CONDITIONS OF ENTRY AND THE DISPOSAL OF WASTE ON SITES OPERATED BY ENVA ENGLAND and ENVA SCOTLAND LIMITED
1. In these Conditions (unless inconsistent with the context):
1.1. "Customer" means any person, firm or company who wishes or attempts to gain entry to any disposal site operated by Enva for the purpose of disposal of waste and includes reference to all and any of the Customer's agents, employees, contractors and personnel
1.2. "Enva" means Enva England Limited (company number 3450311) or Enva Scotland (company number SC057052) and its holding subsidiary and associated companies; and
1.3. "Site" means and includes all and any sites operated by Enva for waste disposal purposes in the United Kingdom; and
1.4. "Container" means and includes all skips, vehicles and other containers used by the Customer to deliver waste to a site or containing waste for disposal at a site.
2. Any reference to any statutory provision herein shall be deemed to include reference to all statutory modifications, re-enactments and extensions thereof and any rules or regulations or codes made thereunder or made in relation thereto.
3. These conditions (which supersede all and any previous arrangements between Enva and the Customer) apply to the disposal of waste and controlled waste as those terms are defined in the Environmental Protection Act 1990 on or at all sites operated by Enva and constitute the only conditions upon which Enva will grant to the Customer the right to enter a site for the purpose of tipping waste. No variation of these conditions shall be valid or binding on Enva unless the variation is in writing and signed by a director of Enva on its behalf.
4. Enva shall not be responsible for any inconvenience or loss suffered or incurred by the Customer if a site is not open for disposal at the time of the Customer's arrival.
5. On arrival at a site the Customer must report to the site office and collect a Disposal Ticket/Transfer Note.
6. The Customer must provide an accurate description and EWC code on the disposal ticket of the type of waste he wishes to tip on the site sufficient to enable the site supervisor to identify, deal with and dispose of the waste safely and without causing pollution or harm to the environment and in accordance with any waste management licence in force at the site. The description must identify any hazards or potential difficulties in relation to the waste and any other relevant information (whether or not such hazards or difficulties are apparent on inspection) to enable Enva to properly and safely handle and deal with the waste. The Customer warrants that the waste deposited or to be deposited at the site corresponds with the description provided.
7. The quantity of each type of waste shall be certified and acknowledged by the Customer on the disposal ticket and Enva shall charge for the disposal of waste according to the weight and volume of the container in which the waste is delivered notwithstanding that the container is not filled to its normal or full capacity. If the container is overfilled or if it exceeds the maximum permitted volume Enva may, at its discretion, levy such additional charge as it considers appropriate in respect of the excess before allowing entry to the site or before allowing the Customer to tip the waste at the site.
8. The Customer shall not dispose or attempt to dispose waste which may contravene the terms of the current waste management licence issued by the Environmental Agency copies of which are displayed at the site office and are available on request.
The Customer shall deliver all waste in a proper and safe manner and ensure the waste is properly contained and sheeted. Enva reserve the right to refuse to admit entry to a site and to refuse to accept any waste at its sole discretion and without giving reasons therefore.
9. In the event Enva discovers that:
9.1. waste tipped on a site by the Customer does not correspond to the description proffered by the Customer then Enva will charge the customer for disposal at the prevailing rate for the waste deposited; or
9.2. the waste tipped does not correspond with the type of waste permitted to be tipped under the terms of the waste management licence in force for the site; then the Customer shall remove the waste from the site at his own expense immediately upon request by Enva. If the customer fails to remove the waste within 7 days, Enva reserves the right to remove the waste and recover the costs from the customer.
10. The Customer shall comply with all instructions given by Enva whilst on a site and will abide by the requirements of all legislation affecting the health, safety and welfare of the general public and persons using or employed at the site including (but without prejudice of the generality of the foregoing) the provisions of the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations 2009. The Customer's attention is drawn to the safety notices on display at the site copies of which are available on request.
11. It is the Customer's responsibility when delivering waste to satisfy them self that the access and route to the disposal area are in a suitable condition for the delivery vehicle.
12. The Customer must at no time stray from the access roads on the site (unless otherwise instructed by Enva) and shall follow all signs and directions at the site and shall deposit the waste only in that part of the site indicated by Enva.
13. The Customer must thoroughly clean the wheels of their vehicle before leaving the site by using the wheel cleaning facilities provided.
14. The Customer shall not be entitled to sort over or remove any waste or other material which has been delivered by the Customer or which has been delivered by others and deposited on the site which is the sole property of Enva.
15. The rates charged for the disposal of waste are those current at the date of delivery and unless otherwise agreed in writing, payment must be made in full before tipping takes place. Payment by credit or any other method of payment other than payment in full on delivery will need to be the subject of separate agreement with Enva in advance of delivery. Notwithstanding the foregoing, Enva may accept payment in advance for future disposal by the Customer.
16. Enva shall not be responsible for any damage caused to the Customer's vehicle (including damage to the tyres and punctures) of whatever nature whilst on site.
17. The Customer will be liable and will compensate Enva for any damage or injury caused to any buildings, structures, yard fences, gates (or similar) or mobile plant, vehicles or persons as a result of negligence by the Customer.
18. Enva warrants that the services supplied in accordance with these Conditions will be supplied with reasonable skill and care. Except where these services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the warranty provided by Enva in this clause 18 is in lieu of all other warranties and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
19. Enva shall accept liability to the Customer for the injury to or death of person caused by the negligence or wilful misconduct of Enva.
20. Except for the type of liability referred to at clause 19 (and except for any other liabilities which Enva may not, by law, exclude or limit), Enva’s total liability in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with the contract for the supply of services to which these Conditions relate (the "Contract") (a "Default") shall not exceed the total sums paid or payable by the Customer to Enva in respect of the part of the services to which the Default relates.
21. Enva shall not be liable to the Customer for:
21.1. any indirect, special or consequential loss or damage (including, without limitation, loss of reputation and loss of goodwill), loss of profits, costs, expenses or other claims for compensation (whether caused by the negligence of Enva, its employees or agents or otherwise) in connection with this Contract; and/or
21.2. any delay or failure to perform the services under this Contract where such delay or failure to perform results from any event beyond the reasonable control of Enva.
22. The Customer shall indemnify and keep indemnified fully and effectively Enva at all times from and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever and howsoever arising which may be taken or made against Enva or be incurred or become payable by Enva as a result of any breach by the Customer of any of the terms, conditions or warranties herein or through acts of negligence or default by the Customer
23. Each party shall keep strictly confidential all information concerning the business and affairs of the other obtained from the other either pursuant to this Contract or prior to and in contemplation of it, shall use the same exclusively for the purposes of this Contract, and shall disclose the same only to those of its directors and employees to whom and to the extent that such disclosure is reasonably necessary for the purposes of this Contract.
24. The obligations of clause 23 above shall survive the termination of the Contract but shall not apply to any information which: the recipient can demonstrate was already in its possession and at its free disposal prior to receipt under the circumstances
mentioned at clause 23 above; is subsequently disclosed to the recipient without any obligation of confidence by a third party who has not derived it directly or indirectly from the disclosing party; or enters the public domain through no act or default of the recipient, its agents or employees.
25. The Customer may not assign any of its rights or obligations or mortgage, charge (otherwise than by floating charge) any of its rights under this Contract without the prior written consent of Enva. Enva may assign all of its rights and obligations under this Contract without the consent of the Customer.
26. Each party acknowledges that, in entering into this Contract, it does not do so on the basis of and does not rely on any representation, warranty or other provision except as expressly provided in this Contract.
27. Any notice required or permitted to be given by either party to the other shall be in writing addressed to that 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.
28. No waiver by Enva of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
29. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
30. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or similar legislation to enforce any term of the Contract.
31. The Contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.