Terms & Conditions – EHFAAZ

Terms & Conditions

GENERAL TERMS AND CONDITIONS for waste destruction and recycling services

  • 1. These Terms
    • 1.1 These are the terms and conditions on which we supply services to you.
    • 1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

  • 2. Information about us and how to contact us
    • 2.1 We are Al Wakeel Recycling FZ-LLC, a limited liability Company established in Dubai, United Arab Emirates. Our company registration number is ______ trading as EHFAAZ with offices at DSP WAREHOUSE COMPLEX BLOCK C14, DUBAI SCIENCE PARK – AL BARSHA SOUTH, DUBAI 500767 AE.
    • 2.2 You can contact us by calling our customer service team on 9714583650 or by writing to us at info@ehfaaz.ae  or www.ehfaaz.ae.
    • 2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

  • 3. Definitions
    • 3.1 “the Agreement” means the agreement set out below between the Company and the Customer for the supply of Services and which incorporate these General Terms and Conditions.
    • 3.2 “the Company” means Al Wakeel Recycling FZ-LLC trading as EHFAAZ. 
    • 3.3 “the Customer” mean you, the customer.
    • 3.4 “Charges” means the fee specified.
    • 3.5 “Destruction Certificate” a certificate issued by the company within 10 days of receipt of an order certifying that the materials have been destroyed as in clause 5.4.
    • 3.6 “Materials” means all wastes, goods or products presented by the Customer for destruction and/or recycling as part of the Services.
    • 3.7 “Services” means the services as described more fully at clause 5. 
    • 3.8 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  • 4. Whole Contract
    • 4.1 These General Terms and Conditions apply to all Services provided to the Customer by the Company during the duration of the Agreement.
    • 4.2 No other terms and conditions referred to by the Customer or contained in any order, letter of acceptance or other document prepared by the Customer shall apply to the Agreement. 
    • 4.3 The terms of the Agreement shall not be waived or amended except by written agreement between the Company and the Customer stating that such amendment is intended. No person other than the agreement signatory or other officer duly authorized in writing by the Company for this purpose has authority to agree any such amendment on behalf of the Company.

  • 5. The Services and Duration
    • 5.1 The Services shall commence a day after payment in accordance with the invoice , and  include: 
      • 5.1.1 Receipt of materials which are deemed as waste by the customer for destruction in an environmentally compliant way, and conversion to usable renewable material.
      • 5.1.2 Weighing and counting of the number of parcels delivered 
      • 5.1.3 Sorting and destruction of your waste goods
      • 5.1.4 Issuance of a Destruction certificate with 10 days of commencement
      • 5.1.5 conversion of your waste into final output 
    • 5.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • 5.3 If we are unable to accept your order or if after accepting your order we are unable to fulfill all aspects of it, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products or services, or because we are unable to collect and destroy your goods within a reasonable time, such timing to be determined at our discretion.
    • 5.4. The customer shall endeavor to provide a representative to witness all the stages of the destruction of the waste, failure to do which, shall absolve the company from any liability whatsoever with regards to any loss the customer may incur as a result of the actions or Inactions of the Company or any of its agents and representatives.
    • 5.5 The company shall issue the customer with a destruction certificate after 10 working days from the date of receipt of the materials for destruction. The destruction certificate represents a complete assurance from the company that the destruction level has passed through such preliminary levels that it is destroyed, but not necessarily at its optimal output of conversion to the new resource, which shall be completed within 21 days. 

  • 6. Charges
    • 6.1 Unless otherwise stated all quotations and charges for Services are expressed inclusive of Value Added Tax.
    • 6.2 The Company shall be entitled at any time and from time to time to adjust the charges specified in the Agreement to reflect: 
      • 6.2.1 any increase or reduction in destruction/baling/recycling costs occurring after the date hereof where the charges for the Services include charges for such costs;
      • 6.2.2 where the Customer requires additional services to be performed by the Company that are not included in the current Agreement; or
      • 6.2.3 the Customer alters other material aspects of the Contract arrangements or matters material to the provision of the Services by giving to the Company not less than 21 days’ prior notice in writing.

  • 7. Invoicing and Payment 
    • 7.1 The Company shall not provide any Services to the Customer (including the dispatch of the destruction certificate) until payment in full has been received for the Services. 

  • 8. Title and Risk
    • 8.1 Title to the destroyed materials shall pass to us once we have dispatched your destruction certificate, and received payment in full.
    • 8.2 The Customer shall be entitled to monitor every process of the destruction of the materials, and accepts all liability for failure to provide a representative to monitor the process. 
    • 8.3 The Company only has responsibility to weigh and count the number of parcels delivered to it, and will not accept liability for Materials that turn out to not conform with the packing list supplied by the customer. The company reserves the right to reject such packing list, or go ahead with the destruction, with or without notifying the customer.
    •  8.4. The company shall not be liable for any missing product delivered to its location for destruction, unless the materials are counted and catalogued, with clear identifying markers in the presence of both parties. 

  • 9. Materials
    • 9.1 The Customer agrees that the Company is only obliged to provide the Services in relation to the processing of materials for destruction and subsequent recycling.
    • 9.2 In the event that non-conforming waste is received (ie. dangerous or hazardous materials or waste other than approved Materials), the Company will contact the Customer to inform them and agree the method of disposal. The Company reserves the right to levy a surcharge on receipt of non-conforming waste (whether general, special or clinical waste), and the Customer accepts its responsibility to pay such surcharge, to cover the costs of appropriate disposal.
    • 9.3 Where non-conforming materials are identified, the Company reserves the right to defer destruction until the non-conforming material is removed by the Customer or agreement is reached with the Customer for its disposal upon payment of a surcharge. Should any disposal not be agreed, or where the Customer is unable to be contacted, or should the Customer not remove such non-conforming material within two weeks of being notified, the Company shall deliver the waste to the Customer’s address.

  • 10. Liability 
    • 10.1 The following provisions set out the Company’s entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the Customer in respect of any breach of its contractual obligations arising under this Agreement and any representation, statement or tortious act or omission, including negligence, arising under or in connection with this Agreement.
    • 10.2 The Company shall in no circumstances be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss of profit, business contracts, revenues or anticipated savings or for any special, indirect or consequential loss whatsoever.
    • 10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
    • 10.4 If notwithstanding the provisions of this Clause 10, the Company shall by reason of any negligence or breach of contract or statutory duty by it incur any liability to the Customer greater than that for which provision is made herein, the amount of loss or damage recoverable from the Company shall be limited to the price of the Services issued in respect of such order PROVIDED ALWAYS that if such liability is specifically covered by and indemnified against under the terms of the Company’s insurance policy, the Company’s liability shall be limited to the extent of the indemnity provided under such policy at such time. Should for any reason whatsoever the insurer not admit or accept liability in respect of any claim under the said policy, the Company shall have no liability whatsoever to the Customer as per the terms and conditions of any such insurance policy to the same extent as if it were the insured party and without limiting the generality of such acknowledgement shall notify any claim to the insurer within the time limits imposed by the said policy for the notification of claims.

  • 11. Force Majeure 
    • 11.1 For the purposes of this Agreement, the expression “Force Majeure” shall mean any cause affecting the performance by the Company of its obligations arising from acts, events, omissions, occurrences or non-occurrences beyond its reasonable control including (but without limitation to) governmental regulations, fire, flood or any disaster or other insurable risk, act of God, act of war, breakdown of machinery or an industrial dispute affecting a third party for which a substitute third party is not reasonably available.
    • 11.2 The Company shall have no liability to the Customer for any loss of any kind whatsoever, whether directly or indirectly caused to or incurred by reason of any failure or delay in the performance of its obligations under this Agreement which is due to Force Majeure.
    • 11.3 If the Company becomes aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part, it shall notify the Customer by the most expeditious method available and shall inform the Customer of the period during which it is estimated that such failure or delay shall continue.

  • 12. Dispute Resolution Procedure
    • 12.1 The Company and the Customer shall use their reasonable endeavors to resolve promptly by negotiation any complaints or problems arising out of this Agreement. Any unresolved problems shall first be referred to the appropriate representatives of the Company and of the Customer, who shall meet as often as they deem necessary and shall attempt to resolve the issue expediently.
    • 12.2 Save where expressly agreed otherwise, if the dispute has not been resolved 14 days after the first meeting between the nominated representative of the Company and of the Customer, then the dispute shall be referred promptly for resolution to neutral relevant authority for mediation.

  • 13. Indemnity
    • 13.1 The Customer agrees to indemnify the Company from and against all demands, claims, liabilities, losses, damages, costs and expenses whatsoever and from and against all actions and proceedings which may be commenced, taken or made against the Company arising out of or in connection with i) any failure by the Customer to comply with these terms and conditions; ii) any breach of data protection laws or any other relevant laws; iii) any claim by a third party that the Customer has infringed any intellectual property rights or other rights of that third party in connection with the operation of this Agreement. 

  • 14. Termination
    • 14.1 The Company may terminate this Agreement forthwith upon giving notice in writing to the Customer if the Customer shall fail to pay any sum due under the terms of the Agreement and which sum remains unpaid for 7 days after written notice from the Company that such sum has not been paid.
    • 14.2 Either party may terminate this Agreement forthwith upon giving notice to the other if: 
      • 14.2.1 the other commits any material breach of any term of this Agreement (other than failure by the Customer to make any payment hereunder in which event the provisions of sub-clause 14.1 above shall apply) and (in the case of any other breach capable of being remedied) shall have failed within 30 days after receipt of such a request in writing from the other party so to do to remedy the breach; or

  • 15. Assignment 
    • 15.1 The Company shall have the right to assign its rights and obligations under this Agreement to any holding or subsidiary company of the Company or any subsidiary of the Company’s holding company.

  • 16. Governing Law and Jurisdiction
    • 16.1 All disputes arising in respect of this Agreement or out of the supply of the Services shall be governed by UAE law and shall be subject to the jurisdiction of UAE Courts.
    • 16.2 Each provision of this Agreement shall be construed as an independent provision applying and surviving even if for any reason one or more of the said provisions is held unenforceable in any circumstances.