We are 1clearance and provide all the services described on our website.
BASIS OF SALE
The whole of the agreement between the customer and 1clearance shall be set out in these terms and conditions to the exclusion of all other terms and conditions.
Where we are able to provide a quote for our services without first needing to inspect the location where our services are to be provided then a contract shall be created between us on your acceptance of our quote, whether by telephone or email or otherwise.
We reserve the right to vary our quoted price if at the time of collection the information you provided to us at the time of quotation was incomplete or inaccurate. We reserve the right to vary any quoted price if, during the process of the collection, new information regarding the nature of the waste or the quatity becomes apparent; whether or not this could have been determined at the time that initial estimation was given. Any estimation given is not binding and is given on the understanding that we cannot give a comprehensive quotation without being on site and fully surveying the waste to be disposed. Any monies given before the job is undertaken will be considered a deposit to secure our services and an invoice for any outstanding amount will issued after the work has been completed.
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 dates provided but we may need to reschedule due to circumstances beyond our control. In this instance we will inform you to arrange a revised date as soon as is reasonably possible. Where we provide you with an estimated time of arrival this should not be considered as offering any form of guarantee as to when we will arrive. Any lateness on our part will not be considered against the total bill for the service provide.
You shall provide our employees with free and safe access to the location or premises and a failure to do so will result in us being unable to perform service but the full cost of the job will still be incurred. You shall also notify us of any special circumstances which may be relevant to our quotation, including but not limited to, large or heavy items, hazardous waste, difficult access, remote parking. Any parking charges will be added to the final invoice. We reserve right to cancel any job or levy further charges in the event of innacurate information being given.
In the event that we attend the premises in your absence you undertake to provide us with the reliable means to contact you and take payment prior to the service being undertaken. We require that all other parties that have an interest in the location or premises are informed of our presence on the day and any disruption caused will lead to further charges being levied. 1clearance is not to be held liable for any loss or damage incurred in the provision of our services.
You confirm that you have the full authority to grant access to the location or premises and permission to carry the requested service. 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 carry out the job.
If we detect or suspect there may be any asbestos, syringes, drug paraphernalia or other hazardous / dangerous substances or materials, without prior knowledge on site we may at our sole discretion, immediately vacate the premises, and will not be responsible for failure to complete the job. In such circumstances, you shall still be fully liable to pay for our attendance in full and for any services already provided. In this event we may, at our discretion, provide you with a new quotation to deal with this unexpected and dangerous waste.
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.
Any sharp or dangerous objects e.g. knives and broken glass that are to be collected and removed should be separately stored in an appropriate container by you before we arrive. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our staff.
PAYMENT AND PRICE
The pricing and payment methods (usually by BACS tranfer) for our services will be determined by ourselves and is completely at our discretion. We reserve the right to levy further costs for unexpected extra work that needs to be carried out to meet your expectations.
Payment must be made prior to the service being carried. In the event payment is not made, any waste collected may be returned to the location or premises. Failure to provide payment in advance will constitute a breach of our agreement and the delivery of any services will be at our discretion. We reserve the right to charge interest on any unpaid balance at the rate of 8% above the base rate as set from time to time by The Bank of England. We do not assume ownership of any waste removed until payment for the whole service has been received and a transfer note has been provided to the customer. We may invoice you at any time after we have provided the services. Any invoices issued must be paid upon receipt save by prior agreement unless you have a prior credit agreement with 1Clearance.
Time for payment of our invoices shall be of the essence of the contract.
Without limiting any other remedies or rights that we may have if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.
You shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
CANCELLATIONS AND CHARGES
We may, at our discretion refund the attendance fee if you wish to cancel a booked service provided such that a request to do so is received no less than five working days to the date of the collection by email sent to ‘email@example.com’ or by telephone on 01234 331 357.
Where you may be deemed to be contracting as a “consumer” then you will additionally have the right to cancel a booking at any time up to the end of fourteen days after the day on which the contract is concluded, subject to the following provisions
(a) You do not have the right to cancel the contract if the supply of our services begins with your agreement before the end of the fourteen-day cancellation period. It is assumed we have your agreement if we are required to carry out our work within this period.
(b) To exercise the statutory right of cancellation, you must provide us with written notice.
If we are unable to remove any items from the premises as, for example, they are too large to fit through the doorways, then if we agree, in our discretion, to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway if we are still unable to remove the item from the premises, then we shall not be responsible for the reassembly of such an item.
We allocate 5 minutes for the removal to our vehicle for each cubic yard of rubbish at the premises specified together with 5 minutes for our vehicle team to make their initial assessment of the job. Where it takes us longer than the allocated time for the allocated amount of storage space on a truck (which may differ from the amount of space it takes up when stored) we reserve the right to charge for each additional minute of labour at such rates as displayed on the Company’s website from time to time.
If in the sole judgement of our team, the weight of any waste to be collected and disposed of exceeds the legal load weight of our vehicles, we reserve the right to cancel the collection and charge for the total cost of the service.
Projected time for the collection and measurements of weight and volume are all assessed by our team at their absolute discretion at the start of the collection. We reserve the right to apply additional charges throughout the job and at its conclusion.
LIMITATION OF LIABILITY
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 of 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 clearance process. The customer should inspect the working area once our clearance 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 1clearance within 7 days of completion of the site clearance. We will not accept liability for any damage that is not notified to us within this time.
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 disasters; (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.
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 and at our discretion.
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 firstname.lastname@example.org 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 received. In the case of an email that the email was sent to the specified e-mail address of the addressee. 1Clearance will not be liable in the event that any email is blocked by spam filters due to a improper configuration of your email servers.
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.
SKIP BAG SERVICES
Additional Terms and conditions specific to the Skip Bag service
The Skip Bag should be placed on your own property, and not placed on any public land unless the appropriate license has been obtained.
Weight limits must be observed when filling the Skip Bag. Maximum weight limits are shown on the bag and on our website at the time of ordering. Should the bag appear in our sole opinion to be overweight then we reserve the right not to collect the bag, and a wasted journey charge will apply. We may at our sole discretion make an extra charge for any weight over the stated weight limit of the bag.
The “large” and “Extra Large” sized bags should not be used for heavy and dense waste such as bricks, concrete, masonry, heavy wood or other such waste streams. Small amounts of these waste streams are acceptable, but please confirm the amount with our customer service team in advance.
We are unable to remove hazardous waste in your Skip Bag, and any such waste streams may be removed from the bag before collection. Hazardous waste includes, but is not limited to, fridges, freezers, liquid waste of any description, paint, asbestos, batteries, gas bottles, food waste or clinical waste. For more information, you should contact our customer service department in advance.
We cannot remove plasterboard where it is mixed with other waste. Plasterboard should be kept separate at all times.
You may cancel your collection up to the date that is five working days from the scheduled collection. You will be responsible for the cost of returning the bag to us.