Are these supplier's contractual terms enforceable?

We have a contract for clinical waste disposal that we signed on 5 December 2006 referring to multiple waste transfers between 5/12/06 and 4/12/07 "The relevant period". The price was fixed for 12 months until 4/12/07.

There is a term in the contract as follows -

The supplier undertakes with its customer to Service the Waste from the Customers premises for a period of 12 months, 24 months or 36 months (herinafter called the Relevant Period) and every successive period of 12 months, 24 months and 36 months thereafter respectively unless terminated at the end of any such period of written notice recieved by registered, special, recorded delivery not less than three months before the end of any such period or from PHS All Clear at any time in the case of breach by the customer or in the event of the customer making a Voluntary Arrangement, bankrupt..... The Relevant Period is set-out in the accompanying Waste Transfer Note and Contract.

We wish to terminate this contract as it is vastly overpriced but we would appear to have missed the opportunity to do so until December 2008. We have not had any correspondence from PHS to renew the terms of the contract but they have increased the price significantly. There is a term that states that "the supplier reserves the right to subsequently increase the price , notice of which will be given to the customer at the earliest reasonable opportunity after such change is effected".

We would like to change supplier but are prevented from doing so by a further clause " The customer agrees that all detailed waste shall be collected exclusively by the supplier."

Are there any grounds on which we can terminate this contract which is several thousand pounds more than competitors and do you have any advice on our options here?



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Charlie Cattell is a specialist in legal and governance matters relating to social enterprises, charities and voluntary organisations, assisting a wide range of groups with legal structures, organisational management, and regulatory issues.