Every quotation and invoice made by Baytree Resource Management Limited (BRML) to a customer shall be subject to the following terms and conditions:
- Every Quotation shall have the effect for the period of 30 days from the date of the quotation unless and until superseded by a subsequent Quotation or as otherwise provided in writing by BRML.
- 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.
- 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.
- 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 8% over the base rate from time to time of HSBC Bank plc calculated daily without prejudice to BRML’s right to receive payment on a due date.
- Fuel surcharges where applicable will be calculated and reviewed monthly.
- Any invoice not queried within seven days of the invoice date shall be deemed correct and payable within these terms.
- Payments for recyclables will be withheld if the account is outstanding, along with fully completed waste transfer notes, and payment for recyclables is based on reciprocal trading terms plus thirty days from collection.
- Before BRML shall accept waste material for disposal or recycling or recovery the Customer shall provide an accurate written description of the waste/sample of the waste, along with the relevant EWC code for the waste. This will enable all parties to discharge their duties in line with pre-acceptance requirements/procedures, and Duty of Care under section 34 of the Environmental Protection Act 1990 (as amended).
- The Customer undertakes that the waste delivered either in bulk, in drums, containers, packages or palletised products shall accord with the description in every respect.
- 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.
- If the description of the waste differs from original samples supplied, or containers are unfit for transport, or following any re-sampling of wastes, the waste shows materially different properties from what was originally supplied then surcharges may be applicable at BRML’s discretion.
- The Customer warrants that the waste collected/delivered shall be stable and shall conform to the description and/or the sample previously supplied and where the waste is contained in multiple units that each shall so conform.
- If the waste does not conform to the Description BRML have the right to reject the waste in which case all extra costs and expenses greater than the payments due under the Quotation shall be borne by the Customer.
- 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.
- 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 of £95.00 per hour, or part thereof, that the vehicle is on site.
- Time shall not be of essence in respect of BRML’s performance pursuant to these terms and conditions.
- 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 involving either party’s employees.
- The Customer shall take out and maintain 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 during or caused by the carrying out of its operations in connection with the waste.
- BRML maintains the right to contra payment in lieu of outstanding charges accrued by the customer.
- 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.
- 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.
- All disputes arising out of or in connection with these Terms and Conditions shall be governed by English Law.