D E O’REILLY WASTE MANAGEMENT LTD - WASTE TERMS AND CONDITIONS

Services provided by D E O’Reilly Waste Management Ltd to the Customer are subject to the following:


  1. Definitions
    In these Terms and Conditions:-

    Duty of Care means the duty of care under Section 34 of the Environmental Protection Act 1990 and associated acts . Equipment means the equipment deposited by D E O’Reilly Waste Management Ltd for loading with Waste Material.
    Excluded Waste means any waste which does not comply with the controlled waste description.
    Waste Material means the Customer’s waste material described overleaf for collection and disposal by D E O’Reilly Waste Management Ltd.

  2. Waste material
    1. The customer undertakes to D E O’Reilly Waste Management Ltd that:-
      1. The Waste Transfer Note contains an accurate and adequate description of
        the nature and characteristics of the Waste Material to enable D E O’Reilly Waste Management Ltd to safely and lawfully manage the same.
      2. It is the sole owner of the Waste Material.
      3. No excluded waste is or will be contained in waste for collection by D E O’Reilly Waste Management Ltd Site
        Services.
    2. WASTE MATERIAL MUST BE ACCURATELY DESCRIBED ON THE WASTE TRANSFER NOTE ON COLLECTION FOR COMPLIANCE WITH DUTY OF CARE.
      D E O’Reilly Waste Management Ltd shall acquire title to Waste Material when it is loaded onto D E O’Reilly Waste Management Ltd collection vehicle and the Waste Transfer Note completed.
      Liquids, asbestos and other special waste cannot be deposited in D E O’Reilly Waste Management Ltd containers.

  3. Indemnity
    Notwithstanding Clause 2.2 to risk of loss and liability for any Excluded Waste shall remain with the customer and the Customer shall indemnity and hold harmless D E O’Reilly Waste Management Ltd and against any and all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the deposit of any Excluded Waste in the collection vehicle, containers and other equipment belonging to D E O’Reilly Waste Management Ltd or any subsequent handling of such waste by or on behalf of D E O’Reilly Waste Management Ltd. However D E O’Reilly Waste Management Ltd accepts that it is liable for death or personal injury resulting from its negligence.

  4. Payment
    1. Payment shall be made by Customer to D E O’Reilly Waste Management Ltd within 30 days from the date of the invoice from D E O’Reilly Waste Management Ltd unless other payment terms have been mutually
      agreed between the Customer and D E O’Reilly Waste Management Ltd
    2. D E O’Reilly Waste Management Ltd may charge and the Customer shall pay interest on all overdue payments due from the Customer hereunder accruing from day to day at the rate of 4% per annum above the base rate.
    3. The customer expressly acknowledges that after 21 days of hire a charge of £12 per week thereafter will be invoiced.

  5. Damage to Surfaces and Third Party Property:
    The Customer recognises that it is difficult for D E O’Reilly Waste Management Ltd to ensure that the Customer’s pavement or driving surface is adequate to bear the weight of D E O’Reilly Waste Management Ltd vehicles.
    Therefore, the Customer accepts responsibility for assessing and ensuring such adequacy and obtaining appropriate insurance cover and responsibility for the skip/container any damage to the Customers’ pavement, curbing or other driving surfaces resulting from the weight of D E O’Reilly Waste Management Ltd Site Service’s vehicles providing services at the Customers location.

  6. Equipment
    1. The equipment shall remain the property of D E O’Reilly Waste Management Ltd at all times.
      However, the Customer accepts that it has custody and control of the Equipment and shall take total care of it while at the Customer’s location, and accepts responsibility for all losses or damage to the Equipment (except for loss or damage resulting from D E O’Reilly Waste Management Ltd negligent handling of the Equipment) and for the contents while in its custody and control.
    2. The Customer shall inform D E O’Reilly Waste Management Ltd immediately (by telephone and then confirmed in writing) if any Equipment is lost, damaged or defaced in any way.
    3. The Customer shall keep all Equipment safely secured or sealed at its cost and expense prior to collection.
    4. The Customer shall not overload (by weight or volume) move or alter the Equipment and shall use the Equipment only for its proper and intended purpose. Equipment must not be loaded above the level of the side thereof.
    5. The Customer shall accept all legal responsibility that any item of Equipment placed in a street highway or public thoroughfare is adequately lit and coned at all necessary times. All warning devices, lamps are to be provided by the Customer.
    6. The Customer shall indemnity and hold harmless D E O’Reilly Waste Management Ltd from and against any and all claims, damages, suits, penalties, fines, losses and liability for injury or death to persons or loss or damage to property (including by way of example and not limitation, burnt equipment and damage to third party’s property) arising out of the Customer’s use, location operation or possession of the Equipment but not caused by the negligence of D E O’Reilly Waste Management Ltd Site Services or its employees.
    7. The Customer hereby gives irrevocable right and licence to D E O’Reilly Waste Management Ltd and its designees to enter any premises at any time with or without vehicles and with or without notice for the purpose of accessing and or removing the Equipment. The Customer shall provide unobstructed and safe access to the Equipment for any collection if the Equipment is inaccessible so that any pick up cannot be made. D E O’Reilly Waste Management Ltd will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the required access, however D E O’Reilly Waste Management Ltd reserves the right to charge to the Customer any wasted or additional collection costs incurred due to the Customer’s failure to provide such access.

  7. Responsibility
    1. Except for liability arising out of D E O’Reilly Waste Management Ltd negligence or breach by D E O’Reilly Waste Management Ltd of the Duty of Care.
      1. resulting in death or personal injury or
      2. resulting in damage to property limited to a maximum of £5,000,000 for any one event of series of connected events.
      D E O’Reilly Waste Management Ltd shall not be liable to the Customer for any direct or indirect or consequential loss (including without limitation, economic loss or loss of profits or goodwill or any damage or expense of any nature whatsoever incurred or suffered by the Customer (whether arising in contract, negligence tort or otherwise arising out or in connection with the provision of any services by D E O’Reilly Waste Management Ltd its employees or agents.
    2. The Customer expressly acknowledges being subject to the Duty of Care and the Customer shall indemnity and hold harmless D E O’Reilly Waste Management Ltd from and against any and all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the Customer’s non compliance with said Duty of Care.

  8. Other Terms and Conditions
    Except as expressly referred to herein any other terms and conditions and all warranties, terms, conditions and representations express or implied by law are hereby expressly excluded.