This web site ("Site") is owned and operated by Recyclite Limited (“Recyclite”).
By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions").
These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy, Trademarks and Copyright and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use this Site.
1.2 Changes to these Terms and Conditions
Recyclite reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes. This statement was last updated on 15th October 2007.
1.3 Limitations on use
All content in this web site, including its layout, design, images, programs, text and other information (collectively, the "Content") is the property of Recyclite and is protected by copyright and other intellectual property laws.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.
You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Recyclite.
The use of robots, spiders, crawlers or other automated downloading programs or devices for any purpose, including but not limited to harvesting other's postal or email addresses from the Site to send unsolicited or unauthorized commercial material, is prohibited.
Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to: Recyclite Limited, 36-38 Maurice Gaymer Road, Gaymers Industrial Estate, Attleborough, Norfolk NR17 2QZ, United Kingdom or via e-mail to: info@recyclite.com.
You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, obscene, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Recyclite may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.
You may not, without the approval of Recyclite, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.
1.4 Disclaimer of warranties and liability
Neither Recyclite, its affiliates, nor any third party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH RECYCLITE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER RECYCLITE NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL RECYCLITE, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. RECYCLITE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Recyclite neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.
1.5 Systems reliability
Recyclite aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Recyclite shall not be liable for lost information or non-availability of the services.
1.6 Indemnification
You hereby agree to indemnify, defend and hold Recyclite, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable lawyers’ fees, arising from your use of the Site or Content.
1.7 Governing law and venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in England.
2 Provision of Services
2.1 Introduction
The conditions hereinafter stated are the conditions of the Company in relation to the Services and any such Service is undertaken upon the following conditions unless specifically agreed in writing between the Company and the Customer.
2.2 Definitions
In these conditions the following definitions shall have effect unless the context otherwise dictates:
a) "Company" shall mean Recyclite Limited and includes any of its fellow subsidiary or associate companies as may participate in the performance of the contract for which companies Recyclite Limited acts as agent in concluding this contract.
b) "Customer" shall mean the person firm or corporation detailed in the duty of care transfer note and shall mean the person, firm or corporation for who any Services are undertaken by the company.
c) "Container" shall mean any container , drum, box or other receptacle supplied by and/or serviced by the Company.
d) "Equipment" shall mean any item of plant, tank, vessel, or Container supplied by and/or serviced by the Company.
e) "Service" shall mean the collection transportation and/or recycling of waste materials and/or any industrial activity on site on behalf of the customer.
2.3 Statutory obligations
It is a term of every contract entered into by the Company that the Customer shall have complied or shall comply with all requirements of government or any statutory local or public authority in relation to the Service or to the use of any Equipment by the Customer. In particular:
a) The Customer shall be responsible for ensuring compliance with the Environmental Protection Act 1990.
b) The Customer shall be responsible for ensuring compliance with the Health and Safety at Work etc Act 1974.
2.4 Basis of contract
a) The Company shall collect and recycle waste gas discharge lamps and other waste electrical and electronic equipment subject to these conditions. The Company shall accept waste gas discharge lamps and other waste electrical and electronic equipment provided a consignment/transfer note for the carriage and recycling is completed in accordance with the Environmental Protection Act 1990.
b) The Company shall carry out the recycling of the wastes in accordance with the procedures in the Company's Procedures Manual and a copy of the relevant sections is available on request.
2.5 Nature of waste materials
The waste materials to be collected and recycled shall be of the type, character and quantities specified in the quotation and the Customer shall ensure that no material change in the nature of the waste materials shall take place during the contract. The Company reserves the right not to accept any waste which by reason of size or weight is difficult to collect or recycle.
2.6 Customer's premises
a) The Customer must notify the Company before any supply is commenced of any particular requirement of the Customer relating to health and safety at work and of any hazards, risks or dangers that may arise as a result of the Company or its employees undertaking any service on the premises of the Customer.
b) The Company's employees or agents shall not be required to undertake any Service outside the terms of the Contract and furthermore the Customer shall not request such employees or agents to do so without the Company's prior agreement.
2.7 Customer's obligations in relation to containers
a) The Customer shall be responsible for placing and shall only place the waste materials referred to in clause 5 in the Containers.
b) The Customer warrants that he has the right to place such waste materials in the Containers and the property in all waste materials shall pass to the Company upon the same being commenced to be removed provided there shall have been no breach of the Customer's obligations.
c) It shall be a condition that the Customer observes and performs the following:
i) Only the specified materials shall be placed in the container.
ii) All containers to be loaded safely and evenly so that lids can be correctly fitted and doors correctly closed.
iii) Unless otherwise agreed no container shall be placed on the highway.
iv) No Container shall be removed from the Customer's premises to which it was delivered without the Company's prior written consent.
v) No sign lettering insignia advertising or other device of the Customer shall be placed or fixed on any rented or loaned container without the prior written consent of the Company.
vi) No sign lettering insignia advertising or other device of the Company on a container shall be removed or defaced.
d) The Customer shall at all reasonable times allow the Company and any person authorised by it to have access to the Equipment to inspect, test, adjust, repair or replace the same so far as possible at times convenient to the Customer.
e) The Customer shall pay an additional charge at the rate in force at the time of removal of the waste which does not meet the description.
2.8 Time of collection
When the Company's vehicle calls on the Customer to perform any part of the Service the Customer shall ensure that the Equipment is readily available at the time of collection by the Company. The Company shall not be under any obligation to carry out any Service where the Customer is in breach of this condition, but nevertheless the Company reserves the right to make a wasted service charge.
2.9 Changing circumstances
a) If it becomes apparent for reasons not disclosed by the Customer or which could not have been foreseen by the Company at the time of entering the contract or commencing the work that the services to be undertaken differ from those originally envisaged, the Company shall notify the Customer accordingly giving particulars as soon as reasonably practicable after the circumstances become apparent and the Company shall be entitled to payment for additional work.
b) Should the Company elect to cease the Services in the changed circumstances, the contract shall be deemed to be terminated. Upon such termination the Company shall be entitled to charge for any work carried out up to the time of termination and to be reimbursed for the costs associated with the commitments and liabilities entered into pursuant to the contract and for any Equipment or other items provided or intended to be provided for the purpose of the contract.
c) The Customer shall pay any additional charges at the Company's usual rate occasioned by:
i) any additional costs arising from changes to the agreed frequency or volumes of service as notified by the Customer,
ii) any delay caused by any act or omission of the Customer.
2.10 Terms of payment
a) All payment shall be made by the end of the month following that in which the Service was provided. Other methods of payment can only be made with prior approval of the Company. The Customer shall not be entitled to delay or withhold payment on account of any alleged set-off or counter-claim.
b) Any invoice remaining unpaid beyond the due date shall bare interest at the rate of 2% per calendar month from the date of invoice to the date of payment.
c) Where the charge for the Services is liable to VAT, the Customer shall pay an additional amount equivalent to the amount of VAT at the appropriate rate.
d) The Company reserves the right not to execute any order and to remove any Equipment of the Company if arrangements for payment of the Customer's account are not in the Company's discretion satisfactory to the Company and to suspend the Service to any Customer whose account is overdue for payment or where the Customer is in breach of any of these conditions or where the Company considers that the Service required may place at risk any person, goods vehicle, Equipment or property.
2.11 Terms of service
a) The Company is not a common carrier and does not contract as such.
b) The Company may employ any sub-contractor for the purpose of fulfilling any contract entered into by the Company.
c) The date of delivery or performance of the Service shall not be of the essence and the Company shall have the right at its discretion to alter the day of performance of the Service.
d) Where the Company is unable due to Bank or Public Holidays, breakdown or circumstances outside its reasonable control to carry out any Service on the day notified to the Customer, the Company shall make all reasonable efforts to carry out such Services as soon as practicable thereafter.
e) Property and risk in the waste materials shall pass to the Company at the time of collection but the Customer shall remain liable for any damage caused by the waste materials in breach of this agreement.
2.12 Auxiliary charges
The Company shall be entitled to charge at its current rates from time to time for collection or delivery of Equipment, copy documentation, recycling services or the provision of service tickets where tickets are not included in the Service operated.
2.13 Liability for loss or damage
a) If a Service is required by the Customer involving vehicle movement otherwise than on the public highway, the Customer shall afford reasonable, safe and adequate access and space in which loading and unloading operations, delivery and collection may be carried out without risk of damage to the vehicle, its driver or its load and without obstruction to the public highway.
b) The driver of a vehicle providing such a Service shall be deemed to be under the control of the Customer whilst on or adjacent to the Customers premises and the Customer shall be solely responsible for any accident or damage by the weight of the vehicle or its load or any movement of the vehicle or its load to any bridges, wires, cables, drains and other services, manholes, roads, paths or any surface or any other property on, above or below the surface of the land and shall indemnify the Company against all claims in respect of legal liability arising therefrom.
c) The Company reserves the right to refuse to carry out any Service if it considers that the Service required might place at risk any person, goods, vehicle or property.
d) The Customer's attention is drawn to the need to obtain the consent of the Local authority to cross pavements or to site Equipment on a public highway.
2.14 Limitation of liability
a) Except for defects in the Service which shall have been notified by the Customer to the Company in writing within 14 Days after the dart of Service the Company shall not be liable for any claim, loss or damage arising under any legal liability for any defect in the Service whether due to any act, neglect, default of the Company or its servants or agents or otherwise and all warranties and conditions express or implied are hereby excluded.
b) In particular (without prejudice to the generality of the foregoing) the Company shall not be liable for any such claim, loss or damage resulting from:
i) any circumstances arising outside the reasonable control of the Company,
ii) any instruction given by or any act or omission of the Customer or his servants or agents,
iii) any inherent or latent defect which the Company could not reasonably have discovered or rectified,
iv) any material breach by the Customer of any of the Company's conditions hereof required to be observed or performed by the Customer or,
v) any damage howsoever caused to any Equipment owned or supplied by the Customer.
c) The Customer shall give to the Company every reasonable opportunity to replace, repair or rectify any alleged defect in the Service.
d) The Company shall in no circumstances be liable for loss of profits, or of contracts, or for consequent loss of any kind whatsoever.
e) The Company's total liability in respect of this contract shall not exceed the total value of the contract.
Nothing herein contained is intended to affect nor will it affect any rights of the Customer under the Unfair Terms Act 1977.
2.15 Indemnity by customer
a) The Customer shall indemnify the Company against any loss or any damage to any Equipment occurring or caused during the continuance of the contract with the Customer.
b) The Customer shall indemnify the Company against claims for which the Customer is legally liable or for any additional cost arising out of the use of the Equipment or the breach by the Customer of any of the conditions hereof required to be observed or performed by the Customer.
2.16 Conflict with customer's conditions
Any conditions contained in a Customers order which conflict with any of these conditions shall be deemed to be inapplicable to any order placed with the Company unless expressly agreed by the Company in writing when acknowledging an order.
2.17 Assignment
The Customer shall not be entitled to assign or transfer the benefit of this contract.
2.18 Law of contract
a) All contracts between the Company and the Customer shall be governed by the laws of England.
b) Any reference to any Act of Parliament, Regulation or Order shall include any statutory re-enactment, amendment or modification thereof.
2.19 Effect of headings
The headings to these conditions are for guidance only and are not to be construed as forming part of or in any way limiting the effect of the condition themselves.
