Terms and Conditions – Andrews Waste
1. ABOUT US
Trading as Andrews Waste®, and with our registered office at 170, 405, Kings Road, Chelsea London SW10 0BB.
2. PROVISION OF SERVICES
a) Unless we are prevented from doing so by a Force Majeure Event, we will render services with reasonable care and skill.
b) We will make every reasonable effort to provide the services on the removal dates offered, but there may be delays due to circumstances beyond our control. In this case, we will inform you to arrange a revised collection 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 collection.
c) You shall provide our employees with free and safe access to the premises where the rubbish is to be removed. You shall also notify us of any special circumstances which may be relevant to our quotation, including but not limited to if the rubbish is difficult to get to, if any items are large or heavy, if it involves our staff working at height, if the waste 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 outside the premises, within a reasonable distance, to where the waste is to be collected from. If you do not, or you provide us with incomplete or inaccurate information or instructions, we may cancel a collection at any time, either on attendance at a site or by giving you notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required.
d) In the event that we attend the premises in your absence, you must undertake to provide us with the means to contact you and take payment before the collection proceeding. Failure to do so may result in the collection failing, in which circumstances the Company is not to be held liable for any loss or damage howsoever incurred.
e) 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 your not having the authority for us to clear the rubbish.
f) If we detect or suspect there may be any asbestos or other hazardous or dangerous substances or materials on site, we may immediately vacate the premises and will not be responsible for further collection and disposal. In such event, you shall still be fully liable to pay for our attendance in full and for any waste already removed.
g) 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 in what has been removed.
h) Any sharp or dangerous objects, e.g. knives and broken glass, should be separately stored in an appropriate container by you before we arrive for the collection. Under no circumstances should sharp objects be stored in bags. This requirement is for the health and safety of our staff.
3. BASIS OF SALE
a) These Terms and any quotation provided by our vehicle teams set out the whole agreements between you and us for the supply of our collection services, to the exclusion of all other terms and conditions.
b) Where we are able to provide a quote for our services without first needing to inspect the location where our services are to be provided, then a contract shall be created between us on your acceptance of our quote, whether by telephone or email or otherwise. We reserve the right to vary our quoted price if, at the time of collection, the information you provided to us at the time of quotation was incomplete or inaccurate. Any cost supplied in advance of the collection will normally be an estimate only.
4. LIABILITY FOR ITEMS LEFT FOR COLLECTION
a) The customer acknowledges that any items left for collection are deemed to be abandoned, and Andrews Waste assumes full legal ownership of the items upon collection.
b) Andrews Waste shall not be held liable for any claims arising from third parties regarding ownership or disposal of collected items.
c) The customer agrees that once an item is removed, Andrews Waste is under no obligation to return it, and the company reserves the right to sell, donate, or dispose of it at its sole discretion.
5. DUTY OF CARE AND LEGAL COMPLIANCE
a) Andrews Waste complies with all applicable UK waste management regulations, including but not limited to the Environmental Protection Act 1990, the Waste (England and Wales) Regulations 2011, and the Controlled Waste Regulations 2012.
b) Customers are responsible for ensuring that any hazardous waste requiring specialist disposal is declared at the time of booking. Failure to do so may result in additional charges or refusal of service.
c) The customer agrees to indemnify Andrews Waste against any legal claims or regulatory penalties arising from the misdeclaration of waste.
6. FORCE MAJEURE
a) Andrews Waste shall not be held liable for any failure to perform its obligations where such failure is due to events beyond its reasonable control, including but not limited to acts of God, strikes, war, terrorism, civil unrest, government regulations, pandemics, and severe weather conditions.
b) In the event of a Force Majeure Event, Andrews Waste will make reasonable efforts to notify customers and reschedule services where possible.
7. LIMITATION OF LIABILITY
a) Andrews Waste shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, business interruption, or reputational harm.
b) In the event of a claim for damages directly caused by negligence, Andrews Waste’s liability shall be limited to the total amount paid by the customer for the collection service in question.
c) Andrews Waste shall not be responsible for any damage caused to property during the collection process unless such damage is the result of proven gross negligence by our employees.
d) Customers shall be responsible for ensuring that items designated for collection do not contain any valuable or irreplaceable goods. Andrews Waste assumes no responsibility for lost property.
8. DISPUTE RESOLUTION
a) Any disputes arising from these terms shall first be attempted to be resolved amicably through negotiation.
b) If a resolution is not achieved, disputes may be referred to mediation in accordance with the laws of England and Wales before proceeding to litigation.
9. GOVERNING LAW AND JURISDICTION
a) These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
b) Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
c) If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
