Trading Terms and Conditions of Use
Prices quoted are based on the information provided by the customer at the time of booking with regards to type of waste, location, quantity, parking arrangements, site access and include disposal / recycling / re-use of non-hazardous waste as well as fridges / freezers or TVs and monitors where applicable up to the quantities as advised by the customer at the time of booking.
Please call our team on 0845 023 0338 for further information, if you wish to discuss the collection and disposal of hazardous waste or other waste types, such as tyres, plasterboard, mattresses etc.
In these conditions:-
“The provider” means Feedback Atency Ltd.
“The supplier” means, where the context so permits, the provider or the provider’s duly authorised agent or sub-contractors
“The customer” means the person or company requesting a service by the provider
“The service” means the supply of transport, labour and disposal or recycling services as applicable by the provider, its employees, servants, agents or sub-contractors
“vehicle” means the vehicle, in which the waste is collected
“driver” means the driver of the vehicle
“The site” means the place where the waste is to be removed from.
“Working day” shall mean Monday to Friday in any week, excluding Public Holidays.
“Force Majeure” means any circumstances beyond the reasonable control of either the provider or the supplier (including, without limitation thereto any strike, lockout or other form of Industrial Action, technical issues with web site, software and/or hardware, accident, inclement weather, difficulties in obtaining fuel, parts or machinery, power failure or breakdown or malfunction of machinery or computers).
1. These conditions shall apply to all contracts for the supply of the service by the provider to the exclusion of all other terms and conditions and shall apply where the context so permits for the benefit of the supplier and the employees, agents and subcontractors of the provider and the supplier as if they had been parties hereto.
2. Any typographical, clerical or other error or omission in any sales literature, quotation or price list, acceptance of offer, invoice, web site or other document or information issued by the provider shall be subject to correction without any liability on the part of the provider.
3. Any reference in these Conditions to a statute or regulation or provision thereof shall be construed as a reference to that statute, regulation or provision as amended enacted or extended at the relevant time.
4. All requests for the service shall be deemed to be an offer by the customer to purchase the service pursuant to these conditions. The customer agrees that they will rely wholly on their own skill and judgement in the selection of the service and will not treat any information supplied to them by the provider as a representation, warranty or guarantee in any manner whatsoever.
5. No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of the provider and the customer.
6. a) The provider will use its best endeavours to comply with the customer’s requirements but can accept no responsibility for failure to supply or any delay in supplying a service which may be caused directly or indirectly by any circumstances beyond the provider’s control or any unforeseen or abnormal conditions or by any act or neglect on the part of the customer and time shall not be of the essence of the contract save as to payment by the customer for the service. The provision of the service may be wholly or partially suspended at the provider’s discretion without liability on the part of the provider for any loss resulting from any suspension.
b) The provider will use its best endeavours to comply with the customer’s requirements and complete clearance requests as follows:
For the Feedback Local service, the supplier will endeavour to carry out services within 3 – 7 days of receipt of the order from the customer. Services will unless otherwise agreed be carried out Mondays to Fridays, excluding public holidays.
For Rapid 24 services, the supplier will endeavour to carry out services within 24hours of receipt of the order from the customer, where orders have been received between 8am and 5pm on a working day. Where orders are placed on a weekend, these will be deemed to have been received on 8am the next working day. Services will therefore be carried out Mondays to Saturdays, excluding public holidays.
For Rapid 48 services, the supplier will endeavour to carry out services within 48hours of receipt of the order from the customer, where orders have been received between 8am and 5pm on a working day. Where orders are placed on a Friday, the supplier will endeavour to carry out services on the following Saturday or the next working day.
Where orders are placed on a weekend, these will be deemed to have been received on 8am the next working day. Services will therefore be carried out Mondays to Saturdays, excluding public holidays.
7. a) The customer agrees in all cases:-
i) To provide and adequately maintain necessary site access for the purpose of service delivery.
ii) Promptly on the arrival of the vehicle to provide any necessary directions and suitable access.
iii) To rely on their own skill and judgement and to satisfy themselves as to the suitability of all access paths, walkways, roads, tracks or ground for the purposes of service delivery and waste collection and to notify the provider at the times of ordering the service of any special requirements
iv) To ensure that an authorised person is present at the time of service delivery to sign an acknowledgement of service provision and appropriate collection notes and that authority is signed on service delivery by such authorised person and not otherwise and the customer agrees that any collection note signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of the customer.
b) The customer shall save harmless and keep the provider indemnified against any claim demand or penalty arising through the provision of the service and which could not been made had the provider not agreed to provide the service including but not limited to all third parties claims for damages arising out of any accident related to any services provided subject of this contract.
8. a) The price for the provision of the service shall be such sum as shall from time to time be agreed between the parties and in default of agreement shall be a quantum meruit and unless otherwise agreed shall be exclusive of VAT which shall be payable by the customer. Payment of the provision of the service shall be made in full by the customer to the provider prior to the delivery by the provider of any services.
b) Prices quoted are based on the information provided by the customer at the time of booking with regards to type of waste, location, quantity, parking arrangements, site access and include disposal / recycling / re-use of non-hazardous waste as well as fridges / freezers or TVs and monitors where applicable up to the quantities as advised by the customer at the time of booking.
c) Any variation in type of waste, location, quantity, parking arrangements, site access or amount of waste may result in additional charges. The customer agrees that they will pay the provider’s reasonable charges for the collection.
d) The provider reserves the right to grant, refuse, withdraw, restrict, alter or cancel credit terms at its discretion. Where the service is to be supplied over a period of time each instalment thereof shall be treated as a separate contract and failure by the provider to provide any one or more instalments of the service in accordance with these conditions or any claim by the customer in respect of any one or more instalments, shall not entitle the customer to treat the contract as a whole as repudiated.
e) If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the provider, the provider shall be entitled:-
i) to cancel the contract or suspend any further services
ii) to appropriate any payment made by the customer to such of the services (or the services supplied under any other contract between the provider and the customer) as the provider may think fit notwithstanding any purported appropriation by the customer: and
iii) to charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of ten per cent per annum until payment in full is made (a part of a month being treated as a full month for these purposes).
9. The customer shall when so required to do by the driver direct the driver where to park the vehicle for loading and ensure access to the waste to be removed is available to the driver
10. a) Where the provider or the driver are requested or directed to access the customers site from a location which is off a public highway or where access to the site otherwise involves the passage of the vehicle over gratings, drains, roads, pavements, forecourts, yards, asphalt areas or any like areas the provider shall be under no liability whatsoever to the customer for any damage howsoever caused whilst the vehicle is off the highway other than as shall be caused by negligent driving on the part of the driver, without prejudice to the generality of condition 7.
b) If the provider is prevented for any reason beyond its control from service delivery, the customer shall remain liable for payment of the provider’s charges together with such additional sums, as the provider shall reasonably so require for the further provision of the service.
c) The customer shall subject as above save harmless and keep the provider indemnified against any claim or demand which could not have been made had the driver not been so requested or directed. The customer will in addition compensate the provider for any damage to the vehicle, which would not have occurred had the driver not been so requested or directed and which is not due to any negligence on the part of the driver
11. The time allowed for gaining access to the waste to be removed from site is 10 minutes. If the driver is kept waiting longer than this after arrival the customer shall be liable for reasonable demurrage or waiting time charges.
12. The customer shall ensure that the customer signs a single or multiple consignment transfer note / Duty of Care Advice Note declaring the waste type and that all waste is accurately described when completing the relevant documentation
13. a) The provider will remove non hazardous waste types as well as fridges, freezes, TVs & monitors up to the quantity (by weight or volume limit, whichever is reached first) and conforming to the description as provided by the customer at the time of booking.
b) No waste type other than the agreed waste type shall be removed by the provider
c) Should the provider agree to remove additional waste (by weight, volume) or waste types that differ from the original waste description, the customer agrees that they will pay the provider’s reasonable charges for the removal of this waste.
d) Unless otherwise agreed, the provider will not remove liquids, explosive, toxic or dangerous materials including but not limited to fibrous asbestos, solvent, minerals or greases
e) ownership of the materials collected shall pass to the supplier on removal, unless otherwise agreed in writing
14. The customer agrees to pay to the provider the sum of any parking fines or charges incurred by the provider as a direct result of the service provision within 7 days of receipt of an appropriate invoice from the provider
15. The customer agrees that they will pay the provider’s reasonable charges of dealing with any waste materials collected which do not comply with the terms of the contract.
Where the customer does not have a previously agreed credit account, the customer agrees that payment may be charged to the credit or debit card which was used to pay for the initial service. The customer agrees that said credit or debit card details may be retained for this purpose.
16. Where the service is provided under a consumer transaction as defined by the Consumer Transactions (Restriction on Statements) Order 1976, the statutory rights of the customer are not affected by these conditions.
17. It is specifically provided and agreed that any compensation and/or damages payment in respect of any claim or claims arising out of or in connection with the terms of this contract for any reason whatsoever and howsoever arising shall not amount in the aggregate to more that the cost of the provision of the service by the provider or that part of the service giving rise to such claim and the provider and any other person entitled to the benefit of this contract shall have no further liability to the customer. Except in respect of death or personal injury caused by the negligence of the provider or any other person entitled to the benefit of the contract the provider or such party shall not be liable to the customer by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract, for any consequential loss or damage (whether for loss of profit or otherwise) cost, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the provider or any other party entitled to the benefit of this contract, their employees or agents or otherwise) which arise out of or in connection with the supply of the service, except as expressly provided in these Conditions.
18. The provider shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the provider or supplier’s obligations in relation to the service, if the delay or failure was due to force majeure
19. Any complaint in relation to any part of the service must be received in writing within 14 days of the service being undertaken.
20. Insolvency of customer
a) This clause applies if
i) The customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or
(being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or:
ii) An encumbrancer takes possession, or a receiver is appointed, to any of the property or assets of the customer, or:-
iii) The customer ceases, or threatens to cease to carry on business, or:-
iv) The provider reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
b) If this clause applies then without prejudice to any other right or remedy available to the provider, the provider shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the services have been provided but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
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