Terms

Each and every quotation made by Baytree Resource Management Limited (BRML) to a customer shall be subject to the following terms and conditions:

  1. Every Quotation shall have the effect for the period of 30 days from the date of the quotation unless and until superseded by a subsequent Quotation or as otherwise provided in writing by BRML.
  2. Any Terms and Conditions in a Customer Order or a variance with the Terms and Conditions of this Quotation shall have no effect unless agreed in writing by us when accepting the order.
  3. All sums due and payable to BRML are quoted exclusive of value added tax or any other similar levy which will be charged at the current rates applicable at the time payment is due and payable.
  4. Payment terms are strictly thirty days from invoice date unless by prior arrangement. If these terms are exceeded, interest shall accrue on the sum outstanding at the rate of 2% over the base rate from time to time of HSBC Bank plc calculated on a daily basis without prejudice to BRML’s right to receive payment on a due date. Furthermore any invoice not queried within fourteen days of the invoice date shall be deemed correct and payable within these terms. 
  5. Payments for recyclables will be withheld if the account is outstanding.
  6. Before BRML shall accept waste material for disposal or recycling or recovery the Customer shall provide to BRML, either an accurate written description (“Description”) of the waste or a sample of the waste at the sole discretion of BRML not less than seven days before the date on which BRML is due to accept the waste for disposal or recycling or recovery at the facility (“Acceptance Date”) in order that BRML may undertake these services.
  7. The Customer undertakes that the waste delivered to a treatment/transfer station shall accord with the description in each and every respect.
  8. The waste shall be packaged and labelled in accordance with all relevant legislation, rules and regulations, and containers of the waste shall be fit for the purpose and sufficiently durable to prevent harm and health or pollution of the environment and the Customer’s personnel shall be technically competent to handle the waste.
  9. At BRML’s discretion the waste shall be delivered to the treatment and transfer facility 24 hours prior to the Acceptance Date in order that our operatives may test the waste for conformity with the description. The Customer warrants that the waste collected/delivered in bulk to a treatment and transfer facility shall be stable and shall conform to the description and/or the sample previously supplied and where the waste is contained in a number of drums or packages that each drum or package shall so conform.
  10. In the event that the waste does not conform to the Description BRML have the right to reject the waste in which case the Customer shall remove the waste from the facility or treat the waste, in which case all extra costs and expenses greater than the payments due under the Quotation shall be borne by the Customer.
  11. BRML shall not be liable to the Customer in any way whatsoever for customer’s loss, damage, cost and expense however arising whether direct or indirect in connection with BRML’s rejection of waste, and BMRL shall verify the quantity of the waste when the waste is accepted at the facility and in particular its weight of waste delivered, within seventy two hours where possible.
  12. The transport element of the quotation assumes that the vehicle will load within one hour of being on the Customer’s site. If the vehicle is on the customers site for longer than one hour through no fault of BRML, then BRML may charge the customer an additional charge detailed in the original quote for every hour, or part thereof (charged in minimum fifteen minute increments), that the vehicle is on site.
  13. Time shall not be of essence in respect of BRML’s performance pursuant to these terms and conditions.
  14. BRML shall not be liable to the others for non-performance or delay or defective performance of its obligations herein to the extent that the same was caused by factors entirely beyond its control, including labour disputes whether or not involving either party’s employees.
  15. The Customer shall take out and maintain any and all insurance as is necessary to cover his liability in respect of personal injury or death and in respect of injury or damage to property real or personal arising out of or in the course of or caused by the carrying out of its operations in connection with the waste.
  16. BRML maintains the right to contra payment in lieu of outstanding charges accrued by the customer.
  17. The Customer hereby agrees to indemnify BRML against each and every liability which BRML may incur to any person whatsoever and against any claims, demands, proceeds, damages and/or expenses occurred or payable by BRML to the extent that the same arise by reason or any act or omission by the Customer.
  18. If any term, condition or provision of this Agreement is for any reason rendered void, all remaining terms, conditions and provisions shall remain and continue as valid and enforceable obligations of the parties hereto.
  19. All disputes arising out of or in connection with these Terms and Conditions shall be governed by English Law.