1. About these terms
These terms are provided by ODESSALUX LTD, company number 14661091, registered office 99 Bishops Road, Peterborough, Cambridgeshire, PE1 5AS (“ODESSALUX”, “we”, “us”). They apply to non-hazardous waste collection, clearance and road freight services accepted by us.
If a written quotation, service schedule or booking confirmation conflicts with these terms, the specifically agreed written term normally takes priority for that job. Nothing in these terms removes rights that cannot lawfully be excluded, including applicable consumer rights.
2. Enquiries and quotations
A website form, email, message or telephone discussion is an enquiry only. Website price cards are indicative guides and are not binding offers.
Quotations rely on the information provided, including item type, volume, weight, photographs, collection and delivery postcodes, floors, lifts, parking, loading distance, time restrictions and required labour. Unless stated otherwise, a quotation is valid for 14 days and may be withdrawn before acceptance.
We may decline any request, including where a load appears unsafe, prohibited, inaccurately described, beyond capacity, unlawful or unsuitable for the available vehicle, route or facility.
3. Booking and contract acceptance
A contract is formed only when we issue written confirmation that accepts the booking, identifies the service and confirms the price or pricing basis. An automated acknowledgement that a form was received is not booking acceptance.
You must check the confirmation promptly and tell us about errors. Dates and time windows are not guaranteed unless expressly stated as guaranteed in writing.
4. Customer responsibilities
You agree to:
- provide complete and accurate information and promptly disclose changes;
- have authority to instruct us and to release the items or waste;
- ensure lawful, safe and reasonable access, including parking or permits where needed;
- identify heavy, sharp, fragile, valuable, contaminated or unusually difficult items;
- keep children, pets and other persons away from working and vehicle areas;
- protect floors, walls and property where ordinary movement could cause marking, unless protective work is expressly included; and
- be present or provide an authorised contact unless a written unattended arrangement has been accepted.
5. Non-hazardous waste collection
We accept only waste or items specifically agreed in the booking. You must not include hazardous or specialist-controlled materials. Examples of excluded material include asbestos, clinical or infectious waste, chemicals, solvents, oils, fuels, gas cylinders, explosives, radioactive material, pesticides, unidentified liquids or powders and contaminated materials.
Other items, including refrigeration equipment, tyres, mattresses, plasterboard, batteries, electrical equipment, paint, dense soil, rubble or concrete, may be excluded or separately priced. You must identify them before acceptance.
If a required waste transfer note or equivalent document applies, both parties must provide accurate information and cooperate with signing and record keeping. Ownership and responsibility for accepted waste transfer as required by law and the agreed service arrangements; rejected items remain the customer’s responsibility.
We may stop loading or remove items from the accepted load if prohibited or materially misdescribed material is discovered. Reasonable attendance, waiting, handling or cancellation charges may apply.
6. Road freight and delivery
The customer is responsible for suitable packaging, accurate descriptions, lawful contents, correct collection and delivery details and any necessary handling instructions. Unless expressly agreed, we do not provide specialist packing, installation, assembly, lifting equipment, customs services, temperature control or carriage of dangerous goods.
We may refuse goods that are prohibited, inadequately packed, unsafe, excessively heavy, not as described or likely to damage persons, vehicles or other property. The quotation may include limits on size, weight, waiting time, mileage and stops.
Delivery may be made to a person or location reasonably appearing authorised at the stated address. Additional attempts, storage, waiting or return journeys caused by unavailable access or recipients may be charged.
7. Prices, VAT and payment
Prices may be fixed or calculated by time, mileage, capacity, weight, labour, disposal charges, waiting time or another stated basis. VAT is added where legally applicable unless the written quotation states it is included.
Payment timing and accepted methods are stated in the booking confirmation. We may require a deposit or payment before dispatch. Late business payments may attract statutory interest and recovery costs where the law permits.
8. Changes, extra work and inaccurate descriptions
If the actual job differs materially from the accepted information, we may:
- offer a revised price or scope before continuing;
- complete only the originally accepted portion;
- reschedule where a different vehicle, team, facility or route is required; or
- cancel or refuse the affected work where it cannot safely or lawfully proceed.
No extra work is required unless it is agreed. Where immediate safety or legal action is necessary, reasonable resulting costs may be charged.
9. Cancellation and consumer rights
9.1 Consumer customers
If you are a consumer and the contract is made at a distance or away from our business premises, you may have a statutory 14-day cancellation period for certain services, starting the day after the contract is made. Exceptions can apply, including to some transport services or services tied to a specific date or period.
If you expressly ask us to begin during a cancellation period, you may have to pay a proportionate amount for work completed before cancellation. If the service is fully performed during the cancellation period after your express request and acknowledgement, the cancellation right may be lost where the law allows.
9.2 Operational cancellation charges
Outside any non-excludable statutory right, the booking confirmation may set reasonable cancellation or rescheduling charges reflecting reserved capacity, dispatch, labour, third-party charges and losses that cannot reasonably be avoided. We will take reasonable steps to reduce avoidable loss.
9.3 Our cancellation
We may cancel or suspend for safety, illegality, non-payment, material misinformation, prohibited contents, unavailable access, vehicle failure, severe weather or events beyond reasonable control. Where we cancel for reasons not caused by you, amounts paid for unperformed services will normally be refunded.
10. Delay, access and events outside control
Traffic, road closures, facility queues, weather, breakdowns and earlier jobs can affect arrival times. We will use reasonable efforts to communicate material delays. Unless expressly guaranteed, time is not of the essence.
You are responsible for parking permissions, safe access and reasonable loading distance. Waiting time or an aborted visit may be charged where work cannot proceed because the agreed access, customer representative or load is unavailable.
11. Liability
Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited.
For consumers, we are responsible for foreseeable loss caused by our breach or failure to use reasonable care and skill. We are not responsible for business losses suffered by a consumer.
For business customers, subject to the paragraph above, our total aggregate liability arising from a job is limited to the greater of the charges paid or payable for that job and £1,000, except where a higher limit is expressly agreed in writing. We are not liable to a business customer for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings.
We are not responsible for pre-existing damage, inherent defects, inadequate packaging, ordinary minor marking during agreed movement through tight access, or loss caused by inaccurate instructions. Claims should be notified promptly with reasonable evidence so they can be investigated.
12. Complaints
Service complaints should be emailed to hello@odessalux.co.uk with the booking reference, date, issue and requested resolution. Data protection complaints follow the separate Data Protection Complaints Procedure.
13. Governing law
These terms and each contract are governed by the law of England and Wales. Consumers may bring proceedings in the courts that have jurisdiction under applicable consumer law. Business customers submit to the exclusive jurisdiction of the courts of England and Wales.
If a provision is invalid or unenforceable, the remaining provisions continue. A delay in enforcing a right is not a waiver. No person other than the parties has a right to enforce the contract under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated.