Terms and Conditions of Business

Definitions of Terms

1. Definitions of terms used below shall be construed in accordance with those set out overleaf.

Conditions Applicable

2. Not withstanding Clause 4 hereof and unless agreed in writing with the Company, these conditions shall apply to all contracts for the provision of services (“the Services”) by ADS Group (“the Company”) to you (“the Customer”) to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order,, confirmation of order or similar document. In the event of any conflict then the provisions of these conditions shall prevail.
3. All orders for services shall be deemed to be an offer by the Customer to purchase the Services pursuant to these conditions.
4. Any variation to these Conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.

Price and Payment

5. The Price shall be the price set out overleaf and is exclusive of VAT which shall be due at the rate ruling on the date of the Company’s invoice.
6. Payment of the Price and VAT shall be due as set out in Section 3 overleaf. Time for payment shall be of the essence.
7. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above HSBC Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. In addition you will (as appropriate) pay the Company £25 for non-payment of a direct debit and £6 for each reminder letter, fax, phone call or statement.
8. The Price is based on the law and costs current at the Agreement Date and are subject to variation in the light of changes in legislation or increases in costs (including any change in taxes, levies or duties) which may incur at any time during this Contract. The Company will give the Customer as much notice as possible in writing of any proposed increase in price of any of the items comprised within the Services as a result of such changes.

Provision of Services

9. Any additional Services carried out by the Company on the Customer’s behalf in addition to the Services referred to overleaf will be charged to the Customer on a pro rata basis.
10. The Customer will ensure that suitable and adequate access is available to the Company to enable it to provide the Services for the Company’s vehicles and equipment to all parts of the Customer’s site.
11. The Company’s Equipment will be sited as instructed by the Customer who will be responsible for the suitability of the location and will ensure that any necessary permits and/or consents including those of the local authority have been obtained and are complied with.
12. The Company will not be responsible for any default or delay due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, storm or any other event beyond the control of either party.
13. Whilst the Company will make every endeavour to ensure it provides the Services in accordance with the details overleaf, it reserves the right to make reasonable changes to the times and dates of the provision of the Services in order to meet operational requirements and in order to develop and improve the provision of the Services. The Company will endeavour to provide you with reasonable notice of any such changes.

Environmental Issues

14. The Equipment will be used safely for holding the agreed waste material as set out in Section 4 overleaf and for no other purpose whatsoever. The Customer warrants to the Company that all such material will be non toxic and not a special waste as defined in the Control of Pollution (Special Waste) Regulations 1980 as amended or superceded and that the Customer will has an undisputed right of property to such waste which pass to the Company.  The Company and its employees shall be entitled to refuse to collect and dispose of any substance which they have reasonable cause to be toxic, explosive, inflammable or otherwise dangerous or the handling of which under the arrangement made for collection and disposal of which might involve the Company in unreasonable expense or the undue disruption of its working schedule or the breach or the loss of its licences.  The Company may reach specific agreement with the Customer to dispose of such substances subject to the Customer being responsible for all additional costs and charges in relation to such agreements.  Any breach by the Customer of this Clause 13 shall entitle the Company to terminate this Agreement in accordance with Clause 21.
15. The Customer will ensure that all provisions of Section 34 of the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) Regulations 1991 as amended are compiled with including without limitation:

• (i)   The waste material must be adequately contained and not allow to escape;
• (ii)   A waste transfer note must be signed and any changes thereto notified to the Company;
• (iii)   An accurate written description of the waste must be provided.

16. The Customer warrants that it will comply fully with the obligations contained within Conditions 13 and 14 and will indemnify the Company against any costs, losses or damages howsoever arising as a result of its failure so to comply.

Equipment

17. All and every item of equipment or container (“the Equipment”) on hire or used by the Customer shall remain the property of the Company and the Customer shall indemnify the Company against all loss or damage occurring thereto fair wear and tear excepted. The Company reserves the right to charge any costs for repair, cleaning or replacement of the Equipment as a result of the Customer’s neglect.  The Customer must at all times keep the Equipment in a safe pace and shall be responsible for any loss or damage caused to any third party and indemnifies the Company in the event of such loss or damage.
18. The Customer must not:-

(i)   Remove damage or obliterate any of the markings placed on the Equipment by the Company;

(ii)  Overload the Equipment;

(iii)  Sell, charge, sublet, lend or assign the Equipment or assign the benefit;

(iv)  Set fire to the contents of the Equipment.  In the event of damage by fire or any other cause the Customer is deemed responsible for all costs incurred in the repair or replacement of the Equipment.

Indemnity

19. The Customer will make good and indemnify the Company against any loss or damage including consequential loss which the Company may sustain and against any claims made by third parties against the Company (except as a result of negligence by the Company or its employees) arising directly or indirectly from the location or use of the Equipment or the breach by the Customer of any of these Conditions including early termination of this contract.

Limits of Liability

20. The Company shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these Conditions.
21. All warranties and Conditions whether implied by statue or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or effect the statutory rights of a customer dealing as consumer.
22. The Company will not be liable for any damage caused as a result of services, such as: driveways, walls, fences, tarmac, walls, roads, property.

Termination

23. This agreement shall continue for a minimum period of 12 months from the Agreement Date unless specified separately overleaf in Section 3 or unless terminated by the Company at any time as a result of the breach of these Conditions by the Customer. If the Customer breaches this Agreement before the anniversary date the Customer shall pay as a minimum liquidated damages for the remaining period of the Agreement (liquidated damages will be calculated as 40% of the aggregate lift charges and rental charges which would have become payable over the remaining period of the Agreement).
24. The agreement shall, subject to Condition 22 above, continue automatically for successive 12 month periods unless terminated by either party giving to the other 3 months prior written, notice to expire on an anniversary of the Agreement Date.

Jurisdiction

25. This contract is subject to the law of England and Wales.
26. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Assignment

27. The Company may assign licence or sub-contract all or any parts of its rights and obligations under these conditions without the Company’s prior written consent.

General

28. Any termination of this Agreement shall be without prejudice to the accrued rights of either party.
29. If any of these Conditions is held to be invalid or unenforceable that will not effect the validity and enforceability of the remaining Conditions.
30. The Company’s rights will not be effected by any relaxation, forbearance, indulgence or waiver in enforcing these Conditions.
31. Any notice to be served hereunder shall be in writing and shall be delivered either by personal delivery on an authorised officer or individual of the Company or the Customer as the pace may be or by ore-paid recorded delivery mail.

Conditions of Hire – Skip and Waste Management

These Conditions of Hire apply to all skip and waste management services provided by ADS Recycling Limited (“the Company”) to its customers (“the Customer”).

1. Definitions
   • Equipment: Any skip, container, or waste management equipment supplied by the Company.
   • Services: The delivery, hire, collection, and disposal of waste as agreed with the Customer.
   • Site: The location where the Equipment is placed or Services are provided.

2. Hire Period

• The hire period shall commence on the delivery date and continue until collection, unless otherwise agreed in writing.
• Standard hire periods are 14 days, if the hire period is longer ADS Recycling must be informed upon booking of the service. If not, extended hire may incur additional charges.

3. Use of Equipment

• The Equipment must only be used for storing non-hazardous waste, as agreed.
• The Customer shall not:

1. Overload the skip above the fill line.

• 1. Move or reposition the Equipment after delivery.
  2. Set fire to the contents of the skip.
  3. Place hazardous or prohibited materials (e.g., asbestos, chemicals, paint, gas cylinders).

4. Delivery and Access

• The Customer must provide clear, safe access to the delivery site.
• Any delays caused by lack of access may result in additional charges.
• The Company may refuse delivery if it deems the site unsuitable or unsafe.
• The Customer will take full responsibility for any damage occurring as a result of a skip being placed.

5. Permits and Authorisation

• If the skip is to be placed on a public highway, the Customer is responsible for obtaining the required permit from the local authority. The Company may assist, but the cost of such permits will be charged to the Customer.
• The Customer shall ensure the site is compliant with all applicable legal requirements.

6. Waste Types and Duty of Care

• The Customer is responsible for the classification and description of waste and will be liable for any additional fees as a result of change in waste.
• All waste must comply with the Environmental Protection Act 1990 and Duty of Care Regulations.
• A Waste Transfer Note and conditions of hire must be signed and maintained.

7. Liability and Indemnity

• The Equipment remains the property of the Company at all times.
• The Customer is liable for any damage to the Equipment while on hire, excluding fair wear and tear.
• The Customer is liable for any damage caused to property: driveway, land, walls, fences.
• The Customer indemnifies the Company against any claims, losses, or damages arising from:

1. Misuse of Equipment;

• 1. Breach of these Conditions;
  2. Injury or damage caused to third parties by Equipment on site.

8. Charges and Payment

• Prices quoted are exclusive of VAT and any applicable permits or additional charges.
• Payment terms are (payment upon booking unless you have a credit account with ourselves). Late payments may incur interest at [e.g., 2% above base rate] and administration fees.
• Additional charges apply for:

1. Overloaded skips;

• 1. Extended hire;
  2. Wasted journeys or failed collections;
  3. Disposal of prohibited items;
  4. Tyres, mattresses, electricals.

9. Collection and Removal

• The Customer must notify the Company when the skip is ready for collection.
• The Company reserves the right to remove the Equipment at any time for safety, legal compliance, or breach of these terms.
• 48 hours’ notice required to terminate delivery, collection, exchange.

10. Termination

• The Company may terminate the agreement immediately for breach of terms or illegal use of Equipment.
• On termination, the Customer shall allow prompt collection of the Equipment and pay any outstanding charges.

11. Force Majeure

• The Company is not liable for delays or failure in service due to events beyond its control, including but not limited to: extreme weather, strikes, equipment failure, or legal restrictions.

12. Governing Law

• These Conditions shall be governed by and construed in accordance with the laws of England and Wales.
• Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. General

No variation to these Conditions shall be valid unless agreed in writing by the Company. If any clause is found unenforceable, the remaining provisions shall remain in full effect. These Conditions supersede all previous terms and agreements relating to the Services.

14. Customer Acknowledgement and Signature

By signing below, the Customer confirms that they have read, understood, and agreed to be bound by these Conditions of Hire. The Customer accepts full responsibility for the Equipment and the waste deposited within it for the duration of the hire period.