General Terms and Conditions of Shredded Neat Ltd for Service Contracts
1. Shredded Neat Ltd. (Referred to hereinafter as “Shredded Neat”) undertakes with the Customer to:
1.1 Service the “Waste” (being waste material that the Customer requires to be shredded as described on the Service Contract) from the Customer’s premises. This Agreement shall continue until either party gives the other 3 months’ notice in writing to terminate the Agreement.
1.2 Shredded Neat allows the Customer a 7 day cooling off period from the commencement date as set out on the Service Contract. However, the Customer agrees to waive such right should the service commence within the 7 days.
2. The Customer hereby undertakes with Shredded Neat to:
2.1 Ensure that the Waste provided to Shredded Neat will be that described in the Service Contract and will not be subject to any special control regulations in force from time to time and will not contain explosive, highly flammable, toxic, polluting materials, glass or metal and that the Customer conforms to the duties laid down in the Environmental Protection Act 1990, the Collection and Disposal of Waste Regulations 1988 and the Control of Pollution Act 1974 or any Statutory modification or re-enactments thereof or other Statutory or Local Authority requirements.
2.2 Provide and maintain a suitable and safe means of access and egress at the Customer’s premises for servicing of Waste at times acceptable to Shredded Neat.
2.3 Ensure that payment shall be made in full to Shredded Neat by the Customer within 30 days of the invoice date.
2.4 The Customer agrees to give consent, and has no objection as referred to in the Telephone Preference Service and Mail Preference Service regulations, to be contacted by any division of Shredded Neat.
3.1 The price quoted in this Service Contract is exclusive of any applicable Value Added Tax which the Customer shall be additionally liable to pay to Shredded Neat at the prevailing rate at the date of invoice.
3.2 Shredded Neat will provide the Customer, free of charge, the appropriate waste container(s), such container(s) will remain the property of Shredded Neat and Shredded Neat reserves the right to charge (on a cost plus cost of delivery basis) for any damage to the container(s) whilst in the care of the Customer excepting any damage caused by Shredded Neat.
3.3 Shredded Neat reserves the right to charge the Customer an Annual Waste Transfer Note fee to assist with the administration, storage and upkeep of records.
3.4 Shredded Neat reserves the right to change the price structure of any fixed price Service Contract on the giving of three months’ notice
3.5 Shredded Neat reserves the right to charge the Customer for any Environmental and Governmental changes to Legislation that result in additional costs (including any extra administration costs).
4. Service Schedule:
4.1 Shredded Neat reserves the right to change the service days/frequency whilst still fulfilling the applicable legislation to meet operational requirements, which, where possible, will be notified to the Customer once such change is in effect.
4.2 If through operational difficulties Shredded Neat is not able to service the Customer’s requirements on the scheduled day, Shredded Neat reserves the right to re-schedule the service at the earliest possible opportunity without prior notice to the Customer or cost to Shredded Neat.
4.3 The Customer agrees that all detailed Waste shall be collected exclusively by Shredded Neat or it’s authorised agent. The Customer shall ensure that no other waste contractor or waste collection services be employed for the entire duration of the Service Contract with Shredded Neat (being the Relevant Period together with any successive period as provided for in Clause 1 hereof)
4.4 Should the Customer purport to cancel the Service Contract without giving the proper notice the Customer shall pay by way of Liquidated Damages to Shredded Neat a sum of money calculated to be the monthly loss of profit multiplied by the number of months of notice that should have been given by the Customer.
4.5 Uncontained Waste, loose Waste, excessively weighted bags/bins or unidentified Waste will be collected at Shredded Neat’s discretion and may be charged at a premium rate (which shall be notified to the Customer from time to time). For the avoidance of doubt this only applies to excess Waste and does not apply to any general paper waste that Shredded Neat have agreed to remove which is not to be shredded.
4.6 Shredded Neat reserves the right to suspend all service in the event of non-payment of invoices by the Customer. During the suspended period, Shredded Neat will invoice an administrative charge of £15.00 + VAT per month.
4.7 Shredded Neat reserve the right to invoice the Customer at their current rate if it has suspended services under the terms of clause 4.6 above and if it so chooses to terminate the Service Contract with immediate effect (for the avoidance of doubt without having to give three months’ notice) and seek Liquidated Damages due to breach of contract by the Customer.
5. Safety and Indemnity:
5.1 The Customer shall be wholly responsible for the safety of all persons (including the employees and agents of Shredded Neat) entering the Customer’s premises where Shredded Neat’s equipment is sited.
5.2 The Customer shall bear all risks involved in connection with the sited equipment and use of all such equipment (as described in the Service Contract).
5.3 The Customer shall indemnify Shredded Neat against all claims arising through any negligent act or omission by the Customer, its agents or employees.
5.4 Shredded Neat shall not be liable to the Customer or be deemed to be in breach of the Service Contract by reason of any delay in performing or any failure to perform any of Shredded Neat’s obligations in relation to the service if the delay or failure was due to any cause beyond Shredded Neat’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as caused beyond Shredded Neat’s reasonable control:
5.4.1 Act of God, explosion, flood, tempest, fire or accident.
5.4.2 War or threat of war, act of terrorism, sabotage, insurrection, civil disturbance or requisition.
5.4.3 Acts restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
5.4.4 Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Shredded Neat or of a third party).
5.4.5 Difficulties in obtaining labour, fuel, parts or machinery or failure or breakdown in machinery.
6. Responsibility for Equipment:
Any equipment supplied by Shredded Neat shall at all times remain the property of Shredded Neat. The Customer shall be responsible for its location, for any loss or damage whilst outside the care of control of Shredded Neat and for ensuring that it is kept clean both inside and out, nor over or improperly loaded (notwithstanding any inspection of the equipment by Shredded Neat) or the contents set on fire. Under no circumstances must the equipment be sited on a Public Highway.
7. Additional Services:
Where additional service has been supplied at the request of the Customer for the removal of non-scheduled waste, uncontained waste, loose waste, excessively weighted bags/bins or unidentified waste, then an additional charge will be made to the Customer. This charge will be made in arrears at the end of Shredded Neat’s relevant invoicing period.
8. Service Proof:
The driver will issue work tickets or obtain signatures or appropriate electronic verification for services performed and therefore the Customer accepts that the records kept by Shredded Neat of services provided will be adequate proof of service.
9.1 Subject as expressly provided in these conditions (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2 The Service Contract and these Terms and Conditions shall be interpreted, construed and governed by the laws of England
9.3 Should any term be found to be unreasonable or unenforceable, this shall not affect any other term within the Service Contract or Terms and Conditions.
9.4 Shredded Neat reserves the right to update the current Terms and Conditions of the Service Contract, such notice will be notified to the Customer at the earliest reasonable opportunity and will be enforceable immediately.