These Terms are agreed between:
(1) FUEL SUCKS and
(2) You, the Customer.
These Terms set out how FUEL SUCKS will make arrangements to collect, recycle, handle, transport, store, dispose or otherwise deal with Products and/or Controlled Waste on your behalf. These Terms will govern any Services that FUEL SUCKS provide to the Customer. FUEL SUCKS will notify the Customer if there are any changes to these Terms. The new Terms will apply to subsequent requests for Service.
Words used in these Terms shall have the meanings given below;
Consignment note: Documentation required under the Environmental Acts for the movement of hazardous waste:
Charges: any fees payable by the Customer for Services as set out in the Service Form or as confirmed as provided in clause 2;
Controlled Waste: any waste as defined in the Environmental Acts and products agreed by FUEL SUCKS to be collected from the Sites as set out in the Service Form;
Customer: the individual and/or organisation which has requested the Services;
Environmental Acts: current and future legislation, (Acts, Regulations, and Codes of Practice and any amendments thereto) with an impact on waste brokerage, health and safety legislation, waste disposal and any other aspect of the Services including transportation (including consignment notes and transfer notes);
Environmental Documentation: papers required by the Environmental Acts as set out in clause 5 below;
EWC: European Waste Code as defined in the Environmental Acts (List of Wastes (England) Regulations 2005, Statutory Instrument 2005 No 895 and subsequent amendments).
Force Majeure Event: any event arising which is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war.
Products: products supplied to the Customer;
Sample: a representative sample of the Controlled Waste for laboratory testing by FUEL SUCKS or other Laboratories to determine its quality;
Services: waste collection and brokerage services and the collection from and supply of Products to the Customer provided in accordance with these Terms;
Site(s): the address(es) for the Service(s);
Sub-Contractors: the sub-contractors FUEL SUCKS select to provide the Services;
Transfer note: Documentation required under the Environmental Acts for the movement of non hazardous and/or hazardous waste.
Waste Container: any waste container supplied by FUEL SUCKS or the customer used by the Customer for the Customers Controlled Waste which is collected by FUEL SUCKS and/or the Sub-Contractor;
- Agreeing Services and changes to Services
2.1 FUEL SUCKS acknowledge that different Customers will wish to use different methods to engage Services from FUEL SUCKS. The Customer agrees that any request for Services whether by telephone, email or fax will only be binding on FUEL SUCKS when an agreed Service Form, has been signed by the Customer and FUEL SUCKS or when FUEL SUCKS have sent a confirmatory email or fax to the customer;
2.2 The Customers Service requirements for the Site may change from time to time. If the Customer requests a change by email, telephone or fax, the change will only be binding on FUEL SUCKS when FUEL SUCKS have sent a confirmatory email or fax to the Customer. The confirmation will set out any changes to these Terms, Charges and any revised Environmental Documentation that may need to be signed by the Customer. FUEL SUCKS are not obliged to continue with the Services until all conditions set out in the confirmatory email and/or fax are complied with to FUEL SUCKS satisfaction.
- FUEL SUCKS responsibilities
3.1 FUEL SUCKS are compliant with the necessary Environmental Acts and FUEL SUCKS may use Sub-Contractors to provide the Services to the Customer.
3.2 FUEL SUCKS will use all reasonable endeavours to ensure that all Sub-Contractors;
3.2.1 are appropriately registered and licensed in accordance with the Environmental Acts;
3.2.2 comply with the Environmental Acts; and
3.2.3 dispose of the Controlled Waste lawfully.
3.3 Subject to the Customers responsibilities (as set out below) FUEL SUCKS will complete, maintain and store appropriate Environmental Documentation as required by the Environmental Acts
3.4 FUEL SUCKS will use all reasonable endeavours to comply with any timetable set out in a request for Services; however, FUEL SUCKS shall not be obliged to supply Services unless at least 48 hours notice is given. If less notice is given FUEL SUCKS may charge an additional call out charge.
3.5 FUEL SUCKS reserve the right to check that:
3.5.1 the Controlled Waste complies with the Environmental Documentation. On these occasions FUEL SUCKS will report any issues to the Customer. This provision does not absolve the Customer from the Customers responsibilities to inform FUEL SUCKS of changes to the Controlled Waste or as required to complete Environmental Documentation;
3.5.2 the Waste is comparable with the Sample.
3.6 FUEL SUCKS reserve the right to refuse to deal with Controlled Waste which does not accord with the Environmental Documentation and/or sample.
3.7 FUEL SUCKS reserves the right to reject any Controlled Waste collected from the Site which does not conform to the Service forms, Environmental Documentation signed by the Customer under clause 5.2 and/or the Sample taken by FUEL SUCKS as referred to in clause 3.5. FUEL SUCKS will then attempt to find an alternative disposal site for the rejected waste as set out in the Environmental Acts. The Customer shall be liable to FUEL SUCKS for the costs associated with the disposal of such a rejected load. If an alternative disposal site cannot be found FUEL SUCKS reserves the right to return the rejected load to the Customer as set out in the Environmental Acts. The Customer shall be liable to FUEL SUCKS for the cost of returning such waste.
- The Customers responsibilities
4.1 The Customer will take all reasonable steps to ensure that Controlled Waste and any containers to be collected from comply with the relevant Environmental Acts.
42 The Customer acknowledges that the Customer remains responsible at all times for the health and safety of the Customers workers and any other person who may be affected by the Customers actions in connection with the use, handling, storage, transport of and access to the controlled waste on the Site.
4.3 Unless otherwise stated when agreeing Services, the Customer remains responsible for packaging the Controlled Waste to ensure that it is safe for transportation.
4.4 The Customer will co-operate with FUEL SUCKS at all times and provide responses to any reasonable request for information promptly. This will include information required to complete the Environmental Documentation.
4,5 The Customer will inform FUEL SUCKS promptly if any of the information given to complete the Environmental Documentation changes (see clause 5 below).
4.6 Whilst FUEL SUCKS endeavour to choose Sub-Contractors carefully, the Customer must report to FUEL SUCKS any instances where the Customer suspects that Controlled waste is being mistreated by the Sub-Contractor.
4.7 The Customer will maintain insurance cover in respect of the Customers indemnities and FUEL SUCKS may request to see a copy of this at any time.
4.8 The Customer is liable and/or responsible for the Controlled Waste whilst it is on their premises.
4.9 The Environmental Acts place obligations on Customers to document certain details about the Controlled Waste and to keep and maintain records and FUEL SUCKS cannot by law and do not assume the Customers obligations.
- Environmental Documentation
5.1 The Environmental Acts place obligations on FUEL SUCKS and the customer to document certain details about the Controlled Waste and to keep appropriate records.
5.2 The Environmental Documentation must be signed by the Customer as appropriate to the Service and the Customer warrants that any information supplied by the Customer will be true and accurate.
This will include but (but is not limited to):
5.2.1 The Site details including where appropriate, premises code and SIC code for the process producing the waste;
5.2.2 The quantity of Controlled Waste and its EWC:
5.2.3 Whether a special Waste Container will be necessary its type/size and packing group;
5.2.4 Whether special transport provision will be necessary;
5.2.5 The process producing the Controlled Waste;
5.2.6 What the Controlled Waste is (Chemical or physical analysis);
5.2.7 Any special handling requirement
5.3 FUEL SUCKS or our sub-contractor will use this information to complete a waste transfer note or a consignment note if one is not supplied by the Customer.
5.4 If the information in the 5.3 does not change it is valid for 1 year from the date of the registration of the premises.
5.5 The Customer is responsible for promptly informing FUEL SUCKS of any changes that may be required to the Environmental Documentation. If the Customer has any queries the Customer should contact FUEL SUCKS without delay.
6, Delivery and access
6.1 The Customer will allow FUEL SUCKS, the Sub-Contractors or any other agent FUEL SUCKS use access to the Site to deliver the Product and/or empty, replace or remove the Waste Containers at any reasonable time.
6.2 The Customer will use all reasonable endeavours to ensure that suitable access to the Site is maintained and that the area designated for the collection of the Waste is suitable for purpose and accessible by any vehicles used by FUEL SUCKS and/or its SubContractors collect. This will include parking, reversing and turning the vehicles. FUEL SUCKS reserves the right to charge for a wasted journey where access is denied or is unsuitable.
6.3 FUEL SUCKS or the Sub-Contractor may refuse to service or access the Site if it is considered to be unsafe or likely to cause damage to any property on the Site and/or the property of either FUEL SUCKS and/or the Sub-Contractors and reserves the right to charge for an abortive journey in such instances.
6.4 The Customer accepts collection between the working hours of 7:00 to 18:00 hours.
6.5 All or any risk for damage or loss to the Product and/or Waste Containers shall pass to and remain with the Customer from the time of delivery to Site to removal from Site, except where the loss or damage results from FUEL SUCKS or the Sub-Contractors negligence or wilful default.
6.6 Time shall not be of the essence in relation to any delivery times or performance requirements provided by FUEL SUCKS and FUEL SUCKS shall use reasonable skill and care to perform the Services in accordance with the Service Form and any changes as agreed under clause 2.
- Charges and payment
7.1 FUEL SUCKS will pay the agreed fuel purchase price within 28 days of the date of collection (“collection date”) and calculation will be based on dry fuel volume; fuel minus water content.
7.2 The Customer will pay any of FUEL SUCKS charges within 30 days of the date of invoice (“Due Date). FUEL SUCKS reserve the right to request payment in advance and/or pro forma invoice basis.
7.3 Any charges implemented as a result of those stated in clauses 7.8-7.8.4 are exclusive of VAT. The Customer will be responsible to pay VAT. FUEL SUCKS will ensure that the invoice includes adequate details of the VAT to be paid.
7.4 FUEL SUCKS reserve the right to suspend Services if any Charge is unpaid by the Due Date. The Customer will be responsible for any additional charges this may incur. Additionally the Customer will pay all sums due at the date of removal and damages (see clauses 8.3 and 8.4 below).
7.5 Any sums due from the Customer which remain outstanding at the Due Date shall attract interest at the rate of 4% above the base rate of the Bank of England until judgement or earlier payment. Such interest shall accrue daily.
7.6 FUEL SUCKS shall be entitled to apply charges at any time to take account of any extraordinary increase in costs to FUEL SUCKS. These costs may include (but are not limited to) increases in disposal costs, fuels costs or duty and any impact on Charges due to Environmental Acts or Government Policy. FUEL SUCKS will endeavour to give the Customer 14 days notice of any increase which affects current Services,
7.7 All prices set out in correspondence and/or quotations are estimates only unless agreed in writing by FUEL SUCKS as a Fixed Price Quotation”.
7.8 FUEL SUCKS may also make implement charges in the event that FUEL SUCKS (or the Sub-Contractors) have difficulties with the following:
7.8.1 access to the Site for delivery of Products or services;
7.8.2 removal of Controlled Waste;
7.8.3 the Controlled Waste differs from that specified by the customer or in the Environmental Documentation and/or the sample (which may require different disposal methods);
7.8.4 Waste collected within timeframe of 5 working days, by another collection company excluding Verdant or it’s sub-contractors.
- Term and termination
8.1 These Terms will be in force from when the Customers first request for Services is confirmed.
82 FUEL SUCKS shall have the right to give the Customer written notice to terminate any or all ongoing Services and/or these Terms immediately if the Customer:
8.2,1 commits any material breach of its duties and fails to remedy that breach within 21 days of written notice of that breach (the 21 day period only applies where a breach is capable of remedy — if it is incapable of remedy, the Services may be terminated by written notice straight away); or
8.2.2 have a winding up petition presented or enter into liquidation whether compulsorily or voluntarily (otherwise than for the purposes of amalgamation or reconstruction without insolvency) or makes an arrangement with its creditors or petitions for an administration order or has a receiver or manager appointed over any of its assets or generally becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.
8.3 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement shall forthwith notify the other and shall inform the other of the period for which it is estimated that such failure or delay will continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event but shall have the right to terminate this Agreement if such event continues for 180 days.
8.4 Termination of Services by either party under this clause shall be without prejudice to any and all other rights and liabilities which have accrued to either party before that date.
9.1 Liabilities and indemnities
9.2 Nothing in this agreement shall operate to exclude or limit either parties liability for:
9.2.1 death or personal injury caused by its negligence; or
9.2.2 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
9.2.3 fraud; or
9.2.4 any other liability which cannot be excluded or limited under applicable law.
9.3 FUEL SUCKS shall not be liable to the Customer for any damage to property or Waste Containers, loss of Waste Containers, nuisance or interference howsoever caused in relation to the Waste Containers, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage, save where such damage or loss results from the negligence of FUEL SUCKS or the Sub-Contractor.
9.4 Subject to clause 9.3, FUEL SUCKS aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with the provision of the Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges paid by the Customer to FUEL SUCKS pursuant to the particular Service request in that calendar year.
9.5 FUEL SUCKS shall not be liable to the Customer in the event that the Customer does not operate or maintain its Site or contain the Controlled Waste in accordance with Environmental Acts.
9.6 During the provision of Services the Customer will make good all loss or damage to the Waste Containers (wear and tear excluded) supplied by FUEL SUCKS and/or its Sub-Contractors.
9.7 The Customer will indemnify and hold FUEL SUCKS harmless against any personal injury claims, demands, actions, costs, charges, expenses, loss, damage or liability to persons or property arising from:
9.7.1 the provision of the Service;
9.7.2 a breach of any obligations and duties under these Terms;
9.7.3 any act or omission or negligence of the Customer, it employees or agents.
9.8 If the Customers waste Container is placed in a position which requires the vehicle delivering it to leave the public highway the Customer will indemnify and hold FUEL SUCKS harmless against any loss, cost, claims, damages or expenses which FUEL SUCKS may incur (or the Sub-Contractor) whether as a result of damage to the vehicle, the Waste Containers, the Customers property, the Site, road or pavement.
9.9 FUEL SUCKS shall not be liable to the Customer for any costs connected with any delay in the delivery of the Services. FUEL SUCKS use reasonable skill and care to ensure that Services are completed on time but due to the nature of the work if there are circumstances which cause a delay FUEL SUCKS will endeavour to notify the Customer as soon as practicable. The Customer is not entitled to any compensation or damages as a consequence. The provisions of this Clause shall remain in full force and effect notwithstanding any breach of these Terms by FUEL SUCKS, and shall apply to any such breach whether or not these Terms and or Services are terminated in consequence to such breach.
- Disputes and law
10.1 If there is a dispute in relation to the Services our respective executives (who have authority to settle the dispute) shall meet promptly to negotiate it.
10.2 If the matter is not resolved through negotiation, the parties will attempt to resolve the dispute in good faith through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution.
10.3 If the matter has not been resolved by an ADR procedure within 30 days of the initiation of that procedure, or if either party will not participate in an ADR procedure, the dispute shall be decided by the High Court of England and Wales and the parties submit to its exclusive jurisdiction for that purpose.
10.4 These Terms shall be governed by the laws of England and Wales and the courts of England shall have exclusive jurisdiction.
11.1 Neither party shall be liable for any delay or failure in performing its duties under these terms caused by any circumstances beyond its reasonable control.
11.2 The parties agree that any person who is not a party to these Terms shall have no right to enforce any term of this Contract against either of the parties under the Contracts (Rights of Third Parties) Act 1999.
11.3 These terms supersede any terms of purchase of the Customer, any prior contracts, arrangements and undertakings between the parties in relation to its subject matter and constitutes the entire contract (the “Contract”) between the parties.
11.4 The Customer agrees that it will have no remedy in respect of any untrue statement made to it upon which it relies in entering into these terms and that its only remedies can be for breach of Contract (unless the statement was made fraudulently).
11.5 If any part of these Terms is held unlawful or unenforceable that part shall be struck out and the remainder of these Terms shall remain in effect.
11.6 No delay, neglect or forbearance by either party in enforcing its rights under these Terms shall be a waiver of or prejudice those rights.
11.7 All notices under these Terms shall be in writing and shall be sent to FUEL SUCKS address as given at the beginning of these Terms or the Customers usual address as provided to FUEL SUCKS. Any notice may be delivered personally or by first class post or by fax and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by fax when confirmation of transmission is received.
11.8 The Customer may not assign these Terms to another party without FUEL SUCKS consent.
11.9 A variation of these Terms must be in writing and signed by or on behalf of both parties to the contract. A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
- Unless otherwise stated, all fuel supplied to FUEL SUCKS is UK road duty paid.