Skip Hire Terms and Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF CONTAINER HIRE SERVICES BY COASTAL RECYCLING
Version 10. Last Updated: 26/7/22
The Customer’s attention is particularly drawn to the following provisions of this agreement:
The siting of Containers and our limitation of liability in connection with that and the indemnity obligations of the Customer in certain circumstances (clauses 3.5, 9.3, 10.2 and 10.3).
Our general Limitations of Liability as set out in clause 9.
The indemnity provisions in clause 10.
Service dates and times cannot be guaranteed and are not time of the essence (clauses 2.2 and 2.3).
The maximum hire period for a Container is two weeks (definition of ‘Services’).
Additional charges may be incurred in certain circumstances (see the definition of ‘Supplemental Charges’ and as set out or referred to in the Schedule).
Please use the Guidance Leaflets when available as these will assist you in managing your Waste correctly in accordance with this agreement and the Law.
Consumers have specific cancellation rights which are set out in clause 12. A cancellation form is available at www.etc if the Consumer wishes to use it. Version: 10 Date:
The obligation on the Customer to correctly identify the waste (Duty of Care and waste classification/characterisation) in clause 5.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
agreement: the agreement between Coastal Recycling and the Customer for the supply of Services consisting of these Conditions and the Waste Transfer Note.
Charges: the charges payable by the Customer for the Services.
Coastal Recycling or Us, Our, We: means Coastal Recycling Services Limited (registered no: 07704562) trading as Coastal Recycling, whose registered address is Units 1 & 2, Mulberry Court, Lustleigh Close, Matford Business Park, Exeter EX2 8PW.
Conditions: these terms and conditions as amended from time to time. Consumer: means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
Container: the container and/or other containment apparatus described in the Waste Transfer Note including related equipment (for example, cones and lamps) to be hired by the Customer to be used to contain Waste or in connection with the containment of Waste.
Controlled Waste: as defined by section 75(4) of the Environmental Protection Act 1990.
Customer or You: means the "Customer/Producer" set out in the Waste Transfer Note. Where the Customer is a Waste Broker, it is the Waste Broker’s duty to ensure it has obtained from the Site all relevant details to complete the Waste Description and comply in all respects with this agreement.
Customer Default: a breach of this agreement by the Customer. Duty of Care: the duty of care for the Treatment of waste set out in S34 of the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) Regulations (as amended).
Good Operating Practice: the exercise of that degree of skill and diligence which would reasonably and ordinarily be expected to be exercised by a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances and conditions as Coastal Recycling.
Guidance Leaflet: the leaflet(s), as may be amended, removed or added to from time to time, produced by Coastal Recycling and available at www.coastaluk.co.uk/guidance giving guidance on (i) the siting (including on a Public Highway) and use of Containers, (ii) what materials may be placed in a Container, (iii) circumstances where any Supplemental Charges may be applied for materials placed in the Container which are either not permitted to be placed in the Container or give rise to additional Treatment costs, (iv) the Customer’s obligations in relation to Waste and its Treatment, (v) Container size and suitability guide and Service Vehicle dimensions and weight, and (vi) such other guidance leaflets that may be added from time to time relating to the Service. Hazardous Waste: as defined by the Hazardous Waste Regulations 2009.
Law: any currently applicable legislation, EU regulation or directive having direct effect, or provision of common law.
List of Wastes: the list of wastes as set out in the EU List of Wastes (Commission Decision 2000/532/EC) and transposed into English Law, as amended from time to time, which prescribes a series of six digit codes for the classification of types of waste.
Losses: all liabilities, claims, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, cost of labour or administration, loss of reputation) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses.
Services: the delivery of a Container for hire by the Customer for a maximum period of two weeks for the deposit of Waste, the collection of the Container and the transfer of that Container to a Treatment Facility and references to Services shall include any part of the Service.
Service Vehicle: the large goods vehicle used to carry out a Service.
Site: the location where the Container is to be delivered in accordance with the Customer’s instructions and set out in the Waste Transfer Note.
Supplemental Charges: the additional Charges set out in the Supplemental Charges Sheet as may be amended from time to time.
Supplemental Charges Sheet: the document setting out the Supplemental Charges and circumstances giving rise to Supplemental Charges as set out therein and in this agreement.
Treatment: reuse, recycling, processing for recycling, further transfer for Treatment, recovery, treatment or disposal or any combination of those things.
Treatment Facility: the facility set out in the Waste Transfer Note at which the Waste (as described by You) will be delivered for Treatment.
Unacceptable Waste: unless agreed in advance in writing, any (i) Hazardous Waste, (ii) liquid wastes, and/or (iii) other waste, substance or material which is not accepted at the Treatment Facility identified in the Waste Transfer Note.
Waiting Fee: as set out in the Supplemental Charges Sheet.
waste: anything put into a Container irrespective, regardless and ignoring whether the person who put it in to the Container was doing so to discard, had an intention to discard or was required to discard.
Waste: any Controlled Waste that is deposited in a Container and any Waste subject to any Supplemental Charges.
Waste Broker: any business who organises Waste services on behalf of its customer
Wasted Journey: a situation where We arrive at a Site to undertake a Service and are unable to carry out a Service through no fault of Us.
Waste Description: the description of the Waste given to Us by You and as set out in the Waste Transfer Note including its List of Waste identification(s). The description of the Waste may, and should if appropriate, include more than one List of Wastes classification.
Waste Transfer Note: the waste transfer note setting out the specified information required in section 34 Environmental Protection Act 1990 in respect of the movement of Waste and the Service.
Working Day: shall be any day excluding weekends and bank holidays.
1.2 The following rules apply to this agreement:
(a) a reference to a party includes its personal representatives, successors or permitted assigns;
(b) a reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(c) the Guidance Leaflet is designed to explain the circumstances where Supplemental Charges may be applied under this agreement. This agreement take precedence but the parties hereby agree that the relevant Guidance Leaflet shall be used to assist in any construction of and intention behind this agreement’s terms and conditions;
(d) unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
(e) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
(f) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. Where the context permits, other and otherwise are illustrative and shall not limit the sense of the words preceding them.
(g) all notices under this agreement must be in writing. A reference to writing or written includes e-mail subject to the conditions in clause 13.5.
2. SUPPLY OF SERVICES
2.1 Coastal Recycling shall:
(a) supply the Services in accordance with these Conditions and Good Operating Practice;
(b) comply with any special Site conditions and safe working procedures notified in advance in writing by the Customer and provided We have agreed, in writing, to these;
(c) transfer the Waste to the Treatment Facility set out in the Waste Transfer Note, which is based on the Waste Description given by You, and in accordance with the Duty of Care and Law.
2.2 Coastal Recycling may in its absolute discretion vary the Services, including the times or dates of performance of the Service, the replacement of Containers or substitution for a different Container (for example, a 6yrd Container instead of an 8yrd Container), as may be necessary due to its reasonable operational requirements and shall, where reasonably possible, give the Customer prior notice of such changes to the Services.
2.3 Time shall not be of the essence in the performance of any Service. In particular, Coastal Recycling may delay the delivery, collection or exchange of a Container.
2.4 If performance of the Services is prevented or delayed by any act or omission by the Customer or by Customer Default:
(a) Coastal Recycling shall not be liable for any Losses sustained or incurred by the Customer as a result of the act, omission or Customer Default;
(b) without limiting its other rights or remedies, Coastal Recycling may, in its absolute discretion, suspend its performance of the Services until the Customer has remedied the cause of the act, omission or Customer Default; and
(c) the Customer shall reimburse Coastal Recycling for any Losses incurred by Coastal Recycling as a result of the act, omission or Customer Default.
3. DELIVERY, SITING AND COLLECTION OF THE CONTAINER
3.1 Coastal Recycling shall deliver the Container to the Site.
3.2 The Customer shall grant such access to the Site as may be required by Coastal Recycling without notice (if necessary) to site, move, replace, exchange, collect or maintain the Container and to perform the Services. 3.3 The Customer shall ensure that there is suitable access and adequate facilities at the Site for manoeuvring the Service vehicle by reference to clause 3.5 (including having regard to the Guidance Leaflet on ‘Container size and suitability and Service vehicle dimensions and weight’) and that all persons acting for and on behalf of Coastal Recycling shall be safe at all times during their visit to the Site. 3.4 The driver of the Service vehicle may in his absolute discretion refuse to carry out any of the Services if he believes (i) that access to the Site or manoeuvring facilities are unsafe or likely to cause damage to the Service vehicle, the Site or any property on the Site or within its vicinity, or (ii) the Container is unsafe to Service (for example, over loaded or loaded so it cannot be transported safely without the risk of Waste not being contained, or containing Unacceptable Waste or Hazardous Waste), whereby in each case the Customer shall be liable for a Supplemental Charge for the Wasted Journey. 3.5 The Guidance Leaflet on ‘Container size and suitability and Service Vehicle dimensions and weight’ contains information about factors to consider when hiring and siting a Container. In particular:
(a) a Container (without and especially with Waste in it) is heavy and when placed or picked up has the potential to damage the ground on which it is sited;
(b) a Service Vehicle is large and heavy and requires minimum height and width clearances to reach the Container and to carry out a Service at the Site;
(c) The Customer must satisfy himself regarding the suitability of the ground over which the Service Vehicle will pass over to undertake the Service. In the majority of situations, a driveway or access way may not be designed to tolerate the weight of the Service Vehicle (for example, paving slabs may break, kerb stones may break, tarmac or other surfacing may dent and/or crack).
(d) a Service Vehicle may use extending legs at its rear to stabilise it when it delivers and collects a Container. Protective pads will be placed under those extendable legs, but they are a focus point for the weight of the Container and a lot of pressure is exerted on those pads at the ends of the extendable legs; 3 (e) a Container must be sited on a level, flat surface and requires a minimum of 1 metre clearance all around it and to be free from and clear of obstacles. (f) a Service Vehicle may have extendable lifting arms, which means the clearance height from any obstacles around the Container must be considered carefully by the Customer; (g) if We are exchanging a Container (swapping your used Container with an empty Container), then the Service Vehicle will need sufficient obstacle-free clearance and space to deliver the empty Container, pick up the used Container and, if appropriate, re-site the empty Container into the same location the used Container was previously sited; (h) a Service Vehicle needs adequate manoeuvrability clearance to carry out a Service. On a Service, the Container (if it is a skip) will rock when it is attached via chains to the Service Vehicle. This rocking is more prevalent when the skip has Waste in it (as it is heavier); (i) We are also often asked to site Containers in locations which will likely give rise to damage on siting (whether on delivery, exchange or collection (for example, over a wall, on a verge, near a tree). If We are asked to site a Container anywhere other than on a flat surface with the required clearances around and over it and via the access way to the Site, We can attempt this but it is at the Customer’s own risk, responsibility and liability (see limitations on liability in clause 9 and clause 10 on Indemnities).
3.6 For the avoidance of any doubt, if the driver of the Service Vehicle has not exercised his discretion in clause 3.4, that does not, and is not intended to, create or establish any basis for either a defence, estoppel or mitigation by the Customer as to the operation of clauses 9.3 and 10.1 to 10.2 (as appropriate) and the Customer hereby irrevocably waives any rights to do so (including pleading such).
3.7 The Customer shall be responsible for obtaining all permissions, licences and consents necessary for the placement of any Container on a highway (whether public or private) or in a public place. At the Customer’s request, We, as the Customer’s agent, will apply for the relevant permission, licence and consent to place the Container on the Public Highway for an additional Charge, but it is the Customer’s responsibility to ensure it complies with the Law for siting and guarding Containers on a Public Highway whist the Container remains on the Public Highway.
3.8 Where the Container is to be sited on a Public Highway the Customer shall comply with Coastal Recycling’s Guidance Leaflet on how to site and guard Containers on a Public Highway. Coastal Recycling shall hire to the Customer traffic cones and lamps as part of the Service. The Customer shall indemnify Coastal Recycling for any Losses arising out of or in connection with the Customer not complying with the Guidance Leaflet and the Law for the siting and guarding of Containers on a Public Highway, including the cost of Coastal Recycling’s workers having to attend the Site to provide additional cones or lamps (because they have been damaged or removed and, in the case of lamps, have ceased working or have not been working between the hours required for the lamps to be illuminated).
4. MAINTENANCE OF THE CONTAINER 4.1 Any Container shall at all times remain the property of Coastal Recycling, and the Customer shall have no right, title or interest in or to any Container (save the right to possession and use of any Container subject to the terms and conditions of this agreement). The Customer shall be liable for any Losses or damage to the Container from its delivery to the Site (including Losses and damage to the Container arising as a result of any Waste, Hazardous Waste or Unacceptable Waste placed in the Container, and fire damage to the Container).
4.2 The Container shall be deemed to be in good working order and condition except for defects not discoverable by a reasonable examination, unless otherwise notified to Coastal Recycling within 3 working days of delivery.
4.3 The Customer shall:
(a) be solely responsible for the safety, security and protection of the Container while it is at the Site;
(b) immediately notify Coastal Recycling if the Container needs maintenance or of any accident or damage to or involving the Container;
(c) not repair, damage or alter the Container in any way, including the removal or interference with any identification mark(s) found thereon;
(d) be liable for and pay for all and any Unacceptable Waste deposited in to the Container;
(e) be liable for and pay any and all Supplemental Charges that may arise in connection with the Service as set out in the Supplemental Charges Sheet;
(f) not overload the Container by filling it beyond its level load (including by using boards on the sides or in the Container to increase its capacity);
(g) ensure that Waste is loaded in manner that prevents Waste or dust from falling out or escaping whilst loading, at rest or in transit;
(h) not burn any matter in the Container or within the vicinity of the Container; (i) not mix Hazardous Waste with Waste or except where the Service is for Hazardous Waste put any Hazardous Waste into a Container; (j) not move the Container without the prior consent of Coastal Recycling unless required to do so forthwith by a member the Police or the Highway Authority in exercise of their duties; and (k) not purport to charge, sub-let or part with possession of the Container;
. WASTE
5.1 The Customer shall complete, or provide the necessary information to enable Us, as agent for the Customer, to complete, one Waste Transfer Note for each Container or Service supplied.
5.2 The Customer warrants, represents and undertakes to Us that;
(a) it is the owner of the Waste;
(b) the Waste Description is at all times true, complete and accurate in all respects;
(c) it has complied with the Duty of Care provisions;
(d) the contents of the Container does not contain: (i) any flammable or pressurised containers, noxious, explosive or dangerous material or is malodourous; (ii) dusty Waste (for example, sawdust, or wood shavings); (iii) offensive Waste (as described in the List of Wastes); (iv) human or animal excrement; (v) clinical waste; (vi) biological or other waste carrying, or which may carry, viruses or diseases (for example, Covid-19); (vii) Hazardous Waste (other than a Container specifically hired for Hazardous Waste); or (viii) any other waste that may be deemed a nuisance.
(e) He has fulfilled his legal requirement to apply the waste hierarchy, as required by Regulation 12 of the Waste (England & Wales) Act 2011, prior to entering this agreement;
(f) he has complied with and followed the relevant Guidance Leaflet(s) in respect of the purpose for which he has hired the Container;
(g) if Hazardous Waste is included in the Service under this agreement, the Customer has complied fully with the Hazardous Waste Regulations 2009;
(h) he will be liable for and shall pay any and all Supplemental Charges arising in respect of a Service; and (i) he has all necessary consents, permissions, licences and authorisations in place, valid and subsisting to allow Us to carry out any Service at the Site.
5.3 Without prejudice to the Customer’s responsibility for the accuracy of the Waste Description, Coastal Recycling may, in its absolute discretion, carry out a waste analysis to ensure compliance with the classification of the waste, the 5 Law and the Duty of Care. The Customer shall pay for the cost of such analysis (see Supplemental Charges for the cost) plus 20% of such cost if that analysis shows the presence of either Unacceptable Waste, Hazardous Waste, or other wastes giving rise to a Supplemental Charge, or any combination of those, that was not specifically identified by the Customer at the time of booking and noted on the Waste Transfer Note.
5.4 Coastal Recycling may:
(a) refuse to collect a Container which is unsafe to Service (for example, over-loaded or loaded so it cannot be transported safely without the risk of Waste not being contained, or containing Unacceptable Waste or Hazardous Waste), in which case the Customer shall be liable for a Supplemental Charge for a Wasted Journey and shall rectify the problem with the Waste in the Container to Our satisfaction;
(b) require the Unacceptable Waste or excess Waste above the level load of the Container to be removed from the Container. If it is not removed within 20 minutes of request whilst the Service Vehicle is at the Site, the Customer shall be liable for a Supplemental Charge for a Wasted Journey and/or shall pay Coastal Recycling a Waiting Fee for each additional 20 minutes or part thereof We wait at the Site for the Unacceptable Waste or excess Waste to be removed; or
(c) collect and dispose of the Waste in the Container and adjust the Charges accordingly to reflect the additional costs incurred as a result, including any Supplemental Charges; or
(d) collect a Container which is over-loaded (provided the driver is satisfied, in his absolute discretion, that it is safe to do so) and the Customer shall be liable for a Supplemental Charge for the excess Waste (see the Supplemental Charges).
6. ASBESTOS
6.1 Where the Service provides for the collection of asbestos Waste the following conditions shall apply:
(a) (except in respect of bonded asbestos where we have agreed in writing otherwise) all asbestos must be double bagged (red bag and then clear bag) or double wrapped in clear plastic sheeting;
(b) where Services are limited to bag collection only, each bag must not exceed 10kg in weight. Any excess weight will incur an additional charge per kg as set out in the Supplemental Charge Sheet; and
(c) Coastal Recycling reserves the right to refuse to collect any Containers or bags containing asbestos where it determines in its absolute discretion that such are not fit for safe transportation.
7. COLLECTION AND DISPOSAL OF WASTE
7.1 Subject always to the maximum hire period of two weeks, the Customer shall inform Coastal Recycling as soon as the Container is ready to be collected or exchanged and provide not less than two
(2) Working Days’ notice that the Container is ready to be collected or exchanged.
7.2 Subject to clause
7.3, Coastal Recycling shall acquire title, but not risk, to the Waste deposited in the Container at the point and time it is deposited in the Container. However, the Customer shall not be relieved of its enduring responsibilities for such contents under this agreement and the Law. Title to and risk (including risk of loss and liability) for any Unacceptable Waste, wastes identified in the Supplemental Charges Sheet or Hazardous Waste shall remain with the Customer and the Customer shall indemnify Coastal Recycling against all Losses (including any Supplemental Charges) arising in connection with the collection, transport and Treatment of any such wastes.
7.3 If the Customer is the subject of any of the matters or events in either clauses 12
(c) or
(d) of this agreement then Coastal Recycling, in its absolute discretion, may by notice in writing to the Customer disclaim title to any Waste in the Container.
7.4 Unless otherwise agreed in writing by Coastal Recycling, nothing in this agreement shall require Us to collect loose Waste from the Site.
8. PAYMENT TERMS
8.1 Customers who have an account with Coastal Recycling shall pay the Charges stated on the invoice (which may include additional Charges accrued in accordance with this agreement and any Supplemental Charges) within 30 days of the invoice date.
8.2 A Customer’s account may be put ‘on stop’ at Coastal Recycling’s absolute discretion and will not be released, and no further Services shall be delivered to that Customer, until Coastal Recycling agrees in writing. This may include the Customer being required to pay all or any outstanding Charges or to pay a sum to bring their account into credit or provide a suitable guarantee.
8.3 A Customer without an account must pay in cleared funds any Charges in respect of the Services in advance before delivery of any Container. The Waste Transfer Note shall be deemed to be the Customer’s invoice. Any additional Charges accrued in accordance with this agreement (including any Supplemental Charges) shall be invoiced separately to the Customer and are payable immediately on payment.
8.4 All invoices shall be deemed correct and accepted by the Customer within 14 days of the date of the invoice unless the Customer (acting in good faith) during that 14 day period has in connection with such invoice (i) set out in writing to Coastal Recycling the nature of the query including the amount in query, and (ii) paid all amounts not in query.
8.5 The Customer shall pay a Daily Hire Fee where it retains the Container in excess of the two week hire period unless previously agreed in writing by Us.
8.6 If a Service includes an advance minimum Charge in respect of an estimated weight of Waste to be collected and the actual weight of the Waste collected is greater than the estimated weight (the weight over the estimated weight being the Excess Weight), the Customer shall immediately on demand pay an additional for that Excess Weight.
8.7 Where any Charge has been paid by a Customer by credit card, the Customer hereby irrevocably authorises Coastal Recycling to take any additional Charges accrued under this agreement (including any amount set out in the Supplemental Charges) from that credit card.
8.8 Time of payment shall be of the essence and Coastal Recycling may charge the Customer interest on overdue payments accruing from day-to-day at the rate of 4% over and above the base rate from time to time of Lloyds Bank Plc.
9. LIMITATION OF LIABILITY:
9.1 Nothing in these Conditions shall limit or exclude Coastal Recycling’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or for fraud.
9.2 Coastal Recycling shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, cost of labour, or any indirect or consequential loss arising under or in connection with any Service or under this agreement.
9.3 Coastal Recycling shall have no liability to the Customer for, and the Indemnity provisions of clauses 10.2 and 10.3 (as appropriate) shall apply to, the following specific scenarios (without prejudice to the generality of clauses 9 and 10.1) for any Losses caused, incurred or sustained (including through damage):
(a) to the Site or property on the Site arising out of or in connection with the siting, exchanging, servicing, moving or collecting of a Container except where, and subject to the limit on liability in clause 9.7, any Losses arise as a result of the deployment of the extendable legs without using the protective pads under them;
(b) to the Site or property on the Site arising out of or in connection with the Service Vehicle accessing and exiting, and manoeuvring on, in and around the Site except where, and subject to the limit on liability in clause 9.7, Our Service Vehicle damages an entrance wall(s) or pillar(s) in the circumstances where the width of the entrance is greater than 50cm each side of the widest part of the Service Vehicle (mirror to mirror, extended);
(c) to any trees, plants, vegetation or ground (soil, grass, etc.) at the Site;
(d) to any pipes or cables (in each case whether underground or over ground), manhole covers or other access covers (including in each case any supporting chambers) on, at or servicing the Site; (e) to the Highway or other land (including property on that land, trees, plants, vegetation or ground (soil, grass, etc.) and any pipes or cables (in each case whether underground or over ground), manhole covers or other access covers (including in each case any supporting chambers) on, at or servicing the Site)) not forming part of the Site if We are asked to site a Container on the Site by, over or in the vicinity of any such things (for example, reversing up a kerb and over a pavement on a Highway, using adjacent or neighbouring land in each case to access the location for the siting of the Container).
9.4 Time is not of the essence of any part of the Service and We cannot specify a Service time (other than to indicate am or pm). We also cannot guarantee that a Service is going to occur on a particular day as our Services can be affected by numerous factors (including vehicle breakdown, driver sickness, driver driving hours and routing problems). Whilst we will endeavour to undertake a Service on the date You have requested, if We do not provide the Service on that date then, without prejudice to clause 9.2, Coastal Recycling shall not be liable to You for any Losses arising howsoever from that (including any labour or other costs).
9.5 No statement, description, information, warranty, condition or recommendation contained in any Guidance Leaflet, any catalogue, price list, advertisement or communication or made verbally by Coastal Recycling shall be construed to enlarge, vary or override in any way any of the provisions of this agreement.
9.6 Coastal Recycling shall not be liable to the Customer for any breach of this agreement caused directly or indirectly by any act or omission of the Customer or Customer Default.
9.7 Coastal Recycling’s total liability to the Customer in respect of all other Losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid by the Customer for the particular Service that has given rise to the liability.
9.8 Coastal Recycling’s liability in respect of the supply of the Services, or any part, (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) shall be limited at Coastal Recycling’s option, to:
(a) re-supplying the Services;
(b) paying the cost of having the Services re-supplied; or
(c) repaying any Charges in respect of the part of the Services in dispute. Any claim made under this clause shall be notified within 48 hours of the time when the failure of the Services was or might reasonably have been discovered by the Customer.
9.9 Except as expressly provided in this agreement, all terms implied by law in relation to the provision of the Services by Coastal Recycling are excluded to the fullest extent permitted by law. 10. INDEMNITIES 10.1 Without prejudice to any other rights or remedies available to Coastal Recycling, the Customer shall fully indemnify Coastal Recycling against all Losses incurred by Coastal Recycling arising out of or in connection with any Customer Default, any breach of Law or this agreement by the Customer:
10.2 Without prejudice to clause 10.1, the Customer shall fully indemnify Coastal Recycling against all Losses incurred by Coastal Recycling arising out of or in connection with any third party claim or action (including in negligence) against Coastal Recycling by any person who has an interest (legal, equitable or both) in the Site for Losses caused, incurred or sustained (including through damage) at the Site arising from any of the matters set out in clause 9.3
(a) to (d) (inclusive).
10.3 Without prejudice to clause 10.1, the Customer shall fully indemnify Coastal Recycling against all Losses incurred by Coastal Recycling arising out of or in connection with any third-party claim or action (including in negligence) against Coastal Recycling by any person who has an interest (legal, equitable or both) for Losses caused, incurred or sustained (including through damage) arising from any of the matters set out in clause 9.3(e).
11. FORCE MAJEURE
11.1 Coastal Recycling shall not be liable to the Customer for any delay in, or failure of, performance of its obligations under this agreement arising from any cause beyond its reasonable control.
12. TERM AND TERMINATION
12.1 This agreement shall commence on the date that the order for Services is placed and shall automatically terminate upon full performance of all obligations by both parties.
12.2 Where the Customer is a Consumer and places the order for Services over the telephone or by electronic means (an email or fax, for example), then the Customer may terminate the agreement by notice in writing (including email or text message) at any time and for any reason within 14 days beginning on and including the day after the date the order for Services was placed, provided that if the Customer has expressly requested that the Services start within the cancellation period then:
(a) if the Services are terminated before delivery of the Container but after the Service has been scheduled, then Coastal Recycling may charge an Admin Fee and shall return all sums paid to them by the Customer, less any applicable deductions. Where payment was made by the Customer in the form of cash, the Customer agrees to accept a refund by electronic means or cheque.
(b) if the Services are terminated after delivery of the Container: (i) Coastal Recycling may charge the Customer a Wasted Journey fee, such sum representing fair compensation for Services provided by Coastal Recycling; and (ii) Coastal Recycling shall arrange for the collection of the empty Container without undue delay and shall return all sums paid to them by the Customer, less any applicable 8 deductions. Where payment was made by the Customer in the form of cash, the Customer agrees to accept a refund by electronic means or cheque.
(c) the right to cancel will be lost upon the completion of the Services which, for the purposes of this clause, shall be deemed to have occurred following the deposit of any waste into the Container.
12.3 Without prejudice to its other rights or remedies, Coastal Recycling may terminate the agreement with immediate effect at any time:
(a) if Coastal Recycling determines that it is not practicable or possible to keep any Containers on Site in good working order;
(b) if there is a Customer Default;
(c) where the Customer is an individual, a creditor of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against the whole or any part of the Customer’s assets and such attachment or process is not discharged within 7 days; or
(d) where the Customer is a company, a resolution is passed or an order is made for the winding up of the Customer; or the Customer becomes subject to an administration order or an administrative receiver is appointed over any of the Customer’s property or assets; or the Customer is insolvent or would be taken to be insolvent under section 123 of the Insolvency Act 1986; or the Customer is dissolved; or the Customer makes or enters into any compromise with any or all of its creditors.
12.4 On termination of the agreement under clause 12.3 (b) to (d) (inclusive):
(a) Customer will pay to Coastal Recycling all Losses incurred by Coastal Recycling as a result of the termination.
(b) Coastal Recycling shall be entitled to charge a Daily Hire Fee for each day or part thereof that the Container is on Site, such sum representing fair compensation for Services provided and the Container being unavailable for use by Coastal Recycling’s other customers.
(c) Coastal Recycling may enter the Site (and the Customer hereby irrevocably grants to Coastal Recycling all such licences, consents and permissions to enter the Site) to reclaim and collect the Container. Where the Container contains waste at the time of collection, Coastal Recycling may: (i) collect the Container and dispose of the Waste in accordance with these Conditions and invoice the Customer accordingly, which may include additional charges in accordance with the Supplemental Charges Sheet; (ii) require removal of the waste from the Container prior to collection and charge the Customer a Daily Hire Fee for each day or part thereof that the Container remains on Site, plus a Wasted Journey charge if this requires Coastal Recycling to return on another day; or (iii) remove the Waste (or any material in the Container) from the Container and leave it at the Site before recovering the Container. Coastal Recycling shall not do this where the Container is sited on a Public Highway.
12.5 The provisions of clauses 2.4, 3.6, 5.2, 7.2-7.3, 8 – 10, 12.4, and 13 shall survive the termination of the agreement.
13. GENERAL
13.1 Taxes. All Charges under this agreement are subject to the prevailing rate of VAT.
13.2 Entire agreement. This agreement sets out the entire agreement and understanding between the parties in respect of its subject matter. The rights, powers and remedies conferred on any party by this agreement and remedies available to any party are cumulative and are additional to any right, power or remedy which it may have under general law. Nothing in this agreement shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. 13.3 Assignment and other dealings. (a) Coastal Recycling may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the agreement and may subcontract or delegate in any manner any or all of its obligations under the agreement to any third party or agent.
(b) The Customer shall not, without the prior written consent of Coastal Recycling, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the agreement.
(c) This agreement shall be binding on and endure for the benefits of the successors in title of the parties. 13.4 Confidentiality. Coastal Recycling and Customer agree that this agreement is confidential and that neither party shall disclose it or any of its content to a third party without the prior written consent of the other.
13.5 Notices.
(a) Notices delivered under this agreement may be by either hand, first class post or email, subject to the conditions in the remainder of this clause 13.5 being met.
(b) Notices delivered by hand or first class post shall be valid only if they are delivered to the other party, in the case of the Customer, to the address of the Customer detailed in the Waste Transfer Note, and in the case of Coastal Recycling, to its registered office. Any notice or document shall be deemed served: if delivered by hand within 2 hours from delivery if delivered by 16:00 on any Working Day, and otherwise the next Working Day; or if posted, 2 Working Days after posting.
(c) Notices delivered by email shall be valid only if they are sent, in the case of Coastal Recycling, to customer.services@coastaluk.co.uk and marked “Notice under the agreement”, and, in the case of the Customer, to the email address provided by the Customer or available from the Customer’s website or other literature. If the Customer does not have or use an email address, then the delivery of notices by email shall not be available to the parties. Any notice or document shall be deemed served by email within 2 hours from delivery if delivered by 16:00 on any Working Day, and otherwise the next Working Day.
(d) This clause 13.5 does not apply to the service of any proceedings or other documents in any legal action.
13.6 Severance. If any provision or part-provision of the agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the agreement.
13.7 Waiver. Failure by Coastal Recycling to exercise or enforce any rights, or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of its rights under this agreement or otherwise.
13.8 Third parties. A person who is not a party to the agreement shall have no rights to enforce any of its terms.
13.9 Variation. Except as set out in these Conditions, no variation of the agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by a director of Coastal Recycling. 13.10 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).