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Terms + Conditions

In these terms of trade:

“Account” means the Customer’s account with the Vendor;

“Business Days” means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Customer” means the person or entity signing an Application for Credit or making an Order and any person acting with ostensible authority on behalf of the party named as the Customer;

“Data Privacy Laws” means the European General Data Protection Regulation 2016 (GDPR) and the UK Data Protection Act 2018, together with any other laws that apply to personal data in respect of which Method Recycling is subject;

“Goods” means goods supplied by the Vendor to the Customer at any time;

“Guarantor” means any party executing a Guarantee of the Customer's Account with the Vendor;

“Order” or “Orders” means any order or orders of the Customer to the Vendor to supply Goods ;

“Personal Information” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier

“Purchase Money Security Interest” means a security interest or claim on property enabling the Vendor to obtain priority ranking ahead of other secured creditors under applicable law.

"Terms" means these Terms and Conditions of Trade;

“Vendor” means Method Recycling UK Limited (“Method Recycling”, "we", "our" or "us").

Orders will be on such forms as the Vendor may require from time to time.

Each Order will constitute acceptance by the Customer of these Terms.

Prices are subject to change without notice. Unless otherwise specified all Orders will be charged at prices prevailing at the date of delivery of the Goods.

  1. Where an Order makes provision for delivery then delivery will take place at the place stated in the Order. If no place is indicated then delivery will be made at the physical address of the Customer set out in the Order or Application for Credit.
  2. If the Customer is not in a position to accept or take delivery of the Goods as scheduled the Customer will be responsible for all additional charges caused thereby.
  3. Delivery of Goods by the Vendor to a carrier is deemed to be delivery to the Customer.
  4. The Customer must notify the Vendor within two working days of delivery of any shortfall in Goods supplied, time being of the essence.
  1. The Customer will provide at no cost to the Vendor, adequate access and all necessary facilities including but not limited to power, lighting, unloading, hoisting and lifting facilities, labour, site preparation for the purposes of installation of Goods and employee amenities which comply with all statutory requirements.
  2. If the Customer fails to supply adequate access the Vendor may make a further charge to the Customer to cover the additional costs incurred arising from such failure as the Vendor considers reasonable.
  3. Upon the Vendor delivering Goods the Customer will ensure adequate safe storage facilities are provided for protection against theft and damage of any Goods, equipment or other items belonging to the Vendor at no cost to the Vendor.
  4. Where installation or supply of the Goods requires coordination with other trades the Customer will arrange for all such trades to coordinate delivery and acknowledges that delays may arise as a result.
  5. Delivery times will be extended to cover delays caused by strikes, lockouts, prohibitions, non-availability of materials or any circumstances beyond the Vendor's control.

The Vendor will be responsible for the actions of its employees under the Health and Safety at Work Act 1974 (“HASAWA”). The Customer will be responsible for compliance with the HASAWA in respect of the Customer's site and will advise the Vendor prior to commencement of any work of any hazards.

Time will in no case be of the essence in respect of the delivery of Goods. The Vendor will not be responsible for any delay in the delivery of Goods and the Customer will not be entitled to cancel orders because of any such delay. Dates for delivery of Goods are given in good faith and are not to be treated as a condition of sale or purchase.

1. Unless otherwise specified, payment for all Goods will be made no later than:

(a) the 20th day of the month following supply for Customers with an Account.

(b) on supply for Customers without an Account;

2. The Vendor may, at its sole discretion, require payment of a deposit by the Customer prior to processing any Order.

3. An administration fee may be charged on all overdue amounts in addition to any other charges pursuant to this clause.

4. Interest will accrue on all amounts overdue at the rate of 4% above the base rate of the Bank of England per month and will be calculated on a daily basis on the outstanding balance from the due date until payment is received in full by the Vendor.

5. All costs of or incurred by the Vendor as a result of a default by the Customer including, but not limited to, administration charges, debt collection costs and legal costs as between solicitor and client are payable by the Customer.

6. If the Customer defaults in any payment or commits any act of bankruptcy or any act which would render it liable to be wound up or if a resolution is passed or proceedings are filed for the winding up of the Customer or if a receiver is appointed for all or any assets of the Customer, the Vendor may cancel any Order without prejudice to any other rights it may have and payment for all completed Orders will immediately become due.

1. Unless otherwise specified, where a written quotation is given by the Vendor for the supply of Goods:

(a) the quotation will be valid for thirty (30) days from the date of issue;

(b) the Vendor reserves the right to alter the quotation because:

(i) the Customer requests variations to the supply of Goods; and/or

(ii) of circumstances beyond the Vendor's control

Unless expressly included in any quotation or Order, Goods Tax and other taxes and duties assessed or levies in connection with the supply of the Goods to the Customer are not included in the price and will be the responsibility of the Customer or, where the payment of such taxes or duties is the responsibility of the Vendor at law, the price will be increased by the amount of such taxes or duties.

The Vendor may in its discretion allocate any payment received from the Customer towards any invoice that the Vendor determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer the Vendor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Vendor, payment will be deemed to be allocated in such manner as preserves the maximum value of the Vendor's Purchase Money Security Interest in the products.

Clerical errors or omissions, whether in computation or otherwise in the quotation, acknowledgement or invoice will be subject to correction.

From the time of dispatch to the Customer by the Vendor, risk in all Goods supplied will pass to the Customer and any loss, damage or deterioration to the Goods will be borne by the Customer. The Customer will notwithstanding any loss, damage or deterioration to the Goods remain liable to pay for the Goods.

  1. The Vendor will retain ownership of all Goods supplied until it receives payment in full of all amounts owing by the Customer for all Orders.
  2. If any of the Goods are attached, fixed or incorporated in or used as material for other goods before payment is made ownership in the whole of the other goods will be and remain with the Vendor until payment is made. The Vendor’s Security Interest in the Goods will continue.
  3. The Vendor will have a right to stop and retrieve the Goods in transit whether or not ownership has passed.
  4. Until payment is made by the Customer, the Customer agrees:

(a) to enable the Goods to be readily identifiable as the property of the Vendor;

(b) to hold the Goods as trustee for the Vendor and will deal with the Goods as agent for and on behalf of the Vendor (but will not hold the Customer out as an agent of the Vendor to any third parties);

(c) that if the Goods are re-sold, the proceeds of resale will belong to the Vendor and the Customer will keep the proceeds of sale in a separate account for which separate records are kept

The Goods provided pursuant to these Terms are sold for use in the UK only and are not to be exported elsewhere, directly or indirectly, without the prior written consent of the Vendor.

In the event that the Vendor consents to the export of the Goods the Customer is responsible for all costs and compliance with any export regulations in force within the country for which the Goods are destined.

  1. In the event of non-payment or if payment of the Customer’s Account is overdue the Vendor will be entitled without prejudice to any other right it has at law or in equity to enter the place where the Goods are stored whether at the Customer’s premises or property or the premises or property of a third party for the purpose of recovering and taking possession of any Goods supplied.
  2. The Customer warrants to the Vendor that where the Goods are stored on the premises or property of a third party the Customer is acting as agent for the third party and has the full authority of the third party to authorise entry on to the premises or property of the third party for the purpose of recovering the Goods supplied without releasing the Customer from liability.
  3. The Vendor will not be responsible for any damage reasonably caused in the course of removal of Goods supplied whether such Goods are in the possession of the Customer or a third party, and the Customer indemnifies the Vendor to the full extent in respect of damage caused in the course of removal from the property of a third party.
  4. The Vendor may resell any Goods seized pursuant to this clause and apply the proceeds towards payment of the Customer’s debt to the Vendor. Any shortfall will remain the liability of the Customer. The Customer indemnifies the Vendor for all costs and expenses including legal costs as between solicitor and client which the Vendor may incur in recovering the Goods and any monies owed to it.
  1. Unless specified in writing, the Vendor gives no warranty express or implied as to the quality, description or fitness for any particular purpose of the Goods.
  2. Where applicable, manufacturer’s warranties will attach to the Goods.
  3. Where the Customer is a consumer within the meaning of the Consumer Rights Act 2015, the Customer will have all the rights and remedies provided under that Act but no others.
  4. Where Goods supplied are defective in terms of any condition warranty or guarantee or otherwise do not conform to the Order (other than as to quantum), the Vendor will at its discretion replace or repair any faulty Goods or pay the cost of replacing them, but only if a claim is made by the Customer within seven days of delivery of the Goods time being of the essence.
  5. The Vendor has given commitments as to compliance of the Goods with relevant specifications in this clause 18. In view of these commitments, where the Customer is not a consumer, the terms implied by sections 13 to 15 of the Sale of Goods Act are, to the fullest extent permitted by law, excluded from these Terms.

The Customer will be solely responsible for obtaining any necessary permits under and in compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation operation and provision of the Goods.

The Customer will not be entitled to cancel an Order or return Goods other than as allowed pursuant to these Terms.

1. The Customer acknowledges that these Terms constitute a security agreement which creates a security interest in favour of the Vendor in all Goods previously supplied by the Vendor to the Customer (if any).

2. The Customer acknowledges and agrees that by making an Order the Customer grants a security interest (by virtue of clause 15 of these Terms) to the Vendor in all Goods supplied by the Vendor to the Customer pursuant to that Order and any subsequent supplies of Goods to the Customer notwithstanding anything express or implied to the contrary contained in the Customer's purchase order and that such security interest may be a Purchase Money Security Interest.

3. The Customer grants to the Vendor a Security Interest in all of the Customer’s present and after-acquired property that the Vendor has performed services on or to or in which goods or materials supplied or financed by the Vendor have been attached or incorporated.

4. The Customer undertakes:

(a) to sign any further documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which the Vendor may reasonably require to enable registration of financing statements or financing change statements on the Register of Security Interests at Companies House;

(b) not to register a financing change statement or make a demand to alter a financing statement in respect of the Goods without the prior written consent of the Vendor;

(c) to give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice);

(d) to pay all costs incurred by the Vendor in registering and maintaining any financing statement (including registering a financing change statement) on the Register of Security Interests at Companies House and/or enforcing or attempting to enforce any security interest created by these Terms including executing subordination agreements; and

(e) to be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order.

5. Unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest.

6. The Customer agrees that immediately on request by the Vendor the Customer will procure from any third parties such agreement and waivers as the Vendor may at any time require to protect the Vendor's security position.

  1. All payments will become immediately due to the Vendor and the Vendor may at its option suspend or terminate these Terms and/or exercise any of the remedies available to it under these Terms in the event that:

(a) a receiver is appointed over any of the assets or undertaking of the Customer;

(b) an application for the appointment of a liquidator is filed against the Customer which remains unsatisfied for a period of 10 days, or any of the conditions necessary to render the Customer liable to have a liquidator exist, or a liquidator is appointed;

(c) the Customer goes into voluntary liquidation, amalgamates with another company or acquires its own shares in accordance with the Companies Act 2006;

(d) the Customer suspends payments to its creditors or makes or attempts to make an arrangement or composition or scheme with its creditors; or

(e) the Customer becomes insolvent within the meaning of the Insolvency Act 1986 or is, becomes, or is presumed to be unable to pay its debts as they fall due as defined in section 123 of the Insolvency Act 1986 or commits any act of bankruptcy.

Notwithstanding that title in all Goods is retained by the Vendor, the Customer is authorised to sell the Goods in the ordinary course of business provided that the authority may be removed by written notice if the Vendor considers the credit of the Customer to be unsatisfactory or if the Customer is in default in the performance of its obligations to the Vendor and will be deemed automatically revoked if any of the events in clause 22 occur.

  1. Where Goods not already passed to the Customer are sold by the Customer in the ordinary course of business, the book debt created on the sale and the proceeds of sale when received will be held by the Customer for the Vendor.
  2. Where any proceeds of sale are placed in the Customer’s bank account the funds in the Customer’s bank account will be deemed to be held on trust for the Vendor to the extent of the proceeds of sale.
  3. Where any payments are made from the Customer’s bank account otherwise than to the Vendor, payment will be deemed to have been made from all other funds in the Customer’s bank account and not from funds held on trust for the Vendor.
  4. The obligation to hold funds in trust imposed by this clause and the Vendor’s entitlements will continue for so long as the Vendor is unpaid for all Goods supplied to the Customer.

Without prejudice to such other rights as the Vendor may have pursuant to these Terms, the Vendor reserves the right to request from the Customer such security as the Vendor may from time to time think desirable to secure to the Vendor all sums due to the Vendor and may refuse to supply further Goods to the Customer until such security is given.

  1. The Vendor’s liability to the Customer will be limited to the value of the Order supplied out of which any such liability arose.
  2. The Sale of Goods Act 1979, the Fair Trading Act 1973 and other statutes may imply warranties or conditions or impose obligations upon the Vendor which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the Vendor the Vendor’s liability will, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
  3. Except as otherwise provided above the Vendor will not be liable for any loss or damage of any kind whatsoever, arising from the supply of Goods by the Vendor to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by the Vendor to the Customer.
  4. The Customer will indemnify the Vendor against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of the Vendor or otherwise, brought by any person in connection with any matter, act, omission, or error by the Vendor its agents or employees in connection with the Goods

The Customer must satisfy itself that the Goods as ordered are fit and suitable for the purpose for which they are required. The Vendor makes no warranties or representation and expressly negates any implied or expressed condition that the Goods will be suitable for a particular purpose or use for which the Customer may use them. The Customer accepts all risk and responsibility for consequences arising from the use of the Goods whether singularly or in combination with other Goods.

  1. Dimensions and specifications contained or referred to in any Order, catalogues, brochure or other publications maintained or issued by the Vendor are estimates only.
  2. Unless otherwise expressly agreed in writing, it is not a condition of these Terms or any Order that the Goods will correspond precisely with any dimensions and specifications recorded in an Order and customary tolerances or in the absence of customary tolerances, reasonable tolerances will be allowed.

If the Customer is a Company or Trust, the Director(s) or Trustee(s) accepting these Terms, in consideration for the Vendor agreeing to supply Goods and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally guarantee as principal debtors to the Vendor the payment of any and all moneys now or hereafter owed by the Customer to the Vendor and indemnify the Vendor against non-payment by the Customer. Any personal liability of a signatory hereto will not exclude the customer in any way whatsoever from the liabilities and obligations contained in these Terms. The signatories and the Customer will be jointly and severally liable under these Terms and for payment of all sums due hereunder.

1. The Vendor will maintain confidentiality of your data, and will make all reasonable efforts to prevent any unauthorised use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary in accordance with these Terms.

2. In connection with Personal Information relating to the Customer, a prospective Customer, or its or their personnel who may be employed, engaged or otherwise connected to a Customer or prospective Customer, the Vendor will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal Information, and the terms of the Vendor’s Privacy Notice shall apply to such processing.

3. The Customer acknowledges that:

(a) the Personal Information provided, obtained and retained by the Vendor about the Customer will be held and used for the provision of Goods to the Customer;

(b) they will notify the Vendor of any changes in circumstances that may affect the accuracy of the information provided by the Customer to the Vendor.

4. The Vendor will in accordance with its Privacy Notice:

(a) comply at all times with applicable privacy and data protection laws;

(b) take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of any person within the Customer or prospective Customer, (ii) sensitive information about any person within or connected to the Customer and (iii) the Customer’s Personal Information;

(c) take reasonable steps to notify the Customer if the Vendor becomes aware of any disclosure of (i) any Customer’s Personal Information or other data that can be used to establish the identity of the Customer, or (ii) sensitive information relating to the Customer that is associated with the Customer; and

(d) grant the Customer the rights of set out in the Privacy Notice.

  1. The Customer will not assign all or any of its rights or obligations or any debt (or part thereof) under these Terms without the written consent of the Vendor.
  2. The Vendor may also assign or subcontract any part of the provision of the Goods which is to be performed under any contract.
  3. In respect of any assignment by the Vendor pursuant to this clause, the Assignee will be entitled to the full rights of the Vendor.
  1. In the event of any dispute arising between the Vendor and the Customer, such dispute will in the first instance be referred to mediation for resolution.
  2. In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute.
  3. Nothing in this clause prevents the Vendor from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief

1. A notice given to a party under or in connection with these Terms shall be:

(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office or its principal place of business; or

(b) sent by email to the address specified here, info@methodrecycling.com.

2. Any notice shall be deemed to have been received:

(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; and

(c) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 33.2(c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

If any provision of these Terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

  1. The Vendor may at any time refuse an order by the Customer or decline to approve any application by the Customer for any reason whatsoever.
  2. The existence of an account by the Customer with the Vendor does not automatically entitle the Customer to credit in the future.
  3. Failure by the Vendor to enforce any of the terms and conditions contained in these Terms will not be deemed to be a waiver of any of the rights or obligations the Vendor has under these Terms.
  4. The Vendor reserves the right at any time, from time to time by written notice to the Customer amend, add to or repeal the trading conditions covered by these Terms or may substitute any fresh trading conditions and such amendment, addition or substitute trading conditions will be binding on the Customer fourteen days after the date of delivery of the notice. If the changes are significant or may materially impact upon the Customer rights, the Vendor will provide more prominent notice or contact the Customer by other means (including, for certain services, email notification of Privacy Notice changes).

Neither the Vendor nor the Customer will be liable to the other for any breach of these Terms by any extraordinary occurrences which are beyond the reasonable control of the party in question.

If the Customer has provided the Vendor with an email address for communication purposes the Vendor will fully comply with all requirements under the Privacy Laws.

These Terms constitute the entire agreement and supersede and extinguish all prior agreements and understandings between the Vendor and the Customer.

If there is inconsistency between these Terms and any order submitted by the Customer or any other arrangement between the Vendor and Customer, these Terms prevail unless otherwise agreed in writing by the parties.

These terms together with any dispute or claim arising out of or in connection with these Terms or its subject matter or formation shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.