Terms & Conditions

Justin Steward Clearances and Recycling Terms and Conditions 

1.0 DEFINITIONS

1.1 “Justin Steward Clearances and Recycling” and “justinstewardclearances.co.uk” mean Justin Steward Clearances and Recycling, registered 2 Reeder Close, Dereham NR19 1PD, Waste Carriers Licence NO. CBDU127177 SMDC 0032 SMC01 and includes such subsidiary companies of Justin Steward Clearances and Recycling. as may participate in the performance of the contract.
1.2 “Client” means the person, firm or company or other trading organisation to which the services are supplied subject to these conditions.
1.3 “The Service” means:
(a) Removal of Waste and unwanted materials and any subsequent treatment, disposal, or recovery as specified in the full terms and conditions.
(b) Supply of any equipment, containers etc. for use by the client as part of the service in (a) above.
(c) Processing includes the loading operations associated with (a) above, transport, decontamination and any other handling operation associated with (a) above.
1.4 “Waste Materials” means unwanted, redundant surplus equipment, residue, packaging or other waste used by a Client or no longer required by a Client or which a Client wishes to dispose of (See Clause 1.4 of contract for list).
1.5 “Hazardous” means Materials that contain hazardous substances as defined by The Waste (England and Wales) Regulations 2011.
1.6 “The Contract” means the Contract for the provision of the Service by Justin Steward Clearances and Recycling to the Client in the form of agreement to the terms and conditions.
“Waste Transfer Note” means a note under The Waste (England and Wales) Regulations 2011. “Transport Note” means the collection and / or delivery of products and / or services.

2.0 PAYMENT

2.1 The client will pay Justin Steward Clearances and Recycling the charges for the services as indicated on the Contract or Justin Steward Clearances and Recycling standard charges in force at the time of collection. All sums due are payable within 7 working days of the date of the relevant invoice.
2.2 Visits in addition to those set down in the contract for collections or the supply of containers or equipment can be made at the customer’s request but will be subject to additional charges as set down either in the Contract or on Justin Steward Clearances and Recycling schedule of current charges. 
2.3 Justin Steward Clearances and Recycling reserve the right to charge more when appropriate such as when waste has been added to a pre agreed quotation, additional collections are needed, or payment is late. 
2.4. Justin Steward Clearances and Recycling charges on the Contract only apply to the initial 12 month term of the contract after which they are subject to variation. Any increase in Justin Steward Clearances and Recycling charges will be notified to the Client at least 30 days before commencement of the renewal period to which the increase applies. Such notice will not apply to fees or charges levied by a third party.

2.5 If the client fails to make any payment that is due, Justin Steward Clearances and Recycling reserves the right to suspend the provision of any service and apply an additional 8% of the total invoice charges. 

3.0 CLIENT OBLIGATIONS

3.1 The client warrants and agrees that at all times Justin Steward Clearances and Recycling that the Client presents for removal pursuant to the contract shall exclude any materials and substances not included in clause 1.4 of the Contract and agrees that all Waste Material should be placed in the waste storage containers specifically marked and provided for them where applicable but in a suitable and accessible place for the waste where no containers have been provided. Containers will be collected from a suitable, safe access point to the premises.
3.2 The Client will comply with the Control of Pollution Act 1974, The Environmental Protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.
3.3 The Client will, prior to collection, supply Justin Steward Clearances and Recycling with any data or information which Justin Steward Clearances and Recycling considers necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.
3.4 The Client shall hold harmless and indemnify Justin Steward Clearances and Recycling, its directors, officers and employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract or of a breach of legal requirements by the client.

4.0 JUSTIN STEWARD CLEARANCES AND RECYCLING OBLIGATIONS

4.1 Justin Steward Clearances and Recycling agrees at all times to:
(a) carry out the services in a safe, efficient and professional manner;
(b) comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, treatment and recycling of the materials listed in clause 1.4 of the Contract. In this respect Justin Steward Clearances and Recycling warrants that it is (i) the holder of a current and valid Waste Management License pursuant to Section 35 of the Environmental Protection Act 1990 and (ii) a properly registered carrier of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989;
(c) engage as collection agents only (1) properly registered carriers of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989 and (2) to carefully supervise all activities of such collection agents in connection with the Contract.
4.2 Justin Steward Clearances and Recycling shall hold harmless and indemnify the Client against any loss or damage to the environment or property or injury to, or death of, any person caused by any negligent act or omission or wilful misconduct of Justin Steward Clearances and Recycling and its servants, agents or sub-contractors. Except in respect of injury to, or death of, any person (for which no limit applies) the liability of Justin Steward Clearances and Recycling hereunder in respect of each event or series of connected events shall not exceed £1,000,000.
4.3 In the event of a suitable, safe access point from which to collect the waste not being available, then Justin Steward Clearances and Recycling reserve the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then Justin Steward Clearances and Recycling shall not be liable for any damage caused by the operation of transporting the waste to a suitable, safe access point.

5.0 CONDITIONS

5.1 No variations or alterations of these conditions shall be binding on Justin Steward Clearances and Recycling unless agreed in writing by, or on behalf of, Justin Steward Clearances and Recycling by an authorised representative. All orders by the Client for the Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these conditions. Performance of the Services by Justin Steward Clearances and Recycling shall be deemed conclusive evidence of the Client’s acceptance of these Conditions. These conditions shall remain in force until such time as Justin Steward Clearances and Recycling adopts revised conditions and notifies the client of the substitution of these conditions by the revised conditions.
5.2 Nature of waste materials
1. The Customer warrants that the Waste shall subject to condition be non-hazardous and of the type, character and quantities specified in any quotation or waste transfer note and the Customer shall ensure that no material change in the nature of the Waste shall take place during the Contract. Where the Waste differs from the quotation or any waste transfer note the Company reserves the right either to refuse to accept such Waste or to apply additional charges (at rates agreed with the Customer or failing agreement at the Company’s then standard rates) in relation to its collection, disposal or recycling
2. The Customer shall sign a single or multiple consignment waste transfer note declaring the Waste type and shall ensure that the Waste is accurately described when completing the waste transfer note.
3. Justin Steward Clearances and Recycling reserves the right not to accept any waste which by reason of size or weight is difficult to collect or dispose or in respect of which a waste transfer note has not been properly completed and signed.

6.0 TERMS

N6.1 The Contract shall be for an initial term of 12 months unless otherwise agreed in writing. Upon expiry of this 12 month period, the Contract shall be automatically renewed unless either party to the Contract sends written notice of non-renewal to the other party at least sixty days prior to the commencement of the renewal term. In the event that the client terminates the contract within the term, the Client will be liable for the full cost of equipment as supplied by Justin Steward Clearances and Recycling or the cost of the removal of the same.
6.2 In the event that the Client wishes to terminate this Contract at any time other than provided for in 6.1 above the Client agrees to pay Justin Steward Clearances and Recycling as liquidated Damages for the balance of the contract period, a sum equal to pro rata charge based on the average over the last 12 months of Trading.
6.3 Times and Dates quoted by Justin Steward Clearances and Recycling for undertaking the Services are intended as estimates only and will not be of the essence of the Contract in this respect.
6.4 All prices quoted to the Client are exclusive of local government and Central Government fees or any other similar charges so levied on the Handling and Disposal of Waste. These charges will be added to the invoice and paid by the Client.
6.5 We do not accept liability for consequential loss, either specifically or by omission, except for a liability as a direct result of a failure by employees of Justin Steward Clearances and Recycling up to a maximum sum represented by the transport rate charged for the particular consignment. We cannot accept liability in the event of a late collection or delivery.
6.6 The Client shall be liable to pay demurrage for unreasonable detention of any vehicle or trailer at Justin Steward Clearances and Recycling, unless otherwise agreed in writing. The statutory rights of the Carrier against any other person in respect thereof shall remain unaffected. Unreasonable detention is waiting time at the customer’s premises, or further premises and sites nominated by the customer, other than mandatory driver resting time.

7.0 CANCELLATION TERMS 

7.1 Justin Steward Clearances and Recycling operate a 48 hour cancellation policy. If you cancel at least 48 hours prior to the day of your scheduled booking you will not be charged. Cancellations made less than 48 hours prior to the day of the job date will incur a 50% charge of the total quoted amount. If a job has not been cancelled in advance and upon arrival the job does not go ahead a 75% charge will apply to the total quoted amount. 

8.0 VALIDITY

8.1 If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable, in whole or in part, these Terms and Conditions will continue to be valid as to all other provisions and the remainder of the provision.
8.2 These terms and conditions may be updated from time to time. The latest version will be posted on justinstewardclearancs.co.uk and will be valid at the time of posting.

9.0 WAIVER

9.1 No waiver or forbearance by Justin Steward Clearances and Recycling or the Client whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in future.

10. JURISDICTION

10.1 These Terms and Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
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