Terms and Conditions.
The terms and conditions for using 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. CANCELLATIONS AND CHARGES
a) We may, at our discretion, refund the attendance fee if you wish to cancel a booked collection provided such a request to do so is received at any time on the business day preceding the date of the collection by email sent to ‘info@andrews-waste.co.uk’ or by telephoning our customer support centre.
b) Where you may be deemed to be contracting as a “consumer”, then you will additionally have the right to cancel a booking at any time up to the end of seven working days after the day on which the contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays: (a) You do not have the right to cancel the contract if the supply of our services begins with your agreement before the end of the seven working day cancellation period. It is assumed we have your agreement if we are required to carry out our work within this period. (b) To exercise the statutory right of cancellation, you must provide us with written notice.
c) If we are unable to remove any items from the premises as, for example, they are too large to fit through the doorways, then if we 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, then we shall not be responsible for the reassembly of such an item.
d) We allocate specified time limits for removal to our vehicle for each collection of rubbish at the premises specified, together with weight and volume for our vehicle team to make their initial assessment of the job. Where it takes us longer than the allocated time for the allotted amount of storage space on a truck (which may differ from the amount of space it takes up when stored), we reserve the right to charge for each additional minute of labour at such rates as displayed on the Company’s website from time to time.
e) If, in our vehicle team’s professional judgment, the weight of the collection exceeds our pricing terms, we reserve the right to for the collection by its weight which is assessed at the absolute discretion of our truck team with the price for removing of weight and volume is the same as the price advertised on our website from time to time for removal of waste weight and capacity in the absence of any express agreement with the Company to the contrary.
f) ‘Difficult waste’ (including but not limited to fridges and car tires) is charged at such rates as displayed on the Company’s website from time to time.
g) Projected time for the collection and measurements of weight and volume are all assessed by our vehicle team at their absolute discretion at the start of the collection. We reserve the right to apply additional charges throughout the job and at its conclusion.
5. PRICE AND PAYMENT
a) All prices are subject to VAT.
b) Our primary pricing method is to charge for each collection by weight and or volume. The weight allowance may be increased by prior agreement on a customer-by-customer basis.
c) In addition to non-account customers, an attendance fee will be taken at the time of booking. In consideration of this payment, a vehicle will attend; however, the payment does not guarantee that any work will be carried out.
d) The charge for each cubic yard is as displayed on the Company’s website from time to time in the absence of express agreement as between the Company and account customers and such other customers as the Company shall determine in its absolute discretion.
e) Payment must be made at the time of collection unless the work is being carried out on behalf of an account holder or a prior agreement has been made. In the event payment is not made, any waste collected may be returned to the producer. Payments not made within 14 days of the collection date or on the due date for account holders will incur an administration fee of £50.00, and we reserve the right to charge interest on any unpaid balance at the rate of 3% above the base rate as set from time to time by HSBC Bank Plc. We do not assume ownership of any waste collected until payment for the collection has been made and a transfer note has been provided to the customer.
f) We may invoice you at any time after we have provided the services invoices must be paid within 30 calendar days of the date of the invoice save by prior agreement. Invoices to customers who do not have a prior credit account arrangement with Andrews Waste are due to be paid upon receipt.
g) Time for payment of our invoices shall be of the essence of the contract.
h) Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.
i) You shall pay all amounts due in full without any deduction or withholding except as required by law, and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
6. LIMITATION OF LIABILITY
a) This clause does not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) 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.
b) Subject to the preceding, under no circumstances whatsoever shall we be liable to you, whether in contract, tort (including negligence), 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; and (b) our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of our services under the contract in question.
c) We cannot guarantee that no damage to property will occur during the clearance process. The customer should inspect the working area once our clearance is complete and notify the team of any damage before the team have left the site. Any such damage must also be notified in writing to Andrews Waste within 3 working days of completion of the site clearance. We will not accept liability for any damage that is not notified to us within this time.
7. EVENTS OUTSIDE OUR CONTROL
a) We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
b) A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following (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.
c) 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.
8. TERMINATION
a) We may terminate the arrangement between us at any time.
b) 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
9. ASSIGNMENT
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.
10. NOTICES
All notices sent by you to us must be sent to us at office 17, 405 Kings Road, Chelsea, London SW10 0BB and or emailed to info@andrews–waste.co.uk. 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.
11. DATA PROTECTION
a) We will only use the personal information you provide to us to provide the services or to inform you about similar services which we provide unless you tell us that you do not want to receive this information.
b) You acknowledge and agree that we may pass your details to credit reference agencies.
c) You acknowledge that we may share your data with any party listed in our registration as a data controller in full compliance with all aspects of the data protection act.
12. GENERAL
a) If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the 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.
b) 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.
c) 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.
d) These Terms shall be governed by English law, and you and we both agree to the exclusive jurisdiction of the English courts.
