Form

Definition of waste service charging agreement

Updated 11 July 2024

Applies to England

Before you read this charging agreement you will have:

• submitted your data and information to us
• paid the interim fee
• read and accepted the accompanying terms

1. Interpretation

1.1 Words defined in the terms shall have the same meaning in this charging agreement.

2. The agreement

2.1 The parties’ agreement is made up of all the following documents (in order of priority in the case of conflict):

(a) our letter setting out our estimated costs to provide our definition of waste service (the ‘cost estimate’)

(b) this charging agreement

(c) our terms for using the definition of waste service to request an opinion (the ‘terms’)

(d) our published charges, available in the guidance on how to use the definition of waste service

(e) your written acceptance of this agreement

(f) your submission

(together the ‘agreement’)

2.2 The agreement is the whole agreement between the parties in respect of the provision of definition of waste service and supersedes all previous communications, representations and agreements, whether written or oral.

2.3 The agreement is subject to the law of England and, subject to paragraph 8.1, to the exclusive jurisdiction of the English courts.

2.4 If any part of this agreement is or becomes unlawful or unenforceable it shall be deemed deleted but that shall not affect the validity of the remainder of this agreement and the parties shall negotiate in good faith to agree an alternative provision that, to the greatest extent possible, achieves the same intended result.

3. Costs of our service

3.1 You shall pay all reasonable costs and expenses we incur in providing our definition of waste service. This may include costs to obtain additional input from external organisations if we consider such input necessary.

3.2 We will charge you for each hour or part hour of staff time (subject to a minimum of half an hour) incurred in providing our definition of waste service. Our current hourly rates are published in the guidance on how to use the definition of waste service. Our hourly rates are quoted exclusive of VAT or any similar taxes, which shall be payable by you in respect of our charges.

3.3 We will tell you in advance of any exceedance in our cost estimate during our work. We will provide a revised cost estimate in writing.

3.4 You must tell us if you disagree with any revised costs estimate given under paragraph 3.3 and why as soon as possible, and in any event not later than 14 days after you receive it.

3.5 You may terminate this agreement on the basis that our revised costs estimate given under paragraph 3.3 is not acceptable, in accordance with section 6.

3.6 We will send you invoices monthly for the work we have carried out. You must pay all invoices within 30 days of the date of issue.

4. What you will do

4.1 You will provide us with the information we request as being necessary for us to make the assessment (including, but not limited to reports, risk-assessments, data, information and models), and provide such support as we may reasonably require to carry out our assessments.

4.2 You will provide us with the information we request within the timescales we agree with you (and in the absence of a specified period, within a reasonable time).

5. What we will do

5.1 We will provide you with our definition of waste service in accordance with this agreement.

5.2 We will begin work from the date we receive your written acceptance of this agreement and, unless terminated earlier under section 6, the agreement shall continue in force until you have paid in full our final invoice for the provision of our opinion.

5.3 We will use reasonable endeavours to provide our opinion within a reasonable time. We will give you regular updates on progress and provide timescales where possible, but we cannot guarantee to meet any timescales we provide.

5.4 We will only provide you our opinion once you have paid in full our final invoice for the provision of our opinion.

6. Termination and suspension

6.1 Our obligations to you under this agreement may be suspended because of any event which is beyond our reasonable control and which means we cannot carry out the work.

6.2 Either party (the ‘notifying party’) may terminate this agreement by either:

(a) at any time, giving the other party not less than 14 daysʹ written notice of its intention to terminate (except that we will not unreasonably terminate this agreement)

(b) giving the other party written notice with immediate effect if the other party (the ‘defaulting party’) materially breaches this agreement and if any of the following apply:

(i) the defaulting party has not remedied, or commenced and is diligently proceeding to remedy the breach, to the reasonable satisfaction of the notifying party within 14 days of service of a written notice specifying the breach and requesting it to be remedied

(ii) the breach is not capable of remedy

(iii) the breach is a fundamental breach of this agreement

(iv) the defaulting party becomes insolvent, is declared bankrupt, has a receiver appointed, enters into an arrangement with its creditors, or an order is made or a resolution passed for its winding up except where it is for the purpose of restructuring and the resulting institution agrees to be bound by this agreement

6.3 If at the time the agreement is terminated we have any outstanding costs which would otherwise have been payable under section 3 or any costs (including contingent costs) in relation to contracts with third parties which cannot be immediately terminated, you shall pay any such costs.

6.4 All provisions which would be required to survive this agreement in order to have their intended effect shall be deemed to survive termination.

6.5 Without limiting our other rights or remedies, we may suspend work under this agreement if any of the following apply:

(a) you fail (and without good reason) to adhere to timescales we agree with you under paragraph 4.2

(b) you become, or threaten to become, subject to any of the events listed in paragraph 6.2(b)(iv)

(c) you fail to pay any sums you owe to us as they fall due, whether arising under this agreement or otherwise

(d) we reasonably believe that you are about to default on paying any sums you owe to us as they fall due, whether arising under this agreement or otherwise

And we shall not be required to recommence our assessment or provide our opinion unless and until such matter has been finally resolved to our reasonable satisfaction.

7. Disclaimer

7.1 Neither party excludes or limits liability to the other for death or personal injury caused by its negligence or for any breach of any obligations which it is not permissible to exclude by law.

7.2 Subject to paragraph 7.1, we shall not be held liable in contract, negligence or otherwise for the consequences of you following or relying upon comments or views given by us or any acts, omissions, events or circumstances relating to this agreement or with respect to the matters contemplated by it.

8. Dispute resolution

8.1 Any dispute between the parties arising out of this agreement shall first be referred to your management and our Environment and Business manager responsible for the definition of waste service for resolution before any court proceedings are taken by either party. This shall not prevent either party from applying to the court for injunctive relief.

9. Contacting us and complaints

9.1 If you wish to contact us please email dowservices@environment-agency.gov.uk

9.2 If you would like to make a complaint you can follow the Environment Agency’s complaints procedure. We aim to inform you of the outcome of our review of any complaint within 10 working days. If we are unable to respond within these timescales we will let you know. Please also review the Environment Agency customer service commitment.

10. Variations

10.1 We may, at our complete discretion, revise the terms, the charging agreement and our published charges at any time.

10.2 We will notify you of any revisions and provide you with a copy of any revised documents. If you are unhappy with any revision you may terminate this agreement in accordance with section 6.