Terms and Conditions1. Interpretation1.1 In these Conditions: 1.2 The headings in these Terms are for convenience only and shall not affect their interpretation. 2 Supply of the Specified Service2.1 The Supplier shall provide the Specified Service to the Client subject to these Terms. Any changes or additions to the Specified Service or these Terms must be agreed in Writing by the Supplier and the Client. 2.2 The Specified Service shall be provided with the Supplier's current brochure or other published literature relating to the Specified Service from time to time, subject to these Terms. 2.3 Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in the Supplier's brochure or other promotional literature, may be made available on Written request. 2.4 The Supplier may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client. 2.5 The Supplier may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service. 2.6 The Supplier will within a reasonable period of receiving notification from the Client attend at the Client's premises to remove the confidential waste stored in the wheeled bins for destruction and will supply the Client with a certificate of destruction in the Supplier's standard form. Wherever reasonably possible the Supplier will procure that after destruction the remains of the confidential waste will be recycled. 2.7 The Supplier will retain a master key for all wheeled bins and will ensure that the Client also has a key. 2.8 The Supplier will ensure that the wheeled bins are clean and tidy but the Client is responsible for ensuring that the wheeled bins are kept in a safe and secure location. The Supplier reserves the right to charge the Client for the full replacement cost of any wheeled bin that is lost or stolen whilst under the Client's control 2.9 The Client shall hold all wheeled bins and consoles supplied as the Seller's fiduciary agent and bailee, and shall keep these wheeled bins and consoles separate from those of the Client and third parties and properly stored, protected and insured and identified as the Supplier's property 3 Charges3.1 Subject to any special terms agreed, the Client shall pay the Supplier's Standard Charges and any additional sums which are agreed between the Supplier and the Client for the provision of the Specified Service or which, in the Supplier's reasonable discretion, are required as a result of the Client's action or lack of action. 3.2 The Supplier shall be entitled to vary the Supplier's Standard Charges from time to time by giving not less than one months' written notice to the Client. 3.3 All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time. 3.4 The Supplier shall be entitled to invoice the Client immediately following the collection of confidential waste, or at other times agreed with the Client. 3.5 The Supplier's Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any setoff or other deduction) within 30 days of the date of the Supplier's invoice. 3.6 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full. 3.7 If payment is not made on the due date the Supplier shall further be entitled to suspend further service and to collect any wheeled bins or consoles belonging to the Supplier which right shall be without prejudice to any other right that the Supplier may from time to time have against the Client under these terms or otherwise 4 Warranties and Liability4.1 The Supplier warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible. 4.2 The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, or arising from their late arrival or nonarrival, or any other fault of the Client. 4.3 The Client shall be liable to the Supplier for any parking enforcement claims received by the Supplier following compliance with the client's request or instructions that the Supplier park its vehicle in a specific location. 4.4 The Client shall be liable for and shall indemnify the Supplier against any costs incurred directly or indirectly as a result of damage to the Supplier's vehicle or property resulting from the Client's request or instructions to park or stand the Supplier's vehicle in a specific location 4.5 Except in respect of death or personal injury caused by the Supplier's negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Supplier's charges for the provision of the Specified Service, except as expressly provided in these Terms. 4.6 The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Supplier's reasonable control. 5 Termination5.1 Either party shall be entitled to terminate the Contract at any time by giving not less than [three] months' Written notice to the other. 5.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by Written notice to do so, or if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with its creditors or enters administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986). 6 General6.1 These Conditions (together with the terms, if any, set out in the Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. 6.2 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 6.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 6.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected. 6.5 Any dispute arising under or in connection with these Terms or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society of England and Wales. 6.6 English law shall apply to the Contract, and the parties agree to submit to the nonexclusive jurisdiction of the English courts. |
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Assured Security Shredding Ltd © 2007 | Terms and Conditions |
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Members of NAID EUROPE (National Association for Information Destruction) |
