Click to download Agreement Form and Terms & Conditions
1. This agreement is made up of the following:
(a) The Contract Details; and
(b) The terms and conditions set out below.
2. Weber agrees to provide (or to procure the provision of) recycling services in connection with certain clean expanded polystyrene supplied by Weber to the Customer that the Customer deems to be surplus to its requirements (“EPS Waste”). Such recycling services shall be supplied in accordance with the terms and conditions set out in this agreement.
3. The collection of EPS Waste will be agreed between the Customer and Weber on a site specific basis.
4. In consideration of Weber and/or its agent(s) collecting EPS Waste, the Customer shall pay Weber the Recycling Fee. At the date of this agreement the Recycling Fee is £300 plus VAT per load collected by Weber and/or its agent(s). Loads shall not exceed 44 Containers (as defined below) and the purposes of this agreement the term “load” shall be construed accordingly.
5. Should Weber wish to amend the Recycling Fee it shall give the Customer not less than two weeks’ prior written notice before any such price amendment shall take effect.
6. Weber shall be entitled to invoice the relevant Recycling Fee at any point on or after the date on which the relevant load(s) is/are collected from the Site. The Customer shall pay all such invoices in full and cleared funds within 30 days of the invoice date.
7. The Customer must raise a separate purchase order for each collection of EPS Waste. Containers (as defined below) will be delivered to the Site at the same time as an expanded polystyrene (“EPS”) delivery or alternatively via courier.
8. To enable Weber or its agent(s) to collect the EPS Waste the Customer will be supplied with site waste collection bags with a gross capacity of 1.3m³ and marked ‘Clean EPS waste only’ (“Containers”). All Containers shall be supplied free of charge by Weber but shall remain the property of Weber or its agent(s). These are the only containers that will be collected as part of this scheme – loose material will not be accepted. (Full sheets or blocks of material may be returned on pallets where expressly agreed between Weber and the Customer. The terms of any such arrangement are beyond the scope of this agreement.)
9. Weber’s carriers are not licensed to carry any material other than waste EPS on their vehicles and may be subject to prosecution if other waste or contaminated material is placed in the Containers.
10. Only clean EPS suitable for reprocessing into new insulation products are to be placed in the Containers – material covered with dirt, soil, paint or other contaminants will not be accepted.
11. The Customer must ensure that Classic (white) and Premium (grey) EPS are collected in separate Containers.
12. Customers must give Weber a minimum of 72 hours’ notice that they have Containers ready for collection. The number of Containers to be collected must also be stated on the purchase order.
13. EPS Waste that Weber agrees to collect from the Customer will be collected during the next delivery to the Site or within 10 working days (if later). All Containers must be available at a single pick-up point at the Site (“Collection Point”).
14. For collection, access will be required to the Collection Point for an articulated lorry. We regret we cannot collect from sites without access for an articulated lorry.
15. If contaminated EPS or other material is returned in the Containers the Customer will be surcharged at a rate of £500 plus VAT per load to cover the cost of sorting, cleaning or outsourcing and recycling. A photographic record will be kept of all material not suitable for recycling. The Customer shall pay all such surcharge invoices in full and cleared funds within 30 days of the invoice date.
16. A traffic light system will be implemented should the Customer fall outside of what is stated above, which shall operate as follows:
(a) An amber warning shall be issued if contaminated EPS or other material is returned in any of the Containers.
(b) If further contaminated EPS or other material is returned in any of the Containers then a red warning will be issued. The issuing of a red warning will have the effect of terminating all EPS Waste recycling services from that Site for that Customer.
17. Notwithstanding the foregoing, Weber reserves the right to terminate this agreement as per what is stated above if it considers that the service is being abused with contaminated material being placed in the Containers. It is the responsibility of the Customer to ensure that their site staff is/are fully trained in the operation of this agreement and are aware of the restrictions contained herein. In addition to the foregoing, Weber shall be entitled to terminate this agreement at any point without cause by giving not less than 14 days’ notice to the Customer.
18. For the avoidance of doubt, this service may be withdrawn if unclean EPS Waste (or any material that is not EPS Waste) is placed in any of the Containers.
19. Nothing in this agreement shall limit or exclude Weber's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.
20. Subject to the foregoing:
(a) Weber shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of or damage to goodwill; and (f) any indirect or consequential loss;
(b) Weber's total liability to the Customer for all events which occur in any Contract Year, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited in aggregate to a sum equivalent to the charges paid by the Customer to Weber under this agreement during that Contract Year (or a pro rated amount in the event that the Contract Year ends early due to the early termination of this agreement). For the purpose of this clause: (i) liability arising from an event occurring after the expiry or termination of this agreement shall be deemed to have occurred prior to the expiry or termination date in the last Contract Year of this agreement; (ii) “Contract Year” shall mean the period commencing on the date of this agreement and expiring on the first anniversary thereof and each succeeding period of one year or part thereof during the term of this agreement.
21. This agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
22. Unless terminated earlier under any of the above provisions, this agreement shall continue in full force and effect until the termination or expiry of the agreement between Weber and the Customer for the supply of EPS to the Site. Termination (or expiry) of this agreement shall not affect any accrued rights or remedies to which a party is entitled. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
23. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such disputes or claims.