Supply of Service
Terms and Conditions for the supply of service
The customer’s attention is particularly drawn to the provisions of clause 6.
1. Definitions
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 4.1.Commencement Date: is the date on which the Customer signs Section 4 of the Service Specification.
Customer: the person or business who purchases Services from the Supplier as described within Section 1 of the Service Specification.
Customer Default: has the meaning set out in clause 3.2.
Equipment: Each and every piece of equipment supplied to the Customer by the Supplier, including bins and containers.
Order: the Customer’s order for Services as described within Section 2 of the Service Specification.
Services: the services, supplied by the Supplier to the Customer as set out in the Service Specification.
Service Specification: the document describing details of the Customer, the Order and the Cost.
Supplier: G.D. Environmental Services Limited (Company No: 04704681).
2. Supply of Services
2.1 The Supplier shall supply the Services ordered by the Customer for a minimum of 12 months from the Commencement Date.2.2 Time shall not be of the essence for performance of the Services.
2.3 The Supplier reserves the right to amend the Order if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.
2.4 Skip Hire: the maximum rental period is 7 days for ‘non-account’ customers and 28 days for ‘account’ customers. It is the responsibility of the hirer to request the collection within this time. Failure to do so will result in unannounced collection and/or rental charges being incurred of £3.50 per day for Roll On-Offs and £1.75 per day for 3-16yrd skips
2.5 Wheelie Bin Hire: All customers are required to have their wheelie bins emptied on a fortnightly basis at a minimum or incur rental charges
3. Customer’s obligations
3.1 The Customer shall:
(a) ensure that information provided to the Supplier is complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) prepare, and provide the Supplier with access to, the Customer’s premises for the supply of the Services;
(d) obtain and maintain all necessary licences, permissions and consents that may be required for the Services;
(e) comply with all applicable laws, including health and safety laws;
(f) keep all Equipment and other property of the Supplier at the Customer’s premises in safe custody at its own risk and maintain such items in a good condition until they are returned to the Supplier, and not dispose of or use such items other than in accordance with the Supplier’s written instructions or authorisation;
(g) ensure that the Equipment supplied is not improperly used, overloaded, or damaged.
3.2 If the Supplier’s performance of any of its obligations is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations arising directly or indirectly from the Customer Default; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising from the Customer Default.
4. Charges and payment
4.1 The Charges for the Services shall be the Monthly Cost set out within Section 3 of the Service Specification;
4.2 The Supplier shall invoice the Customer monthly.
4.3 The Customer shall pay the Charges, either by:
(i) Direct Debit; or
(ii) by bank transfer within 30 days of the date of the invoice; into the bank account communicated to the Customer by the Supplier.
4.4 Where any taxable supply for VAT purposes is made by the Supplier to the Customer, the Customer shall pay to the Supplier such additional amounts in respect of VAT at the same time as payment is due for the supply of the Services.
4.5 If the Customer fails to make a payment due to the Supplier by the due date, then, without limiting the Supplier’s other remedies under the contract, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 4.5 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
4.6 All amounts due shall be paid without set-off, deduction or withholding.
5. Limitation of liability: The customer’s attention is particularly dran to this clause.
5.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £10,000,000 per claim.5.2 The Supplier accepts liability for death or personal injury to the extent that it arises from its negligence and any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
5.3 The Supplier’s total liability to the Customer shall be limited to £10,000,000. The Supplier’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising.
5.4 This clause 5 shall survive termination of the contract.
6. Termination
6.1 Without affecting any other right or remedy available to it, the Customer may terminate the contract by giving the Supplier 3 months’ notice.6.2 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving notice to the Customer if:
(a) the Customer commits a material breach of any term of the contract and (if such a breach is remediable) fails to remedy that breach within 28 days of that party being notified in writing to do so;
(b) the Customer enters into administration, is wound up, has a receiver appointed or otherwise ceases to trade or carry on business;
7. Consequences of termination
7.1 On termination of the contract:(a) the Customer shall immediately pay all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the Customer shall return all of the Equipment. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and shall not use them for any purpose.
7.2 Termination of the contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination.
8. Force majeure
Neither party shall be in breach of the contract nor liable for delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure result from events beyond its reasonable control.9. Entire agreement
The contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements to the exclusion of any terms that the Customer seeks to impose or incorporate.10. Variation
The Supplier reserves the right to amend these Terms and Conditions from time to time and shall notify the Customer of any such event.11. Severance
If any provision or part-provision of the contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified or removed to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the contract.12. Notices
References to a notice within these terms and conditions is a notice that must be:(a) in writing;
(b) be delivered by hand or by pre-paid first-class post to its registered office or by email to info@gd-environmental.co.uk.
(c) Any notice or communication shall be deemed to have been received if delivered by hand, by pre-paid first-class post or by email on the next working day;
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
13. Third party rights
The contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.14. Governing law and Jurisdiction
Any dispute or claim arising out of or in connection with the contract or its formation shall be governed by, and construed in accordance with the law of England and Wales.Can’t find what you’re looking for?
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