Paramount Waste ExtractionUnit 5, St Georges Industrial Estate
Wilton Road
Camberley
Surrey,GU15 2QW
Tel +44(0)127 669 1463  Fax +44(0)127 668 1271
Privacy & Terms

Privacy:
Paramount Waste Extraction Limited will not pass on any customer details or information to any third party unless consent is given by the user.

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Conditions:
1. DEFINITIONS In these conditions the following words have these meanings unless the context requires otherwise: “the company” means PARAMOUNT WASTE EXTRACTION LIMITED “the customer” means the person who is the addressee of the Company’s Order Acknowledgement “the Goods” means the substances, materials and other products and /or services to be supplied by the Company to the Customer under the Contract “the contract” means the contract made between the Company and the Customer for the supply of the Goods on the terms set out hereinbr /> 2. GENERAL
(a) Except where inconsistent with the express written terms or any Contract these conditions shall have precedence over any other conditions appearing on any acceptance form, delivery form, purchase order form or any other document or letter whatsoever and no other conditions shall have any effect except in so far as they serve to confirm the terms of the Contract.
(b) The parties agree that the terms and conditions hereof are fair and reasonable
3. STATEMENT, WARRANTIES, REPRESENTATIONS AND ADVICE
(a) All prices and charges are given the Company on the condition that the Company shall not be bound until it has communicated its written acceptance of the Customer’s order.
(b) The Company shall not be bound by any oral condition, warranty, guarantee or representation given or made on its behalf unless the same shall have been confirmed in writing by or on behalf on the Company and no addition to or modification of the terms and conditions of the Contract shall be effective unless agreed in advance by the Company in writing and (subject to the provisions of Clause 9 hereof) the Company hereby excludes all liability whatsoever in negligence and will not be liable for any loss or damage howsoever incurred or suffered by the Customer or by a third party as a result of relying on any of the said oral statements, warranties, representations or advice given by or on behalf of the Company which shall not have been confirmed in writing.
4. DESCRIPTIONS AND QUALITY OF THE GOODS
(a) All specifications, drawings and information as to weights and dimensions submitted with any tender by or on behalf on the Company are (unless otherwise expressly stated by the Company in writing) approximate only and the descriptions and illustrations contained in any catalogues, price lists and other publications of the Company are intended for information only and shall not form part of any contract between the Company and the Customer unless the Company shall otherwise expressly agree in writing.
(b) The Company may without reference to the Customer make such minor alterations in the design, supply or installation of equipment as the Company considers will improve its performance and provide alternative materials or products deemed suitable if such materials or products are not available due to circumstances beyond the Company’s control.
5. PRICES
(a) The Company shall be entitled to vary the price of the Goods if:
(i) there is a change in the standard scale of charges of the Company between the date of the Contract and the date of the delivery of the Goods concerned; or
(ii) there are any variations in materials, labour, transport or other costs occurring between the date of any quotation or tender therefore which may be submitted by the Company and the date of delivery of any of the Goods or completion of installation work; or
(iii) there are any variations in the prices payable by the Company to the Company’s suppliers or sub-contractors; or
(iv) any extra costs are incurred by the Company due to a request from the Customer causing variations to the design of the installation or the Company’s usual method of delivery.
(b) Variations in the cost of materials and labour shall be calculated in accordance with the following formula: -
(i) Labour
The Contract Price shall be adjusted at the rate of 0.62 per cent of the Contract Price per 1.0 per cent difference between the BEAMA Labour Cost Index for Mechanical Engineering published for the month in which the tender date falls and the average of the index figures published for last two-thirds of the contract period, this difference being expressed as a percentage of the former Index Figure.
(ii) Materials
The Contract Price shall be adjusted at the rate of 0.33 per cent of the Contract Price per 1.0per cent difference between the Producer Price Index Numbers last published in the Government Journal “British Business” before the date of tender and the average of the Index Figures commencing with the Index last published before the two-fifths point of the Contract Period and ending with the Index last published before the four-fifths point of the Contract Period, this difference being expressed as a percentage of the former Index Figure.
(c) For the purpose of the formula in 5 (b):-
(i) For contracts excluding erection, the Contract period in respect of the Plant or any portion thereof shall be that period between the date of order and the date (“the completion date”) when the Plant or such proportion is ready for despatch, or such shorter period (ending at the completion date) corresponding to the manufacturing cycle of the Plant or such portion as may be agreed in the contract. Where separate portions of the plant are ready for despatch at different times and are invoiced separately, or Contract is subject to interim payments, the Contract Price Adjustment shall, in relation to each such portion, be an appropriate proportion to the total Contract Price Adjustment.
(ii) For contracts including erection, the Contract period shall be that period between the date of order and the date (“the completion date”) when the plant or any portion thereof is taken over, or is ready for commercial use, whichever is the earlier, or such shorter period (ending with the completion date) corresponding to the manufacturing cycle of the Plant or such portion and the time required for erection thereof as may be agreed in the Contract. The Plant shall be deemed to be ready for commercial use even though certain minor matters which do not affect the use for which the plant is intended remain to be completed.
(iii) Where any BEAMA index figure is stated to be provisional or is subsequently amended, the figure shall apply as ultimately confirmed, or amended.
6. PAYMENT
Unless otherwise agreed at the commencement of the contract payment for the Goods and charges for any services to be supplied hereunder will fall due to be paid seven (7) days after the date of invoice. If any sum is in arrear then (in addition to any other remedies to which it may be entitled) the Company shall be entitled to suspend the performance of any obligation hereunder and to charge interest on sums payable on a day to day basis from the original due date at the rate of two (2) per cent per month (or part thereof) above the Base Rate of Barclays Bank PLC. or such other equivalent rate in force from time to time.
7. WITHHOLDING OF PAYMENT & SET OFF
The Customer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any disputed claim of the Customer in respect of defective goods or any other alleged breach of the Contract by the Company nor shall the Customer be entitled to set off against any amount payable under the contract to the Company any sum which are not then due and payable by the Company or in respect of which the Company disputes liability
8. INSTALMENTS Failure by the Company to deliver any instalment of the goods shall not entitle the Customer to cancel or suspend performance of the Contract or any other such instalments. Each part delivery or instalment of the goods shall be deemed to be sold under a separate Contract. Delivery to the Customer of a quantity of goods less than or greater than that which the Customer has agreed to purchase shall in no circumstances entitle the Customer to reject all the goods so delivered
9. CANCELLATION BY THE CUSTOMER
The Customer shall have no right under any circumstances to cancel the Contract or any part thereof without the written consent of the Company which consent the Company shall be entitled to grant upon such terms and conditions as it may think fit including terms and conditions as to payment of compensation by the customer
10. INSPECTIONS AND TESTING
(a) If the Company proposes to conduct tests of any Goods either before or after delivery it shall, if requested to do so by the Customer, give written notice thereof to the customer who shall be entitled to be represented thereat.
(b) If the Customer requires the Company to conduct any special tests upon the Goods the Company shall be entitled to make an additional charge therefor
11. GUARANTEE
The Company shall as soon as reasonably practicable remedy free of charge by repair or (at its option) replacement or by such other means as the Company may in its sole discretion decide any defects in Goods, plant or components of which written notice is given to the Company before the expiry of twelve months single shift operation after the date of receipt of goods by the Customer provided that: -
(a) the Customer shall as soon as reasonably practicable after giving notice of such defect return any defective goods plant or components to the Company at the Customer’s risk and expense unless the Company and the Customer shall agree that the necessary repair or replacements or other remedy shall be carried out by the Company at the Customer’s premises.
(b) This guarantee shall only apply to Goods plant or components forming part of the Contract which are manufactured or designed by the Company.
(c) The provisions of the Guarantee shall apply to Goods or components, plant repaired or the replacements thereof supplied hereunder for a period of six months from the date of completion of such repair or replacement as the case may be.
(d) This guarantee shall not apply: -
(i) if the defect is due to any neglect, default or failure to exercise reasonable care by the Customer, his servants, agents or any third party; (ii) if the defect is due to any failure by the Customer, his servants or agents to follow all or any instructions or recommendations made by the Company whether as to the proper use and / or maintenance of the Goods or otherwise;
(iii) if any repair or modification of the Goods, components or plant or the installation thereof is carried out or attempted by the Customer or by any other person without the Company’s prior written consent; or
(iv) if the defect is due to a design made or specified by the Customer.
(e) The Company shall be entitled to charge the Customer for all such expenses as it shall incur in locating and ascertaining any defects for which the Company shall not be liable under the terms of the Guarantee set out herein.
12. EXCLUSION OF LIABILITY
In no event shall the Company be liable (either in contract or in tort) for the following loss or damage howsoever caused arising out of or in connection with the supply of any Goods or installation of any plant or the doing of any work by the Company or its sub-contractors or otherwise: -
(a) consequential economic loss (including but not limited to loss of profits, business revenue, goodwill and anticipated savings;)
(b) damages in respect of special indirect or consequential loss or damage (other than physical damage to tangible property caused by the negligence of the Company; or
(c) any claim made against the Customer by any other party insofar as such claim relates to consequential loss or damages in respect of special indirect or consequential loss, provided that the Company does not exclude liability for death or personal injury to the extent that the same results from the negligence of the Company.
13. INDEMNITY
The customer shall pay discharge and indemnify the Company and its officers servants and agents at all times against all and any liability loss damage cost legal costs professional and other expenses whatsoever incurred or suffered whether directly or indirectly by the Company or its officers servants or agents relating to or arising out of the supply of the goods to the Customer and the use of any other dealing of the Goods or products containing the Goods by the customer or by a third party unless the same shall be incurred or suffered by the Company in respect of death or personal injury or indirectly resulting from the negligence of the Company its employees or sub-contracts.
14. STORAGE
In the event that the Customer does not notify the Company that it is ready to receive the Goods within fourteen (14) days of the date of notification by the Company to the Customer that the Goods are ready for despatch, the Company shall be entitled to store the Goods at its own premises or procure storage of the Goods elsewhere at the cost of the Customer.
15. TIME OF DESPATCH
Time of delivery shall not be of the essence of the Contract. If any time for delivery is stipulated by the Customer or referred to by the Company this is by way of general information only and in the event of the Company’s failure to deliver on or before such time for any reason the same shall not be a breach or repudiation of the Contract and the Company shall not be liable for any loss or damage suffered by the Customer as a result. The Company shall, unless otherwise agreed by the Company in writing, be bound to accept the Goods when they are ready for despatch by the Company.
16. PROPERTIES AND LIEN
(a) The Company retains ownership of the Goods until the Company has received payment of the price of all Goods and plant (and where appropriate the costs of installation thereof). Until such date as ownership of the Goods and plant passes to the Customer: -
(i) the Company shall be entitled to enter any premises where such Goods or plant are or are reasonably believed to be stored or installed for the purposes of recovering the same;
(ii) the customer shall ensure that such Goods or plant are stored or otherwise kept separately from any other goods or plant
(iii) the Customer shall ensure that such Goods or plant are readily identifiable as the property of the Company;
(iv) the Company shall be entitled to separate and detach such Goods or plant wherever they may be joined or incorporated with other goods or plant;
(b) Without prejudice to any of its other rights against the Customer the Company shall be entitled to exercise a general lien or right of retention on all property in the Company’s possession which is or intended to become the Customer’s property for any sums whatsoever due to the Company by the Customer and pursuant to such lien or right the Company shall be entitled after giving twenty on (21) days written notice to the Customer and the said sums remaining unpaid to sell al or any part of such property and to keep the proceeds of sale in diminution of such sums and of all costs and expenses incurred by the Company in effecting the said sales.
(c) The provisions of this Clause shall survive the termination of the Contract for whatever reason.
17. RISK
Risk in Goods and plant supplied shall pass to the Customer when the Goods or plant are delivered to the Customer or to the premises where the Goods or plant are to be installed.
18. INSTALLATION
(a) The Customer shall at its own expenses provide continuous and unhindered access assistance and all necessary facilities and services to the Company as it shall reasonably require to enable it to perform its obligations hereunder.
(b) In the event that the Company shall incur any additional cost owing to the suspension of any work agreed to be undertaken hereunder because, directly or indirectly, of the instructions (or lack thereof) of the Customer, interruptions delays, overtime, or any other reason for which the Company shall not be responsible all such additional costs shall be responsibility of and shall be charged to the Customer.
19. CONFIDENTIALTY
(a) All information supplied by the Company to the Customer shall be kept by the Customer in the strictest confidence and shall not, without first obtaining the written consent of the Company, be disclosed to any person except to employees of the Customer and then only to such extent as may be necessary;
(b) All drawings, designs, specifications, tools, dyes, moulds and written technical information supplied by the Company to the Customer are and shall remain the property of the Company and the Customer shall be required to return all of the said property (together) with any copies thereof) upon receipt of written notification thereof from the Company or in the event of the breach by the Customer of sub-paragraph (a) of this Clause or of any other term hereof.
(c) The provisions of this Clause shall survive the termination of the Contract for whatever reason.
20. TERMINATION
(a) If the Customer commits a breach of the Contract or is in default of any of its other obligations to the Company or if any distress or execution shall be levied upon the Customer’s property assets or if the Customer shall make or offer to make any arrangements or composition with the creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against it or if the Customer is a limited company and any resolution or petition to wind-up such business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented if a receiver of such company’s undertaking property or assets or any part thereof
(b) shall be appointed the Company shall have the right forthwith by notice in writing to terminate any contractor for sale then subsisting the Customer (c) and the Company and the Customer shall indemnify the Company against all loss and damage thereby suffered by it.
(b) The Customer shall be entitled to terminate the Contract by reason of any substantial breach or non- performance by the Company of its obligations hereunder after it shall have served written notice of such alleged breach or non-performance upon the Company and allowed the Company a reasonable period to rectify the same.
21. INTELLECTUAL PROPERTY RIGHTS
The Customer shall indemnify and hold the Company harmless from and against any claims, demands, costs, actions or proceedings in respect of any actual or alleged infringement of any letter patent registered design trade mark or copyright in the Goods or in the performance of the Contract to the extent that the same were designed by the Customer or on instructions given to the Company by the Customer.
22. FORCE MAJEURE
The Company shall not be liable to the Customer for any default under this Agreement where this is due to a cause or causes beyond the control of the Company provided that where the Company seeks to rely on this provision it shall give written notice to the Customer containing full particulars of the causes of which it claims have put the due performance of its obligations under this Agreement beyond its control and provided further that the provisions of this Clause shall cease to apply when such cause or causes have ceased to have effect.
23. WAIVER
The failure of the Company at any time to enforce the provisions terms and conditions hereof shall not be construed as a waiver of its rights and powers to enforce the same.
24. JURISDICTION
This agreement shall be governed by and interpreted in accordance with the laws of England and any dispute arising between the parties shall be submitted to the exclusive jurisdiction of the Courts of England to which the parties agree to submit.
25. ENTIRE AGREEMENT
TThis Agreement constitutes the entire understanding of the parties and there are no representations promises warranties conditions duties or other obligation whether oral or written express or implied other than those contained or referred to herein and no amendment to Agreement shall be valid unless made in writing and signed by both parties