Terms & Conditions
The terms and conditions set out below comprise the entirety of the agreement between the customer (also referred to as ‘You/you’, ‘Your/your’ and ‘account holder/s’) and London Waste Management (also referred to as ‘LWM’, ‘We/we’ and ‘Our/our’). The term ‘waste’ is used to designate items as specified by the customer for collection and/or removal.
Service Provision
Best practice involves an inspection of waste identified by the customer and the premises where the customer’s waste items are stored, prior to LWM providing a quote. However, LWM acknowledges that there are occasions when a quote may be provided by LWM without prior inspection of the premises from where waste is to be collected, or without prior view of the waste items identified by the customer. In such instances, the customer is obliged to provide accurate information and clear descriptions of the premises and items of waste identified for collection before LWM quotes a price for our services. In such instances, a contract is effective between LWM and the customer on the latter’s acceptance of our quote, whether by telephone or email or otherwise. In such instances, LWM reserves the right to amend any prior quotation should the premises and/or items differ from the information/description provided by the customer.
Items that are too large, bulky or heavy to be removed through doorways of customers premises will be dismantled by the LWM collection team. If, having dismantled items, LWM find that removal is still impeded or obstructed, we shall not be responsible for the reassembly of such an item.
LWM endeavours to carry out all services with skill, attention and a commitment to customer satisfaction, with the understanding that events beyond our control may affect some service provision. Issues beyond our control include inclement weather conditions, unanticipated traffic delays and industrial action. LWM will inform customers of any anticipated issues that might affect arrival times and accessibility to recycling sites. As such, stated or agreed upon collection times are fair estimates and not guarantees of collection. In such instances, where unforeseen delays occur, LWM will arrange a revised waste collection date.
LWM requests that customers are present at the time of waste collection. Failing this, customers are required to make payment prior to waste collection. Furthermore, LWM is not liable for any losses or damages incurred in the absence of a customer.
LWM is not responsible for verifying whether or not a customer is authorised to request our services. As such, LWM is indemnified from and against any cost or expense claimed by any third party as a result of a customer being unauthorised to instruct us to collect waste.
If we need to contract third party services to remove hazardous materials (Health and Safety, below) from our vehicles, LWM reserves the right to charge the customer for this service. Where a customer fails to inform LWM of waste containing asbestos or other hazardous or dangerous substances or materials that we have proceeded to remove, the customer will indemnify us from and against any cost or expense we suffer or incur from any third party as a result of LWM transferring hazardous waste to a transfer station.
LWM will sign a Waste Transfer Note stating the time of collection and the location of the premises from where the customer’s waste is collected. Any further documentation is provided at our discretion – for which right an administration fee may be charged. The customer will be aware of their responsibility to provide a Waste Transfer Note to retain this document for at least two years. If requested, LWM will provide a copy of the Note, reserving the right to charge an administration fee.
Health and Safety
Customers are expected to provide LWM employees and our partners unhindered, clearly lit, ventilated and safe access to the premises from where waste is to be removed. It is the customer’s responsibility to inform LWM of health and safety issues related to, but not restricted to, working at height, conditions of poor visibility or restricted movement, and sanitary and spillage concerns. This information must be provided prior to our agreement to collect any items of waste. The customer is also responsible for informing LWM if free parking is not available at the location where the waste is to be collected. In the event that a customer fails to provide essential accessibility and/or health and safety information, LWM may cancel the service requested by the customer and invoice for time and costs incurred.
Should LWM employees become aware or, or detect, the presence of asbestos, syringes, drug-related equipment or other hazardous or dangerous substances or materials at any of the premises attended, they are instructed to vacate the premises. In such an event, neither LWM nor its employees will not be responsible for further collection services. In such an event, the customer is liable to make full payment for our attendance as well as any waste already removed from the premises.
Customers are responsible for storing sharp or dangerous objects, such as knives, blades and broken glass, separately and in an appropriate container prior to collection. Under no circumstances are sharp objects to be stored in bags.
Prices and Payment
In instances where the weight of items is found, at a transfer station, to exceed the weight allowance booked by customers LWM reserves the right to invoice the customer retrospectively for any additional cost. This rule applies to load sizes rather than individual furniture items. For further clarification on weight and time allowances for different “load size” collections, please see: https://www.londonwastemanagement.com/faq/
LWM will take payment at the time of booking (online or over the phone), prior to collection.
The customer will make payment before the time of collection unless a prior agreement has been made, or unless the customer is an account holder. In the event of payment not being made, all waste collected will be returned to the customer’s premises. Invoices must be paid by account holders within 30 calendar days of the date of the invoice save by prior agreement.
LWM reserves the right to charge an administration fee of £40 where payment is not made within 14 days of the collection date or on the due date. LWM does not assume ownership of any waste collected until payment for the collection has been made and a Waste Transfer Note has been signed.
Where payment is not made on time, and without limiting any other remedies or rights that we may have, LWM may cancel or suspend further services until outstanding amounts have been paid in full.
Account holders will be aware that periodic credit checks may be carried out to ascertain their credit status. In the event of a decrease in an account holder’s credit status, LWM reserves the right to reduce the credit amount offered and/or to close the account. In such an event, the balance of outstanding credit over that amount will become due immediately and LWM will regard the overdue amount as with all other overdue payments.
LWM will close the account of any account holder, with immediate effect, if it is deemed that the account holder (or their representative or agent) is suspected of having been party to bribery, corruption, illegal practices, or solicitation of services from companies considered to be to the detriment of LWM. In such an event, LWM shall make an immediate demand for all payments for collections as yet unpaid, to be paid within 14 days of the date of demand whether invoiced at the time of account closure or not.
Further to this, the account will pay all amounts due in full without any deduction or withholding except as required by law. Additionally, the account holder may not assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. If any amount due to LWM is more than 7 days overdue, LWM reserves the right to require immediate payment of all amounts due regardless of the due date on the invoice.
All prices are subject to VAT.
Cancellations and Charges
If you have placed an order and wish to cancel, you must provide written notice by email to [email protected]
We request a minimum of 48 hours notice of cancellation in order for you to receive a full refund.
Cancellations within 48 hours of the scheduled collection time will incur a charge of £30 (£36 including VAT) which is non-negotiable. This is known as our cancellation fee.
If we are unable to complete a booked clearance for any reason that LWM is not liable for (e.g. you miss your collection slot), we will refund you all monies paid less the default cancellation fee of £36 including VAT to cover our costs.
Amendments to your existing order (i.e. items to be added or removed) can be made at any time. Please phone or email LWM and inform us what you would like to add or remove from your booking. LWM will then advise the best course of action for payment of additional items or for a refund for items that are no longer part of your order.
Please note we have a minimum collection fee of £36 including VAT.
If you would like to postpone a booking, please call head office (02030971517), and provide your order number and the new date / time slot required.
We are happy to postpone the first time free of charge as long as we are given 24 hours notice. Please note our offices are closed on Sunday, so if your collection is on a Monday, we will need to be informed on Saturday of any changes.
We require at least 24 hours notice prior to the start of your collection slot in order to postpone a booking free of charge.
If we are not given 24 hours notice, to amend a collection date you will be charged an amendment fee of £36 (including VAT)
The amendment fee of £36 is charged each time you wish to postpone or make a further change (after the first free amendment of date/time).
LWM allocates five minutes per cubic yard of each waste item to remove an item from the customer’s premises to our vehicle. Customers are aware that it may take longer than the allocated time, dependent on allocated storage space on a removal vehicle. Where volume constraints oblige LWM to exceed the allocated removal time, LWM may apply additional charges commensurate with the task undertaken.
Where a customer omits to inform LWM that free parking is not available at the location where the waste is to be collected, LWM will pass on any additional parking charges to the customer.
Limitation of Liability
LWM accepts no liability for the implied legality of any service that we carry out. Any assessment of legal compliance is not reliant upon, nor bears relation to, views, opinion or purported advice forwarded to customers by any employee or agent of LWM. By carrying out a service as instructed by a customer, LWM does not, in any way, convey any warranty of legality of the service.
Customers are responsible for ensuring that all instructions given to LWM are lawful and that, further, the customer agrees to indemnify LWM against any losses or liabilities arising from dispute of property or any other legal dispute.
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.
Unintentional damage to property may occur during the process of waste removal and clearance. Customers are responsible for inspecting the cleared site upon completion, before our removal operatives leave. Our operatives must be informed of any damage caused by their work, then photos must be sent immediately to our office email: [email protected]. Full details and descriptions of any damage caused by LWM employees must be included. LWM does not accept liability for any damage that is not brought to our attention after our operatives have left the collection address.
Events Outside Our Control
LWM is 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.
LWM’s obligations under these Terms are suspended for the period that the Force Majeure Event continues, and further, LWM will extend the time to perform these obligations for the duration of that period. We will take all 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.
Termination
We may terminate the arrangement between LWM and a customer at any time. Termination will not affect either party’s outstanding rights or duties, including LWM’s right to recover from a customer any money owed to us under these Terms.
Assignment
You may not transfer any of your rights or obligations under these Terms to another person without LWM’s 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.
Notices
All notices are to be sent to London Waste Management Limited, (4 Roundwood Avenue, Stockley Park, London, UB11 1AF) and/or emailed to [email protected] LWM may give notice to the customer at either the email or postal address provided at the time of booking. Notice will be deemed received and properly served 24 hours after an email is sent or 3 days after the date of posting of correspondence. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
Data Protection
LWM will only use the personal information you provide to us to extend our services to you, or to inform you about similar services which we provide, unless notified otherwise.
You acknowledge and agree that LWM may pass your details to credit reference agencies.
You acknowledge that LWM 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, 2018.
General
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 LWM fails, 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 shall not mean that LWM will automatically waive any subsequent default by you. No waiver by LWM 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.