Terms and Conditions
1.1 "Business Waste.org.uk" (Business Waste) operates on behalf of the Children’s Scrapstore Registered Charity Ltd and PlayPod™ registered office Scrapstore House, Sevier Street, Bristol BS2 9LB.
1.2 "Client" means the person, firm or company or other trading organisation to which the services are supplied subject to these conditions.
1.3 "The Service" means:
(a) Removal of waste and unwanted materials.
(b) Processing includes the loading operations associated with (a) above and transport and any other handling operation associated with (a) above.
1.4 "Waste Materials" means unwanted, redundant surplus equipment, packaging or other waste used by a Client or no longer required by a Client or which a Client wishes to dispose of (See Service Level Agreement for list).
1.5 "The Agreement" means the Service Level Agreement for the provision of the Service by Children’s Scrapstore to the Client.
2.1 There are no payments as the collection service is free.
2.2 Membership is gained as detailed in the Service Level Agreement.
3.0 Client Obligations
3.1 The client warrants and agrees that at all times the Waste Materials that the Client presents for removal pursuant to the Service Level Agreement shall exclude any materials and substances not included in the Service Level Agreement and agrees that all Waste Material should be placed in the waste storage containers specifically marked and provided for them where applicable and in containers suitable for the waste where no containers have been provided. Containers will be collected from a suitable, safe access point to the premises.
3.2 The Client will comply with the Control of Pollution Act 1974, The Environmental protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.
3.3 The Client will, prior to collection, supply Children’s Scrapstore with any data or information which Children’s Scrapstore considers necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.
3.4 The Client shall indemnify Children’s Scrapstore, its Directors, Officers and Employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract or of a breach of legal requirements by the client.
4.0 Children’s Scrapstore Obligations
4.1 Children’s Scrapstore agrees at all times to:
(a) to carry out the services in a safe, efficient and professional manner;
(b) to comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, treatment and recycling of the materials listed in the Service Level Agreement. In this respect Children’s Scrapstore warrants that it is the holder of a current and valid Waste Management License pursuant to Section 35 of the Environmental Protection Act
4.2 Children’s Scrapstore shall indemnify the Client against any loss or damage to the environment or property or injury to, or death of, any person caused by any negligent act or omission or wilful misconduct of Children’s Scrapstore and its servants, agents or sub-contractors. The liability of Children’s Scrapstore hereunder is £5 million.
4.3 In the event of a suitable, safe access point from which to collect the waste not being available, then Children’s Scrapstore reserve the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then Children’s Scrapstore shall not be liable for any damage caused by the operation of transporting the waste to a suitable, safe access point.
5.1 No variations or alterations of these conditions shall be binding on Children’s Scrapstore unless agreed in writing by, or on behalf of, Children’s Scrapstore by an authorised representative. All orders by the Client for the Services shall be deemed to be an offer by the Client to engage the Services pursuant to these conditions. Performance of the Services by Children’s Scrapstore shall be deemed conclusive evidence of the Client's acceptance of these Conditions. These conditions shall remain in force until such time as Children’s Scrapstore adopts revised conditions and notifies the client of the substitution of these conditions by the revised conditions.
6.1 The Service Level Agreement shall be for an initial term of 12 months unless otherwise as agreed in writing. Upon expiry of this 12 month period, the Service Level Agreement shall be automatically renewed unless either party to the Contract Agreement sends written notice of non-renewal to the other party at least sixty days prior to the commencement of the renewal term.
7.1 If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable, in whole or in part, these Terms and Conditions will continue to be valid as to all other provisions and the remainder of the provision.
8.1 No waiver or forbearance by Children’s Scrapstore or the Client whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in future.
9.1 These Terms and Conditions and the Service Level Agreement shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.