Terms & Conditions
Updated on Thursday 4th April 2019
Paper Round and Secure Paper are trading names of BPR Group Europe Ltd (registered number 3961507) having its registered office at 52 Lant Street, London SE1 1RB (BPR Group).
The Customer means the company, partnership, group or individual placing an order with BPR Group and any of its divisions of which these terms and conditions form part.
The Goods means goods to be supplied by BPR Group.
The Services means services to be provided by BPR Group.
The Order means any order for Goods or any Services placed by the Customer with BPR Group either orally or in writing.
The Agreement means the Service Agreement and these Terms and Conditions.
RPI means the Retail Price Index (excluding mortgage interest payments) as published by the Office for National Statistics.
ILCH mean the Index of Labour Costs per Hour as published by the Office for National Statistics.
ONS means the Office for National Statistics.
Data Protection Laws means (i) the Data Protection Act 2018; (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK and legislation that from time to time comes into force.
Data Controller, Data Processor, Data Subject, Personal Data and Special Category Data means as defined in the Data Protection Laws.
These Terms and Conditions of Sale represent the entire agreement between BPR Group and the Customer unless specifically modified or superseded in writing by a duly authorised representative of BPR Group and shall prevail over any Terms & Conditions contained in any Order made by the Customer or in any document or oral representation made by the Customer which purports to have a contractual meaning. The Customer shall be deemed to have accepted these Terms and Conditions of Sale upon signing the Service Agreement.
Performance of services
BPR Group warrants that:
- it will perform the Services through appropriately experienced, qualified and trained personnel with all reasonable skill, care and diligence;
- it will discharge its obligations hereunder with all reasonable skill, care and diligence including but not limited to good industry practice and (without limiting the generality of this Clause) in accordance with its own established internal procedures.
Collection or Delivery
Any collection or delivery date given by BPR Group is an estimate and BPR Group will not be liable for any loss or damage arising directly or indirectly from any delay in collection or delivery.
If collection or delivery is delayed BPR Group will use all reasonable endeavours to collect or deliver within one working day and in any event no later than 3 working days after the original date given.
The Customer shall be responsible for any demurrage or waiting times caused by any delays in loading or unloading.
The Customer will pay BPR Group any transport and other incidental costs (“wasted transport charge”) arising when the Customer is unable to facilitate BPR Group to load or unload.
The Customer acknowledges that additional fees may apply or collections may not be fully completed where additional items are left, recyclables are contaminated, bins are overweight or material to be collected is not placed in the provided bins or cages specified in the Service Agreement.
If it is agreed that additional material exceeding the bin volume will be collected by BPR Group, the Customer agrees to pay the additional charges incurred. If it is agreed that additional material will not be collected by BPR Group it is understood by the Customer that this will result in the additional material being left on site.
The Goods will be deemed to be delivered and, notwithstanding paragraph 5.1 of these Standard Terms, the risk will be deemed to have passed to the Customer upon delivery to the Customer’s premises or nominated location or to agents of the Customer or persons or carriers as specified in the Order.
The Customer agrees to provide access to the agreed collection points in line with the instructions on the Service Agreement and shall ensure they are well lit and clear of obstruction, spillages and other slip/trip obstacles.
The Customer agrees to ensure that all bins are free from liquid.
Retention of Title
The title of Goods supplied by BPR Group shall remain with BPR Group until payment of the invoice in full.
Pricing and Payments
Prices are exclusive of any taxes. Statutory taxes (such as Value Added Tax, Landfill Tax, other waste disposal specific taxes and other applicable taxes from time to time imposed ) where applicable will be added to prices at the prevailing rate at the date of the invoice unless otherwise agreed in writing.
Payment in full (without any set-off or deduction) should be made to BPR Group in pounds sterling and in cleared funds within thirty days of the date of the invoice.
Any billing disputes must be raised in writing by email to email@example.com within 30 days of the date of the invoice.
Interest will be charged at the rate of 4% above the Base Rate for the time being of Royal Bank of Scotland plc on any sums overdue.
BPR Group reserves the right to levy a fuel surcharge in every month that diesel prices are higher than £1.40 (incl VAT) per litre as listed on AA Roadwatch diesel price (London).
All prices are reviewed on 1st April each year.
Prices for Recycling and Shredding Services will be increased in line with the change in RPI over the preceding twelve-month period for which finalised figures are available on the ONS website.
Prices for waste services will be increased taking account of the change in CPI over the preceding twelve-month period for which finalised figures are available on the ONS website, the change in labour costs as published by the Living Wage Foundation, changes in material disposal market prices and the change in transport costs as published by the Freight Transport Association.
Contract Period & Notice
This contract shall be for the Initial Term from the date of the first collection.
The contract shall automatically continue and be renewed for successive periods of 12 months unless terminated in accordance with this clause.
The contract may be terminated by either party giving the other written notice not less than 90 days before the end of the Initial Term or any subsequent 12 month anniversary.
If the Customer wishes to terminate within the Initial Term or any subsequent renewal not in accordance with this clause it agrees to pay the amount for the Services that it would have paid until the end of the Initial Term or renewal period.
The Customer may terminate the Services immediately with no penalty if BPR Group fails to maintain the confidentiality of records or media entrusted to it for confidential destruction.
Please read the following clauses carefully. They deal with important aspects of the undertakings of BPR Group under this Agreement.
Warranties & Exclusions – General
The prices charged for goods and the service charges made by BPR Group are based on the assumption by the Customer of the risk of all losses arising from any breach of the undertakings of BPR Group in this Agreement or from the negligence of BPR Group, its employees or agents, other than the losses for which BPR Group expressly assumes liability in this Agreement or those which cannot be excluded by law.
The risk assumed by BPR Group under this Agreement regarding property damage or any other economic loss is limited to compensation for direct losses arising from BPR Group’s breach of contract or negligent act.
The term “direct losses” includes the price or service charges paid in respect of the particular goods or service which caused the loss and, subject to paragraph 11.1 with respect to goods, any additional costs incurred by the Customer in having the service properly performed. The term “direct losses” does not include any losses caused to the Customer from any loss of business, lost revenue or lost profits, fines or penalties or from any additional costs incurred by the Customer that are not related to the performance of the particular service in question.
Warranties & Exclusions – Services
BPR Group will not be liable in any circumstances (including circumstances where BPR Group, its employees or agents are negligent) for indirect or consequential losses. This disclaimer of liability includes (but is not limited to) losses of revenue or profits, indirect losses arising from the fact that the Services were not properly performed, or that the Customer may be exposed to claims for compensation for economic loss from its customers, clients or other parties in contractual or economic relations with the Customer.
BPR Group makes every reasonable effort to protect the confidentiality of records and media entrusted to it for secure destruction but cannot assume responsibility for losses arising from any failure to maintain confidentiality or other protection of data unless the Customer informs BPR Group prior to the acceptance of the Order of the risks arising from any disclosure. BPR Group reserves the right to charge a premium if the additional risk it agrees to assume under this sub-section is considered by it (in its sole discretion) to be material.
BPR Group accepts no responsibility and gives no undertakings for the confidentiality of records and media collected for recycling or the protection of data contained in any such records or media.
BPR Group’s liability under this Agreement shall in no circumstances exceed five times the total annual service charges payable by the Customer to BPR Group.
The Customer agrees that any employee or agent of BPR Group shall, while performing his or her duties as such employee or agent, be entitled to the same limitation of and protection from liability under this agreement as BPR Group.
It is understood that while BPR Group can make recommendations and will work with the Customer to change practices and increase recycling rates, the Customer has the ultimate power when it comes to ensuring change happens and therefore BPR Group is not responsible for any of the Customer's practices or recycling rates.
Warranties & Exclusions – Goods
Unless otherwise specified, BPR Group guarantees to replace or (at its option) repair any Goods supplied by it provided; (a) payment has been received in full and (b) BPR Group has been informed promptly of the discovery of any such defect and (c) such defect is reported within one week of supply by the Customer.
This guarantee does not apply to fair wear and tear or to damage due to negligence or improper handling by the Customer, its employees or agents or third parties.
Without prejudice to the foregoing, BPR Group shall not be liable for any lost profits arising from defects in the Goods and in no circumstances be liable for any loss or damage costs or expenses which exceed in the aggregate the sale price of the Goods.
BPR Group at its sole discretion may accept the return of any of the Goods supplied to but not required by the Customer (upon such terms in respect of a handling charge or otherwise as BPR Group may choose) and to issue a credit note in respect thereof. Any request by the Customer to return Goods must be made in accordance with the provisions of BPR Group’s Customer Returns Policy.
Claims Procedure in Respect of Defective Goods
BPR Group must be notified of any claim in respect of any Goods alleged to be defective specifying the reason giving rise to such claim. Notification must be made within 5 Working Days. Where the Customer makes such a claim or request by telephone it must note the name of the person spoken to and any acknowledgement reference.
In addition, where it is alleged by the Customer that any of the Goods are defective due to damage occasioned to them, the Customer shall notify the carrier in writing of such damage and notify BPR Group within three Working Days time. If by reason of the failure of the Customer to give any such notice, BPR Group is prevented from successfully claiming against the carrier for such damage, the Customer shall be liable to pay for the Goods as though no such damage occurred.
Where the Customer could not have discovered the subject of the claim within the time limits set out above then the Customer must notify BPR Group within a reasonable time of the discovery of the potential claim.
The Customer shall be wholly responsible for the safety of employees, agents and sub-contractors of BPR Group entering the Customer’s premises for the purposes of delivering Goods or providing the Services.
Damage to property
BPR Group must be notified in writing with photographic evidence within two working days of any claim in respect to damage to property alleged to have occurred during provision of the Services or delivery of Goods. BPR Group must be given the opportunity to inspect the alleged damage and at BPR Group’s option to make good any damage. In the event that liability is admitted, and the Customer arranges for repair two quotations must be obtained and BPR Group’s approval obtained before work is authorised.
BPR Group agrees to process Customer Personal Data only for the purpose of providing Goods and Services and will process all data in accordance with all applicable Data Protection Laws.
Where BPR Group acts as Data Processor for the purpose of providing Goods or Services, the provisions contained in the Annex to these conditions shall apply.
Assignment & Sub-Contracting
BPR Group may transfer any of its rights or responsibilities under the Agreement to another person at any time. You may not transfer any of your rights or responsibilities under the Agreement to another person without our prior written consent.
BPR Group may sub-contract the performance of the Service (or any part of it) without your consent.
These conditions shall be subject to and construed in accordance with English Law and the Customer submits to the exclusive jurisdiction of the English Courts.