Junk Removals Terms and Conditions

Terms & Conditions

All bookings are subject to our terms and conditions

About us

We, 2nd Chances Ltd, a company registered in England under company number: 09367941  and with our registered office at: 24 Cherry Orchard Road BR2 8NE

Our VAT number is: 303144162

Basis of sale

The whole of the agreement between the customer and 2nd chances 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, 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 job is to take place. 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 if required. Failure to do so may result in the collection failing in which circumstances 2nd chances Ltd is not to be held liable for any loss or damage incurred. In the event that we attend in your absence and there is a price change which we need to notify you of, but are unable to reach you, we reserve the right to either – proceed with work and invoice you for the full amount or only carry out a collection up to the initial agreed cost, in this instance if a return trip is required it will be treated as a new job.

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, including any containers.

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

All prices are subject to VAT.

Our primary pricing method is to charge for each collection by the cubic yard weighing cumulatively up to a fixed amount per cubic yard. As it is impossible to weigh waste in situ, the price quoted may be based solely on our visual estimate of the weight of the waste to be removed. Such weights may be determined accurately in retrospect by way of a transfer station weighbridge ticket and subject to agreement the price may be varied in retrospect. The customer must request such an arrangement in advance of the removal of the waste so as to allow for the waste removed to be kept separate from other waste for the purpose of weighing, and a collection on these terms will not always be available. If you require full details of weight allowances then please request these when booking your collection. Depending on the type of waste, we may occasionally opt to undertake your collection based on weight rather than cubic yard. You will be informed if this is the case.

Payment must be made in line with the payment terms detailed on your invoice. Your invoice will be issued to you via email. We advise you to make sure you have received your invoice within 24 hours of completion of works, and to check all inboxes including spam folders. We do not accept any liability for any delays in you receiving your invoice. In the event payment is not made, any waste collected may be returned to the producer. Payments not made before or on the due date will incur an administration fee of £40 for invoices up to £999.99; £70 for invoices up to £9,999.99 and £100 for invoices over £10,000.00. We reserve the right to charge interest on any unpaid balance at the rate of 8% above the base rate as set from time to time by The Bank of England. We do not assume ownership of any waste collected until payment for the collection has been made.

Any invoices that remain unpaid 30 days after the due date will be processed with the HMRC – at which point the customer will become liable for the additional fees and we may apply for a county court judgement (CCJ)

If your invoice remains unpaid we reserve the right to share your information and transfer the invoice to a third party for collection, and we may instruct a debt collection company to act on our behalf. The customer will be liable for the charges added by the third party.

We may invoice you at any time after we have provided the services

Time for payment of our invoices shall be of the essence of the contract.

Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.

We may, from time to time, carry out credit checks with credit reference or other agencies to establish the current credit status of account holders. Should the credit status of an account holder diminish or change in any way that we consider to be adverse, then we reserve the right to lessen the credit amount offered or to close the account. In the event that we change the amount of credit offered, then the balance of outstanding credit over that amount will immediately become due and we will be entitled to treat the overdue amount as if it had become overdue in the normal way.

We reserve the right to close your account at any time without notice if, in our sole opinion, the account holder or any representative or agent of account holder has been, or is suspected of having been party to bribery, corruption, illegal practices, solicitation of companies that hold accounts with 2nd chances, solicitation or offers of employment to current 2nd chances staff or any other act that may be considered by us to be to the detriment of 2nd Chances Ltd. Should we close your account, then we may, at our sole discretion, 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. For clarity, we will be entitled to require all collections undertaken before the date of account closure, whenever normally due to be paid within 14 days of account closure

You shall pay all amounts due in full without any deduction or withholding, except, as required by law, and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. Should any amount due become over 7 days overdue then we reserve the right to require immediate payment of all amounts due regardless of the due date on the invoice.

Cancellations and charges

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 up to 60 mins for all collections up to a full load, this time includes time spent parking our vehicle and assessing the job on arrival.  Where it takes us longer than the allocated time, we reserve the right to charge for additional labour in blocks of 30 minutes 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, we reserve the right to charge for the whole collection by weight.

‘Difficult waste’ (including but not limited to fridges, car tyres, mattresses, gas bottles, air con units) is charged at a separate rate per unit.

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.

If you need to cancel your collection, we will require at least 24 hours notice. If you fail to give us more than 24 hours notice, we reserve the right to charge either a £30 fee or 25% of the quoted price for your job.

If, on arrival, the job specification changes without reasonable notice, we reserve the right to charge our full quoted price.

Limitation of liability

2nd Chances will accept no liability for the implied legality of any service that we carry out. No opinion or purported advice offered by any 2nd Chances employee or agent should be relied upon in the assessment of legal compliance. By carrying out any service as instructed by a customer, we do not convey any warranty of legality of the service in any way. The customer should ensure that any instructions given to us are lawful and the customer agrees to indemnify 2nd Chances 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) 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 and take pictures of the working area before and after our clearance is complete, and notify the team of any damage before the team has left the site and allow them to take pictures. Any such damage must also be notified in writing to info@2ndchancesltd.com 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 and that does not contain supporting images.

Working in lofts:

If, as part of our work, we are required by you to enter into a Loft, Attic or overhead hatch, we are unable to accept any liability whatsoever – whether at fault or not – for any damage caused to belongings, property or persons arising from working in this area. We will advise you of this at the time of booking and can only undertake this work at your complete discretion.

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.

Termination

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.

Assignment

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.

Notices

All notices sent by you to us must be sent to us at our registered office address and or emailed to info@2ndchancesltd.com. We may give notice to you at either the e-mail or postal address you provide to us at the time of booking. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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

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 as a data controller in full compliance with all aspects of the data protection act.

You acknowledge that in the event your invoice is not paid that we may share your information with the HMRC or a debt collection agency.

Re-use collections

You warrant to us that all items which you offer to us belong solely to you and are not subject to any lien, charge or encumbrance.

Where a re-use discount has been applied to your job, if, when we come to collect the items, the items are materially different from the time when we originally inspected them (for example, if they become dirty, damaged or broken in the interim period), we reserve the right to not accept affected items and/or to provide a re-quote to you, should that be necessary. Should items that were originally included in the collection no longer be required for collection by us from you then we reserve the right to re-quote for the overall job.

Title and risk in all items shall pass to us from the time we collect the items.

You confirm that any sensitive information has been removed from these items and authorise us to re-use the item as we see fit.

We shall, at our discretion, Sell or Re-use items we acquire from you. We are not, however, obligated to re-use and/or sell any items and reserve the right to dispose of any items which we believe are not saleable, or for any other reason at our discretion. Any sale by us of items, shall be made by us as the sole owner of the items, and the Supplier shall not have any rights or liabilities in relation to that sale.

Use of subcontractors.

2nd Chances may, from time to time, subcontract the provision of some or all of the Services where availability requires us to do so. All of our suppliers are specially selected and licensed waste service suppliers (each a “Supplier”).  Where these Contract Terms use the words “we” or “us”, it refers to both 2nd Chances and its Suppliers if the context requires or permits. 2nd Chances remains responsible to you, as its customer, for the performance of the Services by its Suppliers.

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 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.