TERMS AND CONDITIONS

In addition to the terms and conditions overleaf, the following terms and conditions apply to this agreement:

1.             Obligation to provide the Service

1.1           D J Laing [Contracts] Ltd will take all reasonable steps to perform its obligations under this Agreement.

1.2           D J Laing [Contracts] Ltd will not be responsible for any delay or default due to the vehicle breakdown, unavailability of containers, weather conditions, labour or any other cause beyond its reasonable control.           

 

2.             Payment

2.1           The Customer will not reduce or refuse to pay for the service on the grounds of a set-off or because it believes D J Laing [Contracts] Ltd has failed to provide the service to the appropriate standard.

2.2           If the Customer disputes a portion of an invoice, the undisputed portion shall be paid within 30 days of invoice date.

2.3           D J Laing [Contracts] Ltd may charge interest at 5% above the Royal Bank of Scotland plc base lending rate from the due date on any overdue amounts, plus any reasonable collection costs.

2.4           If there is any reason to doubt that the customer will pay for the service, D J Laing [Contracts] Ltd may require payment in cleared funds in advance.

2.5           D J Laing [Contracts] Ltd may charge extra for works undertaken outside normal working hours (being 8am to 5pm weekdays, excluding Bank holidays).  The Customer shall pay the foregoing extra charges on demand.

2.6           If the Customer prevents or delays D J Laing [Contracts] Ltd performance of the service, the Customer will pay any extra resulting costs.

 

3.             Containers

3.1           The containers will remain the property of D J Laing [Contracts] Ltd (or its contractors) and may not be modified in any way.

3.2           The Customer will be responsible for any loss or damage to the containers, lights or cones effective from the date they are delivered to the Customer’s premises.  Should these be damaged or stolen from the Customers premises, the Customer will be responsible for the repair cost or cost of replacement.

 

4.             Collection Vehicles

4.1           The driver of D J Laing [Contracts] Ltd (or its contractors) vehicle may refuse collection of the waste if he believes that access to the Customer’s premises or the turning area is unsafe or likely to cause damage to the vehicle or other property.

4.2           The Customer will provide the driver of D J Laing [Contracts] Ltd (or its contractors) with any rules relevant to safety and conduct on the Customer’s premises.

 

5.             Waste

5.1           The waste deposited in the containers will become the property of D J Laing [Contracts] Ltd when it is removed by D J Laing [Contracts] Ltd (or its contractors) from the Customer’s premises, but this does not excuse the Customer from its legal responsibilities under the law or this agreement.

5.2           The Customer must not, under any circumstances, deposit special waste or waste which is not within the description of waste overleaf in the containers.

5.3           D J Laing [Contracts] Ltd may refuse to deal with any material, which is not within the description of waste overleaf.

 

6.             Duty of Care

6.1           D J Laing [Contracts] Ltd will comply with its obligations under Section 34 of the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) regulations 1991 as amended (“Duty of Care”).

6.2           The Customer will comply with its Duty of Care obligations, including without limitation;

                (a)           the waste will be adequately contained and not allowed to escape from the containers;

                (b)           any changes to the description of the waste overleaf will be notified to D J Laing [Contracts] Ltd before it is collected;

6.3           The Customer warrants that it will comply fully with its Duty of Care and will indemnify D J Laing [Contracts] Ltd against any costs, losses or damages which result from its failure to comply.

 

7.             Liability

7.1           The Customer will make good and indemnify D J Laing [Contracts] Ltd against any payment, fine, costs, expenses and any loss or damage which D J Laing [Contracts] Ltd may suffer and against claims by third parties made against D J Laing [Contracts] Ltd arising from the location or use of containers or breach by the Customer of this agreement.

7.2           The above condition will not apply to the extent caused by the negligence of D J Laing [Contracts] Ltd or its employees.

7.3           If the Customer requests the containers to be placed in a position which requires D J Laing [Contracts] Ltd (or its contractors) vehicle to leave the public highway, the Customer will indemnify D J Laing [Contracts] Ltd against any loss, costs, claims, damages or expenses which D J Laing [Contracts] Ltd may thereby incur, whether as a result of damage to the delivery vehicle, the containers, the property of the Customer or a third party, including damage of the road margin and pavements.

 

8.             Termination

8.1           This agreement is for a fixed period of one year.  Unless it is terminated as indicated in this Condition 8 it continues for successive-one year periods.

8.2           Either party may terminate this agreement by providing three months notice in writing prior to the annual anniversary of the start date.

8.3           D J Laing [Contracts] Ltd may terminate this agreement immediately and recover all losses or damage resulting to D J Laing [Contracts] Ltd if:

                (a)           it is unlikely the Customer is able to pay for the services due to bankruptcy, winding up or receivership or similar financial difficulties;

                (b)           the Customer fails to pay for the services as required under this agreement;

                (c)           the Customer is in breach of this agreement and fails to remedy same within 21 days of notice from D J Laing [Contracts] Ltd or                 immediately if the breach cannot be remedied.

(d)           as a result of any change in legislation, regulation, order or by-law, additional charges, costs, expenses or monies become or are deemed to be payable by D J Laing [Contracts] Ltd as a result of the Collection Service Agreement and that D J Laing [Contracts] Ltd would be entitled to serve 14 days notice of termination following on such change if the Customer fails to pay these charges, etc.

8.4           On termination of this agreement, all amounts due shall become immediately payable.

 

9.             Notices

9.1           Any notice required to be given under this agreement, will be:

                (a)           in writing; and

                (b)           given to the Customer at its registered office or principal place of business as shown overleaf or given to D J Laing [Contracts] Ltd for     the attention of its Company Secretary at its registered office as shown overleaf; and

                (c)           given by registered or recorded delivery post or fax, and shall be deemed to have been received 2 working days after the date of             posting or one working day after the date of transmission as the case may be.

 

10.           Law and Jurisdiction

10.1         This agreement shall be construed according to the laws of Scotland, the courts of which shall have exclusive jurisdiction.

Bulding Supplies Store