Terms and Conditions
All bookings/collections are subject to our terms and conditions
We are Greencable Ltd, a company registered in England and Wales under company number 12356082 and with our registered office at Office 1, Izabella House, 25-26 Regent Place, Birmingham, B1 3NJ.
Basics of Purchasing
The whole of the agreement between the supplier of waste and Greencable shall be set out in these terms and conditions to the exclusion of all other terms and conditions.
We reserve the right to vary any quoted price if, during the process of the collection, new information regarding the market rate of the waste changes whether or not this could have been ascertained at the start of the process.
Provision of Services
Unless we are prevented from doing so by a Force Majeure Event, we will provide services with reasonable care and skill.
We will make every effort to provide the services on collection dates provided but there may be delays due to circumstances beyond our control. In this case we will inform you to arrange a revised collection date as soon as reasonably possible. Where we provide you 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.
You shall provide our employees with free and safe access to the location on the premises from where the waste is to be collected. You shall also notify us of any special circumstances which may be relevant to our quotation, including but not limited to, if the waste 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 waste can be cleared, or if we are unable to park free of charge outside the premises where the waste is to be collected from. If you do not, or you provide us with incomplete or inaccurate information or instructions, we may cancel a collection at any time, either on attendance at site or by giving you notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required.
In the event that we attend the premises in your absence you undertake to provide us with the reliable means to contact you prior to the collection proceeding. Failure to do so may result in the collection failing in which circumstances Greencable Ltd is not to be held liable for any loss or damage howsoever incurred.
You confirm that you have the full authority for us to collect the waste. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of your not having the authority for us to clear the waste including any containers.
If we detect or suspect there may be any asbestos, syringes, drug paraphernalia or other hazardous or dangerous substances or materials on site we may at our sole discretion, immediately vacate the premises, and will not be responsible for further collection.
If we need to engage expert services to remove such materials already loaded onto our trucks, or having been tipped at a transfer station, we reserve the right to charge you 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. You 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.
We will agree to sign a Waste Transfer Note provided by you at the location and 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 producers responsibility to provide a Waste Transfer Note and the producer of the waste should retain this document for at least two years. 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.
Any sharp or dangerous objects e.g. knives and broken glass should be separately stored in an appropriate container by you 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.
Payment and price
Our primary pricing method is to pay for each collection by weighing the waste upon collection. The price we are prepared to pay for waste will be determined by a combination of the current market rate at the time of collection and an analysis of the price paid by local competitors.
Payment will be made to customers on the following working day after collection has been made.
We reserve the right to close your account at any time without notice if, in our sole opinion, the account holder or any representative or agent of account holder has been, or is suspected of having been party to bribery, corruption, illegal practices, solicitation of companies that hold accounts with Greencable, solicitation or offers of employment to current Greencable staff or any other act that may be considered by us to be to the detriment of Greencable Ltd.
Limitation of Liability
Greencable will accept no liability for the implied legality of any service that we carry out. No opinion or purported advice offered by any Greencable 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 Greencable against any losses or liabilities arising from dispute of property or any other legal dispute.
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.
Subject to the preceding, under no circumstances whatsoever shall we be liable to you, 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 you 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.
Due to the nature of the service we cannot guarantee that no damage to property will occur during the collection process. The customer should inspect the working area once our collection 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 Greencable within 7 days of completion of the collection. We will not accept liability for any damage that is not notified to us within this time.
Greencable accept no liability to any theft and/or damage to collection bins whilst they are in possession of the customer and/or within the confounds of the customer’s property.
Events Outside Our Control
We 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).
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; (e) pandemics/epidemics
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.
We may terminate the arrangement between us at any time.
Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
You may not transfer any of your 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 your rights under these Terms.
All notices sent by you to us must be sent to us at Greencable Ltd, Office 1, Izabella House, 24-26 Regent Place, Birmingham, B1 3NJ and/or email to email@example.com. We may give notice to you at either the e-mail or postal address you provide 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.
We will only use the personal information you provide to us to provide the services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
You acknowledge and agree that we may pass your details to credit reference agencies.
You acknowledge that we may share your data with any party listed in our registration as a data controller in full compliance with all aspects of the data protection act.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.