Geo-Pollution Technologies Terms & Conditions

Standard Terms & Conditions of Sale

PART I - GENERAL

  • 1. Reference to “the Company” hereafter refers to Geo Pollution Technologies (UK) Ltd T/A GPT Environmental Management Services
  • 2. Reference to “the Customer” means any person(s), firm, limited liability partnership, company or its agents who enters into the Agreement with the Company.
  • 3. Reference to “the Agreement” refers to any contract or signed/accepted quotation between the Company and the Customer for the supply of goods and Services to be carried out by the Company, incorporating these Terms and Conditions.
  • 4. Reference to “the Services” means any service provided by the Company in accordance with a quotation accepted by the Customer or other instructions from the Customer to provide services.
  • 5. Subject to any variation of the Agreement will be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
  • 6. No terms or conditions endorsed upon, delivered with or contained in the Customer’s purchase order, confirmation of order, specification or other document will form part of the Agreement simply as a result of such document being referred to in this Agreement.
  • 7. These Terms and Conditions apply to the provision of the Services and any variation to these Terms and Conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Company.
  • 8. Each order for Services placed by the Customer with the Company shall be deemed to be an offer by the Customer to purchase Services subject to these Terms and Conditions.
  • 9. The Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the supply of the Services, nor will any delay entitle the Customer to terminate or rescind the Agreement.

PART II - COMPANY’S OBLIGATIONS

  • 10. Every Quotation shall have effect for the period of 30 days from the date of the quotation unless and until superseded by a subsequent Quotation or as otherwise provided in writing by the Company.
  • 11. The Company shall use its best endeavours to carry out the Services as detailed in the Agreement. The Company’s representatives are not authorised to accept any addition, alteration or variation to the Services. Units of measurement on which the Company’s prices are based are nominal only and the Company will not accept any liability for or make any refund in respect of any short measurement.
  • 12. The Company or its chosen Representative will advise of any additional works or changes to the agreed scope, and agree the scale of any additional associated costs as soon as reasonably practicable.
  • 13. The Company shall indemnify the Customer against any loss of or damage to the Customer’s property for which the Company is responsible or any liability for death or personal injury resulting from the negligence of the Company, its servants or agents PROVIDED THAT the Company shall be under no liability whatsoever if in connection with a claim made by the Customer under this Clause, the Customer shall be in breach of any of its obligations under Part III below where such breach is a material and contributing cause of the loss, damage or liability giving rise to the claim.
  • 14. Time shall not be of essence in respect of the Company’s performance pursuant to these terms and conditions.
  • 15. The Company shall not be liable to the Customer for non-performance or delay or defective performance of its obligations herein to the extent that the same was caused by factors entirely beyond its control, including labour disputes whether or not involving either party’s employees.
  • 16. The Company shall not incur any further obligations or liability in connection with the Services.
  • 17. The Company may assign the Agreement or any part of it to any person, firm or company.

PART III - CUSTOMER’S OBLIGATIONS

  • 18. The Customer agrees to the Services and shall pay to the Company:-
  • (i) The charges specified within the agreement, the quotation or other formal agreement between the Company and the Customer.
  • (ii) Additional charges as defined in these Terms and Conditions, details of which can be obtained upon application to the Company.
  • (iii) Value added tax and/or other payments imposed by or pursuant to statute.
  • (iv) All charges on demand unless account facilities have been agreed with the Company prior to the commencement of the Services. Where account facilities have been agreed payment will be due for payment within 30 days net of invoice date. If payment is not received within 37 days net of invoice date, the Company retains the right to instruct Debt Recovery agents to commence Recovery Proceedings immediately.
  • (v) All charges incurred in relation to additional works, properly notified and agreed changes of scope, in line with agreed payment terms as in section (iv).
  • (vi) The company will produce invoice(s) for interim payments for the value of work executed by the company at each ‘Valuation Date’. Unless agreed otherwise in writing the first Valuation Date shall be the last working day of the month and later Valuation Dates shall occur at: (a) monthly intervals thereafter until practical completion of the Works, and (b) one month after the date of practical completion of the Sub-Contract Works.
  • (vii) At the discretion of the Board of Directors of GPT, For clients who require extended payment facilities may be able to apply for payment terms of 31 – 60 days from date of invoice at a surcharge of 3% over LIBOR based on the invoice total applied.
  • (viii) At the discretion of the Board of Directors of GPT, For clients who require extended payment facilities may be able to apply for payment terms of 61 – 90 days from date of invoice at a surcharge of 6% over LIBOR based on the invoice total applied.
  • (ix) All overdue accounts will be passed on to our debt recovery agents and interest on all overdue accounts will be applied at a rate equivalent to 15% per annum. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998, plus all Debt Recovery Fees.
  • (x) The Customer shall make all payments due under the Agreement without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.
  • (xi) Any queries on an invoice must be raised in writing by the customer within 7 days of the invoice date, otherwise the invoiced amount shall be deemed to be accepted by the customer.
  • (xii) Any requests for additional copies of documentation may incur additional charges.
  • 19. All goods supplied shall remain the legal property of the company until such time that the customer has paid the agreed invoice value in full.
  • 20. Claims for non-delivery or damage of supplied goods will only be accepted if received within 24 hours of delivery to the agreed customer’s delivery address.
  • 21. The Customer shall not cause the Company to remove, store, carry or dispose of:-
  • (i) Waste which contains substances to which the Hazardous Waste Regulations 2005 apply unless the removal is accompanied by a consignment note as defined under the aforementioned Regulations.
  • (ii) Explosive or dangerous materials or any articles or substances likely to cause injury or damage in the course of its removal, storage, carriage or disposal, unless this condition is specifically excluded, and the material specifically accepted for transfer by the prior written consent of the Company and signed by an officer of the Company.
  • (iii) If the Customer shall be in breach of this Clause the Customer shall indemnify the Company in respect of any loss or damage or any liability arising therefrom.
  • 22. The Customer shall comply with all relevant legislation with regard to the waste that they produce, hold or want to have removed or processed.
  • 23. The Customer shall provide at the site address adequate and appropriate access to facilitate the supply of the Services by the Company, its employees and sub-contractors including, but not limited to, the supply of appropriate roadways. When access to the site reasonably requires the crossing of land which is not owned or occupied by the Customer, the Customer warrants that they have obtained the necessary consents for access at the times agreed for providing the Services. The Customer will indemnify the Company, its employees and sub-contractors from and against any claim for trespass or damage arising from the crossing of any such land.
  • (i) Provide at all times a convenient and unobstructed means of access suitable for use by the Company’s vehicles to carry out the Services.
  • (ii) Obtain permission/s for the Company to enter onto property not belonging to the Customer to carry out the Services requested by the Customer, and shall indemnify and hold harmless the Company in respect of any actions arising therefrom other than as provided for in Clause 15 hereof.
  • (iii) Pay additional charges arising from any unreasonable delay or interruption in the Services caused by the Customer its servants/agents and for any Services provided by the Company on any public, statutory or bank holiday, Saturday afternoon, Sunday or at any time outside of normal working hours.
  • 24. Before the Company shall accept waste material for transfer/disposal the Customer shall provide to the Company, either an accurate written description ("Description") of the waste or a sample of the waste at the sole discretion of the Company not less than seven (7) days before the date on which the Company is due to accept the waste for disposal at their facility ("Acceptance Date") in order that the Company may treat, keep and dispose of the waste in an authorised and appropriate manner.
  • 25. The Customer undertakes that the waste handled by the Company shall accord with the description in each and every respect and the waste shall be packaged and labelled in accordance with all relevant legislation, rules and regulations. Containers of the waste shall be fit for the purpose and sufficiently durable to prevent harm and health or pollution of the environment and the Customer's personnel shall be technically competent to handle the waste.
  • 26. The Customer shall provide to the Company within 48 hours of the Services details of any complaint or property damage caused, with supporting evidence. Should the Customer fail to notify the Company within the stated period the Company shall have no liability whatsoever.
  • 27. Where the Services have been based upon information supplied by the Customer, the Company reserves the right to terminate or renegotiate the Services and the Customer agrees to pay all additional costs incurred as a result of providing inaccurate information.
  • 28. The Customer shall take out and maintain any and all insurance as is necessary to cover its liability in respect of personal injury or death and in respect of injury or damage to property real or personal arising out of or in the course of or caused by the carrying out of its operations.
  • 29. The Customer hereby agrees to indemnify the Company against each and every liability which the Company may incur to any person whatsoever and against all claims, demands, proceeds, damages and/or expenses occurred or payable by the Company to the extent that the same arise by reason or any act or omission by the Customer.
  • 30. The Customer shall not be entitled to assign the Agreement or any part of it without the prior written consent of the Company.
  • 31. JURISDICTION All disputes arising out of or in connection with the Services shall be determined according to the Laws of England and Wales, and in the Courts of England and Wales.
  • 32. PERIOD OF CONTRACT The period of the contract will be the term specified in the quotation provided by the Company.
  • 33. VARIATION The charges specified overleaf are based on existing costs of fuel, disposal, rates, wages, materials and other expenses payable by the Company and the frequency of the Services as detailed in the Agreement. If such costs vary as a result of changes in legislation or economic factors outside the control of the Company or frequency varies, the Company reserves the right to vary the charge immediately in accordance with such change. In all other cases, the Company may vary the charges by giving one calendar months’ notice in writing to the Customer expiring on any day after the end of the first twelve month term of the Contract