Definitions
1.1 In these terms and conditions the following words have the following meanings: –
1.1.1 “The Supplier”: the Supplier shall be Soilutions Ltd, Soilutions.
1.1.2 “The Purchaser and or Client”: the person or persons or firm or Supplier who issues the instruction to purchase goods or services from the Supplier via a purchase order, offer letter, email or any other form of commitment. For the purposes of these terms and conditions such expression shall be deemed to include the employees, agents, project managers or consultants of such Persons(s) or Supplier.
1.1.3 “The Sub-Contractor”: the person or persons or firm or Supplier who offers goods or services to the Supplier via a purchase order, offer letter, email or any other form of commitment. For the purposes of these terms and conditions such expression shall be deemed to include the employees, agents, project managers or consultants of such Persons(s) or Supplier.
1.1.4 “The Purchase Order”: a document, including any subsequent amendments and/or variations, generated by the purchaser confirming the client’s commitment to purchase from the Supplier goods or services as described in the Suppliers Tender Document, contract or other descriptive document. Should a verbal order be given, without any subsequent written confirmation, the purchase order shall be the Suppliers written confirmations, emails, facsimiles or invoices confirming the purchaser’s verbal commitment to purchase goods or services.
1.1.5 “The Services”: shall be the supply of any services or goods, such as provision of works, disposal facilities, components, assemblies, fabrications, chemicals, fittings, hardware, software or any documentation, drawings, specifications, designs and the like, by Soilutions or any of its subcontractors performed in connection with the execution of the Purchase Order or described in the Tender Document.
1.1.6 “The Contract”: shall mean any agreement between the Purchaser or Sub-Contractor and the Supplier whereby the Supplier is or has requested verbally or in writing, email, facsimile or by any other reasonable means to supply or provide services or goods to the purchaser and/or the Supplier by act or by written or any other reasonable means or by implication agrees to comply with the Purchasers or Supplier request. The contract documents shall be these conditions, the documents listed or referred to therein, together with any pre-contract correspondence. Unless otherwise specifically agreed in writing these terms and conditions will apply. Any other written or verbal terms and conditions or variations included in or added to the Purchasers or Suppliers purchase order will not supersede or override these terms and conditions unless specific written agreements has been made to the contrary.
1.1.7 “The Tender Document”: any document issued by Soilutions which is headed Tender, Proposal, Quotation, or which by self evidence is an offer to provide services and/or goods. Any specific restrictions/limits of tender, exclusions and other technical or commercial conditions, including payment terms, included in the Tender Document will form part of the contract and, where there is any conflict with any general conditions included within these standard terms and conditions and the tender wording the tender will take precedence.
1.1.8 “Environmental Laws”: all or any Laws relating to the pollution or protection of the environment or harm to or the protection of human health and safety or the health of animals and plants from time to time in force including but not limited to the Environmental Protection Act 1990, the Waste Management Regulations 1994, the Environment Act 1995, the Hazardous Waste Regulations 2005 and the Waste Management: the Duty of Care Code of Practice.
1.1.9 “Hazardous Waste”: any Hazardous Waste as defined by the Hazardous Waste Regulations 2005.
1.1.10 “Landfill Tax”: has the meaning given in section 39(1) of the Finance Act 1996.
1.1.11 “Laws”: all or any applicable law (whether criminal, civil or administrative), common law, judgment, court order, statue, statutory instrument, regulation, directive, European Union decision (insofar as legally binding), bye laws, treaty, government circular, code of practice and guidance notes; or instruction or decision of any competent regulatory body.
1.1.12 “Person”: any individual, firm, company, incorporated association, partnership, government, state, or agency of state, or joint venture.
1.1.13 “Site”: any land or premises made available by the Purchaser for the provision of the Services.
1.1.14 “Material”: Soil or liquid.
1.1.15 “Waste”: such Commercial Waste, Industrial Waste, Contaminated Land Waste, and Hazardous Waste (as the case may be) as the Supplier is permitted to receive and remediate, recycle or dispose of by way of Landfill from time to time in accordance with any waste management licence in force from time to time in relation to any Site.
1.2 Words imparting the singular include the plural and vice versa.
1.3 References to any statute or statutory provisions will, unless the context otherwise requires, be construed as including references to any earlier statute or the corresponding provisions of any earlier statute, whether repealed or not, directly or indirectly amended, consolidated, extended or replaced by such statute or provisions, or re-enacted in such statute or provisions, and to any subsequent statute or the corresponding provisions of any subsequent statute directly or indirectly amending, consolidating, extending, replacing or re-enacting the same, and will include any orders, regulations, instruments or other subordinate legislation made under the relevant statute or statutory provisions.
Formation and Incorporation of Contract Works
2.1 Subject to any variation under condition 2.4, the Contract will be on the terms and conditions set out herein to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser or Sub-Contractor purports to apply under any purchase order, confirmation of order or similar document).
2.2 Each order for Services by the Purchaser shall be deemed to be an offer by the Purchaser to purchase the Services from the Supplier subject to these terms and conditions.
2.3 Each offer of Services by Sub-Contractors shall be deemed to be an offer by the Sub-Contractor to supply Services or Goods subject to these terms and conditions.
2.4 No terms or conditions endorsed upon, delivered with or contained in the Purchaser’s purchase order, confirmation of order or similar document will form part of the Contract simply as a result of a reference to such document being referred to in the Contract.
2.5 Any variation to these terms and conditions and any representations (other than those set out in these terms and conditions) about the Services shall have no effect unless expressly agreed in writing and signed by a director or duly authorised representative of the Supplier.
2.6 Entry onto a Site, delivery or attempted delivery of Goods or Services to a site by the Supplier, based upon any correspondence to supply shall be and be deemed to be conclusive evidence of the Purchaser’s acceptance of these terms and conditions.
2.7 Any quotation is given on the basis that no Contract in respect thereof will come into existence until the Supplier despatches an acknowledgment of order to the Purchaser. Any quotation is valid for a period of 30 days only from its date provided the Supplier has not previously withdrawn it.
2.8 The Contract prepared by Soilutions is based on the information made available by the Purchaser about the nature and composition of the material and liquid, as well as about the nature and degree of its contamination. The information supplied by the Purchaser is nonetheless in no way whatsoever binding on Soilutions and in consequence has only an informative value for the preparation of the initial offer by Soilutions Ltd.
2.9 It is only possible to determine the ultimate price of the Contract and the processing of the contaminated material or liquids on the basis of the results of the examination and analysis of the submitted material or liquids carried out on the instructions of Soilutions Ltd as specified below. The offer made by Soilutions Ltd is consequently only provisional in nature. Acceptance or signing by the Purchaser is not binding on Soilutions Ltd and a binding agreement comes only into being after the acceptance of the nature of material for treatment by Soilutions Ltd or unless specific written agreements have been made to the contrary.
2.10 Soilutions Ltd can only be held to have agreed the nature of material or liquid for treatment, submitted by the Purchaser, when the material is after inspection that is after the testing and analysis of the composition of the degree of contamination, found to be in compliance, without prejudice to that informed to the Supplier by the Purchaser. Such Contract agreement will be withheld for any material whereof the composition and contamination is found by Soilutions Ltd to be so divergent from the information supplied by the Purchaser that it must be classed in a category other than that indicated by supplying party.
2.11 Soilutions Ltd will proceed to the inspection and sampling of the material after the award of Contract to confirm its matrix, contamination levels and nature. Purchasers who wish to be present during the inspection and sampling must inform Soilutions Ltd of this in advance and in writing. The inspection and analysis of the samples will be carried out by a laboratory appointed to this end by Soilutions Ltd.
2.12 As long as the results of the inspection and analysis are unknown Soilutions Ltd accepts no liability whatsoever in respect of the material, nor does it accept any liability in respect of the quality, composition, degree of contamination, or volume of the consignment, or in respect of any asserted change in these parameters. The Purchaser waives all possible claims on Soilutions Ltd whatsoever in this respect.
2.13 If after inspection and analysis it should appear that a consignment of soil does not conform to that regarding composition and degree of pollution indicated by the Purchaser, the Contract may not be accepted by Soilutions Ltd and shall be accepted only subject to the conditions further specified by Soilutions Ltd, without in any way prejudicing the provisions of this article. Should this case arise the other party will be informed in writing of the reason for withholding Contract acceptance.
2.14 Whatever the case Soilutions reserves the right to refuse to accept the Contract terms should it appear that the specifications given by the Purchaser diverge to such an extent that the proposed treatment cannot be carried out. Should the case arise and should the Purchaser so request and agree to pay for the same, Soilutions Ltd will give an opinion about an alternative treatment for the material.
2.15 Should Purchaser have any objections to the inspection and the analysis carried out by Soilutions Ltd, these must be communicated by written registered letter within a period of 7 days of the notice of the approval or rejection of the Contract terms. After the expiry of this period the results of the inspection and analysis carried out by Soilutions Ltd will be held to have been accepted by Purchaser without dispute.
2.16 Soilutions Ltd retains at all times the right to amend its treatment conditions should the authorities introduce changes in required obligations, standards and permits, and environmental taxes as well as in the event of the acquisition of new insights in the safe and adequate handling of contaminated materials.
2.17 Any loss that might ensue by reason of concentrations of contamination, agreed volume, physical composition or unanticipated contamination or objects in the material, that vary from that originally supplied by the Purchaser is for the account of the Purchaser.
2.18 Any dates specified by the Supplier for provision of the Services are approximate only and may not be made of the essence by notice. If no dates are so specified, provision of the Services will be within a reasonable time.
2.19 Subject to the other provisions of these terms and conditions, the Supplier will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the provision of the Services (even if caused by the Supplier’s negligence).
2.20 The Purchaser warrants that it will have the true and unencumbered right to authorise and allow the Supplier to provide the Services in respect of the Contract.
Price and Payment
3.1 The price of the Goods or Services and the terms of payment, shall be as stated in the Tender or Purchase Order documents, with any agreed adjustments being allowed for discounts or agreed changes in scope of the goods and/or works being supplied by the Supplier and shall be the total compensation payable to the Supplier under the Contract.
3.2 The price for the Services is exclusive of any Value Added Tax, Landfill Tax, or any other applicable tax which the Purchaser shall pay in addition when it is due to pay for the Services unless otherwise stated in the Supplier’s quotation. In the event of any tax, duty or levy being imposed on, or any existing tax, duty or levy being increased, in respect of the management of the Contract (or any category thereof) then the Purchaser shall bear such tax, duty or levy (or increase thereof) in its entirety.
3.3 The Supplier reserves the right to with-hold delivery of the Goods or Services, either in part or in total if the purchaser has not paid the supplier due compensation in accordance with the terms of payment in the tender document or as otherwise agreed. The terms of payment in the tender document shall take precedence. In the absence of such specific terms, or other terms agreed between the supplier and purchaser, the following standard terms shall apply;
3.3.1 Payment of amounts invoiced by the Supplier shall be made 7 days from date of invoice.
3.3.2 Payments of amounts invoiced by Sub-Contractors shall be made 45 days from date of invoice.
3.3.3 The supplier may submit invoices for work that has not been fully completed on a stage payment basis.
3.4 In the event of a dispute in respect of the amount to be paid by the Purchaser, the Supplier’s records shall in the absence of manifest error, be conclusive and binding on the Purchaser.
3.5 In the event that the Supplier agrees to accept a Contract which does not comply with the information as notified by the Purchaser, the Supplier shall be entitled (but not obliged) to adjust the price in respect of the Contract to accord with the Supplier’s then current rate in respect of the correct information applicable to such Contract works.
3.6 No payment shall be deemed to have been received until the Supplier has received cleared funds.
3.7 All payments payable to the Supplier under the Contract shall become due immediately upon termination of the Contract despite any other provision.
3.8 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim or otherwise unless the Purchaser has a valid Court order requiring an amount equal to such deduction to be paid by the Supplier to the Purchaser.
3.9 If the Purchaser fails to make any payment under the Contract on the due date then (without prejudice to its other rights and remedies) the Supplier may charge the Purchaser interest (both before and after judgment) on the amount unpaid at the annual rate of 4% above Bank of Scotland’s base rate from time to time from the due date until payment is made in full. A part of a month shall be treated as being a full month for the purpose of calculating interest.
3.10 Time for payment shall be of the essence.
Supplier’s Obligations
4.1 The Supplier undertakes that any delivery of Goods or Services at any Site by the Supplier will be carried out in accordance with the provisions of the Supplier’s waste management or mobile treatment licence in force. The Purchaser acknowledges and agrees that in order for the Supplier to comply with its obligations under its licences the Supplier relies on the information provided by the Purchaser in accordance with the classification and description of the material be treated, recycled or disposed of by way of licensed facility.
4.2 The Supplier shall provide appropriate information to enable treatment or disposal thereof, of material at a licensed facility, to be verified for payment purposes.
Purchaser’s Obligations
5.1 The Purchaser shall, at all times and in all respects comply with Environmental Laws and its obligations in respect thereof in relation to the Suppliers provision of Goods and Services.
5.2 Whilst the Purchaser is on a Site it shall, at all times and in all respects, observe safe working practices and comply with all reasonable directions of the Supplier, all Site regulations and Supplier Health and Safety policies, procedures and practices from time to time in place. In particular (but without prejudice to the generality of the foregoing) the Purchaser shall observe the Supplier’s Conditions of Site Use.
Sub-Contractors Obligations
6.1 The Sub-Contractor undertakes that any delivery of Goods or Services at any Site managed by the Supplier will be carried out in accordance with the provisions of the Supplier’s waste management or mobile treatment licence in force. The Sub-Contractor acknowledges and agrees that in order for the Supplier to comply with its obligations under its licences the Supplier relies on the information provided by the Sub-Contractor in accordance with the description, methodology, risk assessment or any other information as to the provision of Goods or Services.
6.2 The Sub-Contractor shall provide appropriate information as requested by the Supplier to enable the safe delivery of their Goods or Services in accordance with the latest Health and Safety legislation.
Force majeure
7.1 The Supplier shall not be liable to the Purchaser in any manner nor be deemed to be in breach of the Contract because of any delay in performing or any failure to perform any of the Supplier’s obligations under this Contract if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
7.2 Without prejudice to the generality of condition the following shall be included as causes beyond the Supplier’s reasonable control:
7.2.1 Governmental actions (including, but not limited to, the Environment Agency) war or threat of war, national emergency, riot, civil disturbance, sabotage or requisition.
7.2.2 Act of God, fire, explosion, flood, epidemic or accident;
7.2.3 Weather conditions making a Site inaccessible or making it impractical or unsafe to operate a Site (in each case in the opinion of the Supplier);
7.2.4 Import or export regulations or embargoes;
7.2.5 Labour disputes whether or not including disputes involving the Supplier’s workforce; or
7.2.6 Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
Limitation of liability
8.1 The following provisions of this condition set out the entire liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of;
8.1.1 Any branch of the Supplier’s contractual obligations; and
8.1.2 Any representations, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are excluded from the Contract.
8.3 Nothing in these terms and conditions excludes or limits the liability of the Supplier for fraudulent misrepresentation or death or personal injury caused by the Supplier’s negligence.
8.4 The Supplier’s total liability to the Purchaser in respect of any representation, statement or tortious act or omission including negligence or breach of statutory duty (but excluding a negligent breach of the Contract) arising under or in connection with the Contract shall be limited to £500,000.00
8.5 The Supplier’s total liability to the Purchaser for any breach of an express or implied term of the Contract (including a negligent breach of the Contract) shall be limited to the price for the Services which are the subject matter of the Contract; and
8.6 The Supplier shall, notwithstanding any other provision of the Contract, not under any circumstances be liable in contract, tort (including negligence or breach of statutory duty), statute or otherwise for any loss of profit or any indirect or consequential loss or damage of any kind including without limitation, loss of use, loss of contract or any financial or economic loss.
Indemnity
9.1 The Purchaser shall indemnify the Supplier and keep it indemnified in full against all liability, loss, damages, costs and expenses (including legal expenses on an indemnity basis and any necessary expenses arising from remediation works) which the Supplier may suffer or incur as a result of or arising out of or in connection with:-
9.1.1 Any negligence by the Purchaser in connection with the Contract or breach of the Contract by the Purchaser;
9.1.2 Handling, storage and treatment of Contract Material by the Purchaser prior to completion of the Contract at a Site in accordance with the provisions of these terms and conditions;
9.1.3 Any action or omission of the Purchaser resulting in:-
9.1.3.1 Any personal injury to or death of any of the Supplier’s employees, agents or sub-contractors or any third party; or
9.1.3.2 Any damage to or loss of any property of the Supplier, its employees, agents or sub-contractors or any third party;
9.1.3.3 Any claims or actions brought or threatened against the Supplier by any third party (including without limitation, the Scottish Environment Agency or other similar competent body or authority) resulting from or arising out of or in connection with;
9.1.3.4 Any breach of any Contract by the Purchaser; or
9.1.3.5 Any failure by the Purchaser to comply with Laws.
Termination
10.1 The Contract will terminate immediately upon the happening of any one or more of the following events; the Purchaser has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any statute or legislation for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation , or has a receiver , manager , administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any Court for the winding-up of the Purchaser or for the granting of an administration order in respect of the Purchaser or any proceedings are commenced relating to the insolvency or possible insolvency of the Purchaser.
10.2 The Contract will terminate immediately upon service of written notice of termination by the Supplier on the Purchaser on the happening of any one or more of the following;
10.2.1 The Purchaser suffers or allows any execution whether legal or equitable to be levied on his/its property or obtained against him/it;
10.2.2 The Purchaser fails to observe or perform any of his/its obligations or duties under the Contract or any other contract between the Supplier and the Purchaser or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser ceases to trade.
10.2.3 Any changes to Environmental Laws from time to time or any changes (including without limitation variation, suspension or revocation) to any waste management licence (or any other relevant authorisation or consent) of the Supplier from time to time in force result in the Supplier being no longer able to provide the Services pursuant to any Contract.
10.3 The Supplier’s rights and the Purchaser’s obligations (but not the Purchaser’s rights) contained in these conditions shall continue beyond the discharge of the Purchaser’s and the Supplier’s primary obligations under the Contract consequence upon its termination.
10.4 The termination of the Contract howsoever arising shall be without prejudice to the rights and duties of either the Purchaser or the Supplier accrued prior to termination.
General
11.1 Time for performance of all obligations of the Purchaser is of the essence.
11.2 Each right or remedy of the Supplier under the Contract is without prejudice to any other right or remedy of the Supplier whether under the Contract or not.
11.3 Any condition or sub-condition of these terms and conditions which is held by any Court or competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other conditions and sub-conditions of these terms and conditions and the remainder of such condition or sub-condition shall not be affected.
11.4 Failure by the Supplier to enforce or partially enforce any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.5 The Supplier may assign, license or sub-contract all or any part of its rights or obligations under the Contract without the Purchaser’s consent.
11.6 The Contract is personal to the Purchaser who may not assign, license or sub-contract all or any of its rights or obligations under the Contract without the Supplier’s prior written consent.
11.7 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission to the other party at its last known address or facsimile number. Communications shall be deemed to have been received 2 days after posting or hand delivery or, in the case of facsimile transmission, on the next working day.
11.8 The formation, construction, performance, validity and all aspects of the Contract are governed by Scottish law and the parties submit to the exclusive jurisdiction of the Scottish Courts.
Weight Calculation
Where prices are quoted by weight the following provisions apply:
12.1 The weight of each consignment of Contract Waste shall be determined in accordance with the provisions of this Condition 12.
12.2 On arrival at the Site the vehicle containing the consignment of Contract Waste shall be weighed on the Company’s weighbridge. Following the off-loading of the consignment of Contract Waste, the vehicle shall again be weighed on the Company’s weighbridge. Each such weighing shall be under the direction and supervision of the Company’s weighbridge operator (or other authorised representative of the Company).
12.3 The weight for each consignment of Contract Waste shall be the difference between the two weights recorded on the Company’s weighbridge in accordance with Condition 12.2. The weight of such consignment as so calculated shall, in the absence of manifest error, be binding on the Customer and the weighbridge ticket issued by the Company to the Customer shall be conclusive as to the weight of the consignment of Contract Waste off-loaded at the Site.
12.4 If at any time the Company’s weighbridge is not (in the opinion of the Company) working properly or at all, or no weighbridge is available at the waste site, a weight of 19t per 8 wheeled tipper, or an appropriate weight to be agreed with the client for other vehicle types, shall apply.
Description of The Waste
13.1 The Customer shall, at the time of submitting its order for Services, notify the Company as to whether the Waste proposed to be the subject matter of the Contract, is classified as either Commercial Waste, Household Waste, Industrial Waste, Contaminated Land Waste or Hazardous Waste (as the case may be) and provide an accurate description and classification of the quantity and content of the Waste in such form and in such detail as the Company shall require from time to time.
13.2 Forthwith, following the submission of its order, the Customer shall provide to the Company written confirmation of the details notified to the Company in accordance with the foregoing provision of Condition 13.1, together with confirmation that the constituents of the Contract Waste are compatible and stable and will not create any hazard on the mixing of such constituents, and such evidence as the Company shall require that any Contaminated Land Waste qualifies as such within the definition in Condition 1.1. If the Customer does not provide such written confirmation, the Company’s records shall be conclusive as to the classification and description of Waste so notified to the Company and shall be binding upon the Customer.
13.3 The Customer shall ensure that the Contract Waste corresponds at all times and in all respects with the classification as notified to the Company and corresponds at all times and in all material respects with the classification as notified. If the description and/or classification of the Contract Waste changes the Customer must inform the Company in writing as soon as practicable providing the new classification pursuant to Condition 13.1.
13.4 If, in the opinion of the Company, the classification of any consignment of Contract Waste does not or may not comply with the quantity and/or classification and/or description as notified to the Company by the Customer in accordance with the provisions of Condition 13, then the following provisions shall apply:
13.4.1 If the Contract Waste is able to be managed by the Company within the terms of its waste management licence(s) (and/or its applicable PPC Permit) at the material time, the Company shall expressly reserve its right to increase the price
13.4.2 If the Contract Waste is unable to be managed by the Company within the terms of its waste management licence(s) (and/or its applicable PPC Permit) at the material time, the Company shall be expressly entitled to:
(1) reject the consignment of Contract Waste and terminate the Contract; or
(2) suspend performance of the Services until such time as the Contract Waste conforms with the description provided under the provisions of this Condition 5.
13.5 The entire contents of this Condition 13 are without prejudice to the Company’s rights and the Customer’s obligations.
Collection and Delivery
14.1 Unless agreed otherwise, delivery of Contract Waste to the Site shall be the responsibility of the Company.
14.2 Collection of the Contract Waste and, if applicable, delivery of the Recovered Materials, shall take place at the Delivery Point.
14.3 The Customer shall notify the Company when the Contract Waste is available for collection from the Delivery Point. The Carrier has seven (7) days from the date of service of the notification to collect the Contract Waste.
14.4 The Customer shall take delivery of any Recovered Materials within seven (7) days of the Company notifying the Customer that the Recovered Materials are ready for delivery.
14.5 If the Customer fails to take delivery of any Recovered Materials within the time period specified in Condition 14.4:
14.5.1 Risk in the Recovered Materials will immediately pass to the Customer;
14.5.2 The Recovered Materials will be deemed to have been delivered upon the expiry of such time period; and
14.5.3 The Company may store the Recovered Materials until delivery at the Customer’s cost (including but not limited to storage and insurance costs).
14.6 The Company may collect the Contract Waste or deliver any Recovered Materials by such means as the Company determines fit unless otherwise agreed.
14.7 Collection of the Contract Waste or delivery of any Recovered Materials from/to the Delivery Point may be made by the Company at any time of the day.
14.8 Any dates specified by the Company for provision of the Services are approximate only and time for performance of the Services shall not be of the essence and may not be made of the essence by notice. If no dates are so specified, provision of the Services will be within a reasonable time.
14.9 Subject to the other provisions of these terms and conditions, the Company will not be liable for any Loss caused directly or indirectly by any delay in the provision of the Services (even if caused by the Company’s negligence).
14.10 When it is agreed that the Customer shall deliver the Contract Waste to the Site, the following conditions shall apply:
14.10.1 On arrival at the Site the Customer shall report to the Company’s weighbridge operator (or other authorised representative of the Company) and each consignment of Contract Waste shall be weighed in accordance with the provisions of Condition 12. Under no circumstances shall the Customer off-load any consignment of Contract Waste prior to weighing;
14.10.2 The off-loading at the Site of each consignment of Contract Waste shall be the responsibility of the Customer and each consignment shall be off-loaded at the location on the Site specified by the Company. The Customer shall act with all due care and attention in offloading each consignment of Contract Waste, having due regard to safe working practices and to the Company’s reasonable instructions, Site regulations, Site conditions of use and the Company’s health and safety policies, procedures and practices from time to time in place.
14.11 If the Customer fails to make available to the Company or the Company’s weighbridge operator (or other authorised representative of the Company) any instructions, documents, licences, permits or authorisations required by the Company in respect of each consignment of Contract Waste to enable the Services to be provided (including but not limited to waste transfer notes and/or consignment notes) the Company shall be entitled to reject such consignment.
