Business waste service terms and conditions

Our business waste agreement sets out the type and size of bins we will provide at the named premises, when the collection will start and the collection day and frequency of collection for general rubbish and for recycling. In addition the following terms and conditions apply to all waste and/or recyclate collections.

Charges

In return for the Council collecting the waste and/or recyclate from the Bin(s), the Customer will pay to the Council the current fees and charges.

The fees and charges are to be paid quarterly in advance by direct debit.  The first payment of the fees and charges to be made on the commencement date.

The Council shall be entitled to increase the fees and charges set out in the appendix annually to reflect any increased costs to the Council in providing the service.

Customer responsibilities

The Customer shall use the Bin(s) solely for the storage of waste and/or recyclate as appropriate, arising from the Premises.

The Customer shall not permit any third party (other than the Council’s appointed contractor(s)) to collect the waste/recyclate from the Bins. 

The Customer shall not sell or in any way part possession of the Bin(s), use them for any other purpose than the storage of waste and/or recyclate or allow them to be used by any other person or at any other premises.

The Customer shall on 1 April in each year throughout the period of the agreement complete a ‘Duty of Care Waste Transfer Note’ using the Environment Agency’s online facilities and in accordance with the guidance provided by the Council. The customer shall at its own expense keep the Bin(s) clean and, where a bin(s) is provided for recycling only, keep this uncontaminated by non-recyclable materials

The Customer shall ensure that:

  • The Council has access to the Premises at all reasonable times (collections take place between 0630 hours and 1700 hours);
  • That the Bin(s) are presented for emptying on nominated collection days in the location as outlined by the Risk Assessment;
  • Bins do not contain any hazardous waste as defined by The Hazardous Waste Regulations 2005; and
  • All bin lids are fully closed

If the Council is unable to access the Premises or the Bins are not accessible and the Customer requests a return visit then the Council shall charge a fee equivalent to the current fee for the equivalent sized bin at the time of the service.

The Customer shall indemnify the Council against:

  • The full cost of repairing or replacing the Bin(s), as the case may be, in the event of damage being caused to the Bin(s) due to the negligence of the Customer (including its employees and/or contractors) or in the event of the Bin(s) being lost or destroyed, howsoever caused; and
  • All claims in respect of any damage or injury to any person or property which may arise from the use of the Bin(s) other than such claims as may arise by reason of any negligence on the part of the Council, its officers or nominated contractor(s).

Council responsibilities

Subject to the indemnity clause above, the Council shall maintain the Bin(s) in a reasonable state of repair.

The Council may upon the request of the Customer and payment of the appropriate fee for cleaning and delivery, replace the Bin(s) with clean bin(s).

The Council may make an additional charge for the proper disposal of any non-recyclable material found in the Bin(s) provided explicitly for recyclate. Any such charge shall be equivalent to the current non-recycling trade refuse lift for the equivalent sized bin.

On termination of the agreement the Council will remove the Bin(s) from the Premises and the Customer shall pay the relevant fees and charges set out in the Appendix.

Termination

Subject to earlier termination of this agreement under clauses 20 and 21 this agreement will commence on the commencement date and will continue until determined by either the Council or the Customer serving not less than one (1) months’ notice in writing on the other.

If the Customer commits any breach of this agreement, the Council may, at its option, either terminate the agreement immediately, or serve notice on the Customer to remedy the breach within the time set out in the notice.  If the breach has not been remedied within the time set out in the notice then the Council may terminate the agreement immediately.

If the Customer:

  • Convenes any meeting of creditors or passes a resolution for its winding up or suffers a petition for winding up; or
  • Has an administrative receiver or receiver appointed over the whole or part of its assets or suffers the appointment of an administrator; or
  • Being an individual has a bankruptcy order made against him or compounds with his creditors or comes to any arrangement with his creditors,

then the Council may without prejudice to any other right or remedy and without being liable to the Customer for any loss or damage which may be occasioned give notice terminating this agreement with immediate effect.