STANDARD TERMS

These terms set out the Standard Terms between the parties for transactions entered into via www.hazvalue.com
1 Application
  The Buyer hereby orders and the Supplier, by accepting the Order, agrees that it will supply the Goods specified upon and subject to these conditions which shall govern the Contract to the exclusion of any other terms and conditions.
2 Interpretation
 
2.1 In these Conditions:-
"Business Day" means any day other than a Saturday, Sunday or bank holiday;
"the Buyer" means the bidder as described in the Order.
"these Conditions" means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
"the Contract" means the contract for the sale and purchase of the Goods constituted by the Seller's acceptance of the Order in accordance with these Conditions;
"the Collection address" means the address stated on the Order for collection of the Goods;
"the Order" means the Deal Confirmation notification created when an advertiser on www.hazvalue.com accepts a bid from a bidder in respect to a specific advertisement on said site to which these Conditions are annexed;
"the Goods" means the goods (including any instalment of the goods or any part of them) described in the Order;
"the Price" means the price of the Goods;
"the Seller" means the advertiser as described in the Order;
"Specification" includes any plans, drawings, data or other information relating to the Goods; and
"Writing" includes facsimile, transmission, electronic mail and comparable means of communication.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3 Basis of Purchase
 
3.1 The Order constitutes an offer by the Buyer to acquire the Goods subject to these Conditions.
3.2 The Supplier shall accept the Order placed by the Buyer and a binding contract for the supply of the Goods subject to these conditions.
3.3 No variation to the Contract shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
4 Specification
 
4.1 The quantity, quality and description of the Goods shall, subject as provided in these Conditions, be as specified in the Order and/or in any applicable Specification supplied by the Buyer to the Seller or agreed in writing by the Buyer
4.2 The Goods shall be marked in accordance with the Buyer's instructions and any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.
4.3 The Seller shall not unreasonably refuse to take any steps necessary to comply with any request by the Buyer to inspect or test the Goods during storage at the premises of the Seller or any third party prior to collection, and to provide the Buyer with any facilities reasonably required by the Buyer for inspection or testing.
4.4 If as a result of inspection or testing the Buyer is not satisfied that the goods will comply in all respects with the Contract, and the Buyer so informs the Seller within seven days of inspection or testing, the Seller shall take such steps as are necessary to ensure compliance.
4.5 The Seller shall comply with all applicable regulations or other legal requirements concerning the manufacture, packaging, packing and allowing for the collection of the Goods.
5 Price
 
5.1 The Price of the Goods shall be as stated in the Order and, unless otherwise so stated, shall be:-
exclusive of any applicable value added tax and
inclusive of all charges for packaging, packing, shipping, carriage, insurance and collection of the Goods from the Collection Address and any duties, imposts or levies other than value added tax.
5.2 No increase in the Price may be made (whether on account of increased material, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of the Buyer in writing.
6 Payment
 
6.1 Where the Order represents a payment to Seller, the Seller shall be entitled to invoice the Buyer on or at any time after Collection of the Goods, as the case may be, and each invoice shall quote the number of the Order.
6.2 Where the Order represents a charge to Seller, the Buyer shall be entitled to invoice the Seller on or at any time after Collection of the Goods, as the case may be, and each invoice shall quote the number of the Order.
6.3 Where the Order represents a payment to the Seller, and unless otherwise stated in the Order, the Buyer shall pay the Price of the Goods within 30 days of the date of Invoice from Seller
6.4 Where the Order represents a Charge to the Seller, and unless otherwise stated in the Order, the Seller shall pay the Price of the Goods within 30 days of the date of Invoice from Buyer.
7 Collection
 
7.1 The Goods shall be collected from the Collection Address within 5 Days of acceptance of the Order during the Seller's usual business hours
7.2 The time of Collection of the Goods is of the essence of the Contract.
7.3 A Duty of Care and or Consignment Note clearly quoting the number of the Order must accompany each Collection or consignment of the goods.
7.4 If the goods are to be collected by instalments, the Contract will be treated as a single contract and not severable.
7.5 The Buyer shall be entitled to reject any Goods which are not in accordance with the Contract, and shall not be deemed to have accepted any Goods until the Buyer has had a reasonable time to inspect them.
7.6 The Seller shall supply the Buyer in good time with any instructions or other information to enable the Buyer to collect the Goods.
7.7 The Buyer will upload a copy of the completed Duty of Care and Or Consignment Note and any other requested documentation to www.hazvalue.com within 5 days of collection of Goods.
8 Quality
 
8.1 The Seller warrants that (subject to the other provisions of these conditions) upon Collection the Goods shall:
- be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
- be reasonably fit for purpose; and
- be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Seller.
9 Risk and Property
 
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon Collection to the Buyer in accordance with the Contract.
9.2 The property in the Goods shall pass to the Buyer upon Collection, unless payment for the Goods has been agreed to be made prior to Collection, when it shall pass to the Buyer once payment has been made and the Goods have been appropriated to the Contract.
10 Sub Contracting
 
10.1 The Buyer may sub-contract collection to a third party only on condition that the third party has been confirmed by Buyer to hold the appropriate Environment Agency License for collection of materials set out in the Order.
11 Warranty
 
11.1 The Seller warrants to the Buyer that the Goods:-
- Conforms in all respects with the Order and Specification supplied or advised by the Seller to the Buyer;
- will correspond with any relevant Specification or sample; and
- will comply with all statutory requirements and regulations relating to the sale of the Goods.
12 Indemnity
 
12.1 The Seller shall indemnify the Buyer in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Buyer as a result of or in connection with:-
- breach of any warranty given by the Seller in relation to the Goods;
- any act or omission of the Seller or its employees, agents or sub-contractors in supplying the Goods.
13 Remedies
 
13.1 Without prejudice to any other right or remedy which the Buyer may have, if any Goods are not supplied in accordance with, or the Seller fails to comply with, any of the terms of the Contract the Buyer shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Goods have been accepted by the Buyer:
- to rescind the Order;
- to reject the Goods (in whole or in part)
- at the Buyer's option to give the Seller the opportunity at the Seller's expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;
- to refuse to make any further collections of the Goods but without any liability to the Seller;
- to carry out at the Seller's expense any work necessary to make the Goods comply with the Contract; and
- to claim such damages as may have been sustained in consequence of the Seller's breach or breaches of the Contract.
14 Termination
 
14.1 The Buyer Or Seller shall be entitled to terminate the Contract without liability to the other party by giving notice to the other party at any time if:-
- the Buyer or Seller makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction; or
- an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer or Seller; or
- the Buyer or Seller ceases or threatens to cease, to carry on business; or
- the Buyer or Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer or Seller and notifies the Buyer or Seller accordingly.
15 Force Majeure
 
15.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 15.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations
15.2 Sub-clause 15.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated
15.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
15.4 If and when the period of such incapacity exceeds 1 month then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
16 Communications
 
16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:
16.1.1 (in case of communications to the Seller) to its registered office (if it is a company) or (in any other case) to any address of the Seller set out in any document which forms part of the Contract or such other address as shall be notified to the Buyer by the Seller.
16.1.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
16.2 Communications shall be deemed to have been received:
- if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
- if delivered by hand, on the day of Collection; or
- if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
16.3 Communications addressed to the Buyer shall be marked for the attention of the contact person set out in the Order.
16.4 Any notice required or permitted to be given by either party to the other under these Conditions 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.
17 Waiver
  No waiver by the Buyer of any breach of the Contract by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
18 Severance
  If any provisions of these Conditions are 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 provisions in question shall not be affected thereby.
19 Third Party Rights
  A person who is not a party to the Contract shall have no rights under this Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
20 Governing Law and Jurisdiction
  The Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.