Terms & Conditions

Legal information

Inciner8 Limited

Inciner8 Limited is a registered company limited by guarantee, (registered company number 04866401).

Registered office: Canning Road Industrial Estate, Southport, Merseyside, PR9 7SN

VAT Number: GB 855999544

Inciner8 Limited (company number 04866401) and their trading and other associated companies are dedicated to improving waste solutions.

Terms and conditions

These terms and conditions apply to Inciner8 Limited, and its trading and other associated companies where applicable (together “Inciner8 Limited”).

1. Please read these terms carefully before using this website (“Site”). Your use of this Site constitutes acceptance of these terms and conditions, which take effect on the first day of use of this Site.

2. Inciner8 Limited reserves the right to change these terms and conditions by posting the changes online. Your continued use of this Site after changes are posted constitutes your acceptance of this agreement as modified.

3. These terms and conditions apply to any site under the control of Inciner8 Limited and from which a link has been created to these terms and conditions.

4. Copyright in the material is owned by Inciner8 Limited, its National Partners and/or its content suppliers. Inciner8 Limited and its National Partners have made every effort to gain copyright for all written material on this Site. Any person who owns the copyright for material published on this Site, please contact us.

5. Unauthorised use of the material including reproduction, storage, modification, distribution or publication without the prior written consent of Inciner8 Limited and its National Partners or, where applicable, the respective copyright owner(s) is prohibited. Documents (including information, images, photos, logos, names and icons without the prior written permission of the copyright holders on this Site may not be downloaded, altered or adapted for any purpose except for personal, non-commercial use. Should Inciner8 Limited and/or its National Partners receive any complaint with regard to third party material on this Site, it will review the matter and remove material at its sole discretion. Inciner8 Limited and/or its National Partners will have no further liability to either party in such instance.

6. Materials on this Site are provided for the purposes of information or reporting only and should not be relied upon. Independent advice should be sought on financial, legal and medical matters.

7. A license is required to use Intellectual Property of Inciner8 Limited including the name and logo. Inciner8 Limited shall consider such requests at its sole discretion. To request a license contact us

8. Links to third party websites on this Site are provided solely as a convenience to you. Inciner8 Limited are NOT responsible for the contents or the reliability of linked third-party websites, either to or from the Inciner8 Limited Site, and does not necessarily endorse the views expressed within them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk. Any website wanting to create a link to the Inciner8 Site, or to request a link to be created to them, must contact us

9. If there is a conflict between these Terms and Conditions and/or specific terms of use appearing on this Site relating to specific material then the latter shall prevail.

10. You agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights of, restrict, or inhibit the use and enjoyment of this Site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive material or disruption of normal flow of dialogue within this Site.

11. Unless otherwise requested, by posting messages on any Inciner8 Limited discussion board you are granting a license to Inciner8 Limited to reproduce these comments on any other part of the Site and in any other publications.

12. Where you are able to submit any contribution to this Site you agree, by submitting your contribution, to grant Inciner8 Limited a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant Inciner8 Limited the rights set out above, please do not submit your contribution to Inciner8 Limited.

13. By submitting your contribution to Inciner8 Limited you warrant that your contribution is your own original work and that you have the right to make it available to Inciner8 Limited for any or all of the purposes specified above. Furthermore, you warrant your contribution is not defamatory, does not infringe any law, you indemnify Inciner8 Limited against all legal fees, damages and other expenses that may be incurred by Inciner8 Limited as a result of your breach of the above warranty and waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.

14. Inciner8 Limited has the right to remove any material or posting you make on this Site at its discretion.

15. If these Terms and Conditions are not accepted in full, the use of this Site must be terminated immediately.

16. Inciner8 Limited do not accept liability for any damages whatsoever, including, without limitation, indirect or consequential damages, loss of profits, or any damages whatsoever arising out of, or in connection with the use or loss of use of this Site.

17. While Inciner8 Limited endeavors to ensure that the Site is available 24 hours a day, this is not guaranteed. Inciner8 Limited does not warrant that the functions contained in the material in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs. Inciner8 Limited may make changes to the materials on this Site, or to the information, products and prices described in them, at any time without notice. The materials on this Site may be out of date, and Inciner8 Limited make no commitment to update the Materials on this Site.

18. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.

19. Any questions regarding the Site can be addressed by contacting us

20. These Terms and Conditions relate to the use of the website www.inciner8.com and do not form any part of the terms and conditions of sale which will be provided at the stage of quotation.

TERMS AND CONDITIONS OF SALE

The Product

1. The price which the Buyer shall pay to the Seller for the Product shall be the total amount payable as per the attached proforma order form number: {DocumentNumber} (“Purchase Price”). The Seller shall deliver the Product to the Buyer (freight inclusive).

2. The Buyer shall effect payment for the product as per the Payment Terms of the attached proforma order form number: NUMBER. On readiness for delivery the Buyer shall ensure full and final payment is made, unless other Payment Terms have been agreed and specified on the proforma invoice. For the avoidance of doubt “readiness for delivery” means the Product is available for despatch or customer collection. The Product will not be released until the Purchase Price has been paid and cleared funds have been acknowledged by the Seller. Time of payment shall be of the essence.

3. The Buyer must take all reasonable steps to ensure that payment is made to the Seller’s correct and valid bank account, which shall include but shall not be limited to, checking the details verbally and/or by telephone before any transfer of monies is made. The Buyer agrees to be responsible for payments being made correctly and to take all appropriate security steps so as to ensure that payment reaches the Seller. The Buyer shall ensure that it uses a failsafe check for all financial and sensitive data disclosed between Seller and Buyer.

4. If the Buyer fails to make payment of the Purchase Price the Seller shall have no further obligation to the Buyer with respect to the Product, and the Seller shall be free to dispose of the Product in any manner satisfactory to the Seller without liability or obligation to the Buyer, which shall include the right to recover the Product from the Buyer’s premises.

5. The Product will be ready for delivery to the Buyer in accordance with the Lead Time for Shipment specified on the proforma invoice, which is a delivery date estimate only and the Seller cannot guarantee that the proposed date will be achieved. Any delay in achieving this date, due to the Buyer or a third party, shall entitle the Seller to make a storage charge of £250 (GBP) per week in respect of storage of the Product pending a new delivery date and, at its discretion, a statutory interest rate of 8% above Bank of England base rate per annum (calculated daily) of order value. The Seller shall use its reasonable endeavours to meet the delivery date set out above but in the event that it is unable to do so for whatever reason, the Seller shall not be liable for any costs incurred (whether foreseeable or not) including late delivery charges.

6. The Seller reserves the right to pass on any charges incurred by it including any additional engineers time above and beyond what was planned for at the installation where there is a failure by the Buyer to follow the Seller’s instructions, or where there is a delay to install the Product caused by the Buyer or its servant or agent. It is the responsibility of the Buyer to ensure that the premises are ready for the Product on or before the delivery date and the Buyer agrees to reimburse the Seller for all losses incurred as a result any such delay.

7. The Buyer shall provide suitable representative(s) to liaise with the Seller during the production, installation of the Product and training process. The Buyer shall provide safe and easy access to the site where the Product is to be situated so as to allow the Seller to carry out the installation and training visits in a safe environment for its engineers at all times. The Buyer must ensure the delivery and installation points are accessible, free from obstruction and protected from detrimental weather. A dedicated, uninterrupted electrical supply and cabling must be allocated for the Product at a voltage and frequency specified by us in advance. Backup electricity generation is always recommended as a safety measure.

8. The Buyer agrees to follow the Sellers instructions (whether verbal or in writing) upon delivery and installation in terms of the set-up of the Product before it is first used by the Buyer. In particular, the Buyer agrees to follow the curing process at installation in accordance with its guidelines otherwise the warranty provided by the Seller shall be void.

9. The Seller shall not be responsible for any third party costs incurred by the Buyer in respect of any installation requirements for the Product including but not limited to gas or electrical installations and civil works. Such costs are for the Buyer only.

10. The Seller shall not be liable for any failure to perform where such failure has been occasioned in whole or in part by curtailment of production or supply, difficulty in obtaining materials, fuel, machinery, or any commodity used in production or processing, by fire, embargo, strike, differences with workmen, failure to secure materials from usual sources of supply, warfare, guerrilla action, hostilities or armed aggression of any kind regardless of whether war may be declared or undeclared, inclement weather, acts of god, or any circumstances beyond the Seller's control which shall prevent the Seller from fulfilling any obligation hereunder (a force majeure situation).

11. The Seller warrants to the Buyer that the Product will conform to any express written warranty given by the Seller to the Buyer. The terms of warranty are attached at the Annex to this Contract of Sale.

12. The Product is not designed to handle any other waste stream other than specified in the proforma invoice or sales quotation and such waste shall immediately VOID the warranty. The Buyer must ensure that all instructions (whether in writing or verbal) are followed at all times with regards to the processing of waste and the amounts processed with the defined limits set out in the instructions. Any changes to the standard specifications of the Product must be agreed in advance between the Seller and Buyer and dated and confirmed in writing and signed off by an authorised signatory of the Buyer and Seller.

13. The Seller does not warrant any burn rates, fuel usage, running temperatures and emissions data advertised or previously communicated to the Buyer. Burn rates and fuel consumption rates are indicative only and subject to change depending on waste mix, calorific value, moisture content, atmospheric conditions and operator knowledge. Supplied performance data can be up to 50% different during real-world operation.

14. Where shipping is arranged by the Seller, the Seller shall bear all risk of loss and/or damage to the Product until the Seller obtains written confirmation of delivery either from the Buyer (which the Buyer may not unreasonably withhold or delay) or the freight carrier after which the risk of loss and/or damage, passes to the Buyer. The Buyer shall arrange at its sole cost and expense for such insurance, if any, as it wishes to put in place for the Product.

15. If the Buyer is in any way dissatisfied in any respect with the Product or wishes to assert any claims with respect to the Product, the Buyer shall give the Seller written notice of such claim within three (3) days after the Product has been delivered to the Buyer, and the Buyer shall (where necessary) segregate the Product and afford a period of not less than thirty (30) days following the date of delivery in which the Seller will be given an opportunity to examine and conduct all such inspections, investigations, and testing of the Product as the Seller desires (hereinafter the "Inspection Opportunity"). In no event shall any claim of the Buyer be allowed after the Product has been used, altered, reprocessed, or otherwise changed and the Seller shall have no liability to Buyer whatsoever with respect to the Product. Any failure to make any such written claim within three (3) day period or any failure to give Seller the Inspection Opportunity as stated shall constitute irrevocable acceptance of Product and full and final discharge, release, and termination of all Buyer's claims respecting or relating to such Product.

16. In no event shall the Seller be liable for costs of supplying substitute products, loss of profits, or special, incidental, indirect, consequential damages, business losses, or other similar claims, however caused, even if the Seller has been specifically advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of any remedy.

17. In the event of any liability arising, except for personal injury or death, the Seller's liability shall be limited to an amount not in excess of the Purchase Price, but excluding parts, labour, installation and carriage costs.

18. Except for the Buyer's right to resell the Product containing the trade name, trade mark and/or logo of the Seller, no right to the use of any trade name, trade mark or logo of the Seller passes to the Buyer under this Agreement. The Buyer agrees to refrain, both directly and indirectly, from using any of the Seller's trade names or trademarks or logos unless and to the extent otherwise expressly authorised and confirmed in writing.

19. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing addressed to the parties at the addresses above stated, and shall be deemed to have been duly given if delivered by hand or mailed, by certified or registered mail, with postage prepaid or if sent by email.

20. The Buyer agrees to allow the Seller access without cost, to the Product for future marketing, public relations, customer visits and technical information gathering, including but not limited to case studies, photography and scientific/product testing. The nature and details of the Buyer will be kept confidential, unless agreed in writing by the Buyer.

21. The Product must be routinely serviced at least every six (6) to twelve (12) months. No maintenance or servicing package has been supplied as part of this sale and as such the Buyer acknowledges that, outside of the standard one (1) year warranty, the Seller will provide no other support for the Product. The Seller can quote for a range of maintenance and servicing packages to cover annual servicing, through to consumable replacements and emergency call-outs.

22. The Buyers may opt for a remote monitoring service but must provide a dedicated, weatherproof ethernet cable with permanent broadband internet access to the Product control panel. The Seller accepts no responsibility for data usage charges, malicious use, viruses or data breaches as a result of this add on service.

23. The Seller shall have no obligation to accept returns. If the Seller accepts a proposed return of the Product, prior written approval will consist of a letter of authorisation delivered to the Buyer by the Seller.

24. This Agreement contains the entire Agreement between the parties, and it cancels, supersedes, and terminates any and all prior oral or written agreements or communications between them relating to the subject matter hereof, including but not limited to any and all contracts with or concerning ‘Inciner8’. There are no understandings, agreements, promises, covenants, arrangements, expectations, communications, representations or warranties, whether oral or written, except as expressly provided herein.

25. Waiver by the Seller of the operation of any provision of this Agreement or of any breach by the Buyer shall not constitute a continuing waiver, and the Seller shall always retain the right to insist upon the operation of all provisions hereof and to enforce its rights with respect to any subsequent breach.

26. This contract shall be governed by and construed in accordance with the laws of England and Wales. If any term/condition or other provision of this Agreement is now or hereafter becomes invalid, unlawful, or incapable of being enforced by reason of any rule of law or public policy, all other conditions and provisions of this Agreement which can be given effect without the invalid, unlawful, or unenforceable provision shall, nevertheless, remain in full force and effect, unless such invalidity, unlawfulness, or unenforceability materially and adversely affects the essence of this Agreement.

27. Any dispute arising shall be referred in writing to a senior manager of Inciner8 who shall endeavour to resolve the dispute within 7 days of being notified of the details. The parties shall co-operate in trying to find a resolution. If the matter is not resolved within 7 days then it can be referred by the Buyer to a Director of Inciner8 who will review the matter within a further 7 days in order to try to resolve matters to the Buyers reasonable satisfaction. If the parties cannot resolve the dispute within the above timeframe then the Buyer shall refer the matter to mediation prior to any proceedings being commenced. The parties shall endeavour to agree a Mediator and if not agreed within 7 days of notification then the Buyer can refer the matter to CEDR for appointment of a Mediator. Mediation costs shall be borne equally by each side. Any non-payments by the Buyer are excluded from this alternative dispute process.

28. The Seller, including its agents and sub-contractors, shall be compliant with General Data Protection Regulations 2018 and data principles and agrees to manage and utilise data provided by the Buyer in accordance with such provisions.

ANNEX

A. Warranty


The Seller warrants to the Buyer one (1) year or one thousand (1,000) hours of operation (whichever is soonest) from date of delivery of the Product the following warranty:

1.1. The Seller will repair or replace at its expense and its sole discretion any Product found to be defective in workmanship or material. The Seller will not repair, replace or refund the Product if a claim is made against burn rates or environmental performance. Burn rates and fuel consumption rates are indicative only and subject to change depending on waste mix and calorific value.

1.2. If a problem or defect occurs with the Product then the Buyer shall promptly contact the Seller within 48 hours of knowledge of the problem or defect giving the Seller sufficient detailed information to enable a resolution of the problem. The cost of delivery and installation of said parts are not covered under this warranty.

1.3 The Product nor any part thereof may be returned by the Buyer to the Seller pursuant to this warranty without first receiving specific written permission to do so from the Seller. All requests should be addressed to the Seller, requesting specific authority for returning the Product or any parts with specific reasons for the request.

B. Limitations

1. Products which are abused or neglected in any way are not covered under this warranty, including but not limited to damage during delivery or customer installation, overfilling/overheating units, or covering burner outlets. The warranty will be void if any excessive chemical reactions occur due to large volumes of highly flammable and or explosive waste materials.

2. The Buyer must ensure that the correct level of care and maintenance must be applied to the refractory lining and the basic burn procedure guide must be followed at all times.

3. This warranty shall be void through any operator misuse, overfilling, overheating units or if solvents or other highly inflammable fluids such as but not limited to benzene, methyl ethyl, ketenes, toluene, xylene or naphtha are burned in or mixed with oil for burning in used oil fired burning heaters or furnaces. The Seller shall not be liable for any undertaking, representation, or warranty made by any dealer, distribution, or other persons, beyond those expressly set forth in this warranty.

4. The Seller shall not be responsible for the costs of removal or reinstallation of the Products and shall not be liable for transportation costs to and from the Buyer’s premises. The Seller shall not be liable for replacement, repair or refund of component parts that are not manufactured by it.

5. Failure to properly cure the refractory lining will immediately void the warranty, as will damage to the refractory lining through improper use of the auto-loading mechanism, for example, running the unit too hot, overfilling the unit and burning waste streams not intended for the Product.

6. Use of any parts for modification or repair of the Product or any component not authorised or supplied by the Seller shall void the warranty.

7. Any implied warranties of satisfactory quality and fitness for a particular purpose are limited to the same period of time as this express limited one (1) year warranty.

8. The following items are not covered under this warranty:

  • i. Nozzles (burner)
  • ii. Fire rope
  • iii.Temperature probe
  • iv. Hydraulic seals and hoses.

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