PAS100 Contract of Supply

This page contains product information, and terms and conditions of purchase, made available to trade customers as required by PAS100 and the Compost Quality Protocol.

Product Details

Product type: Soil conditioner

Intended market use: Landscaping, agriculture and horticulture

Derived from: Plant derived wastes

Compost independently certified compliant: This product conforms to PAS 100:2018 and the EA & WRAP Compost Quality Protocol (2012 edition)

Terms & Conditions of Use

1. The Customer shall not blend the Compost with any waste material. If at any stage after completion of the composting process the Compost is mixed with waste, then the mixture becomes a waste and is regulated as such. If it appears that the compost is being stored indefinitely with little prospect of use, it will revert to being a waste. In the aforesaid circumstances the Customer shall comply and be responsible for all waste management controls accordingly and Veolia shall not be liable for the Compost or any blended material comprising the Compost. Veolia shall not be liable for the Compost or any other consequences or events arising in or out of the following events:

1.1 The Customer makes any further use of such Compost after giving notice to Veolia that the Compost is defective

1.2 The defect arises because the Customer failed to follow Veolia’s oral or written instructions as to the storage, use and maintenance of the Compost or (if there are none) good trade practice regarding the same;

1.3 The defect arises as a result of Veolia following any drawing, design or specification supplied by the Customer;

1.4 the Customer alters the composition of the Compost in any way without the written consent of Veolia;

1.5 The defect arises as a result of negligence, or abnormal storage of the Compost; or

1.6 The presence of any materials including but not limited to those referred to in clause 7.1 (whether such presence is caused by further blending of the Compost with other material by the Customer or as a result of transportation methods used to transport the Compost by or on behalf of the Customer).

2. The Compost shall not be sold or distributed for use, or used in any markets other than specified in the ‘Intended market use’ box above. The Customer shall take full account of and be fully liable for any environmental impact resulting from the use of the Compost.

3. The Customer is responsible for ensuring that the Compost is stored, handled and used as per Appendix F of the Compost Quality Protocol 2012 which is available upon request from the compost producer and downloadable from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297215/geho0812bwpl-e-e.pdf. The Customer is also responsible for ensuring that the compost is stored, handled and used in accordance with any instruction provided by Veolia.

4. For agriculture and soil grown horticulture applications the Customer shall consult an appropriate advisor regarding the appropriate rate, extent, depth and timing of Compost application for each field. The Customer shall use the Compost in accordance with the FACTS report, or equivalent specific recommendations for use. The Customer shall comply with all requirements set in section 4.4 and Appendices E and H of the Quality Compost Protocol. The Customer shall also ensure that all land restoration applications of the Compost must are in compliance with an appropriate site restoration management plan.

5. ABP-derived composts

5.1 The Regulation (EC) No. 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption prohibits the application of compost and digestion residues made from composted animal by-products to pasture land. Part 2 7.(1) of the national Regulations specifies that pasture land is land that is intended to be used for grazing or cropping for feeding stuffs following the application of compost or digestion residues within:
(a) two months (for pigs); and
(b) three weeks (for other farmed animals).

5.2 The Customer shall not graze or allow to be grazed the relevant land to which the Compost is applied during the aforementioned periods and the Customer shall also not carry out or allow to be carried out any cropping for feeding during the said period.

5.3 The Customer shall comply fully with Annex VIII Chapter IV Section 4 and shall therefore keep full records (for a period of at least two years):

5.3.1 The date on which any compost (including the Compost) is brought onto the relevant land;
5.3.2 The quantity (tonnes/m3) and description of compost or biogas residues brought onto the relevant land,
5.3.3 The land (including details of each field, or part field, to which all compost is applied) to which the Compost is applied and the corresponding date of application)
5.3.4 The date on which ruminant animals, pigs or birds (other than wild birds) first have access to the land after application or the date on which the relevant land referred to in clause 5.3.3) is first cropped; whichever is the sooner.

6. Storage, transport and spreading of the Compost

6.1 The Customer shall store the Compost in in a cool and dry place. If the Customer intends to cover the Compost to prevent contamination by wind- blown weed seeds and minimise gradual change in biological and chemical characteristics, then it shall use a gas-permeable cover only.

6.2 The Customer shall transport the Compost along routes that are planned to minimise disturbance to households where possible.

6.3 The Customer shall store the Compost with due regard for the environment and away from watercourses, boreholes, neighbours, footpaths, bridleways and other sensitive receptors.

6.4 The Customer shall only apply the Compost to the relevant land when the wind direction causes minimum disturbance, and where applicable the Compost shall be turned under the soil as soon as possible.

7. Safe Handling

7.1 The Customer acknowledges and accepts that Veolia has used every effort to supply Compost that does not contain materials including but not limited to germs, sharp fragments, toxins, toxic substances, viable seeds or regenerative plant parts, glass or plastic.

7.2 Veolia provides no warranty that the materials referred to in clause 7.1 will never be present in the Compost.

7.3 The Compost contains naturally-occurring micro-organisms, some of which may be harmful to human health if basic safety precautions are not taken. The Customer shall therefore:

7.3.1 Wear or ensure that all its relevant staff, agents and contractors wear gloves when handling the Compost.

7.3.2 Wash his or her hands or ensure that the individuals referred to in clause 7.3.1 wash their hands immediately after using handling or coming into any contact (directly or indirectly) with the Compost.

7.3.3 Avoid eating any of the Compost (and shall ensure that the individuals referred to in clause 7.3.1 also avoid eating any of the Compost),

7.3.4 Avoid inhaling any airborne dust, water vapour or microscopic particles that may arise when handling the Compost and shall take all protective measures to prevent such inhalation (either directly by the Customer or by the individuals referred to in clause 7.3.1).

7.4 The Customer shall ensure that the precautions referred to in clause 7.3 are taken by all operators of machines which are designed and used in the handling of the Compost (including but not limited to as those used for sieving/screening, blending with other materials or spreading).

8. Liability and Risk

8.1 If this compost is not stored, handled and/or used as instructed pursuant to these terms and conditions, Veolia shall not be liable for any costs, claims, liabilities, damages, consequential losses, or other expenses (including, but not limited to any action taken by any regulatory or other competent authority pursuant to any European Union or national laws (including common laws), statutes, directives, regulations, orders, decrees, decisions, directions, guidance or best practices relating to waste and the handling, storage, treatment, recovery and disposal of waste, arising out of such misuse). Nothing in this agreement shall limit or exclude the liability of either the Customer or Veolia for:

8.1.1 Death or personal injury resulting from negligence; or
8.1.2 Fraud or fraudulent misrepresentation; or
8.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
8.1.4 Breach of section 2 of the Consumer Protection Act 1987; or

8.2 The aggregate liability of Veolia arising under or in connection with this Agreement (whether such liability arises under any indemnity (express or implied), in contract, in tort (including negligence), breach of statutory duty or otherwise) shall in any event not exceed the total sum payable by the Customer in respect of the Compost supplied or to be supplied under this agreement. The provisions of this clause shall survive the expiry or termination of this agreement.

8.3 For the avoidance of doubt Veolia shall not be liable to the Customer (whether under or in connection with this agreement) for any

8.3.1 Loss of profit, loss of income, loss of revenues, loss of business opportunity; or
8.3.1 Consequential loss, indirect loss, punitive or special damages

8.4 All risk in and responsibility for the Compost shall pass to the Customer once the Compost has left Veolia’s relevant composting site. The Customer accepts that the Compost is of a suitable quality and complies with the relevant product details specified in the specification above. The Customer also accepts that Veolia has afforded the Customer all opportunity to inspect and sample the Compost or any such equivalent material and that any samples shall be indicative only and shall not guarantee the quality of the entire consignment of the Compost.

8.5 The Customer accepts that Veolia shall not be responsible for any changes in the composition of the Compost once it has left the relevant Veolia site.