Terms & Conditions for Service Contracts
Terms and Conditions for Service Contracts
The Owner means Green Circle Direct Ltd, address Suite 53776, PO Box 4336, Manchester, M61 0BW, email: email@example.com, web: www.greencircledirect.com
The Hirer means the customer referred to within the quotation, though where the Hirer is more than one person (e.g. Partnership) all obligations under this contract are joint and several obligations.
The units mean any receptacles, equipment, machines etc or other items hired by the Owner to the Hirer.
Terms & Conditions
- It is hereby agreed as follows:
The Owner hereby hires to the Hirer the units set out within the “Accepted Quotation”. The “Conformation of Order” is your acceptance to said quotation, by accepting our quotation you are entering into a service contract for the period specified and agree to our terms and conditions. Order Confirmation will be emailed to the Hirer within 48 hours of accepting the quotation.
The Hirer shall not allow any person, firm or company other than the Owner or its appointed contractor/s to service the units or allow any products other than those supplied by the Owner to be used in connection with the units. The Hirer should endeavour to provide the correct information including the type and volume of waste being produced on the quote request. The “Accepted Quotation” and subsequent confirmation is based upon the inputs of the Hirer. Should these inputs be found to be incorrect the contract will be null and void with the requirement to resubmit and enter into a new agreement. Any excess waste will be treated as detailed in points 4 and 5.
- Contract Period:
The hiring of the units will commence on the installed date and continue for the initial contract period of 12 months unless otherwise agreed within the “confirmation of order” and thereafter indefinitely until the Hirer gives the Owner three months prior written notice to terminate the agreement on the anniversary of the commencement date.
- Invoicing/Pricing Increase:
The Hirer shall during the continuance of the agreement pay to the Owner, (without previous demand) the price per unit, per annum, plus VAT. Payment of the agreed charge will become due when the invoice is rendered and payment terms are strictly 30 days net.
- Green Circle Direct shall be able to vary the Payments as follows:
3.1 Legislation or regulations or changes to existing legislation or regulations, including those which result in increases in National Insurance Contributions;
3.2 To take account of an increase in operating costs, including (without limitation) costs arising from increases in fuel prices;
3.3 upon each anniversary of the Commencement Date during the Initial Period, by the average increase be determined by Green Circle Direct;
3.4 Extension Period (including upon all anniversaries during any subsequent Extension Periods) by a percentage increase applied at the discretion of Green Circle Direct.
3.5 The Payments are subject to the addition of VAT at the prevailing rate which shall be additionally payable by the Customer in full
4. Type and Volume of Waste:
The Hirer should endeavour to utilise the units as specified within the “Accepted quotation” and contract with regards to the type and volume of waste produced. The Hirer should endeavour to keep the units under the pre-agreed weight limits. Our standard weight limits are:-
Trade/General & Recycling Waste
|Glass Waste – 240 Litre||100kg|
|Food Waste – 240 Litre||100kg|
5. Any deviation from the above will always be confirmed in writing from the Owner. Should the Hirer exceed the agreed weight limits or generate additional waste the Owner reserves the right to levy an extra charge at the going rate per kilo or per bag. These charges will be calculated on a monthly basis and options (on request) will be provided to upgrade or segregate waste to reduce these costs going forward.
The Hirer agrees to arrange appropriate access to all equipment and must advise of any changes. The Owner reserves the right to charge for wasted journeys at the standard lift rate.
The Hirer agrees to place appropriate waste into the units. Should waste become contaminated, additional charges may be applied to cover disposal and cleaning.
The total price per unit, per annum may be increased (unless otherwise agreed in writing) on the anniversary of the commencement date by a percentage. Should there be changes in routes or supply outside of the Owners control it may be necessary to increase prices within the initial contract period. Any change of this nature will always be provided in writing with a minimum two weeks’ notice.
If the Hirer is not a limited company then termination of this contract is covered by the consumer credit act 1974.
In the event of the removal of the units from the premises the Hirer will be responsible for all costs. Claims and demands in respect to the reinstatement of the premises.
If the Hirer breaches any term of this Agreement or suffers distress or execution or becomes insolvent or bankrupt, or enters into an arrangement or composition with its creditors or if a liquidator, receiver or administrator is appointed over the whole or any part of its business or assets then, without prejudice to its other rights and remedies, the Owner may immediately terminate this Agreement;
The Owner may also terminate this Agreement at any time by giving the Customer 10 days prior written notice.
The Hirer during the continuation of the hiring shall not sell or offer for sale, lend, assign, pledge, or otherwise deal with or part with possession of the units and shall not remove the units from their premises without obtaining the Owner’s consent.
The units will at all times remain the property of the Owner and the Hirer shall have no right to the units other than as the Hirer. The termination of the hiring constituted by this agreement shall not affect any rights of the Owner or liabilities of the hirer subsisting at the date of termination.
If the Hirer shall fail to pay the rental or other sums payable under the agreement on the due date (Whether demanded or not) the Owner may charge interest on the rental at the rate of 2% per month. Such interest shall run from the due date until payment whether before or after judgment; or if any Hirer shall commit a breach of the other terms and conditions whether express or implied of this agreement; or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owners rights in the units, then in each and every case the Hirer will be deemed to have repudiated this hire agreement and the Owner may thereupon or at any time within thereafter by notice in writing to the Hirer for all purposes forthwith terminate this hire agreement.
It is the responsibility of the Hirer to ensure access to the equipment at the end of the contract. Should this not be adhered to additional charges will be applied to cover the wasted journeys and cost of the units.
The Hirer may only terminate the hire and/or service of one or more of the Units or this Agreement in its entirety by giving at least 90 days prior notice in writing, such notice to expire at the end of the Initial Period or an Extension Period.
7. Repair and Maintenance:
Upon any fault occurring to the units or if for any reason the units become a health and safety hazard, the Hirer will immediately inform the Owner who without delay will repair or replace the units free of charge as soon as reasonably practicable provided that the Hirer shall keep the Owner indemnified against all loss suffered as a result of damage caused to the units by negligence, vandalism or wilful misuse of the units by failure to notify the Owner in accordance with this clause.
The Hirer shall permit the Owner, his employees and agents at all reasonable times to have access to the units for the purposes of inspection, repair or maintaining the units.
The Hirer shall during the continuance of the hiring keep the units insured with an insurance company of good repute or with Lloyd’s underwriters against loss or damage from all risks (including fire, theft and vandalism). The Hirer will notify its insurers that the units are on hire from the Owner and request the insurers to endorse a note of such interest on the policy of insurance naming the Owner as loss payee. The Hirer shall indemnify the Owner against any loss or damage to the units not recoverable under the policy of insurance.
The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the Owner as a result of any act or omission involving the units (other than death or personal injury resulting from negligence of the Owner, its employees or agents).
The Owner does not hire the units to the Hirer subject to any conditions or warranty express, implied or statutory in connection with the fitness for any purpose or age of the units and any conditions or warranties are hereby expressly excluded insofar as permitted by statute (save for the Owner’s liability for death or personal injury caused by the negligence of the Owners, its employees or agents). The Owner will not be responsible for any liability claim, loss, damage or expense of any kind caused directly or indirectly by the units or their use.
Although the Owner will use all reasonable endeavours to discharge its obligations under this agreement in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
The Owner shall be free to assign the benefit of this agreement to any person, firm or company. If the Owner is to provide any services in respect of the unit details of which are set out within the accepted quotation and or order confirmation, then the terms and conditions covering those services are deemed to be incorporated into this agreement.
No forbearance, indulgence or relaxation on the part of the Owner shown or granted to the Hirer in respect of any of the provisions of this agreement shall in any way affect, diminish or prejudice the rights or powers of the Owner under this agreement or operate as or deemed to be a waiver of any breach by the Hirer of the terms and conditions of this agreement.
The Hirer hereby waives all and future claims and rights of set-off against any installments or rental or any payment due hereunder or otherwise and agrees to pay rental and other amounts hereunder or otherwise regardless of any equity, set-off or cross claim on the part of the Hirer against the Owner.
Any notice hereunder shall be in writing and may be served as e-mail copy or a letter posted and delivered to the address stated herein, and in any other case the last known address of the addressee.
Given the low value involved in each transaction, both parties agree that it is not practical to obtain signatures for services performed and therefore the customer accepts that the records, kept by the Owner, of services provided, will be adequate proof of service.
The hire agreement should be governed by and construed in accordance with the laws of the United Kingdom