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1.1 These Terms and Conditions shall apply to the trading relationship between Scrap Tyre Exchange and Members of the Scrap Tyre Exchange.
1.2 In the event of conflict between these Terms and Conditions and any other terms and conditions the former shall prevail unless expressly otherwise agreed in writing
2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day”
a day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business.“Commencement Date”
Commencement date is the date at which these terms and conditions have been accepted by the individual, firm or corporate body who register as member of the Scrap Tyre Exchange.“STE”
Scrap Tyre Exchange Ltd a company registered in England and Wales with Company number 6340289 whose registered office is Suite 1.1 Howard House Commercial Centre, Howard St, North Shields, Tyne & Wear, NE30 1AR.“Generator”
Means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which has a product for collection.“ Collector"
Means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which supplies collection services to STE.“Re processor”
Means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which supplies re processing services to STE.“Member”
Means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which registers with STE for the exchange of information.“Member’s Letter’’
Means written confirmation from STE of services required or provided by Members, confirmation of prices agreed and payment terms.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3.1 STE will provide Members with a platform for the exchange of information with respect to the collection and re processing of scrap products.
3.2 Membership does not place any obligation on STE to supply or purchase services.
3.3 Services will only be supplied following confirmation in writing in the Member’s Letter.
3.4 With effect from the Commencement Date the Member shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the services expressly identified in the Member’s Letter or otherwise agreed.
3.5 The Member will use reasonable care and skill to perform the services identified in the Member’s Letter or otherwise agreed.
3.6 The Member shall use all reasonable endeavours to complete its obligations under the Member’s Letter.
3.7 The Member in agreeing to these Terms and Conditions confirms that it is licenced to provide the appropriate services.
3.8 The Member will provide STE with copies of any appropriate licences when requested by STE
3.9 Where waste products are being collected by a Collector Member a waste transfer note with licence details clearly marked must always be used.
3.10 The quantity collected must always be clearly marked and confirmed by the waste Generator Member.
3.11 Copies of completed waste transfer notes should always be sent to STE with the appropriate invoice for Collector Member payment.
3.12 Completed waste transfer notes will be used by STE to raise appropriate invoices to Generator Members and in all cases the quantity shown on the waste transfer note will be taken as accepted by the Generator Member.
3.13 In the event that there is a dispute between a Generator Member and a Collector Member re the quantity of products collected STE will not be liable in any form to resolve this dispute or for any consequences arising from it and without resolution satisfactory to both parties the matter will be referred to independent arbitration agreed between the two Members.
3.14 Where waste products are being re processed by a Re processor Member an appropriate completed weighbridge ticket must always be used.
3.15 The quantity of waste products delivered by the Collector Member must be clearly marked on the weighbridge ticket and confirmed by the appointed Collector Member driver.
3.16 Copies of completed weighbridge tickets should always be sent to STE with the appropriate invoice for Re processor Member payment.
3.17 Completed weighbridge tickets will be used by STE to raise appropriate invoices to Collector Members and in all cases the weight shown on the weighbridge ticket will be taken as accepted by the Collector Member.
3.18 In the event that there is a dispute between a Collector Member and a Re processor Member re the quantity of products delivered STE will not be liable in any form to resolve this dispute or for any consequences arising from it and without resolution satisfactory to both parties the matter will be referred to independent arbitration agreed between the two Members
4.1 The Member agrees to pay the Fees in accordance with the terms of payment and detailed in the Members Letter.
4.2 All sums payable by either party pursuant to these Terms and Conditions are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that party shall be additionally liable.
5.1 All payments required to be made pursuant to these Terms and Conditions by either party shall be outlined in the Member’s Letter and shown on the relevant invoice in pounds sterling in cleared funds to such bank in the UK as the other party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
5.2 The time of payment shall be of the essence of these Terms and Conditions.
6.1 If the Member wishes to vary any details of the Member’s Letter it must notify STE in writing as soon as possible and before the completion of any work. Should work commence prior to receipt of this letter then the terms in the original Member’s Letter will prevail. Any such amendments will only be effective on written confirmation from STE.
6.2 If, due to circumstances beyond the Member’s control, it has to make any changes in the arrangements relating to the provision of the services it shall notify STE forthwith. The Member shall endeavour to keep such changes to a minimum and shall seek to offer STE arrangements as close to the original as is reasonably possible in the circumstances. Any such amendments will only be effective on written confirmation from STE.
7.1 STE may terminate the membership of the Member forthwith if:
7.1.1 the Member is in breach of any of its obligations hereunder; or
7.1.2 the Member has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or
7.1.3 the Member has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or
7.1.4 the Member ceases or threatens to cease to carry on business; or
7.1.5 any circumstances whatsoever beyond the reasonable control of the Member (including but not limited to the termination of the service through no fault of the Member) arise that necessitate for whatever reason the termination of the provision of services.
No party may sub-contract the performance of any of its obligations under these Terms and Conditions without the prior written consent of the other party. Where either party sub-contracts the performance of any of its obligation under these Terms and Conditions to any person with the prior consent of the other party, that party shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of the party itself.
9.1 Except in respect of death or personal injury caused by STE’s negligence, STE will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the STE’s servants or agents or otherwise) in connection with the performance of any parties obligations under these Terms and Conditions or with the use by the Member of the services supplied.
9.2 The Member shall indemnify STE against all damages, costs, claims and expenses suffered by any party arising from loss or damage to any equipment (including that of third parties) caused by the Member, or its agent or employees.
9.3 The STE shall not be liable to the Member or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of STE's obligations if the delay or failure was due to any cause beyond STE's reasonable control.
9.4 Where the [Supplier] consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a [Supplier] shall be joint and several obligations of such persons.
10.1 Neither the Member nor STE shall be liable to the other or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms and Conditions, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
10.2 act of God, explosion, flood, tempest, fire or accident;
10.3 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.4 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.5 import or export regulations or embargoes;
10.6 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Member or the Client or of a third party);
10.7 difficulties in obtaining raw materials, labour, fuel, part or machinery;
10.7 power failure or breakdown in machinery.
11.1 No waiver by STE of any breach of these Terms and Conditions by the Member shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
11.2 No failure or delay on the part of any party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
STE reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of any services or facilities provided by STE. STE reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
14.1 Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other shall be given by sending via pre-paid registered post, email, facsimile transmission or other comparable means of communication.
14.2 Any notice or information given by post in the manner provided by Clause 14.1 which is not returned to the sender as undelivered shall be deemed to have been given on the fifth day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.
14.3 Any notice or information sent by e-mail, telex, cable, facsimile transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent to the other party 24 hours after transmission.
14.4 Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.
These terms and conditions shall be governed and construed in accordance with English law and the parties shall submit to the non-exclusive jurisdiction of the English courts.
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