Contract
The below outlines information about Consultiv Utilities Waste Management, the services we provide, how to contact us and general terms and conditions.
Consultiv Utilities
Consultiv Utilities LTD (company Number 11040368) of 12 Merchant House, Merchant Court, Hebburn, Tyne and Wear, England NE31 2EX.
- Contract commencement and renewal
You will receive a contract schedule detailing the ‘start date’ of the contract for the associated waste management services.
Unless termination notice is placed within the allocated time frame (3 months prior to the contract end date) the contract will automatically renew at the end of the initial period until you advise you wish to cancel. In this instance, we require 60 days’ notice that you with to terminate within the roll over phase.
If you do not expressively agree to these terms, your continued instructions to provide the services, will constitute acceptance of these terms.
- Your waste
In line with the Environmental protection act 1990, we will send you, the Waste Producer, a transfer note which will require your signature. This will need to be signed and returned within 7 days of receipt and will need completing annually or whenever you change service.
You agree:
- Not to contaminate bins with any item that are not specified within the transfer note.
- Ensure all the details within the waste transfer note are accurate and kept up to date
- To comply with the control of pollution Act 1974, the environmental protection (Duty of Care) act 1990
- To put the correct waste in the correct bin, you may be charged if you put incorrect waste in the incorrect bin.
- You accept responsibility and will indemnify us against any losses arising as a result of your breach of this clause 3
- Help us stay the best
- We utilise a network of waste carriers which we carefully chose and can sometimes change to ensure the highest standards are maintained.
- We consistently invest in the development of our people and therefore, from time to time, you may be allocated a new account manager.
- Collection days are subject to change but we will provide notice to you in advance of any scheduled alterations. These changes are to be expected around public holidays and therefore in these instances, no notification will be given.
- You will ensure that on each scheduled collection day:
- Waste will be available inside the bins to correctly collect
- Nothing is obstructing the access to the bins and they are safely accessible
- Health and safety on the site remains your responsibility.
- Consultiv Utilities and its network of suppliers may refuse to carry out their services if either party believe:
- It is unsafe
- It may cause injury or death to an individual(s)
- It may cause damage to any property or,
- It will result in a civil or criminal
- We shall not be liable to you for any costs incurred or losses suffered after such a refusal
- You accept that the records kept by us, of the services supplied, will be adequate proof that we performed the services.
- Additional onsite duties you may require is to do
We reserve the right to charge and invoice you for additional expenses or additional services carried out by Consultiv Utilities or for our supplier being delayed or prevented from collecting the waste.
- Weight limits and cross contamination
Each bin and service provider has an allocated weight limit. In the event the weight limit is exceeded, there will be an excess weight charge in additional to your usual service charge. These charges will be illustrated on your contract schedule.
In the event you regularly exceed your weight limit, we will offer an increase in collection frequencies to prevent unnecessary costs to your business.
- Missed collections
If our suppliers miss your bin collection, you must inform us as soon as possible to rectify the issue. Failure to notify us within 7 days will prevent us from investigating the problem or cause.
Missed collections may be rearranged and we endeavour to rectify this in a timely and effective manner but rely on your communication to assist in notifying us of the missed collection
No refunds or credit notes will be issued where waste services have been delayed. We will speak to the supplier and seek to make sure the waste is removed on the scheduled collection day or at the earliest convenient time and date.
- When we won’t collect your waste
Immediate suspension of services may be imposed if you fail to:
i: Make the scheduled payment on time
ii: Return and transfer note
Upon services being suspended, we will endeavour to rectify this within 30 day.
- Who Collects your waste
Consultiv Utilities only works with fully licensed waste carriers so you can rest comfortably knowing that all services are in line and up to date with current laws and regulations
If you enter into an agreement with a third-party waste provider, it is understood that, even if we agree to deal with the waste supplier, a formal written transfer of the existing contract has not occurred in any circumstances unless agreed in writing by us.
If a third-party waste provider is appointed prior to the termination or expiry of the contract with Consultiv Utilities, additional charges will apply.
- Who Owns your Bins
We appoint suppliers to facilitate the removal of waste and additional services, we therefore do not own the bins however we can arrange the delivery and collection of new / old bins.
The suppliers own the bins and at no point will ownership be transferred to you; they will remain the property of the supplier.
Our suppliers will provide the bins necessary for your business, as illustrated on your schedule of contract, and therefore no additional hire / rental agreement or additional charges will apply unless documented on the schedule of contract.
You will give us immediate written notice in the event of any loss accident or damage to the bins.
At all times you are required to:
Not move or attempt to move the bins away from the premises without prior written consent
Advise us if the bins have moved location on the site
Make sure the bins are safe
Permit us or the suppliers to inspect the bins
Not do or permit to be done ay act or thing which may jeopardise the right, title and/or interest in the bins
Not use the bins for any illegal purpose
Not place the bins on the highway or in a public place and
All us access to any premises here the bins ae located to remove the bins
- Payments
Payments for the services will be made in advance, on the dates detailed in the contract schedule.
You will be issued a monthly invoice showing the sum owed. This will be payable to you and be set up via the reoccurring payment facility as directed to on your payment schedule.
To help with budget certainty, we will work out your annual cost and can spread this across the term as an estimate. Any overweight charges will be added in additional for the relevant month
Following the anniversary of the of the contract, we reserve the right (at our discretion) to review ad increase the monthly invoice sum at any time providing written notice to you, to consider any variation in our costs and such additional charges shall be payable within 14 days after the date of the notice.
You agree to pay the transfer note charge detailed in the contract schedule, as a one time charge for the lifetime of the contract with us, payable on your first invoice.
At the end the end of the contract , a £75 charge per bin container will be charged and payable by you to cover collection, cleansing and disposal of any waste.
We may regularly review your account and make reasonable adjustments to your invoicing to cover technological improvements. Such reasonable charges with be determined by us but may not exceed £30 in any 12 month period.
We reserve the right to pass outstanding accounts to a debt collection agency or lawyers, and pass on all reasonable associated costs which you will pay on demand.
We reserve the right to charge a debt recovery administration
- Cancellation
(a) You can send us a written notice to terminate the contract (without further charges) if received by us not more than three months and not less than one month before the end of your initial term or relevant renewal period.
(b) If you want to end or cancel the contract before the expiry of your initial term or (following a renewal of the contract) before the end of the relevant renewal period, you will still have to pay us for a proportion of the charges which would otherwise be payable as follows: The date on which you terminate Charges which remain payable to us Within 6 months of the contract start date £350 per contract More than 6 months after the contract start date but before the end of the initial term £250 per contract At any time during the renewal period £150 per contract
(c) We may immediately terminate the contract or suspend the services by written notice to you if:
(i) you do not make any payment to us when it is due and still do not make payment within 2 weeks of us reminding you that payment is due; or
(ii) you do not allow us and/or our suppliers access to the premises to supply the services; or (iii) (a) you are unable to pay your debts as they fall due;
(b) you have an administrator or liquidator appointed in connection with your business;
(c) an order is made for winding up;
(d) (being an individual) you shall have a bankruptcy order made against you; or
(e) your financial position deteriorates so far as to reasonably justify the opinion that our ability to give effect to the contract is in jeopardy; or
(iv) you breach any of these terms.
If the contract is terminated by us for any of these reasons, additional charges may apply. (d) We reserve the right to terminate the contract with you at any time by giving you 30 days’ written notice, in which case, if you have pre-paid for the services you will receive a refund of the amount pre-paid for services you will not receive. (e) At the end of the contract: (i) a £75 charge per bin will be payable by you, to cover collection, cleansing and disposal of any residual waste; (ii) you will ensure that the bins that have been made available to you are available for collection by us or our supplier within 2 weeks of the termination or expiry of the contract. Failure to do so will result in the replacement cost of the bins being charged to and payable by you, at the suppliers rate at the time of final collection; and 23/11/2021 5 (iii) you shall immediately pay all charges due for the services and any other amounts due under this contract.
- Who is responsible for safety and liability
(a) You should make sure that there is a safe means of access for the collection of waste to avoid risks to persons or property and that the bins are placed on a flat surface. We reserve the right to refuse to collect waste which is located in a place that we consider unsafe.
(b) Clauses 14(d) to (f) below set out our entire liability (including any liability for the acts and omissions of our employees, agents or supplier) to you in respect of any breach of contract and any representation, statement or tortious act or omission, including negligence, arising under or in connection with the contract. You agree that clauses 14(d) to (f) below are reasonable and reflected in the monthly invoice sum.
(c) You will indemnify us against all losses, claims, costs damages and expenses arising as a result of the breach of contract, negligence, act or omission by you, and your agents, residents, or employees.
(d) We do not limit or exclude our liability (if any) to you for personal injury or death, fraud or any matter which it would be illegal for us to limit or exclude.
(e) Subject to clause 14(d), our total liability to you and for which we shall owe to you and in respect of all claims in any calendar year shall not exceed the total price payable for the services during the 12 months immediately preceding the date on which the claim arose PROVIDED THAT we will be under no liability to you for any indirect or consequential loss including, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss, howsoever caused arising out of or in connection with the performance of the services.
(f) Subject as expressly provided in these conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent allowed by law.
- Insurance
You will take out insurance cover with a reputable insurer for the sum of £5 million per occurrence in respect of employer’s liability and public liability, and any other insurance required by law.
- What you can share about doing business with us
You will obtain written approval from us prior to taking photographs or making publicity releases or announcements in connection with the contract.
- Things we cannot control
We will not be in breach of the contract nor liable for delay in performing, or failure to perform, any of our obligations under the contract, if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we will be entitled to a reasonable extension of the time for performing our obligations. If the period of delay or non-performance continues for 30 days, we may terminate the contract by giving you 30 days written notice.
- The legal stuff
(a) The delay in or failure to enforce any of the terms of the contract by either party shall not be construed, as a waiver of any of that party’s rights.
(b) The contract constitutes the entire agreement between the parties and supersedes, terminates and extinguishes all previous agreements (whether written or otherwise), promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the services. To the extent permitted by law, each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the contract.
(c) We may revise these terms on not less than 30 days’ written notice to you (written notice includes email for the purposes of this clause 17(c)) and the revised terms will be legally binding on you on expiry of such 30 day period. No amendment by you to the contract will be binding on us, unless in writing and signed by us.
(d) This contract is between you and us. No other person shall have any rights to enforce any of its terms.
(e) Each of the clauses of this contract operate separately. If any court or relevant authority decides that any clauses are unlawful or illegal, the remaining clauses will remain in full force and effect.
(f) We may assign, novate and transfer our rights and obligations under the contract to another organisation (including a member of our group or an affiliate). We will always tell you in writing if this happens and we will ensure that the assignment, novation and transfer will not affect your rights under the contract. You may not assign, novate or transfer your rights and obligations under the contract to another organisation or person without our prior written consent.
(g) For the purpose of this contract, the term “writing” includes email but not fax.
(h) These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.