Introduction

These terms are agreed between:

1) Go Green Ltd of River Torne House, 323 Bawtry Road, Doncaster, South Yorkshire DN4 7PB (Company Reg 04073354) (‘We’, ‘Us’)

and

2) You, the Sub-Contractor

 

We are a licensed waste broker and provide facility management services to Customers. We will request Your Services on behalf of Our Customer(s).

These Terms will govern any Services that You provide. We will notify you if there are any changes to these Terms. The new Terms will apply to

subsequent requests for Service.

 

1.  Definitions

Words used in these Terms shall have the meanings given below;

Applicable Acts the Waste Management Acts 1996 to 2011 and all other applicable acts and regulations, including current and future legislation, (Acts, Regulations and Codes of Practice) with an impact on waste brokerage, waste disposal and any other aspect of the Services;

Charges any fees payable by Us for Services;

Controlled Waste any waste produced from household, construction, retail, commercial or industrial Sites;

Customer Our customers;

Required Documentation papers that must be compiled and maintained by Us as a broker including the types and quantities of waste dealt with in the course of business, the origin and final destination of such waste, the treatment, recovery or disposal activities to which waste is subject and, the person by whom such waste is collected in accordance with the Applicable Acts;

Go Green, We, Us Go Green Ltd;

Service Form a form used to agree Services or a Purchase Order; Services waste services provided in accordance with these Terms; Waste Container any waste disposal container provided by You; Site(s) the address (es) for the Service(s);

2.  Agreeing Services and changes to Services

 2.1 We will request Services either;

2.1.2 By submitting a Purchase Order Number; or

2.1.3 By giving an email or fax instruction; where the instruction will detail Sites, required Waste Containers.

2.2 You will confirm Our instructions by email by return where required. If a response is not received, you will be deemed to be accepting our terms by your acceptance of the order.

2.3 You will provide weights and printed weigh bridge tickets for all waste movements unless otherwise agreed within 48 hours.

2.4 Our Service requirements for the Site/Customer may change from time to time. We will request a change by email, telephone or fax. You will confirm any changes to Charges by return and understand that we may need to submit revised Required Documentation for Your signature in due course.

2.5 You will meet Our, changed Service requirements within 24 hours or otherwise agreed timeframe specified by Supplier.

2.6 We reserve the right to check that the Controlled Waste complies with Required Documentation. This provision does not absolve You from Your responsibilities.

 

3.  Your responsibilities

3.1 You will complete Required Documentation as appropriate to the Service, this includes waste tickets/consignment notes. We expect that documentation contains the following.

  • Date
  • Movement Type
  • Site Address
  • Ticket Number
  • WCP Details
  • Vehicle Registration
  • WFP/EPA Licence Details
  • Customer Signature
  • LOW Code          
  • Driver Signature
  • Waste Description
  • Size Of Skip
  • Waste Hierarchy
  • SIC/NACE Code

 

3.2 You must inform Us immediately if the Controlled Waste does not accord with any Required Documentation or Purchase Order We have supplied to You.

3.3 You will, at all times ensure that You; 3.3.1 Are appropriately registered and licensed in accordance with the Applicable Acts;

3.3.2 Comply with the Applicable Acts; and 3.3.3 Dispose of the Controlled Waste lawfully.

3.4 You will provide us with a certified copy of any Applicable Act licence or certificate on request. You will notify Us promptly of any changes made to, or limits placed upon, Your registration under the Applicable Acts. You will notify us in writing of any enforcement notices or prosecutions served or issued against you.

3.5 All Waste Containers must bear fluorescent markings and You will supply beacons and signs as appropriate to the Site/ location of the Waste Container and advise the Customer as to their proper use. Any deviation from this must be agreed with the customer and must be advised at the time of order.

3.6 You remain responsible at all times for the health and safety of Your workers and any other person who may be affected by Your actions in connection with the use, handling, storage, transport of and access to Controlled Waste on the Site.

3.7 You shall not sub-contract any work without written consent from us.

3.8 You shall notify us of any incidents, accidents or near misses occurring on our customer’s sites immediately

3.9 You remain responsible for making waste safe to transport, ensuring it does escape whilst in transit.

3.10 You will co-operate with Us at all times and provide responses to any reasonable request for information promptly. You will promptly notify Us if this information changes.

3.11 You will maintain adequate insurance cover in respect of Your liabilities in these terms or as imposed by Applicable Acts. You will provide us with a copy of Your insurance upon request to a minimum of £5 Million Public Liability Insurance and £5 Million Employer Liability Insurance unless otherwise agreed in writing.

3.12 All Controlled Waste deposited in the Waste Containers shall be Your property upon collection. We expect that all controlled waste is only deposited at a licenced facility (as identified on the purchase order) unless otherwise agreed by Go Green Ltd.

3.13 On delivery of Waste Containers to Site or off Site You will obtain an acceptance signature from the Customer. Unless otherwise agreed in writing by Go Green Ltd.

3.14 Drivers must ensure that they have a copy of their valid driver licence with them at all times.

 

 

4.  Charges and payment

    4.1 We will pay Our Charges within 45 days from the end of the month in which services were provided unless specifically agreed in writing.

    4.2 Charges stated are exclusive of VAT. You will ensure that the invoice includes adequate details of the VAT to be paid.

    4.3 If there is any dispute concerning Charges We will be entitled to make any set–off against any other sum due to You.

    4.4 The supplier may charge interest on any sums due which remain outstanding at the Due Date at the rate of 3% above the base rate of the Bank of England until judgement or earlier payment. Such interest shall accrue daily.

    4.5 You will give Us [1] months written notice of any increase to Charges to take account of any extraordinary increase in Your costs. These costs may include (but are not limited to) increases in disposal costs, fuels costs or duty and any impact on Charges due to Applicable Acts or Government Policy. Any other changes to Charges will not be binding on Us.

    4.6 You will notify Us verbally before leaving site of any additional Charges payable due to difficulties with access to Site for delivery or removal of Controlled Waste, if extra collections are required due to the quantity of Controlled Waste or if the Controlled Waste differs from that specified in the Required Documentation (and may require different disposal methods). Supporting evidence i.e. signed ticket by authorised personnel must be provided within 48 hours of collection. Change in waste types to those specified in the order must also be notified to us verbally prior to leaving site and supporting evidence i.e. signed ticket by authorised personnel or photographic evidence within 48 hours of collection. After leaving site only a photograph can be deemed as evidence if a signed ticket has not been obtained and must be provided within 48 hours. Charges submitted contrary to this clause will not be binding on us.

     

     

    5.  Term and termination

    5.1 We shall have the right to give You written notice to terminate any or all ongoing Services and/or these Terms immediately if You:

    5.1.1 Commit any material breach of Your duties and fails to remedy that breach within 21 days of written notice of that breach (the 21day period only applies where a breach is capable of remedy – if it is incapable of remedy, the Services may be terminated by written notice straight away); or

    5.1.2 Have a winding up petition presented or enter into liquidation whether compulsorily or voluntarily (otherwise that for the purposes of amalgamation or reconstruction without insolvency) or makes an arrangement with its creditors or petitions for an administration order or has a receiver or manager appointed over any of its assets or generally becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.

    5.2 Services may be terminated by Us giving 1 month’s written notice for scheduled collections.

    5.3 Termination of Services under this clause shall be without prejudice to any and all other rights and liabilities which have accrued to either party before that date

     

     

    6.  Liabilities and indemnities

    6.1 If You wish to make a claim resulting from the instances below, all claims must be submitted verbally within 24 hours and in writing within 7 working days of discovering the fact or removal of the waste Container from the Site, whichever is the earliest;

    6.1.1 Corrosion or wear of Waste Containers, other than fair wear and tear;

    6.1.2 Any defacing of the Waste Container or removal of any of Your signage.

    6.2 You will replace any Waste Containers which are not fit for purpose promptly. You shall deliver a replacement container to site within 24 hours of our notification to you.

    6.3 Nothing in this agreement shall operate to exclude or limit either parties’ liability for:

    6.3.1 Death or personal injury caused by its negligence; or

    6.3.2 Any breach of the terms implied by section 10 of the Sale of Goods and Supply of Services Act 1980; or

    6.3.3 Fraud; or

    6.3.4 Any other liability which cannot be excluded or limited under applicable law.

    6.4 We shall not be liable to You for any damage to property or Waste Containers, loss of Waste Containers, nuisance or interference howsoever caused in relation to the Waste Containers, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage, save where such damage or loss results from Our negligence or the Customer.

    6.5 You will indemnify and hold Us harmless against any personal injury claims, demands, actions, costs, charges, expenses, loss, damage or liability to persons or property arising from:

    6.5.1 The provision of the Service;

    6.5.2 A breach of any obligations and duties under these Terms;

    6.5.3 Any act or omission or negligence of Yourself, employees or agents.

    6.6 The provisions of this Clause shall remain in full force and effect notwithstanding any breach of these Terms by Us, and shall apply to any such breach whether or not these Terms / Services are terminated in consequence to such breach.

     

     

     

    7.  Disputes and law 

    7.1 If there is a dispute in relation to the Services our respective senior executives (who have authority to settle the dispute) shall meet promptly to negotiate it. We operate a telephone recording system and all calls will be recorded for the purpose of dispute resolution.

    7.2 If the matter is not resolved through negotiation, the parties will attempt to resolve the dispute in good faith through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution.

    7.3 If the matter has not been resolved by an ADR procedure within 30 days of the initiation of that procedure, or if either party will not participate in an ADR procedure, the dispute shall be decided by the Irish Courts and the parties submit to its exclusive jurisdiction for that purpose.

    7.4 These Terms shall be governed by the laws of Ireland. 

     

     

    8.  General

    8.1 Neither party shall be liable for any delay or failure in performing its duties under these terms caused by any circumstances beyond its reasonable control.

    8.2 The parties agree that any person who is not a party to these Terms shall have no right to enforce any term of this Contract against either of the parties.

    8.3 These terms supersede any prior contracts, arrangements and undertakings between the parties in relation to its subject matter and constitutes the entire contract between the parties relating to that subject matter.

    8.4 You agree that it will have no remedy in respect of any untrue statement made to it upon which it relief in entering into these terms and that its only remedies can be for breach of Contract (unless the statement was made fraudulently).

    8.5 If any part of these Terms is held unlawful or unenforceable that part shall be struck out and the remainder of these Terms shall remain in effect.

    8.6 No delay, neglect or forbearance by either party in enforcing its rights under these Terms shall be a waiver of or prejudice those rights.

    8.7 All notices under these Terms shall be in writing and shall be sent to Our address as given at the beginning of these Terms or Your usual address as provided to Us. Any notice may be delivered personally, or by first class post, email or by fax and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting, reply via email, and if by fax when confirmation of transmission is received.

    8.8 You may not assign these Terms to another party without Our consent.

    8.9 You are acting as an independent contractor and nothing in these Terms shall be interpreted to imply a relationship of agency or partnership.

     

     

     

    Version 2: February 2024