Terms of Supply
This page (together
with any documents referred to on it) tells you the terms and conditions upon
which you ('the Client') contract with us,
Please click on the
button marked 'I Accept' at the end of these terms and conditions if
you accept them.
Information about us
The website at http://www.bellwastecontrol.co.uk ('Our
Website') is a website owned and operated by us. Our principal place of business is located at
Your status
By submitting an order, you warrant that:
a)
you
are legally capable of entering into binding contracts and have the necessary
authority or authorisation to do so; and
b)
all
of the information provided by you to Our Website is true and accurate; and
c)
you
are at least 18 years old.
How to contract with us using Our
Website
After submitting an order on Our Website ('the
Order'), you will receive an e-mail from us acknowledging that we have
received the Order. Please note that
this does not mean that the Order has been accepted. The Order constitutes an offer by you to us
to contract on our terms and conditions, which we are free to accept or decline
at our absolute discretion. In some
cases we may reserve the right to delay acceptance of the Order until we have
received full payment, in which case we will notify you. We will send you an e-mail of confirmation
once the Order has been accepted ('the Order Acceptance'). The Order Acceptance will contain your name
details, the total price of the Order and an order number. The contract between us ('the
Contract') will only be formed when we send you the Order Acceptance.
1. DEFINITIONS
Additional Terms: Any additional terms contained
in the Transfer Note and any additional terms and conditions agreed in writing
by
Agreement: The contract for
waste disposal services between
Client: The
individual or business specified in the Order including where relevant its
employees, agents and licensees.
EPA: The
Environmental Protection Act 1990.
Equipment: The Equipment of Bell
supplied to the Client for the purpose of the Services.
Order: An order by
the Client for the supply of services.
Premises: The site(s)
specified by the Client as set out in the Order.
Services: The services to
be provided by
Service Charges: The charges for equipment,
rental, collection of Waste from the Premises, disposal of Waste,
administration and any other services provided pursuant to this Agreement as
set out in the Order.
Terms: These terms
and conditions along with any Additional Terms.
Transfer Note: The document containing
the description and specification of the Waste.
Waste: All Waste
deposited for collection from the Premises under the Services.
Waste Description: The
Client Waste Description set out in the Transfer Note and/ or Order.
2. INTERPRETATION
2.1. Words in the singular shall include the
plural and vice versa, and references to any gender shall include the other.
2.2. Reference to any Act or Regulation
shall include any amendments, re-enactment or replacement of the same and
references to an Act shall include any statutory instruments or regulations
made under that Act.
2.3. The
headings in these Terms are for convenience only and shall not affect
interpretation.
3. ACCEPTANCE
3.1. This Agreement excludes all other terms
and conditions including any implied by a course of dealing between
3.2. The
Client agrees that by making an Order it is indicating its acceptance of these
Terms and each Order shall constitute an offer to
4. THE SERVICES
4.1. Bell will provide the Services
materially in accordance with the Order and shall use reasonable endeavours to
comply with any dates specified in the Order but shall not be liable for reasonable
delays in performance and such delays shall not entitle the Client to terminate
or rescind the Agreement.
4.2. Bell shall have the right to make such
changes to the times or dates of performance of the Services set out in the
Order as may be necessary due to its reasonable operational requirements
provided that Bell shall where possible give the Client reasonable notice of
any such change.
4.3.
4.4.
4.4.1. all special site conditions and safe
working procedures notified in writing by the Client to Bell prior to the date
of this Agreement in accordance with the Client's obligations under the Health
& Safety at Work Act 1974;
4.4.2. all laws requirements and regulations of any central or local
government body or authority relating to the performance of the Services and
the use of the Equipment at the Premises.
5. OBLIGATIONS OF THE CLIENT
5.1. The Client
undertakes to:-
5.1.1. Save as set out in clause 5.5 below, ensure
that the Waste is in accordance with the Client Waste Description in the Order
and will not comprise 'Special Waste' as defined in the Special Waste
Regulations 1996 (as amended) or any replacement of those regulations or
otherwise be subject to special control and the Client shall ensure that the
Waste does not contain explosive, highly flammable, toxic poisonous, polluting
or otherwise dangerous materials or any materials the handling of which would
cause Bell to incur civil or criminal liability.
5.1.2. Conform with the duties laid down in the
EPA or any statutory modification or re-enactments thereof or any other
statutory or local authority requirements.
5.2. The Client warrants that it shall not
deposit or allow to deposit for collection under the Services any waste which
is not in accordance with the Client Waste Description without the prior
written consent of
5.2.1. require the Client to arrange for the
removal of any Waste in the Equipment which does not confirm with the Client
Waste Description and suspend performance of the Services until such time as
the Waste confirms to the Client Waste Description; or
5.2.2. at the Client's option, adjust the Service Charges set out in
the Order; or
5.2.3. at the Client's option, return the Waste to the Client at the
Client's expense.
5.3. Any suspension of the Services in
accordance with the foregoing shall be without prejudice to the Client's
obligation to pay the Service Charges set out in the Order in respect of
Services already provided.
5.4. The Client shall comply with all record
keeping obligations imposed by the EPA and deliver a copy of any such records
to
5.5. The Client warrants and undertakes to
obtain Bell's express written consent prior to depositing any 'Special Waste'
(as defined within the Special Waste Regulations 1996 'the
Regulations'), and further warrants and undertakes that the Regulations
are fully complied with at all times. .
5.6. The Client shall provide and maintain a
suitable and safe means of access to the Premises for the purpose of the
completion of the Services, moving or maintaining the Equipment and inspecting
the Waste and taking samples thereof.
5.7. The Client shall provide safe and
suitable access to the Premises, a safe and suitable location for siting the
Equipment and in addition safe and suitable facilities for manoeuvring any
Equipment or vehicles of
5.8. In the event that the Client fails to
comply with the provisions of clause 5.7 then any employee or agent of
5.9. The Client shall as an obligation
surviving termination of this Agreement fully indemnify Bell and keep Bell fully indemnified against
all liabilities, losses, costs, claims, demands or expenses suffered or
incurred by Bell in connection with or as the result of:
5.9.1. any claim which results from the Client's
breach of any of its warranties and/ or obligations under this Agreement;
5.9.2. any act, omission or negligence of the Client, its employees
and agents;
5.9.3. the provision of the
Services.
6. EQUIPMENT
6.1. The Equipment shall at all times remain
the property of
6.2. The Equipment shall be deemed to be in
satisfactory condition and suitable for all of the Client's requirements (save
for defects not discoverable by reasonable examination) except to the extent
that the Client has advised Bell otherwise within 3 working days of the Client
taking possession of the Equipment.
6.3. Risk of any loss or damage to the
Equipment shall pass to and remain with the Client from the time of delivery of
the Equipment to the Client to the time when the Equipment is returned to
6.4. The Client
shall ensure that any Equipment on the Premises is not overloaded or improperly
loaded.
6.5. All Waste deposited in the Equipment
shall become the property of
6.6. In the event that any Equipment in the
Client's possession is stolen, lost or damaged (ordinary wear and tear
excepted) the Client shall indemnify
6.7. The
Client shall not move, repair or otherwise tamper with Equipment without
7. PRICE
7.1. The price payable for the Services
shall be the Service Charges and any other charges set out in the Order subject
to variation as set out below.
7.2. The Service Charges and any other
charges as referred to in clause 7.1 are subject to variation from time to time
by Bell provided that Bell shall give the Client not less than 28 days' notice
of any price variation within 7 days of receipt of which the Client shall be
entitled, subject to clause 7.3, to terminate this Agreement by not less than 3
months written notice to Bell.
7.3. Bell shall be entitled to increase the
Service Charges at any time in line with any increase in VAT, landfill tax or
other similar duty payable in respect of the Waste or the provision of the
Services by written notice to the Client in which case the Client shall not be
entitled to terminate the Agreement in accordance with clause 7.2.
7.4. Where additional services are provided
at the request of the Client or the Services specified in the Order are
provided outside of normal working hours at the Client's request a supplemental
charge shall be payable by the Client which shall be notified by Bell to the
Client.
7.5. All
prices are exclusive of VAT which shall be charged by
8. WASTE
8.1. The Client
shall complete a new Transfer Note:
8.1.1. at any time when there is a change in any
of the details relating to the Waste;
8.1.2. before the expiration of 12 months from
the commencement of this Agreement.
8.2. The
Client acknowledges that Bell relies on the accuracy of the details contained
in the Order and any Transfer Note in the provision of the Services and the
Client therefore warrants that any information it provides relating to the
Waste will be true and complete and Bell shall be entitled to take samples of
any material placed into the Equipment for the purpose of satisfying itself
that any description of the Waste is accurate.
9. TERMS OF PAYMENT
9.1. The Client shall pay to Bell any sums
owing under this Agreement within 30 days of the date of each invoice without
set off or deduction and time for payment shall be of the essence of this
Agreement.
9.2. In the event of late payment Bell
reserves the right to charge interest on late payments at the rate of 4% above
the base lending rate for the time being of Barclays Bank Plc from the date
payment became due until the date of payment.
9.3. Where payment is overdue
9.4. In
the event that
10. TERM
Subject
to earlier determination in accordance with these Conditions this Agreement
shall commence on the contract start date set out in the Order and shall
continue until the contract end date specified.
Where no contract end date is specified in the Order, this Agreement
shall continue for a period of 12 months and for successive 12 month periods
unless and until terminated by either Bell or the Client by written notice, to
be given not less than three months before the end of any such period.
11. THIS
CLAUSE DEFINES THE CLIENT'S RIGHTS AND OBLIGATIONS IN RESPECT OF ANY LOSS OR
DAMAGE CAUSED IN RELATION TO THE PROVISION OF THE SERVICES AND IN RESPECT OF
ANY STATEMENTS MADE BY BELL ITS EMPLOYEES OR AGENTS. THE CLIENT IS ADVISED TO READ THESE
PROVISIONS CAREFULLY.
11.1. Unless otherwise agreed in writing and
signed by an authorised representative of Bell, Bell shall not be liable for
any recommendations, advice, opinion or statement given or made by Bell, its
servants or agents, or contained in any brochure relating to the Services or on
any website owned or operated by Bell.
11.2. Subject to Clause 11.5 of these Terms, Bell
hereby excludes to the fullest extent permissible by law any conditions or
warranties (whether expressed or implied by statute or common law or arising
from conduct or a previous course of dealing or trade custom and usage or
otherwise) as to the standard of care or skill to be exercised in the
performance of the Services or otherwise in connection with the performance of
the Services.
11.3. Bell's liability to the Client for any
loss or damage of whatsoever nature and howsoever caused (whether in contract
of for negligence or breach of statutory duty or otherwise) shall be limited to
the re-performance of the Services or, at its option, a refund to the Client of
a proportionate part of the Service Charges provided always that the Client
shall have complied with the remaining terms of this Agreement.
11.4. In no circumstances shall
11.5. For the avoidance of doubt this Clause 11
shall not have the effect of excluding or restricting the liability of
11.6. Without prejudice to any other rights or
remedies available to Bell the Client shall at all times indemnify and keep
indemnified Bell against all losses, costs (on a full indemnity basis), claims,
demands, awards and expenses arising as a result directly or indirectly of:
11.6.1 any breach of the Client's obligations
under this Agreement;
11.6.2 any act, omission or default of the Client,
its servants and agents;
11.6.3 any breach by the Client of any Statute, regulation or
requirement of central or local government having the force of law for which
12. TERMINATION
12.1. If the Client commits any breach of this
Agreement Bell may, in addition to its other rights in respect thereof, give
notice to the Client to terminate this Agreement immediately or, at the option
of Bell, after 21 days from the date of such notice if the Client shall not
have remedied the breach to Bell's satisfaction during that time.
12.2. If the Client shall have a receiver, an
administrator or an administrative receiver appointed for the whole or any part
of its assets or if an order shall be made or a resolution passed for its
winding-up (except for the purpose of solvent reconstruction or amalgamation)
then this Agreement shall terminate forthwith.
12.3. Either party may terminate this Agreement
by the service of notice, which must be of not less than three months' duration
and not more than six months duration and must be expressed to expire on the
date which is three months after any anniversary of the Commencement Date and
must be given in the manner set out in clause 13.3.
12.4. If Bell elects to terminate this
Agreement under clause 12.1, or the Agreement is terminated under clause 12.2,
the Client shall pay all accrued Service Charges immediately and in addition
shall pay to Bell as liquidated damages (and the Client acknowledges this to be
a genuine pre-estimate of the likely loss which Bell would incur in such event)
for the period (the 'Damages Period') from the date of such
termination to the earliest date on which this Agreement could validly be
terminated by a notice given in accordance with clause 12.3, the following
amount:
12.4.1. in the case of Clients for which Bell
collects Waste on a scheduled collection day, an amount equal to 40% of the
Service Charges which would have become payable in respect of the Services
during the Damages Period;
12.4.2. in the case of Client for which Bell
collects Waste not on a specific Collection Day but upon request an amount
equal to 40% of the Service Charges which would have become payable in respect
of the Services during the Damages Period on the following assumptions:
12.4.2.1. where the Services have been provided
for less than three months, that collections would have been made during the
Damages Period at the expected frequency set out in the Order, or
12.4.2.2. where the Services have been provided
for more than three months, that collections would have been made during the
Damages Period at the greater of either the expected frequency set out in the
Order or at the same average rate as during the three months immediately
preceding the termination date.
12.5. Termination
of this Agreement shall be without prejudice to any rights or liabilities of
either party which may have accrued to that date.
13. GENERAL
13.1. Bell shall be entitled to withhold or
cancel performance of the Services if and to the extent that it is prevented
from or hindered in performing the same or delayed through any circumstances
beyond its control including (but not limited to) strikes, labour shortage,
lockouts, accidents, vandalism, acts of war or terrorism, fire, breakdown, or
unavailability of Equipment.
13.2.
13.3. All Notices given under this Agreement
must be delivered by hand or sent by first class post to the addressee at its
registered office or main place of business and in the case of an individual to
his last known residential address.
13.4. Failure by
13.5. If any provision of this Agreement is
held by a court or other competent authority or tribunal to be invalid or
unenforceable in whole or in part, the validity of the other provisions of the
Agreement and the remainder of the provision in question shall not be affected.
13.6. This Agreement shall in all respects be
governed by and interpreted in accordance with English Law and
ServicesProcessing
>> General Waste
>> Inert Waste
Recycling
>> Baling
>> Reclamation
Machine Sales
Gallery
Opening Times
| Mon | 7am-6pm |
| Tue | 7am-6pm |
| Wed | 7am-6pm |
| Thu | 7am-6pm |
| Fri | 7am-6pm |
| Sat | 7am-12:30pm |
| Sun | Closed |