Provider: shall mean Advanced Waste Recycling Limited, its successors and assigns, or any person acting on behalf of and with the authority of Advanced Waste Recycling Limited.
Customer: shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation, or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
Guarantor: means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
Goods: shall mean Goods supplied by the Provider to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation, or any other forms as provided by the Provider to the Customer.
Services: shall mean all services supplied by the Provider to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
Price: shall mean the cost of the Goods and/or Services as agreed between the Provider and the Customer subject to clause 3 of this contract.
Hire: shall mean to engage the temporary use of the Goods for a fee.
Hirer: shall mean the organisation and/or individual in whose name a “Hirer” agreement is made.
Acceptance
Any instructions received by the Provider from the Customer for the supply of Goods and/or Services and/or the Customer’s acceptance of Goods and/or Services supplied by the Provider shall constitute acceptance of the terms and conditions contained herein.
Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the Customer, the terms and conditions are irrevocable and can only be amended with the written consent of the Provider.
The Customer undertakes to give the Provider at least fourteen (14) days’ notice of any change in the Customer’s name, address, and/or any other change in the Customer’s details.
Price and Payment
At the Provider’s sole discretion, the Price shall be either:
Based on weight as indicated on invoices provided by the Provider to the Customer in respect of Goods and/or Services supplied; or
Based on the Provider’s quoted Price (subject to clause 3.2) which shall be binding upon the Provider provided that the Customer shall accept the Provider’s quotation in writing within twenty-one (21) days.
The Provider reserves the right to change the Price in the event of a variation to the Provider’s quotation due to:
National inflation;
Increases or decreases at recycling/disposal sites;
Increases in fuel costs; or
Any other unforeseen and/or unexpected increase in the Provider’s costs.
The price for domestic and commercial bin collection may be based on one or more of the following:
The service charge in a chargeable period;
The number of lifts in a chargeable period; and
The weight of the bin contents lifted.
Bin contents are weighed electronically by the Provider’s collection vehicle, and the weight so recorded is final.
At the Provider’s sole discretion, only the contents of the bins will be collected.
The Provider reserves the right, at their sole discretion, to collect loose or excess material placed adjacent to the bin. If excess material is collected, it will be placed inside the bin and weighed. This additional weight will be charged at the Provider’s normal weight charge and invoiced to the Customer’s account. Additional waste collection may be subject to additional charges at the Provider’s sole discretion.
Where the Customer includes hazardous waste for disposal, the Provider will levy additional charges. These charges will be noted separately on an invoice and become immediately payable by the Customer.
At the Provider’s sole discretion, a deposit may be required.
Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, payment shall be due thirty (30) days following the date of the invoice.
At the Provider’s sole discretion:
Payment shall be due on delivery of the Goods and/or Services; or
Payment shall be due on foot of a pro-forma invoice before delivery of the Goods and/or Services; or
Payment for approved Customers shall be made by instalments in accordance with the Provider’s payment schedule.
Payment will be made by cash, cheque, bank cheque, postal order, credit card, direct credit, or by any other method as agreed between the Customer and the Provider.
VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
Delivery of Goods
At the Provider’s sole discretion, delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer’s address (in the event that the Goods are delivered by the Provider).
The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, the Provider shall be entitled to charge a reasonable fee for redelivery.
Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
The Provider may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased, provided that:
Such discrepancy in quantity shall not exceed 5%.
The Price shall be adjusted pro rata to the discrepancy.
The failure of the Provider to deliver shall not entitle either party to treat this contract as repudiated.
The Provider shall not be liable for any loss or damage whatsoever due to failure by the Provider to deliver the Goods and/or Services (or any of them) promptly or at all.
Risk
Access to the Civic Amenity Centre, the Provider’s offices, and any part of the Provider’s premises is at the Customer’s or visitor’s sole risk. The Provider will accept no responsibility for loss or damage caused while on the Provider’s property, howsoever caused, including but not limited to negligence on behalf of the Provider, their employees, agents, or assigns.
If the Provider retains ownership of the Goods, all risk for the Goods passes to the Customer on delivery.
If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Provider is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Provider is sufficient evidence of the Provider’s rights to receive the insurance proceeds without the need for any person dealing with the Provider to make further enquiries.
Title
It is the intention of the Provider and agreed by the Customer that ownership of the Goods shall not pass until:
The Customer has paid all amounts owing for the particular Goods; and
The Customer has met all other obligations due by the Customer to the Provider in respect of all contracts between the Provider and the Customer.
Receipt by the Provider of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised, and until then the Provider’s ownership or rights in respect of the Goods shall continue.
It is further agreed that:
Where practicable, the Goods shall be kept separate and identifiable until the Provider shall have received payment and all other obligations of the Customer are met;
Until such time as ownership of the Goods shall pass from the Provider to the Customer, the Provider may give notice in writing to the Customer to return the Goods or any of them to the Provider. Upon such notice, the rights of the Customer to obtain ownership or any other interest in the Goods shall cease;
The Provider shall have the right of stopping the Goods in transit whether or not delivery has been made;
The Customer shall not deal with the money of the Provider in any way which may be adverse to the Provider; and
The Customer shall not charge the Goods in any way, nor grant or otherwise give any interest in the Goods while they remain the property of the Provider.
Customer’s Disclaimer
The Customer hereby disclaims any right to rescind or cancel the contract, to sue for damages, or to claim restitution arising out of any misrepresentation made to the Customer by the Provider. The Customer acknowledges that the Goods and/or Services are purchased relying solely upon the Customer’s skill and judgment.
Defects
The Customer shall inspect the Goods on delivery and shall within three (3) days notify the Provider of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The Customer shall afford the Provider an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer fails to comply with these provisions, the Goods shall be presumed to be free from any defect or damage.
For defective Goods which the Provider has agreed in writing that the Customer is entitled to reject, the Provider’s liability is limited, at the Provider’s sole discretion, to either replacing the Goods or repairing the Goods.
Warranty
To the extent permitted by statute, no warranty is given by the Provider as to the quality or suitability of the Goods and/or Services for any purpose and any implied warranty is expressly excluded. The Provider shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof, however arising.
Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Customer is contracting within the terms of a trade or business, which cases are specifically excluded.
Notwithstanding clause 10.1, nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12–15), the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws, or legislation.
In particular, where the Customer buys Goods and/or Services as a consumer, Clauses 8 and 9 shall be subject to any laws or legislation governing the rights of consumers.
Hire Terms
Immediately on request by the Provider, the Hirer shall pay:
all costs of repairing any damage caused by the ordinary use of the Goods up to an amount equal to fifty percent (50%) of the new list price of the Goods; and
the full cost of repairing any damage to the Goods caused by the negligence of the Hirer or the Hirer’s agent; and
the full cost of repairing any damage to the Goods caused by vandalism or, in the Provider’s reasonable opinion, in any way whatsoever other than by the ordinary use of the Goods by the Hirer.
Hirer’s Responsibilities
The Hirer shall:
take the Goods on simple hire for the minimum specified period as agreed between the Provider and the Customer and thereafter on a rolling basis from week to week, month to month, or year to year until terminated by either party on thirty (30) days’ written notice; and
notify the Provider immediately by telephone of the full circumstances of any accident involving the Goods, without prejudice to the Hirer’s obligation to safeguard the Goods; and
keep the Goods in their own possession and control, not assign the benefit of the hire contract nor claim any lien over the Goods, and accept full responsibility for the safekeeping of the Goods, indemnifying the Provider against all loss, theft, or damage howsoever caused, whether or not attributable to any negligence, failure, or omission of the Provider; and
accept full responsibility for and indemnify the Provider against all claims for injury to persons or damage to property arising out of the use of the Goods during the hire period, however caused, including where the Goods are being serviced by the Provider, its servants, or agents; and
accept full responsibility for all costs or liabilities arising from the Goods obstructing persons or property, being located improperly, or where fines, towing, seizure, or impoundment costs are incurred while the Goods are in the Hirer’s custody; and
provide free and unhindered access to the Goods at all times. Where access is delayed or unavailable, the Hirer shall reimburse the Provider for all lost hire fees and any additional expenses incurred as a result.
Default & Consequences of Default
Interest on overdue invoices shall accrue daily from the date payment becomes due until the date of payment at a rate of 2.5% per calendar month, compounded monthly both before and after judgment.
If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Provider against all costs and disbursements incurred in pursuing the debt, including legal costs on a solicitor and own client basis and collection agency fees.
Without prejudice to any other remedies available, if the Customer breaches any obligation (including payment obligations), the Provider may suspend or terminate the supply of Goods and/or Services and any related obligations. The Provider shall not be liable for any loss or damage arising from exercising its rights under this clause.
Where any account remains overdue for more than thirty (30) days, an administration fee of the greater of €20.00 or ten percent (10%) of the overdue amount (subject to a maximum of €200.00) shall be levied and become immediately payable.
Without prejudice to the Provider’s other remedies at law, the Provider may cancel all or part of any unperformed order and demand immediate payment of all outstanding sums if:
any amount payable to the Provider becomes overdue or the Provider reasonably believes the Customer cannot meet its payment obligations; or
the Customer becomes insolvent, enters into an arrangement with creditors, or makes an assignment for the benefit of creditors; or
a receiver, manager, liquidator (provisional or otherwise), or similar officer is appointed over the Customer or any of its assets.
Cancellation
The Provider may cancel these terms and conditions or cancel delivery of the Goods and/or Services at any time prior to delivery by giving written notice. Upon such cancellation, the Provider shall refund any sums paid by the Customer in respect of the Price. The Provider shall not be liable for any loss or damage arising from such cancellation.
Where the Customer cancels delivery of the Goods and/or Services, the Customer shall be liable for any loss incurred by the Provider, including but not limited to loss of profits, up to the time of cancellation.
Data Protection Act 1988 & Data Protection Act 2003
The Customer and any Guarantor (where separate from the Customer) authorise the Provider to:
collect, retain, and use information about the Customer for the purpose of assessing creditworthiness or marketing products and services to the Customer; and
disclose information about the Customer, whether obtained directly or from another source, to credit providers or credit reporting agencies for credit referencing, debt collection, or listing of defaults (before or after judgment) on publicly accessible credit reporting databases.
Where the Customer is an individual, the authorisations contained in clause 15.1 constitute consents for the purposes of the Data Protection Act 1988 and the Data Protection Act 2003.
The Customer has the right to request a copy of personal information held by the Provider and to request correction of any inaccurate or incomplete information.
Waste Management Act 1996
This agreement and all Service provided by the Service Provider is governed by and subject to the provisions of the Waste Management Act, (1996).
General
Recycling is permitted only in line with the Provider’s policy.
Each clause of this Contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.
These terms and conditions and any Contract to which they apply shall be governed by the laws of Ireland and subject to the jurisdiction of the courts of Ireland.
The Provider shall be under no liability whatsoever to the Customer for any indirect or consequential loss or expense (including loss of profit) arising from a breach of these terms and conditions.
In the event of any breach of this Contract by the Provider, the Customer’s remedies shall be limited to damages only. Under no circumstances shall the Provider’s liability exceed five percent (5%) of the Price of the Goods and/or Services.
The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Provider.
The Provider may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
The Provider reserves the right to review and amend these terms and conditions at any time. Any changes shall take effect from the date the Provider notifies the Customer. The Customer shall not be obliged to accept such changes unless they continue to accept further Goods and/or Services.
Neither party shall be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lock-outs, industrial action, fire, flood, drought, or storm.
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