Terms & Conditions
The Recycled Assets Company Ltd – Services under these T’S & C’s include;
- Furniture & Equipment Clearance
- Corporate removals and or relocations
- Stripout activity
- Storage of 3rd party assets
- Sale of goods
- Portal usage
- Restrictive Covenants
Introduction
These terms outline the rights, obligations, and responsibilities of all parties to any agreement entered into. Where we use the word 'you' or 'your’ it means the Client: 'we', 'us' or 'our' means The Company. These terms may be subject to change or be altered as the job requires. All services and goods sold by the Company are offered subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company.
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by The Recycled Assets Company Ltd a company registered in England and Wales under number 08707092 whose registered office is at 2b Limberline Rd, Southsea, Hampshire, PO3 5JS (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
Interpretation
3. A "business day" means any day other than a Saturday, Sunday or bank holiday and usually mean working between the hours 8am to 6pm.
4. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
5. Words imparting the singular number shall include the plural and vice-versa.
Services
6. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
7. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
8. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
9. You must obtain any permissions, consents, licences or otherwise that we need to fulfil our service and must allow access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. Parking on a public highway excluded from your responsibilities.
10. If you do not comply with clause 9, we reserve the right to terminate the Services.
11. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
12. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
13. In addition to the Fees, we may ask to recover from you;
a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, parking fines, subsistence and any associated expenses,
b) the cost of services provided by third parties and required by us for the performance of the Services, and
c) the cost of any materials required for the provision of the Services.
14. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 13 also apply to these additional services.
15. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
16. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the last quotation, (unless the quotation has been withdrawn).
17. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation (acceptance may be verbal, written or accepted via the adopted Xero quoting system.
18. If you want to amend any details of the services, once accepted, you must inform us in writing as soon as possible. We will use all reasonable endeavours to accommodate any required changes and additional costs may be included in the Fees and invoiced to you. You will be notified in advance if any surcharge is to be levied.
19. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
20. Late cancellation or significant change in job size and scale may result in a cancellation fee to cover lost planned work. Blocking out diary dates prevents other jobs from being booked and therefore loses the company revenue through no fault of it’s own. All or a partition of the cost may be levied to cover lost revenue.
Payment
21. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. in agreement with yourselves on a mutually agreed timescale.
22. You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
23. Time for payment shall be of the essence of the Contract.
24. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 2% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. Levied at our discretion.
25. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
26. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
27. Receipts for payment will be issued by us only at your request.
28. All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
29. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all our obligations to any third party. You will notified of any such change in service delivery should this occur.
30. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
31. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to pay any amount due under the Contract on the due date for payment; or
c. are or become, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual property
32. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
33. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause (liability & Indemnity).
34. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
35. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
36. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
37. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party's control
38. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
39. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
40. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
41. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Disposal of Assets
42. The company reserves the right to donate, recycle or dispose of any asset collected as they deem appropriate and which promotes The Company’s mission of sustainable reuse and recycling. Any such disposal must be recorded and made available to the client so it is transparent what happened to any disposal.
No waiver
43. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
44. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
45. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
Portal Usage
Please note: It’s our sincere aim to offer you, our clients, the very best online experience and to offer a useful tool which adds value to your business. Therefore, the following Terms and Conditions are there to protect us from anything that could go wrong on the web, which is largely out of our control.
46. You will be given access to our online portal at ww.tracoukportal.com
47. You accept the portal may not always be available due to maintenance and downtime.
48. It is your responsibility to keep your password and account secure.
49. You agree to online storage of relevant business information including:
A) Business Name
B) Contact Name
C) Business and Mobile Phone Numbers
D) Business Address
50. For any sub accounts, it is your responsibility to have express permission from the individual for their details to be stored online.
51. You grant us permission to track and store your portal login times and dates.
52. You agree to be contacted via email for deals made available to you via the portal.
Portal Software Terms
53. We reserve the right to withdraw access at any time, without providing reasons or notice.
54. We make no representation and give no warranty that the portal is error-free or that it will run without interruption. We accept no liability for any loss or damage caused by any errors.
55. If the client finds any error in the portal, please notify us immediately by contacting: tom@tracouk.com or info@tracouk.com. We do not warrant that any error can or will be corrected.
56. The client is responsible for ensuring that their computer systems are suitable to access and use the portal. We do not warrant that the portal will be free from viruses or other code that might be harmful. The client is responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.
57. We will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management/employees time arising from your use of the portal, or your inability to use it (whether that loss is direct or indirect).
58. These Terms and Conditions are governed by English law and the client agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales. The place of performance will be England.
Storage
Collections
59. Upon collection completion, items will be added to your account within 5 working days.
60. Goods may be delivered to our storage facility for storage.
Retrieving items
61. Ordering back of items must be performed via the online portal.
62. We require 24hrs working day notice before any Items can be collected, currently free of charge, from our storage facility.
63. Delivery charges will apply when ordering items back and any charge is based on distance, quantity and ease of access from our storage facility to clients address.
64. For items requested back we will do our utmost to return the items as quickly as possible with the least amount of cost. While we will endeavour to have them dispatched and returned within 5 working days, but this cannot be guaranteed.
Relinquishing items
65. Relinquishing items immediately transfers all ownership and rights to the relinquished items to The Recycled Assets Company Ltd.
66. Relinquishing items are subject to a recycling fee which may be waived at our discretion. The fee is based on weight, material composition, quantity and whether it contains hazardous materials.
Clearance
Collections
67. At the point of furniture, equipment and or material removal from the clients site or site where they have received express permission from the site owner for us to remove, they become the property of The Recycled Assets Company Ltd.
68. Upon collection completion, items will be added to your portal account within 5 working days of receipt.
69. Items damaged in transit or through manual handling errors will be recycled at no charge to the client.
70. Items cleared may be offered for sale via various e-commerce websites and auction websites and prices displayed cannot be guaranteed to be achieved. They are for guide purposes and represent expected returns based on previous experience of similar items.
71. Cleared items will be processed and organised into 3 categories, (1) Reuse (offered for resale), (2) donated or (3) recycled. Processing involves looking at condition, age, marketability, experience of similar items and in the case of appliances, whether they work or can be repaired economically.
Rebate
72. Any rebate offered is subject to a percentage of the final sale price achieved which includes VAT. Rebate percentage to be detailed on the clearance quote.
73. Any rebate is valid for items sold within a defined period, currently set at 3 months from collection completion. This means any goods sold outside of the 3 months do not attract a rebate.
74. If an item is deemed unmarketable due to wear and tear, poor condition or considered a dangerous hazard, we wholly reserve the right to recycle or donate those items. We will report, via the portal, whether the item was recycled or donated. The Recycled Assets Company Ltd will incur any recycling costs.
75. On select occasions items of value may be donated on your behalf to charities and community interest companies to improve reuse and increase social good. Where donation of items occur prior to the 3 months, you will be notified via email and permission sought prior to any donation. However, no rebate will be received on donated items. We pride ourselves on supporting worthy causes and they would be donated in your name so you receive any good PR that arises.
76. At the end of the scheduled rebate period, within 3 working days, we will email you a rebate report stating your full rebate amount.
77. To receive payment of the rebate you must invoice The Recycled Assets Company with the rebate amount detailed in the report, which is inclusive of VAT. Payment will be scheduled on fast track 15-day payment terms. Usual payment terms are 30 days.
Asset Sales
- A deposit of 25% should be payable in order to secure any goods sold from the warehouse. If no deposit is taken, the goods may be sold to the first customer that is able to complete the purchase and take the goods.
- All goods purchased must be taken within 48hrs from the sale date or when the deposit is taken. Failure to collect the goods within this time may result in the following;
a) Goods being offered for resale.
b) A £10 storage fee per day is payable before collection can be made.
c) Failure to collect within a week from the deposit date will nullify the contract and the deposit is forfeited.
Non-Solicitation of employees and customers
- Neither Party shall, for a period of 6 months from the date of these T&Cs are accepted*, (except with the prior written consent of the other Party) directly or indirectly solicit or entice away (or attempt to solicit or entice away):
a) from the employment of that Party, any employee of the other Party who is employed or engaged in any services which are relevant to the Proposed Agreement; or
b) any customer of the other Party who is in receipt of any goods or services which are relevant to the Proposed Agreement.
*Note: acceptance is defined as agreeing to employ our services. - Both Parties agree that in the event any aspect of clause 80 is breached, a fee of £4,000 is immediately payable by the Client to the Company.
End.
