1. BROWN RECYCLING LTD UNDERTAKES
To service the Waste in a proper and efficient manner according to the Advice Note overleaf subject to the following conditions contained in these Terms of Service.
2. THE CUSTOMER UNDERTAKES:
- (1) that the Waste is properly described overleaf and is not notifiable under Section 62 of the Environmental Protection Act, 1990 and will at all times correspond in all material respects with that description.
- (2) that the constituents of the Waste shall be compatible and stable and no hazard will arise through the mixing of such constituents and
- (3) that Brown Recycling Ltd Equipment will not be overloaded or improperly loaded and that no explosive, poisonous or other polluting substance will be placed therein.
These undertakings are absolute and shall continue unimpaired notwithstanding any inspection by Brown Recycling Ltd of its Equipment or of any substance placed therein.
- (1) The customer shall provide a suitable and a safe means of vehicular access for the servicing of the Waste.
- (2) The Customer shall be wholly responsible for the safety of all persons (including the employees and agents of Brown Recycling Ltd) entering within the curtilage of the Customer’s premises.
- (3) The Customer shall bear all risks involved in connection with siting, loading and use of the Equipment, servicing of the Waste at the Customer’s premises and failure to comply with any of the Customer’s obligations in these Terms of Service.
The Customer shall indemnify Brown Recycling Ltd against all proceedings and claims for any loss, damage, personal injury or loss of life arising from any of the Customer’s undertakings and obligations under this Contract howsoever caused except where the Customer can affirmatively establish that the circumstances giving rise to the same were solely attributable to the negligence or wilful act or default of Brown Recycling Ltd or any of its employees or agents.
4. RESPONSIBILITY FOR PROPERTY:
Brown Recycling Ltd shall not be responsible for any property (including personal effects) deposited by the Customer or any other person in the Waste or the Equipment and shall not be bound to return the same nor be liable for any loss or damage thereto. Skips will be placed on owners property at owner’s risk.
5. SERVICING OF WASTE:
Brown Recycling Ltd will endeavour to service the Waste as requested unless delayed or prevented from doing so by circumstances beyond its reasonable control. Brown Recycling Ltd shall not be liable to the Customer or to any third party for any direct or consequential loss caused by any delays in the performance of its obligations.
6. RESPONSIBILITY FOR EQUIPMENT:
- (1) The Customer shall not burn anything in the Equipment nor place any marking on nor sublet or part with possession of any Equipment and shall be responsible to Brown Recycling Ltd for any loss or damage to the Equipment (other than ordinary wear and tear) and for the cost of repairs and expenses resulting from the Customer’s failure to take reasonable care of the same.
- 2) Where the Equipment is placed (whether by Brown Recycling Ltd on the Customer’s instructions or otherwise) on a highway (whether public or private) or any public place the customer shall be absolutely responsible therefore and for the siting and lighting thereof and for obtaining all necessary permissions and licences including those under the Highways Act and for ensuring observance of the terms and conditions thereof.
7. APPLICATION OF TERMS:
- (1) In cases where the Customer has accepted Brown Recycling Ltd formal Quotation for servicing the Waste the servicing shall be subject to such Quotation and the Terms of Service endorsed thereon.
- (2) Subject thereto and to the Waste and its servicing not being hazardous these Terms of Service apply together with the Advice Note overleaf and supersede all other written and verbal agreements, arrangements and representations made at any time between the parties and any conflicting terms of purchase or order sought to be imposed by the Customer. No other terms conditions or warranties express or implied shall be of any effect whatsoever unless in writing and signed by or on behalf of the Customer and Brown Recycling Ltd in each case by a duly authorised representative.
N.B.: IF YOUR WASTE IS HAZARDOUS OR ITS SERVICING INVOLVES HAZARD, OUR TERMS OF SERVICE (HAZARDOUS), OBTAINABLE ON REQUEST, APPLY TO THE EXCLUSION OF THE ABOVE TERMS.