|
Terms and Conditions
Houghton’s Waste Paper Limited is referred to as ‘the Contractor & the Data Processor’. The Customer is also referred to as the ‘Data Controller’.
1. Conditions of Business
All Services and Equipment ordered from the Contractor are supplied subject only to the following terms and conditions unless otherwise agreed by the Contractor and confirmed in writing upon acceptance of order from the Customer. This agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the agreement and supersedes all previous communications, representations and arrangements, written or oral. The Customer acknowledges that no reliance is placed on any representation made but not embodied in this agreement. The printed terms and conditions of any purchase order or other correspondence and documents of the Customer issued in connection with this agreement will not apply unless expressly accepted in writing by the Contractor.
2. The Service
A. The Contractor undertakes to provide a collection of all confidential and/or recyclable and/or waste material from the Customer’s premises, to transport the same and to arrange for its disposal and/or destruction and/or recycling unless prevented from doing so by circumstances beyond its reasonable control.
B. The Contractor agrees to provide the Customer with skips, wheelie bins, or other Equipment for the storage of material pending collection.
C. Any Equipment supplied by the Contractor shall at all times remain the property of the Contractor. The Customer shall be responsible for its safe keeping and for any damage while under its care and shall not permit its use or movement by any third party without the written consent of the Contractor. The equipment must be returned in the same condition as when provided at the start of the agreement, reasonable wear and tear excepted.
3. Insurance
The Customer accepts full responsibility for the location, care and the use of the Equipment and the material while at the Customer’s premises and shall ensure that its public, employers and fire insurances cover any risks associated with the Equipment in accordance with this acceptance of responsibility and shall also include the Equipment on their insurance schedule at the present replacement value. The Customer accepts full liability for the loss of or damage to the Equipment, from whatever cause, while the Equipment is on hire/loan and will compensate the Contractor for the cost of replacement or refurbishment thereof. The Contractor can ask the Customer to view its Certificate of Insurance at any time.
4. Collection & Delivery
A. All Customers are required to provide specific order instructions to the Contractor detailing all relevant information relating to the collection/delivery including any times during which access will be denied.
B. All collection dates given by the Contractor are business estimates and the Contractor, its employees and agents shall be under no liability whatsoever for any delay in collection howsoever caused.
C. The material shall remain at the Customer’s risk until collected and released to the Contractor, with an approved collection/receipt given, and signed for, by the Customer.
D. Where collection is by installments:
D1. Each collection will be a separate contract and any failure or defect in any one collection shall not invalidate the contracts as to the remaining collections.
D2. Notwithstanding D1 above default in payment or any other breach by the Customer of any contract with the Contractor, shall entitle the Contractor to suspend all collections under any contract, to remove the Equipment at the Customer’s expense and/or to terminate all or part of any contract if the Customer fails after reasonable notice to make such payment or otherwise satisfactorily remedy such breach.
5. Security Shredding Standards
The Contractor will use its reasonable endeavours to comply with the Security Shredding Standards laid down by the United Kingdom Security Shredding Association (UKSSA), and where applicable Principle 7 of the Data Protection Act 1998 when carrying out collections, destruction, recycling or disposal of material supplied by the Customer.
6. DATA PROTECTION ACT 1998 ‘Principle 7 Agreement’
A. Personal Data collected by, delivered to or coming into possession of the Data Processor from the Data Controller shall only be handled for the purpose of carrying out the terms of this Agreement and shall not be released to a third party without the consent in writing of the Data Controller and/or the Data Subject (where appropriate) and in compliance with Principles 1-8 and sections 7, 8 & 9 of the Data Protection Act.
B. Where processing of any personal data is carried out by the Data Processor on behalf of the Data Controller, the Data Processor has taken appropriate technical, organisational and security measures governing the processing to be carried out, and will take reasonable steps to ensure compliance with those measures.
C. Having regard to the state of technological development and the cost of implementing any measures, the Data Controller agrees that the measures taken by the Data Processor ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage as are mentioned in the seventh principle, and the nature of the data to be protected.
D. The Data Processor has also taken reasonable steps to ensure the reliability of any of its employees who have access to the Data Controller’s personal data.
E. The Data Processor will endeavour to comply with any reasonable requests by the Data Controller to inspect the Data Processor’s destruction of Personal Data.
F. The onus is on the Data Controller to ensure that the data is suitable for security shredding/destruction, the Data Controller warranting that it has complied with all of its obligations pursuant to the Act.
7. Payment
A. Materials & Services collected or delivered within the United Kingdom shall be paid within 30 days of delivery of invoice (due date). The price of the service and the Equipment shall be the price from time to time notified to the Customer by the Contractor. Payments outstanding at the due date shall attract interest at 4% over the Bank of England Minimum Lending Rate for the time being in force from the due date until the date of payment.
B. The Contractor may adjust the charges/payments relating to this agreement to cover any legislative, fuel, disposal cost increases or any other cost variables outside of the Contractor’s control notice of which shall be given at the earliest possible opportunity. Any other price increase will be notified to the Customer and will be deemed accepted by the Customer immediately upon the next collection of material by the Contractor following such notification.
C. If the Contractor’s vehicle cannot gain access to the material or equipment and is turned away with no load at any time (subject to the Customer’s right to give 24 hours notice, after arriving at the Customers’ premises, or in the absolute discretion of the Contractor the material or equipment is deemed unsafe to transport this shall be classed as an Aborted Visit. Aborted Visits will be charged at the Customer’s usual service charge rate.
8. Term & Termination
A. This agreement shall remain in force for 1 year unless terminated by the Customer giving ‘three months’ written notice to the Contractor, such notice to expire on the anniversary date of the agreement or the Contractor giving one month’s written notice of termination to the Customer, such notice to expire at any time, and shall continue thereafter from year to year unless terminated in accordance with this clause or clause 8B below.
B. Without Prejudice to any other right or remedy it may have either party may terminate this agreement at any time by notice in writing to the other if the other party is in material breach of this agreement, and/or as provided for in the case of the Contractor in clause 4D2 above and/or in the event of the insolvency of the other party.
9. Segregation
The Services and Equipment are supplied for the collection of confidential and/or recyclable and/or non-hazardous waste material only. It is the Customer’s responsibility to ensure that only the correct material is placed in the Equipment provided. In the event of contamination, material that cannot be recycled will be sorted by the Contractor. The Customer shall be liable for the cost of sorting and the shredding/recycling/disposal of any contaminated material at a rate set by the Contractor. Material destined for security destruction must be free from heavy metals or any items likely to cause damage to industrial shredding machinery. The contractor will take reasonable steps to remove any such objects if detected during the shredding process. The customer shall be liable for any damage caused to the contractor’s machinery as a result of non paper or combustible objects passing through a shredder causing damage or fire.
10. Environmental Protection Act
The Contractor undertakes to dispose of the confidential/recyclable/waste material or transfer it to the holder of a waste disposal or waste management licence appropriate to the waste description and to supply the Customer with a Waste Transfer Note upon request.
11. Claims
A. The Contractor, its employees or agents shall not be liable (without limitation) for any consequential and/or indirect loss or damage, (including loss of profit) howsoever arising.
B. Without prejudice to (A) above the Contractor shall not in any event be liable for any claim unless notified in writing within 7 days of the collection of material or the event giving rise to a claim.
C. Notwithstanding anything to the contrary herein contained the liability of the Company for any breach of contract and/or negligence (other than any liability in respect of death or personal injury) shall be limited to £250,000.
12. Health & Safety
A. The Customer shall ensure that the Equipment is located, used and loaded properly and responsibly in accordance with the Health and Safety at Work Act 1974 and any other relevant statutory provisions.
B. The Customer has the responsibility under the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees.
C. Where the supply of Equipment means that existing risk assessments are no longer valid, the Customer should review their risk assessment.
13. Force Majeure
The Contractor shall be excused from any liability if the performance in whole or in part of the contract is prevented or hindered by cause beyond its control including without limitation by Act of God, War, Terrorism or acts of central or local Government or other competent authority, fire, accident, strike, trade dispute or lockout etc.
14. Governing Law
This agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
| 
