right to amend this agreement as it considers necessary to comply with statutory requirements from time to time or any change in legislation governing the collection transport and disposal of Waste and will notify any such amendment to the Customer as soon as practicable.

13. Notices
13.1 Any proposal acceptance agreement authority permission or notice referred to in this agreement shall be in writing and given to the party for whom it is intended at the address for that party as set out in this agreement , or such address as is notified to the other party for the purpose and given by post or e-mail and shall be deemed to have been received two Working Days after the date of posting or one Working Day after the date of e-mail as the case may be.

14. Governing Law
14.1 This agreement shall be governed by and construed in accordance with the Laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
14.2 Any reference to any Act of Parliament Regulation or Order shall include any re-enactment, amendment, replacement or modification thereof.

15. Forbearance
15.1 No time indulgence or relaxation on the part of BRL shown or granted in respect of any of the provisions of this agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of BRL under this agreement or operate as or be a waiver of any breach by the Customer.

16. Customer Obligations
16.1 The Customers agrees to the Terms and Conditions and shall pay BRL the charges specified in the quotation and/or additional charges for the grab operating times as explained in clause 9.
16.2 The Customer or representative must be present for the service BRL is providing.
16.3 The Customer shall not cause BRL to carry, store or dispose of any Material other than stated in the quotation.
16.4 the Customer will provide suitable access and surface area for the purpose of this service (depending on the type of service, additional protection may be required as fully loaded vehicles can weigh up to 32 tonnes).
16.5 The Vehicle is invited off the highways onto private property at the Customers own risk.
16.6 the Customer agrees to pay additional charges of £30.00 per ½ hour for unreasonable delay in delivery/collection caused by the Customer or agent (unreasonable delay time, excess of 10 minutes).
16.7 The Customer shall notify BRL within 48 hours, of the Service, details of any complaints or damage caused in writing. Should the Customer fail to notify BRL within the stated time period BRL shall have no liability whatsoever.
16.8 The Customer agrees to pay BRL a wasted journey cost of the full amount for the services stated in the quotation. Cancellations where payment was made by credit/debit cards will still incur an administration charge of £60.00 if notified within the time scale of clause 16.9.
16.9 The Customer shall give BRL 48 hours’ notice in a change of the service required or cancellation. Failure to do so will result in a wasted journey charge and/or stand down charge of the full amount quoted and no monies being refunded as stated in clause 5.3.