Terms & Conditions
All bookings are subject to our terms and conditions
Terms and Conditions
BASIS OF SALE
The whole of the agreement between the customer and ClearJunk 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 becomes apparent whether or not this could have been ascertained at the start of the process.
Any cost provided in advance of the collection will normally be an estimate only.
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 removal dates provided but there may be delays due to circumstances beyond our control. In this case we will inform you to arrange a revised collection date as soon as reasonably possible.
Where we provide you with an estimated time of arrival this should not be construed as offering any form of guarantee as to the time upon which we will attend to perform the collection.
You shall provide our employees with free and safe access to the location on the premises from where the rubbish is to be removed. You shall also notify us of any special circumstances which may be relevant to our quotation, including but not limited to, if the rubbish is difficult to get to, if any items are large or heavy, if it involves our staff working at height, if the rubbish is secured, if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park free of charge outside the premises where the rubbish is to be collected from.
If you do not, or you provide us with incomplete or inaccurate information or instructions, we may cancel a collection at any time, either on attendance at site or by giving you notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required.
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 collection proceeding. Failure to do so may result in the collection failing in which circumstances ClearJunk is not to be held liable for any loss or damage howsoever incurred.
You confirm that you have the full authority for us to collect and dispose of the rubbish. 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 clear the rubbish.
If we detect or suspect there may be any asbestos, syringes, drug paraphernalia or other hazardous or dangerous substances or materials on site we may at our sole discretion, immediately vacate the premises, and will not be responsible for further collection and disposal. In such circumstances you shall still be fully liable to pay for our attendance in full and for any waste already removed.
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 should be separately stored in an appropriate container by you before we arrive for the collection. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our staff.
PAYMENT AND PRICE
CANCELLATIONS AND CHARGES
We may, at our discretion refund the attendance fee if you wish to cancel a booked collection provided such a request to do so is received at any time on the business day preceding the date of the collection by email sent to email@example.com or by telephoning us.
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 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 vehicle team the weight of the collection exceeds the weight allowance per cubic yard published on our website, we reserve the right to charge for the whole collection by weight.
‘Difficult waste’ (including but not limited to fridges and car tires) is charged at such rates as displayed on the Company’s website from time to time.
Projected time for the collection, and measurements of weight and volume are all assessed by our vehicle 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 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 ClearJunk 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 disaster; (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.
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.
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.