Terms & Conditions

Waste Management

Incoporation of Company’s Conditions

The conditions hereinafter stated are the conditions of the Company in relation to the Services and any such Service is undertaken upon the following conditions unless specifically agreed in writing between the Company and the Customer.

Definitions

In these conditions the following definitions shall have effect unless the context otherwise dictates:

“Company” shall mean Betts Envirometal and includes any of its fellow subsidary or associate companies as may particpate in the performance of the contract for which Betts Envirometal acts as agent in concluding this contract.

“Customer” shall mean the person or firm or Corporation detailed in the duty of care transfer note and shall mean the person, firm or Corporation for who any services are undertaken by the Company.

“Container” shall mean any container, drum, sack or other recpetacle supplied by and/or serviced by the Company.

“Service” shall mean the collection transportation and/or disposal of waste materials and/ or any industrial activity on behalf of the Customer.

Statutory Obligations

It is a term of every contract entered into by the Company that the Customer shall have complied or shall comply with all the requirements of government or any statutory local or public authority in relation to the Service or to the use of any Equipment by the Customer. In particular:

The Customer shall be responsible for ensuring compliance witht he Environmental Protection Act 1990. The Customer shall be responsible for ensuring compiance with the Health & Safety at work Act 1974

Basis of Contract

The Company shall collect and dispose of, or, in appropriate circumstances, recycle,waste aterials subject to these conditions. The Company shall accept special waste rovided a consignment/transfer note for the carriage and disposal is completed in accordance with the Special Waste Regulations 1996. Otherwise the Company will not accept any toxic, dangerous, hazardous or special waste. If the contract provides for the Company to carry out the treatment of waste, this Service will be provided in accordance with the conditions included in the Company’s Control Form, copies of which are available upon request.

Nature of Wast Materials

The waste materials to be collected and disposed shall be of a type, character and quantities specified in the quotation and the Customer shall ensure that no material change in the nature of the waste materials shall take place during the contract. The Company reserve the right not to accept any waste which by reason of size or weight is diffcult to collect or dispose.

Customer’s premises

The Customer must notify the Company before any supply is commenced of any particular requirement of the Cutomers relating to Health & Safety at work and of any hazards, risks or dangers that may arise as a result of the Company or its employees undertaking any Service on the premises of the Customer. The employees or agents shall not be required to undertake any Service outside the terms of the contract and furthermore the Customer shall not request such employees or agents to do so without the Company’s prior agreement.

Customer’s obligation in relation to Containers

The Customer shall be responsible for placing and shall only place ther waste materials referred to in Clause 5 in the Containers.

The Customer warrants that he has the right to place such waste materials in the containers and the property in all waste materials shall pass to the Company upon the same being commenced to be removed, provided there shall have been no breach of the Customer’s obligations.  It shall be a condition that the Customer obseves and performs the following:

  1. All Conatiners to be loaded safely and evenly and no sharp of hot materials are to be placed in any platic container or other container likely to be damaged thereby.
  2. Unless otherwise agreed, no container shall be placed on the highway
  3. No rubbish shall be burned in any container or any fire started or permitted therein by the Customer or any other person
  4. No container shall be removed from the Customer’s premises to which it was delivered without the Comapny’s proor written consent.
  5. No sign lettering, insigno advertising or other device of the Company shall be placed or fixed on any Container.
  6. No sign lettering, insignia advertising or other device of the Company on any container shall be removed or defaced.

The Customer shall at all reasonable times allow the company and any person authorised by it to have access to the equipment to inspect, test, adjust, repair or replace the same as far as possible at times convenient to the Customer. The Customer shall pay a charge at the rate in force at the time of removal of waste which does not meet the description.

Time of Collection

When the Company’s vehicle calls on the Customer to perform any part of the Service, the  Customer shall ensure that the Equipment is readily available at the time of collection by the Company. The Company shall not be under any obligation to carry out any service where the Customers is in breach of this condition, but neverthless the Comapny reserves the right to make a wasted service charge.

Changing circumstances

If it becomes apparent for reasons not disclosed by the Customers or which could not have been forseen by the Company at the time of entering into the contract of commencing the work tthat the Services to be undertaken differ from those originally envisaged, the Company accordingly giving particulars as soon as reasonably practicable after the circumstances become apparent and the Compamny shall be entitled fo payment for the additional work. Shold the Company elect to cease the services in the changed circumstances,t he contract shall be demmed to be terminated. Upon such termination, the company shall to enttitled t charge for anyw ork carried out at the time of termination and to be reimbursed for the costs associated with commitments and liabilities entered into pursuant to the contract and for any Equipment or other items provided or intended to be provided for the purpose of the contract. The Customer shall pay any additional charge’s at the Company’s usual rate occasioned by;

  1. Any additional costs arising from changes to the agreed frequency or volumes of Service as notofied by the Customer
  2. Any delay caused by an act or omission of the Customer

In the case of specialist equipment, customers most recent total monthly charge for service thereof multiplied by the number of months remaining in the Term.

Terms of payment

All payments shall be made by the end of the month following that in which the Service was provided. Other methods of payment can only be made witht he prior approval of the Company. The Customer shall not be entitled to delay or withhold payment on account of any alleged set-off or counter claim. The Company reserves the right to change interest on all sums that remain unpaid after the due date, in accordance with the Late Payment of Commercial Debts (interest) Act 1998, at the rate of 8% (or which ever rate is applied at the time) over the current Bank of England base rate, together with the late payment charges as set out in the Act, until payment is made. Where the charge for Service is liable to VAT, the Customers shall pay an additional amount equivelant to the amount of VAT at the appropriate rate.  The Company reserves the right not to execute any order and to remove any Equipment of the Company if arrangements for payment of the Customer’s account are not in the Company’s discretion satisfactory to the Company and to suspend service to any Customer whose account is overdue for payment or where the Customer is in breach of any of these conditions or where the Company considers that the servive required may place at risk any person, goods, vehicle, Equipment of property.

Terms of Service

The Company is not a common carrier and does not contract as such.

The Company may employ any sub-contractor for the purposes of fulfilling any contract entered into by the Company.

The date of delivery or performance of the Service shall not be of the essence and the Company shall have the right at its discretion to alter the day of performance of the Service.

Where the Company is unable due to Bank or Public Holidays, breakdown or circumstances outside its reasonable control to carry out any Services on the day notified to the Customer, the company shall make all reasonable efforts to carry out Services as soon as practicable thereafter. Property and risk in the waste materials shall pass to the Company at the time of collection but the Customer shall remain liable at all times for any damage caused by the waste materials in breach of this agreement.

Auxiliary Charges

The Company shall be entitled to charge at its current rates from time to time for collection or delivery of Equipment,copy documentation, recycling services or the provision of service tickets where service tickets are not included in the Service operated.

Liability for loss or damage

If a service is required by a Customer involving vehicle movement otherwise that on public highway: the Customer shall afford reasonable, safe and adequate access and space in which loading and unloading operations, delivery and collection may be carried out without risk of damage to the vehicle, its driver or its load and without obstruction to the public highway. The driver of a vehicle providing such a service shall be deemed to be under the control of the Customer whilst on or adjacent to a Customer premises and the Customers shall be solely responsible for any accident or any damage by the weight of its vehicle of its load to any bridges, wires, cables, drains and other services, manholes, roads, paths or any surface or any other property on, above or below the surface of the land and shall indemnify the Company against all claims in respect of legal liability arising therefrom. The Company reserves the right to carry out any Service if it considers that the Service required might place at risk any person, goods, vehicle or property. The Customers attention is drawn to the need to obtain the consent of the Local Authority to cross pavements or to site Equipment on a public highway.

Limitation of liability

Except for defects in the Service which shall have been notified by the Csutomers to the Company in writintg within 14 days after the date of service; the Company shall not be liable for any claim, loss or damage arising under any legal liability for any defect in the Service whether due to any act, neglect, default of the company or its servants or agents or otherwise and all warranties and conditions express or implied are herebye excluded.

In particular (without prejudice to the generality of the foregoing)the Company shall not be liable for any such claim, loss or damage resulting from:

  1. Any circumstance arising outside the reasonable control of the Company
  2. Any instruction given by or any omission of the Customer or his servants or agents
  3. Any inherent or latent defect which the Company could not reasonably have discovered or rectified.
  4. Any material breach by the Customer of any of the Company’s conditions hereof required to be observed or performed by the Customer or
  5. Any damage howsoever caused to any Equipment.

Indemnity by Customer

The Customer shall indemnify the Company against any loss or any damage to any Equipment ocurring or caused during the contiuance of the contact with the Customer. The Customer shall indemnify the Company against claims for which the Customer is legally liable or for any additional costs arising out of the use of any Equipment or the breach by the Customer or any of the conditions hereof required to be observed or performed by the Customer.

Conflict with Customer’s condition

Any conditions contained in a Customers order which comflict with any of these comditions shall be deemed to be inapplicable unless expressly agreed by the Company in writing when acknowledging an order.

Assignment

The Customer shall not be entitled to assign or transfer the benefit of this contract.

Law of Contract

All contacts between the Company and the Customers shall be governed by the Law of England. Any reference to any Act of Parliament Regulation shall include any statutory re-enactment, amendment or modification thereof.

Effect of Headings

The headings to these conditions are for guidance only and are not to be construed as forming part of or in any way limitung the effect of the condition themeselves.

Storage

1.Definitions

  1. Containers means, cardboard boxes, cartons or other containers supplied by us or supplied by you to the specifications approved by us.
  2. Date specified means the specified dates when the Service Agreement is due to expire.
  3. Goods means all and any information storage media including but nor limited to documents, files, paper records, magnetic tapes, rigid and floppy discs, film reels, audio/video cassettes, microfiche and all other materials and things provided by you to us including all related lists, catalogues and indexes, together with all containers and packaging materials used in relation to which are your property.
  4. Premises means the place or places where the services are to be performed and shall include all lifts, staircases and fixtures and fittings.
  5. “Service Agreement” means any agreement between you and us for the provision of Services of the supply of containers or materials, comprising these trading terms and conditions and any other terms agreed in wiriting by the parties and includes any schedules or attachments.
  6. Services means removal, transportation, lifting, handling or storage of the goods or any other services described in the Schedule or are otherwise designated in writing by the parties, as varied or added to in accorance with this Service Agreement and also those additional or other services, activities or benefits provided by us at our discretion in relation to or arising out of the said services.

2.Quotations

This quotation is valid as long as the Services are commenced within 30 days fromt he date of the quotation. We may amend pur Quotation if;

  1. the Quotation is not accepted or you ask us to carry out other servies after 30 days, in which case we will provide you with a further quotation or
  2. You ask us to collect or store additional Goods or to carry out additional services, in such circumstances you must tell us as soon as possible after receipt of this quotation so that we can notify you of the aditional charge, if you tell us on the day of collection, the additional goods will, when practicable, be collected and the additional service will, where practicable, be carried out and we will notify you of the adidtional charge;  or
  3. the services vary from that originally quoted for by reason of deficiency of variation of information provdied by you or by reason of  variance in the agreed volume of goods to be stored.
  4. additional resources or services are required because of an inaccurate verbal risk assessment, unforseen access difficulties, or as a result of compliance with Health and Safety requirements. Additional resources will not be provided until a further price has been agreed with us; or
  5. there is any hinderance, interuption or postponement of the servies or any part of it caused by you, your contractor or agent or caused by circumstances outside our control; or
  6. You require inspection facilities whilst the Goods are in store; or
  7. the Services are carried out outside Our normal working hours, at your request, unless agreed by Us in writing before the date of this quotation; or
  8. Our overheads or operating costs are increased as a result of increased taxes (direct or indirect), road or other tolls, increased fuel cost sor similar circumstances beyond Our control; or
  9. We incur packing charges or fines when delivering or collecting the Goods from Your premises; or
  10. We agree in writing to increase linits of liability set out in clause 13

3. Term

This Service Agreement shall commence from the date the Goods are first collected or delivered to Us for storage until the Date specified and continue in force until the expiry of the frst anniversary. Where there is no Date specified, the term of this Service Agreement shall be for a fixed period of 12 months (the initial term) from the date when the Goods are first coolected or delivered to Us for storage and thereafter for  subsequent fixed terms equal to the initial term.

Either party may terminate the Service Agreement on either an anniversary of the Date Specified in this Service Agreement or on an anniversary of first collection or delivery of Goods to Our premises by giving to the other party not less than 90 days prior notice in advance of the next anniversary in writing.

Either party may terminate this Service Agreement immediately upon giving notice in writing to the other party if either party becomes insolvent or reasonably believes that the other party may be insolvent, makes a general assignment for the benefit of its creditors, suffers or permits the appointment of a receiver or adminstrator, becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign or is wound up or liquidated.

Upon termination for whatever reason, You will pay Us as a permanent withdrawal fee which shall be specified in Our rates. With the exception of any notified claims, all or any liability We may have will cease upon termination of this Service Agreenment.

4. Rates

We will provide all necessary Services for the collection and receiving of the Goods into our Premises, storage, handling and delivery to You or to Your designated agent at agreed rates which will be subject to amendments from time to time.

The Rates set out in this Service Agreement may be increased at any time, upon Us giving You 30 days notice. Upon receipt of the notice, You shall have the option of terminating the Service Agreement and withdrawing all Goods from storage, having paid all charges which have accrued to the date of completion of the withdrawal together with the permanent withdrawal fee, if the Service Agreement is not terminated before the increase takes effect, You shall be deemed to have agreed to the increased rates and shall be liable accordingly. We may make an additional charge or vary Our current prices, where the Services vary from those originally esitmated or quoted for, by reason of a deficiency in variation of the information provided to Us or the provision of further or other Services by Us which in Our opnion are reasonably necessary to properly and safely perform the Services or by reason of a variance in the stated minimum contracted volume. You agree to pay all duties, taxies, levies, charges and impositions of whatever nature which may at any time be enacted or otherwise imposed or levied by any authority in relation to the Services or the Service Agreement.

5. Scope of the Services

Unless otherwise Agreed;

Normal working hours shall be 8.30am to 5.30pm Mondays to Fridays exlcuding public holidays. Extensions to these normal working hours shall be by agreement between the parties.

A retrieval shall be carried out no later than the close of business the following business day of the request. An emergency retrieval shal be carried out within a time agreed between both parties. Emergency retrievals shall be subject to specifically agreed rates.

We agree to provide and You agree to accept the Services upon the terms of the Service Agreement, We may vary the Services and may provide additional Services subject to agreements in writing between You and Us and the provision of such Services is subject to these trading terms and conditions.

We reserve the right to determine the manner in which the Services are provided, having regard not only to Our opinions to the requirements of any partricular Services, but also to other Services being provided to Our other clients and Our operations. We may within 7 days of receipt of the Goods, return the same or any part thereof to You if We at Our discretion shall decide that the Goods are unsuitable for storage or transit by Us and We shall be under no further liability to You in respect of Goods so returned, or collected in accordance with this clause or as otherwise agreed.

You or your authorised agent may by prior appointment be entitled to have access to a desginated collection bay to collect Goods belonging to You and stored by Us under the terms and conditions of the Service Agreement during the current normal working hours excluding weekends and public holidays.  Your staff or Your authorised agent shall produce to Our representative proof of their identity together with a requsition specifying the Goods to be collected signed by Your authorised representative or agent.

We shall not be liable for any loss or damage arising out of Our failure to collect or deliver within a particular period.

 6. Customer Information

You warrant the accuracy of any information given to Us and upon which we rely when performing the Services and in preparing any quotation of the requirements and resources necessary for provision of the Services.  Further You warrant that You have provided all information, whether concerning the Goods, Your business operations or otherwise, both existing and anticpated, which may be relevant to the Servivce or Our assessment of the said requirements or resources.

7. Inventories

Any inventories supplied by Us shall be deemed correct and complete.

We shall not be liable for any loss or damage arising directly or indirectly in respect of any discrepancy, error or omission from them, any discrepancy, error or omission must be notified to Us within seven days after submission to You. Any condition report prepared by Us as to the nature or the quality of the Goods made at the time of delivery or collection shall be accepeted as accurate if You are not present at the time of delivery or collection.

8. Status

We are not a common carrier and nor do We hold Ourselves as a common carrier, nor do We contract as such.

9. Ownership

By accepting the Service Agreement You declare that;

  1.  You are the owner or authorised agent of the owner of the Goods or property wich are subject to this Service Agreement and;
  2. You make this Service Agreement on your behalf and with the full autority of the owner

You agree to indemnify Us against any claims, charges and demands including legal costs made against Us arising from any claim on the Goods made by another party. If the other party has or obtains an interest in the Goods, You must immediately notorfy Us in writing.

10. Route & method

You agree that We may, following notifcation to You;

  1. Interchange the Goods between vehicles and warehouses or other premises at any time
  2. select the route, means the location by which the Goods shall be carreid or stored
  3. employ sub-contractors. If We subcontract any of the Services these conditions will apply to the sub-contractors.
  4. be free to pack, re-pack or rearrange Your Goods at Your expense, upon Your prior written agreement

You warrant to us that,

  1.  staircases, doorways, windows and lifts at the Premises and the means of entry to an exit therefore, may each be used to permit the Services to be done and shall be free from obstruction.
  2. there is suitable and practicable road and approaches free from any obstriction for Our vehicles, to ensure that suitable vehicle access is available and within close proximity of the address and free from parking restrictions.  Where parking restrictions exist or are known to exist, it is Your responsibility to make necessary arrangements for delivery dispensation with the traffc authorities, We reserve the right to recharge fines incurred through difficult parking conditions or delays caused by You.
  3. the Services can be provided without interruption.

11 Hazardous

You agree not to submit for removal or storage anything which is dangerous, damaging or explosive or anything, including food, likely to encourage vermin or pests. You will indemnify Us agaisnt all claims and for any loss or damage that We or someone else may suffer through the presence of any such items or substances amongst your Goods.  We may within 7 days of receipt of Goods return the same or any part thereof to You at Your cost, if we decide that the same is unsuitable for storage.

We shall be under no further liability to You in respect of the Goods returned.

12. Delays

We will use reasonable endeavours to perform the Service within an agreed time.

We shall not be liable for any loss or damage (Whether direct, indirect or of a consequential nature) resulting from Our failue to perform the Services within the agreed time, further, We shall not be liable for any delays in respect of circumstances outside Our control which shall include without limitation, accidents to or breakdown of Our vehicles, machinery or lifts, adverse weather condtions, labor disputes, the effect of parking, waiting, loading regulations or restrictions.  If we are delayed in completing the Services as a result of circumstances beyond Our control, You agree to grant an extension of time to allow Us sufficient time in which to complete the Services. You agree to pay any additional charges incurred to complete the Service as a result of delay or postponement of the Services.

13. Limits of Liability

Unless otherwise agreed with Us, in wriiting, in advance, or as stated in the Service Agreement, if We are negligent or in breach of contract;

  1. We will pay You the salvage value of the Goods to a maximum value of £20 per tonne (equivalant to £0.25 per Container) or proportionate thereof; or
  2. a higher limit of liability agreed with You prior to the Service commencing Our increased liability will be reflected in Our price in accordance with clause 2(j); or
  3. Our liability in respect of damage to premises shall be limited to £200 per Premises or a higher limit of liability agreed between both parties, in writing, before the Services commence. Our increased liability will be refleted in Our price in accordance with Clause 2(j)
  4. We do not know the value of Your Goods. It is your responsiblity to insure Your Good whilst they are in Our custody and control.

14. Service Performance

In the event of a shortfall in the performance of the Services caused by Our sole default, Our liability shall be limited to one of the following (as We may determine)

  1. the supply of the Services, subject to the default again; or
  2. the payment for having the Services supplied again at an agreed cost

15. Exclusions of Liability

We shall not be liable for;

  1. loss or damage caused by fire – it is your responsibility to take out fire insurance to cover Your Goods against the risk.
  2. the accidental erasure of computer or word processor data and/or similar information stored on tapes, disks and the like, You should back up data and software on appropriate media and make alternative transport or storage arrangements for such data and software, unless We have agreed to provide You with media storage under the Service Agremeent; or
  3. loss or damage caused where Goofs have been packed by You, your employees or others; or
  4. loss or damage where Goods have been unpacked by You, your employees or others; or
  5. loss or damage if Goods are removed or delivered to unattended or unoccupied premises or where third parties are present; or
  6. loss or damage caused by vermin providing reasonable steps have been taken to prevent damage by such infestation; or
  7. loss or damage caused by moth or other infestation; or
  8. loss or damage caused by terrorism, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, insurrection or military coup, wear or tear, gradual deterioaton, leakage or deficiency of articles of a perishable or leaky nature, acts of God or circumstances beyond Our control; or
  9. loss of use, loss of enjoyment, loss of profit, loss of contracts, loss of anticpated savings or any other direct or indirect or consequential loss. or
  10. loss or damage sustained by You or any third party as a result of breach of confidentiality howsoever caused. Nor will we be liable to You or any thirdy party for the handing over by Us of any Goods to authorised Officers of the Law or Courts.
  11. 16. Time Limits of Courts

16. Time Limit of Claims

You must notify Us in wirting of specific loss or damage within the limit stated below, otherwise We shall have no liability for;

  1. Goods believed to be lost or damaged – within a reasonable period not exceeding 14 days after the due date of delivery of the Goods; or
  2. Goods removed from Our premises by anyone other than Us – at the time the Goods are checked agaisnt the inventory;or
  3. damage to premises at the timeof delivery of Your Goods by recording such damage on the delivery sheet

Alternative time limits may be agreed in writing with Us prior to the Servicces commencing.

17. Witholding Payment

You agree not to withhold payment onthe grounds that You have a claim against Us

If we are not paid for the Services or for any debt arising in any way associated with the Services, then provided an invoice has been rendered, We may at Our discretion without prejudice to Our other rights;

  1. exercise a lien (general or particular as the case may be) over any of the Goods; and
  2. suspend the provision of all or part of the Services

18. Lien

  1. If our charges are not paid, any Goods will be retained by Us until payment is made. We shall be entitleld to charge for storing these Goods. Any costs incurred in removing them to or from store will be met by You. All charges must bepaid in full befor the Goods can be released.
  2. We shall have a general or particular lien upon all Goods in Our possession for all monies and espenses due from You. If some of the Goods have been delivered, removed, despatched or sold, the general lien shall apply to any Goods that remain in our possesssion. We shall  be entitled to raise storage charges and/or other expenses whilst We maintain the lien on the Goods and all these conditions shall continue to apply.
  3. If Our charges are not paid in full on the due date, interest will be payable at 3% above the rate of the HSBC Bank plc frtom time to time on all monies outstanding.

19. End of Service Agreement/Power of Sale

  1. We shall give You 30 days written notice requiring You to pay all debts, including permanent withdrawal charges. Upon receipt of payment, Goods will be made available to You at designated collection points within Our premises in a method and at a daily volume specifed by Us.
  2. We will continue to levy charges for storage and any Services undertaken (including any interest) until the Goods are removed, and all these conditions shall continue to apply.
  3. If you fail to remove the Goods, We may sell or otherwise dispose of all or part of them without further notice. The proceeds of sale shall be credited to Your storage account or agasint any other payments due to Us. You will be responsible for any costs, including any legal costs, incurred by Us in selling or disposing of the Goods. any surplus proceeds will be paid to You without interest.
  4. If we elect to sell or dispose the Goods, we reserve the righr to continie to charge storage on any Good remaining in store and all these terms and conditions shall continue to apply.

20. Payment

  1. Storage and service charges are due calandar monthly and will be invoiced together. Storage charges are invoiced monthly in advance and all other Services are invoiced monthly in arrears.
  2. all charges are payable within 30 days of the invoice date.
  3. on termination, for whatever reason, We require You to pay forthwith all charges due, including permanent withdrawal charges. Upon receipt of payment, the Goods will be made available to you at a designated collection point within Our premises ina method and at a daily volume specified by Us. We will continue to levy charges for storage and any Services undertaken (including any interest) until the Goods are removed and all these conditions shall continue to apply.

21. Storage – Additional Conditions

  1. Thre is no obligation within this Service Agreement that requires Us to allocate any particular area of space in Our premises for the storage of the Goods or to create a tenancy in respect of the area of space occupied.  We reserve the right to allocate a particular area of space in specific circumstances.
  2. You will provde Us with an address to which all communications are to be sent, You will keep Us advised of any changes of address.
  3. Any report given by Us as to the condition, nature or quality of the Goods made at the time of delivery or collection, if You were not present at that time is conclusive as to such condition.
  4. You will provide Us with the names and specimen signatures of employees or agents authorised by You to provide Us with instructions regarding the Goods, unless there is a written agreement between Us providing other arrangements, we will only act upon Your written instructions,s igned by Your employees or agent whose specimen signatiure has been provided beforehand.
  5. Any change of employees or agents authorised to give instrucitons on your behalf, should be notified to Us promptly in writing.
  6. Any person authorised by You either to have access to or to collect the Goods or any part of them shall produce, upon request, proof of their identity and a signed requisition (the reqisition to be in a form agreed by us) specifying the Goods to be collected. The requsition must be signed by one of Your authorised employees or agents.
  7. On receipt of the appropriate requisition, We shall prepare an inventory of the Goods required, one copy to be signed by way of receipt by the recipient. Where We have agreed to deliver or collect the Goods from an address provided by You, We shall be deemed to have delivered or collected the Goods in fullfillment of the Services if at the address We obtain from or give to any person a receipt or signed delivery docket for the Goods. If You are not the recipient then a  copy of the inventory will be passed to You.
  8. You warrant that the Goods specified in the requisition for collection or delivery are correctly described in the requisition
  9. We shall not be liable for any loss, damage or inconvenience, indcluding direct or consequential losses arising directly or indirectly out of a discrepancy or error or omission contained with the requsiition or inventory as a result of any error on the part of the authorised person collecing the Goods or selecting the Goods to be collected or delivered.
  10. any notice sent to You including any inventory shall be deemed to be served and recieved the day after posting. If sent by pre-paid post to the address registered in accordance with clause 21(b) or, if no address is provided, the last address from which You communicated with Us.
  11. You shall be responsible for the preparation of any record, instruction document or other document reasonably requested by Us for the purpose of or in relation to the provision of the Services.
  12. The Gross weight of any one item shall be as not to compromise the Health & Safety at Work Act 1974 and any re-enactment or amendment therefof or related legislation. We reserve the right not to accept items that, in Our opinion are in poor condiiton, are overweight and/or when the contents exceed the recommended fill line of Our Containers. (As a guide,Our standard archive Container should not exceed 12kgs weight)
  13. You agree to carry out Our reasonable instructions and meet Our reasonable requests which in Our opinion are necessary for the provision of Service.

22. Applicable Law

This Service Agreement is treated as having been made at our Office on this form. If it is in the United Kingdom or the Republic of Ireland the service agreement will be governed by English Law and the juridstiction of the English Courts.

If any provision of this Service Agreement is found by any court or adminstrative body of competent juridstiction to be invalid or unenforceble such invalidity or unenforecability shall not affect the other provisions of this Agrememenbt which shall remain in full force and effect.