Terms and conditions for Site Solutions (BW) Limited:
Updated January 2024
1 The Terms
1.1 What these Terms cover. These are the terms and conditions on which we supply the Services described below to you. By submitting an order you accept these Terms.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms please contact us to discuss.
1.3 Where you can find our Terms. Our Terms can be found here or by calling or emailing us at the details in Clause 3.3.
1.4 The content of the Terms. Company employees and sub-contractors are not authorised to make any changes or variations to these Terms.
2.1 When the following words with capital letters are used in these Terms, this is what they will mean:
- Law: the requirements of any statute, act, regulation, order, statutory instrument, European Community legislation or directive having direct effect, bye-law, order of any government department, local authority or other public or competent authority, guidelines contained in government waste management papers and codes of practice having the force of law.
- Services: the collection of bulk waste materials or the provision of an outlet for bulk waste materials;
- Terms: the terms and conditions set out in this document.
- Controlled and Hazardous Wastes: Difficult or hazardous wastes as defined by The Hazardous Waste Regulations 2005/2011 or as amended by The Waste Regulations 2011 in England and Wales or The Special Waste Regulations 1996 (as amended) in Scotland.
- You: The individual or corporation placing the order for our Services.
- Us: Site Solutions (BW) Limited or any sub-contractor who we engage to undertake the Services. For the avoidance of doubt, words such as We and Our used in these Terms are also referring to Site Solutions (BW) Limited or any sub-contractor who we engage to undertake the Services.
3 Information about us and how to contact us
3.1 Who we are. Site Solutions (BW) Limited is a waste management company registered in England and Wales. Our company registration number is 06836324 and our registered office is Group Office, Walwyn Road, Colwall, WR13 6EG.
3.2 Who We provide Services to. We provide the Services to commercial (business/trade) customers who are handling large amounts of waste materials.
3.3 How to contact us. You can contact us by calling the telephone number: 01684 353512 or by emailing us at: email@example.com.
3.4 How we may contact You. If we have to contact You we will do so by telephone or by email at the email address You provide to us with Your order. When We use the words “writing” or “written” in these Terms, this includes emails.
4 Our contract with You
4.1 How We will accept your order. You can place an order with Us by telephone, text message or by email. Once We let You know that Your order has been accepted, a contract will come into existence between You and Us. The contract will include Your order and these Terms.
4.2 If We cannot accept Your order. If We are unable to accept Your order, We will inform You of this by email or by telephone. Some Services may not be available in your location.
4.3 We will provide You with the Services. We or Our sub-contractors will provide You with the Services where You have ordered them.
5 Your rights to make changes
5.1 Please contact Us if You wish to change Your order. We will let You know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change.
6 Our responsibility for loss or damage suffered by You
6.1 Consequential losses. We will not be liable for any consequential expenses, liabilities, losses, claims or proceedings whatsoever caused by, or arising out of, the late collection, or failure to collect waste.
6.2 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation
6.3 We will not be liable for damage or injury caused by Your use of Our outlets.
6.4 Limit on liability. Except as set out in clause 6.2, Our liability to You in respect of all claims arising out of the order is limited to 200% of the price paid by You for the Services or £10,000, whichever is greater.
7 Your Obligations with respect to the Services
7.1 You must ensure there is suitable access to provide the Services. If You fail to do so We will not provide Services on agreed date but We may still charge You for Our wasted journey and administration. No responsibility will be accepted by us for damage to any surface over which our collection vehicle has to travel to reach its intended loading position. Under no circumstances are We responsible for sinkage or ground movement on collection associated with the Services. You must notify Us at the time of ordering the Services of any special requirements.
7.2 Acceptance of the Services on site. You accept that any delivery or collection note signed by a person with apparent authority to do so shall be deemed to have been signed by Your authorised representative.
7.3 You must not breach the Law. If You breach the Law and We suffer any loss or there are costs which arise from You breaching the Law then You will have to reimburse Us for all losses and any costs We incur because of Your breach.
7.4 Insurance and notification of accidents. You must show Us a copy of the policy or policies. You are responsible for obtaining all prudent insurance cover, including third party liability, to cover against loss or damages arising from Your use of Our Services. Please note Your responsibilities under Clause 7.8 of these Terms. If Our collection vehicle is involved in any accident at Your site resulting in injury to persons or damage to property You must give Us immediate notice by telephone and confirm it in writing.
7.5 You must ensure that You tell Us what type of waste You are presenting for collection. We may refuse to recycle any waste material that is not correctly described. Where a load is contaminated by waste other than that being collected, We may require additional payment and further information from You before We can tip it. Small amounts of contamination are allowed for, but we reserve the right to reject or charge for sorting any load containing in excess of 3% contamination by weight.
7.6 Moisture content in a load. In general, the moisture content of all wastes must be kept to a minimum and less than 10%. If a load contains moisture at a level that is unacceptable to Our outlet, We may reject the load and return it to You at Your cost. We will inform You of a rejected load before returning it to You and seek an alternative outlet for the material. If We find an alternative outlet for Your rejected material We will inform You of any change in price and further information required and ask You to confirm whether You wish to go ahead.
7.7 You confirm You have full authority to dispose of the waste. We will collect the waste on the basis it is Yours and that You take full responsibility for it. You will protect Us from and pay to Us the amount of any claims made by any other person against Us if the waste is not Yours or You do not have full authority to dispose of it.
7.8 Your responsibilities with respect to Controlled or Hazardous wastes. You must tell Us about any Controlled or Hazardous wastes at the time of booking Our Services. Loads containing Controlled or Hazardous items that You have not informed Us about may be rejected and returned to You. You will be Liable for ALL costs which result from undisclosed Hazardous material in a load which we collect from Your site or which You deliver to Our outlet. It is therefore very important that you have sufficient insurance cover to cover the cost of a major pollution event.
7.9 Title of the waste passes to Us upon collection from Your site until it is tipped and accepted at the recycling site, when the title of the waste passes to the operator of the recycling site. It is not practicable to check every load for contamination, moisture content or for controlled and hazardous wastes upon collection thus when title of the waste passes to Us, Your responsibilities to accept charges under Clauses 7.5 and 7.6 still apply with respect to the waste We have collected from You. If a load is rejected, it will be returned to You at Your cost and title of the waste will revert to You at the point of rejection of the load.
8 Your specific obligations with respect to Skips
8.1 Right of access. If we have placed a skip on Your site for the purposes of collecting a waste material, You must allow Us access to the skip at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.
8.2 You must ensure that any skip we provide is not overflowing. We will not perform the Services if the Skip is overflowing. If the Skip is loaded above the level of the sides in an unsafe manner or compromises the Gross Vehicle Weight (GVW) You will be responsible for reloading or unloading the Skip to make it safe for transportation.
8.3 You must take care of any skip We provide. You must not move, relocate, damage, allow fires in, permanently mark or paint the Skip. The Skip will remain ours or Our sub-contractor’s property. You will not own the Skip. If a Skip is damaged, lost, stolen or permanently marked or painted We may charge You it’s cost of replacement. If a Skip is damaged due to reasonable wear and tear or was damaged whilst We were providing Services We will not charge You a fee.
8.4 Crane rated Skips. You must tell Us at the time of booking the Services if You intend the Skip to be transported on site by a crane. Skips that are being lifted by a crane must be rated for such application.
9 Delivering and Collecting Loads
9.1 Operating hours. Our office hours are 8:30am to 5:00pm on weekdays. We will provide the Services during Our office hours. We may provide the Services outside of Our office hours to suit Your requirements but We cannot guarantee to be able to do so. We may reschedule Services on or around bank or public holidays. We will endeavour to ensure that the requested date for the Services is met, however, due to the nature of the Services no collection or delivery times can be guaranteed and We reserve the right to change the collection or delivery date.
9.2 We are not responsible for delays outside Our control. If Our supply of the Services is delayed by an event outside Our control then We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a delay which means You do not receive the Services on the day for which it was requested, You may contact Us to cancel the order and receive a refund for any Services You have paid for but not received. We recommend that You give us at least three working days’ notice for use of Our Services.
9.3 Delivering loads to Our outlets. When We have made Our outlets available to You to tip waste at an agreed gate fee, You must let Us know when You intend to take in a load. We will not be liable for any losses You incur as a result of waiting times to tip at the outlet. If We are aware of extended waiting times when You are due to tip, We will let You know so that You can reorganise Your delivery.
10 Your rights to cancel the Services
10.1 You have a legal right to cancel the Services if We fail to provide Services on a scheduled date and We still have not provided them within a reasonable period afterwards (except where Our failure was caused by You or something outside of Our control); or We do something else wrong and either it cannot be put right or, if it can be put right, We do not put it right within a reasonable period.
10.2 When You don’t have the right to change Your mind. You do not have a right to change Your mind in respect of Services once they have been completed.
10.3 How We will refund You. If You are due a refund, We will refund You the relevant amount by the method You used for payment. However, We may make deductions from the price, as described below.
10.4 Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind in relation to the Services, We may deduct from any refund an amount for any part of the Services for which We have already incurred costs. This might include a wasted journey fee if You cancel the Services once a delivery journey is already underway.
10.5 When Your refund will be made. We will make any refunds due to You as soon as possible.
11 Our rights to cancel the Services
11.1 We may cancel the Services if You do not, within a reasonable time, allow Us access to provide the Services or You do not comply with Your obligations as set out in Sections 7 and 8 of these Terms.
12 Price and payment
12.1 What You must pay. The Services cost the price We agreed with You during the order process. You agree to pay the minimum agreed tonnage even if your load weighs less than the minimum tonnage.
12.2 Payment of tax. You are liable to pay VAT on the cost of the Services. If the rate of VAT changes between Your order date and the date We supply the Services, We will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.
12.3 How You can pay. We accept payment by credit, debit card or direct bank transfer. We do not accept payment by cash, postal order or cheque.
13 How We may use Your personal information
- to supply the Services to You;
- to process Your payment for the Services; and
- to give You information about similar services that We provide, but You may stop receiving this at any time by contacting us.
13.2 We will only give Your personal information to third parties where the law either requires or allows Us to do so or where it is necessary to provide the Services to You. This may include providing personal information to Our sub-contractors.
14 Other important terms
14.1 We use sub-contractors to provide the Services. You acknowledge that We sub-contract the Services to competent and experienced sub-contractors.
14.2 Nobody else has any rights under this contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2. Neither of Us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Which laws apply to these Terms and where You may bring legal proceedings. These Terms are governed by English law and You can bring legal proceedings in respect of the Services in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Services in either the Scottish or the English courts.
15 Acceptance of these Terms
15.1 Account Customers. When we offer You a credit account, a copy of these Terms will be sent to You and You must sign them and return them to Us in order to activate Your account. By signing these Terms You guarantee payment to Us of all outstanding monies including amounts owed in excess of credit limit and any interest applicable. For existing account customers these Terms apply without the need for formal acceptance.
15.2 Non-Account Customers. If you do not have an account with us, then by submitting an order you accept these Terms.