Anenta

Terms and Conditions

Our Promise

We are waste brokers and proud of it. Our experiences have resulted in a drive to do things in a new way that is fair from the customer's point of view.

One of our founding principles is to continually seek to provide our customers the best service and prices available in the market.

Our promise is to keep things as simple as possible and make sure there is total transparency in what we do for you and what and how we charge.

Agreement Details

This agreement is between Anenta Ltd whose office is at; Studio G01 The Light Bulb, 1 Filament Walk, Buckhold Road, London, SW18 4GQ, a company registered in England number 08523321 and you the "Client" as detailed in your Anenta account.

Details of the services you have requested of us are documented within the "Client's" Anenta Account located at vector.anenta.com as agreed.

Introduction

Lets be clear from the start - you are the customer and we, Anenta Ltd, are the service provider. We are here to provide you with a service.

By accepting these terms and conditions both you and Anenta agree to adhere to some principles. These principles will help ensure that our continued relationship is as effective as possible.

You agree that Anenta will be the sole and exclusive provider and provide the requested services for a minimum period of 12 months from the date you ask for the service to start, the "Commencement Date". A summary of this can be found online in your Anenta account.

We agree to adhere to the service specification you request and to inform you of any known deviation as far in advance as possible. On occasion this may not be possible due to unforeseen circumstances, which have immediate effect.

We are providing you with access to a system to manage this agreement and service; a direct service contract (pay by you). The terms of use of this system are located via www.anenta.com

You can request amendments to your services, for example: an additional collection, or additional containers, and communicate issues to us from within your Anenta account accessed via www.anenta.com.

For direct service contracts , you agree that when a request for an additional service outside your original specification is made, we will levy the appropriate charge in accordance with the pricing schedule made available to you in your Anenta account.

Obviously we want to have a smooth and happy relationship, so by accepting these terms and conditions you are agreeing to:

Inform us of any service issues encountered so we have opportunity to rectify or improve the service provision to meet your needs. We cannot fix the things we don't know about, so we really need you to feedback as much as possible
To make payments on time so you get what you need on time.

How long is my contract?

We offer a number of waste services including, General, Recycling, Clinical, Confidential and Pharmaceutical waste collection and disposal. When you order one of these wastes services from Anenta you are agreeing to these terms and conditions of service with us. This includes the provision of pre-paid bag service.

There is a minimum 12-month service contract period for each service requested i.e. general waste 12 months, recycling 12 months and clinical 12 months separately. This means that for any new service requested, we will provide you with this service for a minimum of 12 months from the date you request the service to start.

These short-term rolling contracts are a new innovation for the waste industry. You are not tied into long and ridiculously convoluted contracts that you find difficult to terminate. It is our obligation to ensure you are happy with our service and price, so we retain you as a customer.

The start, end date and notice period start date of the service contract is available to view in your Anenta account.

What we do for you

We will provide all management liaison between our preferred waste disposal vendor(s) where under this agreement you give us authority to act as your sole and exclusive waste broker in accordance with The Waste (England and Wales) Regulations 2011.

We will act as the sole and exclusive point of contact for you in relation to the services conducted by our preferred waste disposal vendor(s). You can contact us by logging in to your Anenta account via www.anenta.com or by giving us a call on 03301 222 143.

By signing up to any Anenta service we will give you your own online account management tool for the entire service contract period providing you with access to:

Waste disposal data including weight, type, collection frequency, costs, disposal and Duty of Care documentation
Resource centre assisting you in maintaining effective segregation of waste types in accordance with legislative requirements
The ability to modify and communicate about your service specification

In terms of legislative compliance; we will facilitate and advise you of all legislative requirements pertaining to the management of your service contracts that are required and ensure the maintenance of Duty of Care requirements per section 34 of The Environmental Protection Act 1990.

We will advise you, either in writing, online notifications or email, of any current or future legislative changes which may impact on the delivery of our services to you. On occasion this could mean we need to change the preferred vendor due to their ability to operationally or financially comply with new legislation.

The Service

We will provide a service to you with reasonable skill and care and will endeavour to provide the service on the dates specified at the time of accepting this agreement.

We may, and you agree, that Anenta may need to amend the collection dates originally agreed from time to time to ensure the efficient running of the service.

We may refuse to perform the service (with or without notice) if we believe that the performance the service is unsafe or may/will cause injury or death to any person, damage to any property or result in criminal or civil liability. Anenta will not be held liable to you for any costs incurred, or losses suffered by you following such a refusal. You will indemnify us from and against all losses, damage and costs arising from any refusal by us under this condition.

Where we are unable to perform the service for any reason not caused by us (including that the equipment is empty or we are unable to access the equipment) we may charge you for the reasonable costs of making the journey to collect the agreed waste.

To help our services run smoothly and to not affect other customers, we are not obliged to wait on site to complete the collection of the agreed waste. We may, at our discretion, wait at the site to complete the collection of the agreed waste but if we do not wait we may charge and you shall pay the reasonable cost of waiting.

Ownership of the waste passes to us on collection of the waste and we are entitled to use any such process and/or dispose of the waste using any appropriate licensed process available. Unless otherwise agreed in writing we retain any proceeds resulting from the ownership of the waste.

Things you must do – straightforward stuff

You must comply with all the Law relevant to you as the producer of the waste and the user of the equipment provided. This is to ensure that your employees and any other person using the equipment on your behalf are trained to use the equipment safely and correctly.

You need to observe our requirements about the maximum weight limits set out in your Anenta account where applicable. We may charge you and amount equal to any additional cost suffered by us from failure to observe and comply with these requirements. This includes items stated in a further section named " The Waste".

You must allow us access to the equipment, as is expressly required by us for the purpose of delivery, moving, removing or maintaining the equipment and for performing the service.

If it is agreed we will collect Extra Waste, you will ensure that the extra waste is contained and clearly identified as belonging to you and your shall pay the applicable charge as reasonably determined by us and indemnify us against any costs we incur in respect to the removal of waste that is not Extra Waste.

You will obtain and maintain insurance, which is sufficient to cover your liabilities under this agreement. Any advice or recommendations given by us and followed or acted upon by you will be at your risk.

You are liable for any and all penalty notices, which may be issued to you for failure to comply with Local Authority, Regulatory requirements with respect to the management of the waste. In particular this may apply to but not limited to issues such as not appropriately identifying the waste or any health and safety risks posed to the public.

Things you cannot do - sorry quite legal

This Agreement forms the whole of the terms of the "Service" agreement between Anenta Ltd and you, the "Client", and no variation to it may be made unless expressed in writing or via your Anenta account, which is subsequently authorised by a management representative of Anenta Ltd and you, the client.

The "Client" shall not assign this Agreement, in whole or part, without Anenta's prior written consent. Anenta may assign all or any portion of this Agreement with written notice to the "Client", which shall not be unreasonably withheld. Any purported assignment in violation of this provision shall be void and of no effect. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.

Charges and Payment – again some more legal stuff

All the information regarding the pricing schedule, specification (what you asked us to do), agreed payment method and invoicing protocols are available in your Anenta account accessed via www.anenta.com.

You agree to pay the charges applied in accordance with this agreement and service and pricing set out in your Anenta account

All charges are exclusive of VAT, which will be due at the applicable rate.

Unless you pay in advance, you agree to make payments within 30 days of the date of invoice. Time of payment is of the essence for this agreement.

Payments terms: You agree to make payment in full without any set off or deductions. Payments will be made in a manner, which we may specify and change at any time.

In the unlikely event that payment is not made on the date (for those paying in advance) or within the 30 days from the date of invoice Anenta may:

Charge interest from day to day at the annual rate of 4% over the HSBC PLC daily base rate; and/or
Stop performing the service until payment is received; and/or
Terminate this agreement

Additionally (and this is only for severe cases) Anenta may seek court action for the recovery of any outstanding amounts and you shall reimburse us all the associated costs of taking such action, not limited to legal and debt collection agency costs associated with the recovery of the outstanding amounts.

Without prejudice to Payment terms you are responsible for checking the accuracy of the invoices and you will notify us within 10 days of the date of invoice if you have any queries. If we do not receive any such notice the invoice will be treated as being accurate and payable. You agree that our records, available in your Anenta account, will be proof of the Services provided within the invoice period.

If we reasonably believe that amounts due from you will not be paid in accordance with this agreement we may require payment, and you shall make payment in advance of the service or we may terminate the agreement immediately. Payments in these instances will be considered deposits.

There may be instances where we are required to provide copies of tickets or transfer notes and you agree to pay the applicable charge where charged as a reasonable copying or administration cost.

Charges and Adjustments

This is simple really; the more you order or the more we collect from you the more it will cost.

Our unit rates are determined through careful negotiation with carefully chosen suppliers. By reducing our overheads through the use of technology, we ultimately pass these savings to you.

For all adjustments made to your service we will use the agreed pricing schedule to calculate the charges payable. We will not indiscriminately increase charges without appropriate justification and appropriate notice given to you.

Unfortunately we may be required to adjust charges in accordance with statutory or legal requirements, such as landfill tax, inflation or any changes in VAT rate, however we will provide you with reasonable notice of any statutory adjustment.

Landfill tax increases and subsequent service increases usually occur at the beginning of the financial year, which in most cases is 1st April, but could occur at any other time. We will notify you of any increases as we become aware of them.

You agree to pay landfill tax at the prevailing rate whether or not it is the rate actually charged by the landfill operator at the time of disposal.

Your Anenta account will contain service guides detailing the service requirements. Containers will be specified with weight limits and in some cases where the weight limit is exceeded a charge per kilogram (kg) may be applied for every kilogram over the permissible limit.

Unless you pay in advance, you agree to make payments immediately or within 30 days of the date of invoice where agreed in advance.

Equipment

We will deliver equipment to the agreed location at a date of this agreement or otherwise agreed between us.

You must notify us of any damage within 3 days of delivery of the equipment. This can be done via your Anenta account. Should we not receive such notification Anenta will consider the equipment to be in good working order and condition, with all risk in the equipment being passed to you for the responsibility of safety and care of the equipment.

There are the obvious things that you must do with the equipment namely;

Remove, deface or conceal any name or mark indicating that the equipment is our property or that of any supplier chosen by Anenta;
Overload the equipment so that the weight exceeds the maximum weight that can be processed or held by the equipment. (This information can be found in your Anenta account);
Overfill the equipment so that the waste is higher than the level of the side of the equipment;
Move the equipment from where we deliver it or allow it to be removed from the site;
Allow any other person or business to use the equipment, charge, sub-let or part with possession of the equipment;
Prevent us from obtaining possession to the equipment;
Set fire to the content of the equipment or the equipment itself;
Add or attach to the equipment any painting, sign, writing, lettering or advertising;
Place into or allow to be placed into the equipment any material other than the agreed waste type;
Use the equipment other than in accordance with this agreement and any instructions or training provided.

Unless you purchase the equipment (goods), the equipment remains our property or the property of our chosen supplier.

You agree that the equipment is suitable to contain and transport the Waste in the quantities/weights made known to Anenta.

You agree that you will indemnify us against loss or damage to the equipment while it is in your possession except for:

Damage present on delivery and notified to us within 3 days of delivery;
Damage caused by us provided you notify us within 3 days of the day of the loss or damage.

If the equipment is rented by Anenta to you, you will comply with the conditions of rental notified by us to you from time to time. A charge may be applicable for rental of equipment.

Unless you receive and pay for a cleaning service from us you will keep the equipment reasonably clean and free from odours.

Service disruption and change

Again, it's our responsibility to ensure you get what you have asked for however, we reserve the right to make changes to the service to ensure operational continuity.

This means we may need to change the day which you are receiving your collections at short notice. We will obviously do our best to let you know with as much notice as possible however on some occasions this may not be possible.

Due to the nature of the service and the logistical implications, we may experience conditions (disruption), which are not in our control resulting in the service not being performed as specified. Where these issues arise we will endeavour to complete the service at the next available opportunity.

Such changes or conditions do not entitle you to any claim for loss or damage incurred nor do they change the liabilities you have under the section " Things you must do".

You will also be able to request changes to the service day however we may not be able to facilitate this due to the geographical service areas we operate in on particular days. We will do our best to get you what you need but it's not always possible to satisfy everyone.

Suspension - We do not like to talk of such things, however, according to our legal eagles, we must.

In the event of you failing to pay amounts due prior to service provision and every month thereafter, or are in default of your obligations under our agreement we may at our discretion rely on our common law remedies and/or, upon immediate written notice to you, suspend the performance of our obligations under this agreement until all arrears or charges have been paid and/or any other defaults have been rectified.

Suspension as described above does not mean termination of service. It simply means you won't get the service you requested until everything is cleared up.

If we are in the position of having to suspend your service, this does not mean you are entitled to terminate the service stating performance or any other issue. This is merely to allow time to find a solution to the problem.

Issue Resolution

By working closely with selected waste disposal vendors, we are in the position to offer you a great service and excellent prices. They work to our standards that ensure you the high quality service you deserve.

However, realistically, issues and errors will occur due to unforeseen circumstances from snow and floods, to staffing issues. We have put in place processes to minimise these issues and will give you as much notice as possible if they are going to occur, and keep you in the loop as they are resolved.

Unfortunately we cannot manage what we don't know. We need your feedback to ensure any problems you experience are dealt with to your satisfaction. For this reason it will be your responsibility to let us know when issues and errors arise. This can be done by accessing your Anenta account via vector.anenta.com or by giving us a call on 03301 222 143

The Waste

You agree to ensure that only the waste types specified in your Anenta account are disposed of in the containment (bins) provided. The waste types will always be visible to you in your Anenta account under the title "Services".

You agree to conform with all duties applicable to you under all or any law, statutory guidance, circular, code, standard or resolution of any regulatory body, court or agency in respect of the waste to the extent that they have legal effect or are enforceable at any time in the past, present or future.

For the avoidance of doubt this shall include the duties laid down in the Environmental Protection Act 1990 and the Environment Act 1995.

We will advise you on all matters pertaining to the legislative requirements as part of this agreement so to effect the Duty of Care requirements per section 34 of the Environmental Protection Act 1990 (as per clause 5.5).

You need to ensure the waste is appropriately segregated so as to conform with the "waste hierarchy". Simply put, only dispose of waste in bins designed for that waste type, for example, do not put general waste into a recycling bin or visa versa. Failure to do this will increase costs and could expose you to legal recourse.

Where contamination of the specified waste occurs, we may charge you and amount equal to any additional cost suffered by us from failure to observe and comply with segregation requirements. You agree that we are not obliged to provide photographic evidence of any such contamination.

Specific information about what you can and cannot place in the containers will be provided to you upon confirmation of the service. This information will be available in your Anenta account and will be subject to change according to the prevailing legal requirements at any time.

We are required to ensure that all Hazardous Waste produced by your activity (per the specification) and subsequently collected, is suitably treated based on the risks associated with no detrimental effect to the environment.

Where Hazardous Waste is collected, Hazardous Waste Consignment Note (HWCN) charges will apply. Again these will be identified in your Anenta account. You agree to pay all such charges.

To ensure we dispense our obligations to you with respect to any hazardous waste, you will be required to complete a pre-acceptance audit in accordance with the Environmental Permitting Regulations 2010 and associated amendments to date. This will be available to complete in your Anenta account.

Termination and Damages

Again we don't like these bits but they have to be said for your and our protection:

You may notify us of your intention to terminate at any time. The termination period is 3 months (remembering that there is a minimum 12 month service contract period). Should notice to terminate be given at the end of month 12 the service will continue until the end of month 15. This is unlike other industry contracts that give you a small termination window, sometimes of only a few days!

Anenta may immediately terminate this agreement at any time by written notice, in the event of:

You being in arrears of any payment notwithstanding clauses listed in Charges and Payments
You being in breach of the terms and conditions or privacy policy
You making or proposing to make any voluntary arrangement with your creditors, being the subject of an administration order or being the subject of any bankruptcy petition or order or winding up petition or order or convening a meeting for its voluntary liquidation; or
You causing or unreasonably allowing a health and safety risk to arise which are not present on any risk assessment which may be carried out by us or our vendors prior to the service contracts start date.

In such circumstances Anenta Ltd shall be entitled to claim liquidated and ascertained damages from the you the "Client" equivalent to the Charges (at the agreed rates of this agreement) that would have been payable under this Agreement if this Agreement had continued for the entire 12 month period.

You will give Anenta reasonable opportunity to remedy any issues you may experience prior to considering any termination notice

You may immediately terminate this agreement at any time by written notice to us in the event that we do not live up to your expectations (within the scope of these terms and conditions). We will try to remedy any issues you have with us but, ultimately, we will respect your choice.

Early termination by you would entitle Anenta claim liquidated and ascertained damages equal to 50% of the remaining value payable for 12-month period following the date of receipt of written notice.

Otherwise you will need to give 3 months notice as described above.

Additional Provisions

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 provisions in question shall not be affected thereby and shall remain in full force and effect.

Any notice required to be given by you under these terms and conditions must be in writing and served on us by you and shall not be deemed served unless proof or receipt by an authorised officer is produced.

No term or provision found within these terms and conditions shall be considered as waived by us or you the client unless a waiver is given in writing by either Anenta or us.

Any reference to any law, regulation or order shall include any re-enactment, amendment or modification thereto.

No term of these terms and conditions of service is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to these terms and conditions of service and nor linked as an additional user within the Anenta account.

These terms and conditions of service shall be governed by the laws of England and the courts of England and Wales shall have exclusive jurisdiction

Glossary of Terms:

The "Client" - is the company, partnership, LLP, trade or business from whom we have agreed to provide the Service in accordance with the these terms and conditions (referred to as you and your shall be interpreted accordingly).

"We" - is Anenta Ltd inclusive of any preferred supplier chosen to perform the service (referred to as Anenta, us, our chosen supplier, preferred supplier shall be interpreted accordingly)

Services - defined as a transaction relating to a specific waste type. The services offered are broken down by the specific waste types which you request Anenta to manage, collect and dispose of.

Specification - The particulars of any service engagement with Anenta including; item quantity collection frequency, containment type and estimated price.

Service Frequency - period of time between collections. These are typically weekly, fortnightly, monthly and quarterly depending on the waste type (Service)

Collection schedule - The dates of collection for each service. This supports and provides evidence of meeting the service frequency. These can be changed by Anenta should there be service disruption or the client can request a change should the schedule not be suitable to their needs.

Anenta account - The online system deployed by Anenta to support customers and our staff in the management of the services. The system provides a platform to manage all communications, complaints, service requirements and payment. It also holds all data received to ensure Anenta are meeting the requirements set by the client.

Billed in arrears - client is sent an invoice at the end of the month after services have already been carried out.

Pay in advance – means you are paying for services in advance of us conducting this service. The charge is based on what you requested us to do for you, with any variation (increased quantities or frequencies) being adjusted for the following months invoicing cycle

Pre-acceptance audit - a form used to both assess the composition of waste a site produces and to inform the waste contractor responsible for the collections of these details. This must be completed by all clinical waste producers.

Duty of Care - a term referring to the statutory responsibilities of individuals and organisations in a given situation.

Direct Services Contract - Contract for services paid for by the client directly to Anenta Ltd.

Waste Types - Hazardous waste (clinical waste),Pharmaceutical, general/mixed recycling, offensive, confidential.

General/Residual/Domestic waste - Non-recyclable waste products that are usually disposed of in black bags.

Mixed Recycling - waste items that can be recovered and recycled e.g. cardboard, paper, some plastics

Confidential Waste - Documents containing private/sensitive/identifiable information that needs to be destroyed to prevent exposure to and conforms to data protection requirements i.e. shredded. Certificates of destruction will be supplied.

Clinical waste - Waste that could potentially be hazardous, this can include medicines, sharps, soiled dressings and anything that may contain drugs, human tissue and blood. Full definition can be found in the Controlled Waste Regulations 1992/2012.

Offensive waste - EWC Code 18 01 04 or EWC Code 18 02 03 is non-infectious but considered offensive due to a malodorous smell and/or the presence of bodily fluids or identifiable healthcare waste.

Amalgam waste - EWC Code 18 01 10. Dental amalgam and mercury including spent and out-of-date capsules, excess mixed amalgam and contents of amalgam separators. Safety of Waste Management donates colour coding containment as White.

Imaging - Chemicals used in the image development process for x-rays where digital x-rays are not used. These include items such as;

X Ray Fixer, EWC Code 09 01 04
X Ray Developer EWC Code 09 01 01.
Lead Foil - EWC Code EWC 15 01 04.
X-Ray Film - EWC Code 09 01 07

Requirements for disposal are classified as recovery or treatment. Safe Management of Healthcare waste v.2.0 stipulates colour coding as white for any containment used to store this waste type

Pharmaceutical waste : EWC Code 18 01 09 - unused, out of date or contaminated pharmaceutical products, vaccines, drugs, or other products that require specialist disposal.

Sharps - EWC Code 18 01 03. Items capable of causing either puncture wounds or cuts; including needles, hypodermic needles, scalpels, speculums, infusion sets and broken glass.

Orange Bag - EWC Code 18 01 03. Clinical waste bags used to dispose of potentially infectious Category A infectious substances which is typically sent to specialised waste facilities for 'alternative treatment'. This waste type can also be incinerated should the need arise.

Yellow bag - clinical waste bags used to dispose of infectious waste that requires incineration where the waste is known to have a Category A infectious substance.