Terms and Conditions of Business

  1. Definitions & Interpretation
    ‘Services’ means those specified in the Contractor’s Quotation. ‘Contractor’ means Quest Waste Management Ltd. ‘Employer’ means the person, Supplier or Company for whom works are carried out. Acceptance of the Contractor’s Quotation, Order, Letter of Intent or commencement on-site constitutes acceptance of these Terms & Conditions.
  2. Appointment
    The Employer appoints the Contractor to carry out the Services in return for payment. Any order number supplied by the Employer is part of their administrative process and does not delay payment.
  3. The Employer’s Obligations
    • The Employer shall pay invoices promptly, without deduction or set-off.
    • The Employer must provide full site access on commencement unless agreed otherwise in writing.
    • Any dispute to an invoice must be submitted in writing within 7 days of the invoice date, clearly stating the nature of the query.
    • Payment of fees and VAT is due within 30 days of the invoice date. Subject to completion, submission and acceptance of a credit account.
    • Interest on late payments accrues from the due date until paid, at 8% above the Bank of England Base Rate. The Contractor reserves the right to charge an administration fee of £400 for each late invoice and £50 per chasing letter.
  4. Cancellation
    The Employer may cancel the agreement prior to commencement by giving written notice (email accepted) by midday the day before the Services begin. If no notice is given and Services are cancelled, the Employer is liable for that day’s Services.
  5. VAT
    All sums are exclusive of VAT and other duties unless stated. VAT and other applicable taxes are payable in addition.
  6. Liability & Liquidated Damages
    • The Contractor is not liable for losses unless due to its negligence.
    • Any dispute about the Services or invoice must be raised within 7 days of the Services being carried out or invoice date.
    • The Contractor excludes all warranties, conditions or terms (including fitness for purpose) unless explicitly stated, to the fullest extent permitted by law.
    • The Employer indemnifies the Contractor against all claims, costs and liabilities arising from the Employer’s breach or responsibility.
  7. Termination for Breach
    The following are conditions of this agreement:
    • The Contractor’s failure to observe any obligation (where no notice is required).
    • The Employer’s failure to make punctual payment.
    • The Employer’s being subject to distress or execution against them, or entering composition or arrangement with creditors, or (if a company) liquidation (other than members’ voluntary) without written consent.
  8. Termination Consequences
    On determination of the agreement:
    • The Employer must immediately pay all arrears and any further sums which would but for termination have fallen due.
    • All rights and remedies remain cumulative and may be enforced separately or concurrently.
  9. The Services
    • Unless otherwise stated, Services are priced for hours 07:00–17:00. If the Employer changes hours, they shall bear the additional cost.
    • If access on private land is required, the Employer must obtain permissions and pay relevant charges.
    • If vehicular access is impossible, the Employer bears additional costs.
    • If the Contractor experiences delay owing to the Employer, their representative, other contractors, or specific conditions (storm, flood, tidal, pump failure), the Employer bears additional costs.
    • Confined-space working carries extra charges.
    • Equipment performance (e.g., cutters) is “attempt only”; the Contractor accepts no liability for damage caused.
    • If equipment becomes lodged, the Employer is liable for retrieval/repair costs.
    • Standing time or abortive works due to conditions beyond the Contractor’s control will be charged at day rate.
    • Rates assume silt levels not exceeding 10%; above this, additional costs may apply.
    • The Risk Assessment & Method Statement will be provided on request following order receipt unless otherwise stated.
  10. Cleaning
    • Removal of waste from the working area is only within the capacity of equipment quoted. If insufficient, the Contractor may deploy additional resources without confirmation and charge accordingly.
    • Wash-out services cannot be determined until the waste stream is known and will be charged accordingly on completion.
  11. CCTV & Sonar Inspection Works
    • The Contractor cannot guarantee accuracy of CCTV inspections or measurements; sonar may be up to 1 metre out. Advice or interpretation given is not binding.
    • Survey data remains the Contractor’s property until all invoices are paid in full.
  12. Sewer Condition
    Where condition information is provided, if found inaccurate or out-of-date, the Employer bears any additional costs required to complete the works. The Contractor is not liable for deterioration or structural changes that become apparent during the Services.
  13. Waste Disposal
    Unless stated, the Contractor’s Services exclude removal of waste/debris. If required, the Employer is responsible for additional disposal, transportation and administrative costs. Waste disposal costs vary by strength, viscosity and composition; rates may change without written notification. Rejected material at the disposal site will incur additional storage, travel and administration fees.
  14. Severance
    If any provision is declared void or unenforceable, the remaining provisions remain in full force unless the Contractor decides such declaration defeats the intention of the parties — in which case the Contractor may terminate the agreement by 30 days’ notice and Clause 10 applies.
  15. Whole Agreement
    Each party acknowledges that this document contains the whole agreement between them, and they haven’t relied upon other oral or written representations, and have done their own investigations.
  16. Proper Law & Jurisdiction
    This agreement is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
  17. Waiver
    Failure by either party to enforce any term at any time or for any period is not a waiver of rights to enforce it later.
  18. Third Party Rights
    No person other than the Parties to this agreement may enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
  19. Hire and/or Supply
    • All hired or cross-hired equipment is covered by CPA Hire Rules; damage or loss must be paid by the hirer/end user.
    • All supplied equipment must be paid in full. If items are not required, they may be returned but delivery, collection and restocking fees apply.
  20. Miscellaneous – Warranty
    Each party warrants that it has the power to enter into this agreement and has obtained necessary approvals.
  21. Force Majeure
    In event of national emergency, war, government prohibition or any cause beyond the parties’ control (‘force majeure event’), obligations are suspended for as long as performance is impossible. All money then due shall be paid immediately.
  22. Coronavirus / Virus Strains
    We reserve the right to amend our prices for Services where fluctuations result from Coronavirus/virus strains or significant closure or restrictions due to airborne bacteria.
  23. Retention
    Retention is not applicable to all our Services and will not be deducted from payments.
  24. Fuel Surcharge
    An additional fuel surcharge and excess mileage charge may be applied.
  25. Credit Applications & Eligibility
    All customers, whether private (domestic) or commercial, are required to complete a credit application form and must be approved in accordance with our Terms and Conditions before any credit facilities can be considered. Domestic/private customers will not be granted credit facilities under any circumstances; all domestic/private work must be paid in full as per our payment terms.