Book a collection now, call: 01242 821 450
we can collect:

Terms and Conditions

These terms and conditions (“the conditions”) are incorporated to the contract, the details of which appear overleaf

1. GENERAL INCORPORATION OF THE COMPANY’S CONDITIONS

These conditions are the conditions of Maylarch Recycling Limited (“the Company”) and any service undertaken by the Company is the following conditions unless varied by the terms of any written contract between the Company and the Customer.

2. DEFINITIONS

In these conditions of sale the following definitions shall have effect unless the context otherwise dictates:

(a) “commencement date” shall mean the date noted as such overleaf or if no date is noted, the date of signing of the Contract by the Customer.

(b) “container” shall mean any container, compactor tank or other plant equipment or vehicle supplied by the Company.

(c) “Customer” shall mean the person, firm or corporation for whom any service is undertaken by the Company.

(d) “service” shall mean the supply of waste services of any kind whatsoever provided by the Company to the Customer.

(e) “legal liability” shall mean liability in negligence and in tort generally, in contract and in any other legal liability whatsoever.

3. STATUTORY OBLIGATIONS

It is a term of every contract entered into by the Company that the Customer shall have complied or shall comply with all requirements of governmental or any statutory local or public authority in relation to the service or to the use of any container by the Customer.

4. CONTRACT PERIOD

This Contract shall commence on the commencement date and shall continue to be in effect for a period of one year or if not terminated in accordance with this clause for further periods of one year thereafter unless terminated by the Customer by giving the Company not less than three months written for further periods of one year thereafter unless terminated by the Customer by giving the Company not less than three months written notice, provided always that the Customer shall be entitled to terminate the agreement at any time on vacation of the premises by giving to the Company one month’s prior written notice.

In the event that the Contract is terminated as a result of the Customer’s vacation of the premises, the Customer shall be liable to pay to the Company forthwith 35% of the charge that would have been payable for that invoice period.

5. TERMS OF PAYMENT

(a) Subject to the following provisions of this clause, the Customer shall either pay:

(i) Quarterly in advance for the services to be provided by the Contractor, upon receipt of the invoice. Any invoice not paid within 30 days of the invoice date may cause the service to be suspended;

(ii) Monthly in advance for services provided to the contractor, upon receipt of the invoice. Any invoice not paid within 30 days of the invoice date may cause the service to be suspended;

(b) The company reserves the right to charge the customer on overdue accounts at a daily rate equal to 4% above the clearing bank lease lending rate.

(i) The company reserves its statutory rights to claim interest and debt recovery costs in accordance with the late payment of commercial debts act 1988 if the customer fails to make payment according to agreed credit terms.

6. TERMS OF SERVICE

(a) The Company is not a common carrier and does not contract as such.

(b) The Company may employ the services of any sub-contractor for the purpose of Fulfilling any contract entered into by the Company.

(c) The date of delivery or performance of the service shall not be of the essence.

(d)The customer acknowledges the right of the company to correct any agreed insufficiency or defects in work done and to address any reasonable cause for complaint by the customer .if the company is prevented from taking appropriate remedial action , the customer will be solely responsible for any subsequent costs of remedial works or actions whether agreed with the company or not.

7. LIMITATION OF LIABILITY

(a) Except insofar as otherwise required by law or as ordered by the court or as herein-after provided the Company shall only be liable for defects in the service which have been notified by the Customer to the Company in writing within 14 days after the date of such defect occurring been notified by the Customer to the Company in writing within 14 days after the date of such defect occurring (in the case of defects reasonably discoverable at the date of the service) or within 14 days after the date of discovery by the customer of the defect (in any other case) subject to the provisions of sub-clauses (c), (d), (f ) and (g).

(b) Except as aforesaid the Company shall not be liable for any claim, loss or damage arising under any legal liability for any defect or delay in or failure of the service whether due to any act, neglect, default of the Company or its servants or agents or otherwise and all warranties and conditions expressed or implied are hereby excluded.

(c) Without prejudice to the generality of the foregoing the Company shall not be liable for any such claim loss or damage resulting from: (i) Any circumstances arising outside the control of the Company. (ii) Any instructions given by or any act or omission of the Customer or the owner of the waste or the servants or agents of either. (iii) Any inherent or latent defect which the Company could not have reasonably discovered or rectified. (iv) Any material breach by the Customer of any of the Company’s conditions of trading.

(d) The Customer shall give to the Company every opportunity to replace repair or rectify any alleged defect, delay or failure in the service.

(e) The Company shall in no circumstances be liable for consequential loss or damage of any kind. (f) Nothing herein contained is intended to affect nor will it affect a consumer’s statutory rights under the Sale of Goods Act 1893 as amended by the Supply of Goods (implied terms) Act 1973 or the Unfair Contract Terms Act 1877.

8. INDEMNITY BY CUSTOMER

(a) The Customer shall make good to the Company all damage to any container caused during the continuance of the contract with the Customer other-wise than that resulting from the Company’s wilful act, neglect or default or from fair wear and tear.

(b) The Customer shall indemnify the Company against all claims under any legal liability or any additional cost arising out of the use of any container or the breach by the Customer of any of the conditions hereof required to be observed or performed by the Customer.

9. COMPANY’S OBLIGATIONS

(a) The Contractor will provide waste collection and disposal services specified overleaf provided that the Company shall not be obliged to remove the waste if it differs in any way from that described overleaf or if it is burning or smouldering or reacting or if its removal from the premise could be dangerous to the Company and its employees and agents or the public or if the Company’s equipment has been overloaded.

(b) The Company will indemnify the Customer against all damage, loss or injury caused as a result of a wrongful or negligent act of its employees or agents whilst on the customers’ premises in the performance of the Contract.

10. CUSTOMERS OBLIGATIONS IN RELATION TO THE CONTAINER

(a) The Customer undertakes to properly describe the waste to be removed and to warrant that for the duration of the service the waste will correspond in all material respects with the waste description overleaf. The Customer shall be liable for any damage to the Company’s plant vehicle and/or property caused by the failure to comply with this obligation.

(a) The Customer undertakes to properly describe the waste to be removed and to warrant that for the duration of the service the waste will correspond in all material respects with the waste description overleaf. The Customer shall be liable for any damage to the Company’s plant vehicle and/or property caused by the failure to comply with this obligation.

(b) The Customer shall be responsible for placing and shall only place the waste material referred to overleaf in the container.

(c) The Customer warrants that he has the right to place the waste referred to overleaf in the container and the property in all waste materials shall pass to the Company upon the Company commencing to remove the container of waste from the Customer’s premises.

(d) It shall be a condition that the Customer observe and perform the following:

(i) All containers are to be loaded safely and evenly.

(ii) Any materials of large size or of heavy weight shall only be removed by the Company by special prior agreement.

(iii) No rubbish shall be burned in any container or any fire started or permitted therein by the Customer or any other person.

(iv) Nothing is placed in any container which having regard to weight and safe transportation the container is not designed to carry and the Customer shall ensure that the container is not overloaded and not above the level of the sides of the container.

(v) No container shall be removed from the position to which it was delivered without the Company’s prior written consent.

(vi) No sign lettering insignia advertising or other device of the Customer shall be placed or fixed onto any container. (e) The Customer will ensure that the constituents of the waste shall be compatible and stable and that mixing them will not give rise to any hazard. (f) The Customer shall at all reasonable times allow the Company and any person authorized by it to have access to the container to inspect, test, adjust, repair or replace the same or the contents thereof so far as possible at times convenient to the Customer.

11. SAFETY

(a) The Customer shall at all times provide the Company with a suitable and safe means of vehicular access. In the event we are unable to gain access to the container, Maylarch Recycling reserve the right to charge at the agreed rate. (b) Where relevant the customer shall bear all risks arising out of the siting and use of the Contractor’s equipment on the premises of or under the control of the Customer.

12. PRICES

(a) The price to be paid by the Customer for the removal of refuse shall be the Company’s price, applicable for the size of the container and number of collections ruling during the period covered by the invoice plus the amount of the applicable value added tax (if any). Due to the value of recyclable commodities the Company reserves the right to vary the price for services relating to the collection and disposal of these materials by giving the Customer 14 days notice in writing. In relation to the collection and disposal of all other materials the Customer reserves the right to vary the price by giving the Customer 1 month’s notice in writing.

(b)Prices shall not be subject to retention and/or discount. All prices are subject to VAT at the prevailing rate.

(c) Where the use of any recycling container is undertaken the customer agrees to make sure that only the agreed material will be place within the container, the cost of disposing any contaminated load will be directly passed on to the customer at the current landfill rate.

13. ASSIGNMENT

The agreement shall not be assigned or transferred in whole or in part by the Customer directly or indirectly without the prior written consent of the Company

Correspondence Address:

Unit K2, 
Andoversford Link, 
Andoversford Industrial Estate,
Cheltenham,
Gloucestershire,
GLS4 4LB

Our Tweets

© Copyright Maylarch Recycling Ltd. 2018 | Links | Privacy Policy | Terms & Conditions | Design and build Bate Brand Communications