Terms & Conditions

Here’s important information you need to know about working with Circle Recycling

 

GENERAL TERMS

 

1. Definition
   • In these terms ‘Circle’ shall mean Circle Recycling Limited.
   • In these terms ‘Customer’ shall mean either the hirer (if different) or the occupier of the Site where a container or service has been delivered.
   • ‘Parties’ applies to both Circle and the Customer.

 

2. Conditions Applicable
   • Conflict with your Terms – you agree that any condition or requirement in your purchase order or other documents and any verbal instructions or request which adds to or conflicts with any condition of our Terms and Conditions will not apply unless agreed prior in writing.
   • The Customer has selected the services without any reliance on Circle and acknowledges that Circle has not made any condition representation or warranty of any kind in relation to the services unless same are incorporated immediately beneath this clause and by both parties.
   • All requests for services by the Customer to purchase Services shall be in line with these Terms and Conditions.

 

3. Price and Payment
   • Unless agreed in writing by both Parties the time for payment will be 30 days net monthly.
   • Credit terms are subject to the successful completion and approval of the Circle credit application process.
   • Circle, In the event the account falls overdue, reserves the right to suspend the provision of services and seek additional security or guarantees from the Customer or their Proprietors/Directors prior to recommencing the provision of services.
   • Notwithstanding the terms of 3.3 above, Circle reserves the right to cancel credit terms for hire and/or disposal as a result of any account becoming overdue in line with agreed payment terms.
   • Circle reserves the right to charge interest on all sums that remain unpaid after the due date at the rate set out in accordance with the Late Payment of Commercial Debts (Interest) Regulations 2002.
   • Circle reserves the right to revise its charges at any time but will give the Customer written notice of any such changes in price and the Agreement will deemed to be amended to incorporate the revision to the charges which will then be payable by the Customer.
   • Without prejudice the foregoing Circle will also charge the customer for dealing with overloaded containers or for non-compliant waste streams included in the load e.g. fridges or tyres.
   • If the Customer requests further copies of any document including tickets, waste transfer notes, already available on the portal from Circle as evidence of the Service the charge will be £25.00 per document provided.
   • All payments must be paid without any set-off or deduction against any invoice(s).

 

4. The Term
   • Our Agreement shall commence on the commencement date and shall continue for the full Agreement period. The Agreement shall continue thereafter for successive periods of at least the same length as the full Agreement period (“continuation periods”) unless and until terminated by the provision of 1 month’s written notice given by either party to the other Although unless agreed in writing the minimum duration of the Service will be 2 calendar years from the commencement of service.

 

• The Customer agrees that acceptance of any service, equipment, waste transfer note, collection/delivery note, or weighbridge ticket is deemed as acceptance of these terms and any service period thereafter.
• Exclusive Agreement – during the length of this Agreement the Customer agrees that it will not, enter into any other Agreement or contract for the services provided under this Agreement with any person, firm, agent, broker or company other than with Circle.

 

5. Risks and Liabilities
   • The Customer will be responsible for any costs, losses or damages incurred by Circle, or any third-party, in connection with their failures, negligence or any breach of contract (including any inaccuracy in the description of the Material).

 

6. Restrictions on Liability
   • Nothing in our Agreement will operate to exclude, restrict, or limit liability for death or personal injury.
   • If you have a claim against us for which we are held legally liable our total liability will be limited to £5,000 per incident or related incident.
   • We will not be liable for any loss, damage claim that:

• Results from your act, omission, negligence, or default; is not a natural and direct result of our act, omission, negligence, or default (including any loss or damage which was not foreseeable to both of us).
• Is financial or economic loss or damage (including but not limited to loss of profit, business, income, goodwill other financial loss).

 

7. Legal Rules
   • Both Parties will comply with all legal rules that are relevant to the Parties. Circle may change site rules and payments as are considered appropriate to reflect the interpretation of the effects of legal rules or new legal rules.

 

8. Notification of Claims
   • Any claims the Customer has against Circle must be notified to Circle within 14 days of the cause of action leading to the claim.

 

9. Governing Law
   • Any Agreement will be governed by English law and the Parties agree to only bring legal proceedings in the courts of England.

 

TRANSPORT SERVICES

 

10. Provision of Services
    • Circle shall deliver the goods to the Customers premises and shall install them in a position selected by the Customer.
    • The Services to be provided under this Agreement shall commence from the Delivery Date.
    • The Customer agrees to ensure the termination of any existing waste Agreement contract as soon as contractually possible after the date of this Agreement. Additionally, the Customer grants Circle full authority, at Circle’s absolute discretion and without further consultation, to act on behalf of the Customer in terminating their current waste management contract. The Customer authorises Circle to take necessary actions, such as sending letters, to effectuate the termination. The Customer hereby agrees to validate any such action, inaction, or decision made by Circle under this clause – 10.2 and will fully indemnify and hold Circle harmless against any costs, claims, damages, liabilities, or other expenses incurred as a result of Circle’s action taken in reliance on this clause.
    • Starting from the Delivery Date, unless explicitly agreed upon in writing by Circle, the minimum duration of the Service will be 2 calendar years from the Delivery Date (referred to as the “Minimum Delivery Period”).
    • Circle reserves the right to change the service days for waste collection upon reasonable notice given to the Customer, either verbally or in writing.
    • When Circle vehicles arrive at the Customer’s location to perform any part of the Services, the Customer must ensure that the Equipment is readily available and accessible for collection by Circle. Circle is not obligated to carry out any part of the Services if the Customer fails to comply with this clause. However, the Circle retains the right to impose an appropriate service charge for the wasted visit.
    • Circle is not obliged to collect any loose waste that is not placed in the appropriate container or any container that is improperly loaded with waste (including inappropriate waste). If, at its sole discretion, Circle agrees to collect such waste, it may require a representative of the Customer to sign for the additional collection. Circle also reserves the right to charge the Customer an additional fee based on a pro-rata basis.
    • If Circle, at its discretion, agrees to provide additional services on behalf of the Customer in addition to the Services, the Customer will be charged accordingly on a pro-rata basis.
    • The Customer will provide instructions regarding the placement of the Circle’s Equipment, and they will bear the responsibility for ensuring the suitability of the location. The Customer will also ensure that any required permits and/or consents, including those from the local authority, have been obtained, are valid, and are consistently adhered to.
    • Circle drivers are instructed not to drive over footpaths, drives, grass verges, drains etc. and not to lift skips over walls or fences or to raised embankments. Should the Customer require a driver of Circle to do so, and damage is caused Circle will not be responsible for any such consequential damage.
    • Customers are advised prior to delivery to protect paving slabs, manhole covers or other items which may be subject to damage by the delivery vehicle or to ensure that all access ways are otherwise safe for delivery.
    • The driver for Circle shall deposit the container pursuant for the direction of the Customer and for such purposes the driver of Circle shall be the agent of the Customer and provided the driver has followed the Customers direction Circle shall not be responsible in the event of damage or injury although the Customer will be responsible for any damage to the Circle vehicle or injury to people.
    • Circle will not be responsible for any default or delay to the provision of any Service or any other matter whatsoever under this Agreement which arises wholly or in any part due to any act of God, war, pandemic, endemic, strike, lock-out, industrial action, fire, flood, drought, storm or other adverse weather condition, or other events beyond the reasonable control of either party.
    • Circle and its employees reserve the right to refuse the collection and disposal of any substance that they reasonably believe to be toxic, explosive, flammable, or otherwise hazardous, or if handling such substance would unreasonably burden the Company or disrupt its working schedule or violate its licenses.

 

11. Equipment
    • All and every item of equipment or container (“Equipment”) on hire or used by the Customer shall remain the property of Circle and the Customer will indemnify Circle fully and effectively and keep it indemnified against all losses, costs, claims, cleaning or replacement occurring other than fair wear and tear.
    • Circle reserves the right to charge any cost of repair, cleaning, or replacement of the Equipment as a result of the negligence of the Customer, including theft of the Equipment.
    • The Customer must at all times keep the Equipment in a safe place and shall be responsible for any loss cost, claim, charge, expense or damage caused to any third party in relation to the positioning and use of the Equipment.
    • The Customer must not remove, damage, or obliterate any of the markings placed on the Equipment by Circle, overload the container, or set fire to the contents of the container. In the event of damage caused by fire or any other cause the Customer is deemed responsible for all costs incurred in the repair or replacement of the Equipment.
    • The Equipment must only be used by the Customer for the purpose it is intended. Where equipment is provided under the Lifting of work Equipment Regulations (LOLER) the Customer is responsible to ensure that the Equipment is used in compliance with these Regulations.  Circle will not be liable for any damage or injury caused when such Regulations are not complied with.

 

12. Access
    • The Customer shall permit Circle at all reasonable times on reasonable notice to have access to goods to any property where it is for the purpose of inspecting, repairing or repossessing Equipment.

 

 

 

13. Termination on Default
    • Circle may by written notice terminate the hiring and retake possession of the goods if the Customer is in breach of any of the terms herein, is adjudged bankrupt or has entered into voluntary arrangement with the company, is wound up or is put into receivership.

 

14. Miscellaneous
    • The Customer shall be responsible for controlling all waste that is placed in the skip.
    • No asbestos, or other hazardous/special wastes for example: oils, flammable materials, corrosive or infectious wastes, refrigerators, freezers, gas bottles, tyres, chemical waste or any items that pose a health and safety risk shall not be loaded into the skip unless Circle has previously agreed in writing.
    • If upon Circle emptying the skip and any unauthorised Materials are found, they are normally quarantined on site and either collected by the Customer meeting any additional costs or dealt with as per clause 14.4.
    • In the event that the Customer does not collect the Material, the Customer will be required to meet the full costs of handling, treatment, and transportation necessary to achieve final disposal within current legislation.

 

DISPOSAL SERVICES

 

15. Your Material
    • The Customer will properly and accurately describe all Materials they bring to the sites (including completing a Waste Transfer Note where relevant) and Circle will rely upon that description including for settling payment. The Customer is responsible for ensuring only Materials conforming to their description are delivered to site and will not contain any hazardous waste, liquids, or
    • The Customer guarantees their full compliance with the obligations outlined in these clauses. Furthermore, the Customer agrees to indemnify and hold the Company fully and effectively indemnified against any costs, losses, charges, expenses, or damages of any kind and in any manner that may arise due to their failure to comply with said obligations.

 

16. Material Composition
    • Circle reserve the right to inspect the Customer’s Material and may (before or after acceptance) take samples to review its composition and/or accuracy of their description. The results of Circle checks or samples will be conclusive. This right does not free the Customer of their liability for their Material delivered to We may charge you our reasonable costs in taking any samples, this may also include chemical & metals testing at a Circle nominated laboratory.
    • The Customer will ensure that all provisions of Section 34 of the Environmental Protection Act 1990, the Waste (England & Wales) Regulations 2011 and the Waste Classification Technical Guidance WM3 as amended are complied with including without limitation:

• The waste material must be adequately contained and not allowed to escape and stored in a secure place.
• A waste transfer note must be signed and any changes there to notified to Circle.
• An accurate written description of the waste must be provided.

 

17. What Happens If Your Material Contains Items We Cannot Accept?
    • If your Material does not comply with the site’s acceptance criteria, we will reject it and ask you to reload and remove it at your cost. Where we feel this it is not practicable, we will charge you for the additional costs of correcting your failure and sending it to a facility that is licensed to accept it.  Where you repeatedly deliver non-conforming Material, we reserve the right to temporarily or permanently cease to be obliged to accept the

 

18. Ownership and Liability of the Material
    • Your Material will become our property when it enters the site unless we reject it for any reason. This will not free you from any liability or responsibility you have in relation to the Material whether under our Agreement or otherwise.  Where we may have arranged the transportation, we have no obligation to inspect the load before delivery to the site and if we subsequently reject it for any reason, we take no liability for its rejection and you will still pay for the transportation of the load to our site.

 

19. Material Weights
    • The amounts will be calculated as set out in the commercial terms and applied to the actual weight of your Material as shown by the weighbridge ticket (subject to the minimum tonnage). Where our weighing facilities may not be working, for any reason, we will estimate the weight acting reasonably and using previous weights as a guide.

 

20. Target Tonnage
    • Should we agree a target tonnage into the site this is not a guaranteed tonnage into Circle but at the same time Circle reserves the right to review future commercial terms as a result of ongoing target tonnage shortfalls.

 

21. Site Opening Hours
    • Circle sites opening hours are Monday to Friday 07:00 until 17:00 hours and Saturdays 07:00 until 12:00 hours. The sites are not open for disposal on Sundays and Bank Holidays unless otherwise agreed.  Circle will not be liable for any costs or losses the Customer incur if the site is closed for whatever reason.

 

22. Conduct on Site
    • Upon entering the site, the Customer’s driver must at once report to the Weighbridge or as may be directed by a Circle employee. The Customer’s driver will adhere to all site rules when on the site including adhering to the directions of our employees.  Circle can refuse to allow a Customer’s vehicle to enter the site with just cause such as, for example, if Circle believe the site rules will not be followed or the Customer has not paid undisputed amounts under an

 

23.       Risks and Liabilities

• The Customer will be responsible for any costs, losses or damages incurred by Circle, or any third-party, in connection with your failures, negligence or any breach of contract (including any inaccuracy in the description of the Material).
• Circle will not be responsible or liable for any loss or damage to, any property including vehicles or mobile equipment whatsoever whilst on the site or resulting from it being on the site.
• The Customer will compensate us in full against any cost, loss, damages, or financial settlement payable by or in connection with any responsibility, risk of liability you have under our Agreement.

 

24. Restrictions on Our Liability
    • Nothing in our Agreement will operate to exclude, restrict, or limit liability for death or personal
    • If you have a claim against us for which we are held legally liable our total liability will be limited to £5,000 per incident or related incident. Circle will not be liable for any loss, damage claim that:

 

• Results from your act, omission, negligence, or default; is not a natural and direct result of our act, omission, negligence, or default (including any loss or damage which was not foreseeable to both of us).

 

• Is financial or economic loss or damage (including but not limited to loss of profit, business, income, goodwill other financial loss).

 

25. Mandatory Insurance Requirements
    • At all times each Party will put in place and maintain all insurance required by legal rules to a minimum insurance cover of at least £5,000,000 per event or series of connected event.
26. Value Added Tax
    • All payments are exclusive of VAT as HMRC may determine from time to

 

27. Other Taxes
    • The payments will include payments for all applicable taxes excluding VAT period if any tax is subsequently not payable for this refunded to us for any reason, then Circle are entitled to retain any notional or actual tax saving and no savings or refund will be payable to you. Any tax for whatever reason including where we are charged a different rate by HMRC, you will be liable to reimburse the difference for the additional

 

28. Other Payments
    • You also agree to pay Circle:

• Our reasonable cost relating to a breach or failure by you or your obligations under our Agreement.
• £25.00 charge for each copy of any documents you request for example an invoice, a waste transfer note or weighbridge ticket. (Please note: waste transfer notes

and weighbridge tickets can be obtained from the Circle website/portal www.circlerecycling.co.uk).

 

29. Credit
    • Any credit arrangements we may grant you, including invoice payment program, may be withdrawn or suspended if an invoice remains unpaid beyond its due date for the payment or if any credit limit we have set for you is exceeded (in which case we reserve the right to temporarily or permanently cease to be obliged to accept the Material).

 

30. Payment of Invoices
    • All payments must be paid without any set-off or deduction at 30 days net monthly by the relevant party, unless otherwise agreed in writing.
    • All invoice query’s must be notified to Circle with 14 days from date of invoice, queries must be e-mailed to accounts@circlerecycling.co.uk
    • Circle will not authorise payment for invoices for any services that are completed more than 6 months from date of invoice.

 

31. What Happens If Either of Us Do Not Pay Within 30 Days?
    • Without affecting any rights either of us have elsewhere under our Agreement:

• All amounts will still attract costs and interest on a daily basis in line with the provisions of the Late Payment of Commercial Debts Regulations 2002.
• You must pay all undisputed amounts within 30 days as per Clause 30.1.
• Payment of an invoice as shown by our records will be proof that we accepted and correctly treated the quantity of Material delivered to the sites and acting reasonably and in good faith. Any disputed amount claimed under an invoice and you must inform us with this within a 14-day period from date of invoice as per Clause 30.2.
• You cannot refuse to pay any amount on the basis we owe you money under the Agreement or any other Agreement.

 

32. Ending Our Agreement
    • We may terminate should a bankruptcy order be made against you or your company; you or your company make voluntary arrangements with your creditors; you or your company have a receiver, and administrator or an administrative receiver appointed for the whole or any part of you or your company’s assets; an order is made for a resolution passed for your winding-up (unless for a group reconstruction or amalgamation); you or your company fail to pay any amount due to us under the The ending of our Agreement will be without prejudice to any rights or liabilities that either of us may have accrued to that date.

 

33. Legal Rules
    • Both of us will comply with all legal rules that are relevant to us. We may change our Agreement, our site rules, and the payments as we consider appropriate to reflect our interpretation of the effects of legal rules or any new legal

 

34. Can We Change Our Agreement?
    • Change Agreements to ensure the good management of our business at any time. Normally we will give you at least 14 days’ notice. You agree to accept such changes and failure to do so will automatically end our Agreement period.

 

35. Ineffective Terms or Conditions
    • If a court or competent decides that any part of our Agreement is invalid or ineffective the rest of our Agreement will not be affected. If we then become liable for any loss or damage then that loss or damage will be subject to the other exclusions, restrictions, or limitations of our Agreement.

 

36. Waiver
    • If we do not insist on any rights we may have, we may still insist on the right at a later date.

 

37. Assignment
    • You may not transfer any of your rights and/or responsibilities under our Agreement to another person or entity without our prior written consent, but we may do so without your prior written consent.

 

38. Contracts (Rights of Third Parties) Act 1999
    • A person, or any company who is not party to the Agreement will have no right under this act to enforce any part of the Agreement.

 

39. The Signing of Our Agreement
    • We are entitled to assume that the person signing our Agreement is duly authorised to bind you legally to your obligations under it.

 

40.    Words and Phrases Used in Our Agreement

• “Commercial Terms” the commercial document setting out the terms and payments for the acceptance of the Material at the
• “Legal Rules” UK or European legislation, provision of common law or requirements of any authorisation, licence, consent, permit, code of practice, rule of guidance note issued by an authorised
• “Material” the Material described in the commercial terms or other descriptive document (e.g., waste transfer note) delivered to any site under our Agreement and which meets the sites Material or waste acceptance
• “Material Acceptance Criteria” each site list of acceptable and prohibited Material as updated from time to
• “Payments” the payments for the Material will be set out in the commercial terms are as agreed at the site.
• “Site” each Site named in the Commercial
• “Site Rules” Legal Rules and Rules displayed or available at the site in relation to the policies, procedures and conduct at the site and in relation to the treatment of
• “Waste Transfer Note” the document required to comply with the Duty of Care (S.34 of the EPA 1990 and the Environmental Protection (Duty of Care) Regulations 2011).

 

41. Termination
    • For the purpose of retaking possession of the goods Circle may enter the premises where the goods are situated and in retaking possession shall not affect their right to have any money due at any time of the termination or to recover damages for any breach of this Agreement before the termination.
    • The Circle retains the right to terminate the Agreement by providing written notice to the Customer at the address specified on account application form, if there is reasonable cause to believe that the Customer may be unable to fulfil their obligations under this Agreement. This includes cases where the Company’s credit checks, as outlined in Clause 29.1, indicate concerns about the Customer’s ability to honour their financial commitments. In such an event, neither party shall have any further obligations.
    • Any notice from another prospective supplier claiming to terminate this Agreement will not be valid or effective under any circumstances, and any such notice must be submitted in writing on the Customer’s official letterhead and signed by an authorised representative of the Customer’s organisation.

 

42. Data Protection
    • Circle is authorised to conduct credit searches through a credit reference agency. These searches will be recorded and may be shared with other businesses. In certain cases, Circle may also conduct credit searches on the personal credit profiles of the principal directors of the Customer’s business. If it becomes necessary to review the account, a credit reference may be used, and a record of it will be maintained. Circle will monitor and record information regarding the Customer’s trade performance, and this data will be accessible to credit reference agencies for the purpose of assessing credit applications and preventing fraud by other businesses. The Customer acknowledges that this information may be utilized to support credit facility requests with Circle and its associated companies (a list of which can be provided upon request) in accordance with their credit vetting process. Circle may employ personal data, including email addresses and telephone numbers, for its own marketing initiatives and to facilitate the provision of Services. Personal data will not be utilised for any other purposes unless expressly communicated to the Customer.

 

43. Anti-Bribery
    • The Customer shall comply with all applicable laws, statues, regulations and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2012 and shall provide such policies and any other evidence of such compliance to Circle when requested.

 

44. General
    • Any termination of this Agreement shall be without prejudice to the accrued rights of either party.
    • If any part of this Agreement is held to be invalid or unenforceable that will not affect the validity and enforceability of the remaining Clauses.
    • Circle’s rights will not be affected by any relation, forbearance, indulgence or waiver in enforcing this Agreement.
    • All obligations under this Agreement are joint and several as between the obligors.