1.1 "ECO-Option" means ECO-Option (UK) Ltd of ECO-Option House, Lostock Works, off Griffiths Road, Northwich, Cheshire, CW9 7XU and shall be called "ECO-Option" hereinafter.
1.2 Customer means the person firm company or any other trading organisation to which ECO-Option supplies Services subject to these Terms and Conditions.
1.3 "Waste Materials" and "Waste Resources" means materials or scraps from which the Customer wishes to dispose of.
1.3 The Services provided by ECO-Option include but are not limited to :
(a) the recovery of valuables from the Waste Materials where possible;
(b) the environmentally safe disposal of Waste Materials or any residues.
(c) the supply, installation and maintenance of equipment.
2. COLLECTION AND TRANSPORT
2.1 Collection of Waste Materials is normally effected by the Customer calling out ECO-Option unless a rota system has been agreed.
2.2 The Customer warrants and agrees that at all times the Waste Materials which are presented for removal shall contain NO other materials/contaminations then those agreed in writing by ECO-Option.
2.3 The Customer further agrees that all Waste Materials should be contained in containers as provided by ECO-Option being specifically marked so as to meet the current Regulations for the Carriage of Dangerous Goods by road.
2.4 ECO-Option reserves the right to refuse collection and transportation of any containers which it believes contain substances other than Waste Materials and collection of which previously has not been agreed with ECO-Option. Containers deemed unfit for safe transport will not be collected.
2.5 The Customer shall comply with all provisions of the Environmental Protection Act 1990 and other current Regulations including the provision that the Customer provides an accurate description of the Waste Material and paperwork be duely completed/signed.
3. OWNERSHIP AND RESPONSIBILITY
3.1 Ownership and responsibility for the Waste Materials shall remain with the Customer during collection and transport to ECO-Option's treatment works. Upon arrival, ECO-Option will check the description of the Waste Materials and will determine their nature and suitability for treatment.
3.2 Ownership and responsibility for the Waste Materials will only pass to ECO-Option upon acceptance of their description nature and suitability for treatment by ECO-Option. In case of doubt over the nature or suitability for treatment due to suspected misdescription, contamination fraud etc. ECO-Option has the right to refuse acceptance of the Waste Materials and ownership and responsibility shall remain with the Customer who will be informed as soon as possible. ECO-Option is required by law to inform the Environment Agency of any refusal to accept waste at its treatment works. The Customer agrees to provide ECO-Option at any time with additional information on the Waste Materials including but not limited to an analysis.
3.4 Should acceptance continue to be refused then the Waste Materials will be rejected. Materials rejected back to the Customer will incur a £ 150.00 Rejection Fee covering our initial costs and must be collected within 7 days from receipt. Reject materials not collected within 7 days, will be subject to a storage charge of £ 10.00 per day incl. holidays and bank holidays. After 21 days ECO-Option will at its discretion arrange external disposal of the Reject Material and the Customer will reimburse ECO-Option for all costs incurred.
3.5 Ownership of equipment supplied to the Customer on a lending basis will remain with ECO-Option at all times. The Customer accepts full responsibility for the equipment while in its care and agrees that it will only be used for the handling of waste materials. In case of loss or damage to equipment other than fair wear and tear the Customer agrees to pay the full cost of the lost or damaged equipment.
3.6 Title and ownership of equipment sold to the Customer will remain with ECO-Option until payment has been received in full.
4 WEIGHTS VOLUMES AND ASSAYS
4.1 The exact weight or volume of Waste Materials accepted by ECO-Option for treatment is exclusively determined by ECO-Option upon arrival at its treatment works. Any weight or volume recorded prior to acceptance of the Waste Material is deemed to be an estimate only.
4.2 The assay/analysis of the Waste Materials is carried out by ECO-Option using analytically precise methods and equipment. The assay/analysis values determined in this way are binding for the Customer.
5. COMPLIANCE WITH REGULATIONS
5.1 ECO-Option agrees to carry out the Services in an efficient and professional manner and to comply with the provisions of all current Acts Regulations Standards and Codes of Practice concerning the collection transportation treatment and recycling of the Waste Materials.
5.2 ECO-Option warrants that it is a holder of a current Permit and is a registered carrier and broker of controlled waste.
5.3 ECO-Option shall hold harmless and indemnify the Customer against all loss, damage, expenses, liabilities, costs, claims and proceedings suffered or incurred as a result of any act or omission by ECO-Option or its employees.
5.4 ECO-Option shall maintain adequate insurance against the above matters to the sum of £5 million per event.
6.1 The Customer will pay ECO-Option the charges for the Services rendered as applicable at that time.
6.2 The Customer agrees to be invoiced on the basis of a Self Billing Invoice generated by ECO-Option.
6.3 ECO-Option will credit the customer a percentage of the recoverable content for collected Waste Materials. This credit shall be made by way of sterling unless other arrangements have been agreed.
6.4 Customer agrees to pay any sum due within 30 days of the invoice date.
6.5 ECO-Option maintains the right to withhold payment in lieu of outstanding charges accrued by the Customer.
6.6 Any increases in charges will be notified to the Customer at least 30 days in advance of their implementation.
6.7 ECO-Option reserves the right to impose an admin charge for Customers with overdue payments at its discretion. In addition interest is charged on any overdue payments which will run from day to day at a rate of 3% above Santander Bank Plc's base lending rate in force from time to time from the date when payment for the Services becomes due until the date when payment is made and will accrue after as well as before any judgment.
6.8 The Customer will reimburse ECO-Option for all costs (incl. legal costs on an indemnity basis) incurred in collection of any overdue amount.
6.9 If a Customer fails to make payments which are overdue ECO-Option reserves the right to suspend the provision of further Services and may arrange for the collection of any equipment from the Customer's premises.
7.1 No variations or alterations of these conditions shall be binding on ECO-Option or the Customer unless agreed in writing by an authorised representative of ECO-Option. All orders by the Customer for the Services shall be deemed to be an offer by the Customer to purchase the Services pursuant to these Conditions. Performance of the Services by ECO-Option shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
7.2 These Conditions shall remain in force until such time as ECO-Option shall advise the Customer in writing that it has adopted revised Conditions.
7.3 The Customer shall hold harmless and indemnify ECO-Option its Directors Officers employees in respect of any loss damage claims costs liabilities expenses arising from any breach of the Customer's obligations under the these Terms and Conditions.
8.1 All prices quoted to the Customer are exclusive of Value Added Tax at the current rate and which shall be paid by the Customer.
8.2 The Customer will inform ECO-Option of change to their VAT details.
8.3 The Customer when VAT registered agrees to pay the Inland Revenue any VAT due on the sale of goods to ECO-Option under the Self Billing system.
8.4 ECO-Option is entitled to provide VAT details to the Inland Revenue without prior authorisation from the Customer when under an obligation to do so.
Time and dates quoted by ECO-Option for undertaking the Services are intended as estimates only and will be kept to as far as possible. No liability can be accepted where it is impossible to keep within timings.
10.1 Use or provision of the Service can be cancelled by the Customer at any time giving 30 days notice.
10.2 Upon the last collection of waste, all tanks containers and equipment over which ECO-Option holds title and ownership must be made available for removal. Tanks, containers and equipment not returned during the final collection will be considered lost and the Customer charged accordingly. Any other costs resulting from failure to comply with art. 10.1 and 10.2 will be paid by the Customer.
If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable in whole or in part, these Conditions will continue to be valid as to all other provisions and the remainder of the affected provision.
No waiver or forebearance by ECO-Option or the Customer whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in future.
These Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to the jurisdiction of the English courts.