Supplier agreement

1. How the arrangement works

Box 4 quotes the establishment, invoices the establishment and pays the Supplier. The Supplier collects, transports and arranges treatment or disposal of the waste under its own registrations and permits. Box 4 does not transport, hold or treat waste, and does not take possession of it.

The Supplier is an independent contractor. Nothing in this agreement makes either party the other's partner, agent or employee. The Supplier must not describe itself as a partner of Box 4, or use Box 4's name or brand, without written agreement.

The agreement gives no promise of any volume of work, and no exclusivity in either direction.

2. What the Supplier must hold

Throughout this agreement, the Supplier must hold, and keep valid:

• a current waste carrier registration at the tier required, with each regulator required for the work it accepts
• permits, exemptions or authorisations for any site it operates, or a contract with a suitable permitted site for the waste it accepts
• whatever is required under ADR for the carriage of dangerous goods, including a dangerous goods safety adviser where required, and suitably trained staff
• public liability, employer's liability, and environmental impairment or pollution insurance, with minimum cover of [TO CONFIRM]

The Supplier must give Box 4 evidence of these before its first job and again on any renewal, and keep its expiry dates up to date in the supplier portal. It must tell Box 4 straight away if any of them lapses, is suspended or is revoked, or if it is subject to enforcement action by a regulator.

Box 4 may stop offering work if evidence is missing or has expired.

3. Price requests

Box 4 may send the Supplier a price request for a job, with an itemised list, waste codes, the site postcode and access notes. The Supplier may price or decline it. A price must state how long it remains valid and what it includes, such as lab packs, call-out, packaging, documentation and disposal. Once the Supplier has given a price and Box 4 has confirmed the job, the price is binding, unless the waste differs materially from what was described. If it does, the Supplier must tell Box 4 before it does any additional work.

Box 4 sets the establishment's price independently. The Supplier's price is confidential between it and Box 4.

4. Carrying out a job

For each job the Supplier must:

• attend on the agreed date, with staff who are competent for the waste
• comply with site rules and access notes, and be especially careful around students, patients and the public
• check the waste and Parts A and B of the consignment note before accepting it
• complete its part of the note correctly, and take the waste only to the destination on the note, which must be authorised to accept it
• not mix wastes except as lawfully permitted
• refuse to move anything it considers unsafe, and tell Box 4 at once
• notify Box 4 at once of any spill, injury, near miss, rejected load, regulatory enquiry or complaint connected with the job

The Supplier keeps all of its own legal duties. These include its duty of care and the consignment rules that apply in each nation, such as the requirement in England for carriers to keep records for one year. Box 4 does not take over these duties.

5. Documents

The Supplier must upload the signed consignment note and proof of disposal to the supplier portal without delay after the job, and any consignee return when it is received. Box 4 may hold payment for a job until these are supplied. If a document is incomplete or wrong, the Supplier must help put that right.

The Supplier must keep any other documents the law requires, and give Box 4 copies on request, including those Box 4 is asked to hold as a broker.

6. Payment

The Supplier invoices Box 4 for each completed job at the agreed price, plus VAT if chargeable. Box 4 pays by BACS within [TO CONFIRM] days of a valid invoice being received, once the documents in clause 5 have been supplied. Box 4's obligation to pay is not conditional on the establishment having paid Box 4. [TO CONFIRM with solicitor.]

The Supplier must not invoice or take payment from the establishment for a job arranged by Box 4. Any extra work must be agreed with Box 4 first.

7. Dealing with establishments

Box 4 manages the relationship with the establishment. The Supplier may contact it to arrange access and carry out the job, and must give the details the law requires on the consignment note. Otherwise it must refer commercial questions to Box 4.

During this agreement and for [TO CONFIRM] months after a job, the Supplier must not solicit an establishment it met through Box 4 for work of the same kind. [TO CONFIRM with solicitor.]

8. Being named

Box 4 does not publish a Supplier's name on its website without the Supplier's written agreement. The carrier and consignee are shown to the establishment on the consignment note and related documents, as the law requires.

9. Performance

Box 4 may keep a performance record for the Supplier, based on matters such as response to price requests, attendance on agreed dates, document returns and complaints. It may use that record when deciding where to offer work.

10. Confidentiality and data protection

Each party must keep the other's confidential information private, and use it only for this agreement, except where the law or a regulator requires disclosure.

The Supplier will receive personal data, such as site contact details and names on notes. Each party acts as an independent controller of the personal data it handles for a job. The Supplier must use this data only for the job and its legal records, keep it secure, and comply with UK data protection law. Portal users' data is covered by our privacy notice. [TO CONFIRM with solicitor.]

11. Liability and insurance

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.

The Supplier is responsible for the waste, its staff and its vehicles from the time it takes the waste until the waste is delivered to the consignee, and it must compensate Box 4 for losses, claims, fines and clean-up costs caused by a breach of this agreement or of waste law. Neither party is liable to the other for loss of profit or for indirect loss. Any limit on the Supplier's or Box 4's liability is [TO CONFIRM].

12. Subcontracting

The Supplier must not subcontract collection, transport or disposal without Box 4's written agreement, and remains responsible for anyone it uses.

13. Term and ending

This agreement starts when the Supplier accepts it and continues until either party gives [TO CONFIRM] days' written notice. Box 4 may end it at once if any item in clause 2 lapses, if the Supplier breaches waste law or if it seriously breaches this agreement. Jobs already confirmed are completed unless a party has a right to stop them. Clauses that are meant to continue, such as those on documents, confidentiality and liability, survive the end of the agreement.

14. General

Box 4 may update this agreement by giving notice in the supplier portal. The change applies to jobs accepted after the notice. If part of this agreement is unenforceable, the rest continues. Nobody other than the two parties has rights under it. It is governed by the law of England and Wales, and its courts have jurisdiction. [TO CONFIRM with solicitor.]