RUBBISH COLLECTORS LTD company registration number 12072735, VAT Registration number 354241811 and Registered as Carrier, Broker, Dealer - Upper Tier with the Waste Carriers Licence Registration CBDU297615 registered office at Unit 3 Highpoint Business Village, Ashford, England, TN24 8DH. We provide rubbish clearance service.
The terms & conditions of each service are set out below
1. BASIS OF SALE
1. These Terms and Conditions set out the whole agreement between you and us for the supply of our rubbish clearance.
2. Our quotation is based on volume and weight limits – whichever is reached first. Volume unit - cubic yard, weight unit - kg.
3. If we provide a quotation for clearance then a contract shall be created between us on your acceptance of our quote, whether by telephone, email or online. We reserve the right to vary our quoted price if at the time of the clearance the information you provided to us at the time of quotation was incomplete or inaccurate.
2. PROVISION OF SERVICES
1. Unless prevented by a Force Majeure Event, we will provide our service with reasonable care and skill.
2. We will endeavour to undertake the clearance on the date and at any time agreed but there may be delays due to circumstances beyond our control. In this case, we will inform you and, if necessary, arrange a revised date as soon as reasonably possible. Where we provide you with an estimated time of arrival this should not be construed as offering any form of guarantee as to the time upon which we will attend to perform the clearance.
3. You agree to provide our clearance crews with free and safe access to the premises from where the rubbish is to be removed. You shall notify us of any special circumstances which may be relevant to our quotation, including any access issues, if any items are large or heavy, if the clearance would necessitate working at height, if the rubbish is secured, if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park free of charge. If you do not notify us of such special circumstances, or provide us with incomplete or inaccurate information or instructions, we may either make an additional charge to cover any extra work or costs that are required or, if we are unable to undertake the clearance, charge a Wasted Journey Fee in accordance with section 4, clause 2 below.
4. You confirm that you have the full authority for us to collect and dispose of the rubbish. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of you not having the authority for us to clear the rubbish.
5. Be present or represented throughout the collection of rubbish and take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. In the event that we attend the premises in your absence you undertake to provide us with the reliable means to contact you and take payment prior to the collection proceeding. Failure to do so may result in the collection failing in which circumstances Rubbish Collectors Ltd is not to be held liable for any loss or damage howsoever incurred.
6. If we detect or suspect there may be any asbestos or other hazardous or dangerous substances or materials on site we may vacate the premises, and will not be responsible for further clearance and disposal. In such event, you shall still be fully liable to pay for our attendance and for any waste already removed. If we need to appoint an expert to remove such materials already loaded onto our vans, we reserve the right to charge you, if at the time of removal we were unaware of any asbestos or other hazardous or dangerous substances or materials contained in any items or materials removed.
7. Any sharp or dangerous objects like knives and broken glass should be separately stored in an appropriate container by you before we arrive for the clearance. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our clearance crews.
3. PRICE AND PAYMENT
1. Payment must be made at the point of acceptance of the quote by on-line payment ( debit / credit card / Paypal), payment over the phone or bank transfer.
2. You may not withhold any part of the agreed price.
3. In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
4. If the overdue amount remains unpaid we reserve the right to pass it to the debt collection agency to recover the amount owed. All additional debt recovery costs will be added to the amount owed for the settlement.
4.CANCELLATIONS, WASTED JOURNEYS AND CHARGES
1. If you are contracting as a "consumer", in accordance with the Consumer Contracts (Information's, Cancellation and Additional Charges) Regulations 2013, you may cancel your clearance at any time within 14 days of booking provided we have not started to provide the service. To exercise the statutory right of cancellation, you must provide us with written notice. A cancellation fee will equate to the call-out charge of the booked clearance service. The refund will be processed to the original payment account within 48 hours of the request.
2. If having arrived at site, we are unable to complete the clearance because of an act or omission by you (eg. we cannot gain access to the waste; or you cancel the service despite the collection size being the same as booked), you shall still be fully liable to pay for our attendance and for any waste already removed.
3. If we are unable to remove any items from the premises because, for example, they are too large to fit through the doorways, we may agree (at our discretion) to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway. If we are still unable to remove the item from the premises, we shall not be responsible for the reassembly of such an item.
4. Our basic rates include an amount of time (according to the size of the collection) for the collection crew to undertake your clearance once on site. This time allowance is referred to as a Labour Charge. Where a clearance takes longer then the Labour Charge, an additional charge for labour may be applied.
5. If the volume or weight of the goods exceed per provided quotation the extra volume / weight is chargeable at £ 30 per 1 ( one ) cubic yard up to 50( fifty ) kg in weight. The extra volume / weight can be collected at this rate subject to the space available on the waste removal vehicle.
6. You shall provide our drivers or crews with free and safe access to the location on the premises from where the rubbish is to be removed. Any parking penalties imposed on our vehicles will be passed onto the client in the event of not gaining this suspension.
5. LIMITATION OF LIABILITY
1. This clause does not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
2. Subject to para 5(1), we shall not be liable to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the price of our services under the contract in question.
3. We cannot guarantee no damage to property will occur during the clearance. You should inspect the working area once our clearance is complete and notify the clearance crew of any damage before they leave the site. Any such damage must also be notified in writing to Legend Waste Management Ltd on the of completion of the site clearance. We will not accept liability for any damage that is not notified to us within this time.
6. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks.
3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
1. We may terminate the arrangement between us at any time. Termination will not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms
1. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
1. All notices sent by you to us must be sent to us at Unit 3 Highpoint Business Village, Ashford, England, TN24 8DH or email to email@example.com. We may give notice to you at either the email or postal address you provide to us at the time of booking. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
3. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
4. These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.