Terms and Conditions

1. Definitions

1.1. ‘Customer’ refers to the company or person that has requested the hire of ‘Services’ from CWR Kent Limited. CWR Kent Limited a company registered in England under company number 15427481 and our registered address is Meadow Farm, Steeds Lane, Kingsnorth, Ashford, Kent TN26 1NH.

1.2. ‘Prohibited Items’ shall include (but not limited to) the following: Electrical Appliances, Paint, Fuel, Oil, Solvents, TV’s/ Monitors, Asbestos, Clinical/ Medical Waste, Florescent Tubes, Solvents, Liquids, Batteries, Hazardous/ Toxic Material, Hazardous Wood, Gas Cylinders and Felt Roofing.

1.3. ‘Prohibited Additional Cost Items’ shall include (but not limited to) the following: Mattresses, Tyres, Soft Furnishings (POPS), Plasterboard and Carpets

1.4. ‘Services’ refers to the waste collection service carried out by caged vans from CWR Kent Limited

1.5. ‘Site’ refers to where the Services are carried out at the request of the Customer.

1.6. ‘Vehicle’ refers to CWR Kent Limited vehicle.

1.7. ‘Contract’ means the Contract for the hire of the service. The parties to this Contract are the Customer and CWR Kent Limited

2. General

2.1. Where and CWR Kent Limited are able to provide a quote for our services without first needing to inspect the location where our services are to be provided then a contract shall be created between us on the Customer’s acceptance of our quote, whether by telephone or email or otherwise

2.2. CWR Kent Limited reserve the right to vary our quoted price if at the time of collection, the information the Customer provided to us at the time of quotation was incomplete or inaccurate. We reserve the right to vary any quoted price if, during the process of the collection, new information regarding the nature of the waste becomes apparent whether or not this could have been ascertained at the start of the process. Any cost provided in advance of the collection will be an estimate only.

2.3. Unless we are prevented from doing so by a Force Majeure Event, we will provide services with reasonable care and skill

2.4. We will make every effort to provide the services on removal dates provided but there may be delays due to circumstances beyond our control. In this case, we will inform the Customer to arrange a revised collection date as soon as reasonably possible. Where we provide the Customer with an estimated time of arrival this should not be construed as offering any form of guarantee as to the time upon which we will attend to perform the collection

2.5. The Customer shall provide our employees with free and safe access to the Site where the rubbish is to be removed. The Customer shall also notify us of any special circumstances which may be relevant to our quotation, including but not limited to, if the rubbish is difficult to get to, if any items are large or heavy, if it involves our staff working at height, if the rubbish is secured, if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park free of charge outside the premises where the rubbish is to be collected from. If the Customer provides us with incomplete or inaccurate information or instructions, we may cancel a collection at any time, either on attendance at site or by giving the Customer notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required

2.6. In the event that we attend the Site in the Customer’s absence, the Customer undertakes to provide us with reliable contact details and take payment prior to the collection proceeding. Failure to do so may result in the collection failing in which circumstances CWR Kent Limited is not to be held liable for any loss or damage howsoever incurred.

2.7. The Customer confirms that they have the full authority for us to collect and dispose of the rubbish from the Site. The Customer shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of the Customer not having the authority for us to clear the rubbish from the Site.

2.8. If we detect or suspect there may be any Prohibited Items at the Site we may at our sole discretion, immediately vacate the premises, and will not be responsible for further collection and disposal. In such circumstances, the Customer shall still be fully liable to pay for our attendance in full and for any waste already removed.

2.9. If we need to engage expert services to remove such materials already loaded onto the Vehicle, or having been tipped at a transfer station, we reserve the right to charge the Customer for such services, if at the time of removal we were unaware of any asbestos or other hazardous or dangerous substances or materials in what has been removed. The Customer shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of us transferring hazardous material to a transfer station where we were unaware of the presence of such material at the time of the transfer.

2.10. The Customer confirms that they will not deposit (or intend to be deposited) in the Vehicle any Prohibited Additional Cost Items without the prior agreement of CWR Kent Limited. An additional charge for removal of these items shall be agreed upon and paid before removal. Surcharges will apply where any of these items have been deposited without the prior permission of CWR Kent Limited and the Customer warrants to pay any such surcharges immediately upon demand by CWR Kent Limited.

2.11. We will provide the Customer with a completed Waste Transfer Note at the time of the collection. We do not agree to provide any further documentation other than at our discretion and we reserve the right to charge an administration fee for any documents that we provide other than a standard Waste Transfer Note. It is the waste producer’s responsibility to provide a Waste Transfer Note and the producer of the waste should retain this document for at least two years

2.12. Where we have the Waste Transfer Note stored, we will provide a single copy on request for a period of two years after the collection, but we reserve the right to charge a reasonable administration fee for multiple documents or for requests that we consider to be unreasonable or vexatious.

2.13. Any sharp or dangerous objects e.g. knives and broken glass should be separately stored in an appropriate container by the Customer before we arrive for the collection. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our staff.

3. Payment

3.1. If we provide the Customer with a VAT invoice, prices will be subject to VAT.

3.2. Payment must be made at the time of collection or a prior agreement has been made. In the event payment is not made, any waste collected may be returned to the producer. Payments not made within 14 days of the collection date or on the due date for account holders will incur an administration fee of £50 and we reserve the right to charge interest on any unpaid balance at the rate of 8% above the base rate as set from time to time by The Bank of England.

3.3. We may invoice the Customer at any time after we have provided the services. Invoices must be paid within 30 calendar days of the date of the invoice save by prior agreement. Invoices to customers who do not have a prior credit account arrangement with CWR Kent Limited are due to be paid upon receipt

3.4. Time for payment of our invoices shall be of the essence of the contract

3.5. Without limiting any other remedies or rights that we may have, if the Customer does not pay us on time, we may cancel or suspend our performance of any other further services to the Customer until full payment has been made.

3.6. The Customer shall pay all amounts due in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. Should any amount due become over 7 days overdue then we reserve the right to require immediate payment of all amounts due regardless of the due date on the invoice

4. Cancellation

4.1. We may, at our discretion, refund the Customer minus a £50 administration fee if they request to cancel a booked collection provided such a request to do so is received at any time on the business day preceding the date of the collection by email sent to offie@cagewasteremoval.co.uk or by telephoning 01233 22 23 24.

4.2. Where the Customer may be deemed to be contracting as a “consumer” then they will additionally have the right to cancel a booking at any time up to the end of fourteen days after the day on which the contract is concluded, subject to the following provisions

(a) The Customer do not have the right to cancel the contract if the supply of our services begins with their agreement before the end of the fourteen day cancellation period. It is assumed we have the Customer’s agreement if we are required to carry out our work within this period

(b) To exercise the statutory right of cancellation, the Customer must provide us with written notice

4.3. If we are unable to remove any items from the premises as, for example, they are too large to fit through the doorways, then if we agree, in our discretion, to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway, if we are still unable to remove the item from the premises, then we shall not be responsible for the reassembly of such an item.

4.4. We allocate 30 minutes for removal of the waste. Where it takes us longer than the allocated time for the allocated amount of storage space on the Vehicle (which may differ from the amount of space it takes up when stored) we reserve the right to charge for each additional minute of labour at a rate of £60 per hour.

4.5. If in the sole judgement of our vehicle team the amount of waste collected exceeds the anticipated amount, we reserve the right to charge for the additional cost and the cost is to be determined at the discretion of CWR Kent Limited.

4.6. The Customer shall be entitled to cancel the collection from CWR Kent Limited if the team arrive later than 2 hours outside of the selected arrival window.

5. Limitation of Liability

5.1. We will accept no liability for the implied legality of any service that we carry out. No opinion or purported advice offered by any CWR Kent Limited employee or agent should be relied upon in the assessment of legal compliance. By carrying out any service as instructed by a customer we do not convey any warranty of legality of the service in any way. The customer should ensure that any instructions given to us are lawful and the customer agrees to indemnify CWR Kent Limited against any losses or liabilities arising from dispute of property or any other legal dispute

5.2. This clause does not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982

5.3. Subject to the preceding, under no circumstances whatsoever shall we be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and (b) our total liability to the Customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of our services under the contract in question

5.4. Due to the nature of the service we cannot guarantee that no damage to property will occur during the clearance process. The customer should inspect the working area once CWR Kent Limited’s clearance is complete and notify the team of any damage before the team have left the site. Any such damage must also be notified in writing to CWR Kent Limited within 7 days of completion of the site clearance. We will not accept liability for any damage that is not notified to us within this time.

5.5. If will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event)

5.6. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks

5.7. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event

6. Termination

6.1. We may terminate the arrangement between us at any time.

6.2. Termination will not affect either party’s outstanding rights or duties, including our right to recover from the Customer any money owed to CWR Kent Limited under these Terms

7. Assignment

7.1. The Customer may not transfer any of their rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect the Customer’s rights under these Terms

8. Notices

8.1. All notices sent by the Customer to CWK Kent Limited must be sent and addressed to us at CWR Kent Limited, Meadow Farm, Steeds Lane, Kingsnorth, Ashford, Kent TN26 1NH and or email to office@cagewasteremoval.co.uk. We may give notice to the Customer at either the e-mail or postal address provided to us at the time of booking. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified e-mail address of the addressee.