Terms & Conditions for Waste & Recycling Collections

From 1 April 2008

• North Norfolk District Council or its nominated contractor undertake:

To service the waste in a proper and efficient manner subject to the following conditions contained in these Terms of Service:

To comply with all special site conditions and safe working procedures notified to and acknowledged in writing by NNDC on the acknowledgement of order in accordance with the obligations of the Customer under the Health and Safety at Work etc. Act 1974.

NNDC undertake to keep the charges fixed for the 12 month period from 1st April to 31st March, but reserves the right to increase the charges at any time providing not less than one month's notice in writing is given.

• The Customer undertakes:

That the waste is properly described in the acknowledgment of order and is not notifiable under the Hazardous Waste Regulations (2005) (i.e.Hazardous) and will at all times correspond in all material respects with that description.

In accordance with Control of Pollution Regulations (1980) and the Environmental Protection Act, Section 34 (1990), the description of the waste forms an integral part of the Contract and any changes to the details must be notified to NNDC immediately by the customer. The customer must complete the relevant duty of care waste transfer note upon request.

The customer agrees to pay NNDC the charges due within 30 days of the date of the invoice, unless payment by instalments has been agreed with their Sundry Debtor's Section on 01253 516112. Failure to pay all
charges on the due date may lead to withdrawal of the service. Reinstatement of such service will be at the Authority's discretion.

That the constituents of the waste shall be compatible and stable and no hazard will arise through the mixing of such constituents. The contractor's equipment will not be overloaded or improperly loaded. No explosive, poisonous or polluting substances will be placed therein.

This contract may be terminated by the customer by providing not less than one months written notice to Environmental Health, North Norfolk District Council, Holt Road, Cromer, NR27 9EN.

• Safety

The customer shall provide a suitable and safe means of vehicular access for the servicing of the waste.

The customer shall be wholly responsible for the safety of all persons (including the employees and agents of the contractor) entering within the curtilage of the customer's premises.

The customer shall bear all risks involved in connection with siting, loading and use of the equipment, servicing of the waste at the customer's premises and failure to comply with any of the customer's obligation in these Terms of Service.

The customer shall indemnify NNDC against all proceedings and claims for any loss, damage, personal injury or loss of life arising from any of the Customer's undertakings and obligations under this Contract howsoever caused except where the customer can affirmatively establish that the circumstances giving rise to the same were solely attributable to the negligence or wilful act or default of NNDC or any of its employees or agents.

• Responsibility for Property

NNDC shall not be responsible for any property (including personal effects) deposited by the customer or any other person in the waste or the equipment and shall not be bound to return the same nor be liable for any loss or damage thereto.

• Servicing of Waste

NNDC will endeavour to service the waste as requested unless delayed or prevented from doing so by circumstances beyond its reasonable control. The Contractor shall not be liable to the customer or to any third party
for any direct or consequential loss caused by any delays in the performance of it's obligations. However, the contractor will notify the customer of any reason for non collection of waste. If he fails to do so, and should the waste not be collected and the customer notifies NNDC by 5:00pm on the day of collection, the Contractors will collect it by 5:00pm the next working day. If the Contractor fails to collect within that time a payment may be made of £25.00 per day until the waste is cleared (Terms and Conditions apply).

The missed collection must comply with the description in the Duty of Care. The term "missed collection" does not include incidents where the Contractor cannot gain safe access to the refuse or where the collection has been re-scheduled.

The Contractor will notify the customer of any permanent change of schedule, whether due to re-scheduling of the round or other reason. Customers are advised to note the re-scheduling carried out due to Bank Holidays and arrange for access as appropriate.

• Responsibility for Equipment (i.e Eurobin)

The customer shall not bury anything in the equipment nor place any marking on nor sublet or part with possession of any equipment and shall be responsible to the contractor for any loss or damage to the equipment (other than ordinary wear and tear) and for the cost of repairs and expenses resulting in the customer's failure to take reasonable care of the same.

Where the equipment is placed (whether by the Contractor on the customer's instructions or otherwise) on the highway (whether public or private) or any public place the customer shall be absolutely responsible therefore and for the siting and lighting thereof and for obtaining all necessary permission and licences (including those under the Highways Act) and for ensuring observance of the terms and conditions thereof.

The equipment provided shall at all times remain the property of the contractor, but the customer shall ensure that it is appropriately sited and is properly treated.

• Application of Terms

In cases where the customer has accepted NNDC's formal quotation for servicing the waste the servicing shall be subject to such Quotation and the Terms of Service endorsed thereon.

Subject thereto and the waste and its servicing not being hazardous these Terms of Service apply together with the acknowledgment of order and supersede all other written and verbal agreements, arrangements and representations made at any time between the parties and any conflicting terms or purchase or order sought to be imposed by the customer. No other terms, conditions or warranties expressed or implied shall be of any effect whatsoever unless in writing and signed by or on behalf of the customer and NNDC in each case by a duly authorised representative.

The waste does not include any waste foods that contain any categories 1, 2 or 3 animal by-products that should be collected by a specialist collector by transporter for rendering / incineration / composting / biogas digestion / animal feed, as described in the Animal By-products Regulations 2005.

Farms, manufacturing, and retail/wholesale premises are the type of premises this may affect. If you are unsure about this please contact Norfolk County Council Trading Standards Farming Team on 01603 224400.

NB If your waste is hazardous or its servicing involves hazard our Terms of Service do not apply.

• General

Both sacks and Eurobins must be available from 7.00a.m. on the day of collection, unless specific arrangements have been made.

No liquid waste must be put into the containers/sacks.

Only waste identified in the duty of care note may be placed in the container/bag. Equipment containing CFC (i.e. freezers/refrigerators) cannot be collected as part of the standard collection service.

• Sacks

The sacks must be tied at the neck to prevent refuse from spilling out of the sack. The sack must not be too heavy, i.e. less than 25 kilos. A separate charge is made for bulky and heavy items, which must be prebooked by telephoning our Environmental Health Administration team on 01263 516189. Quantities of bulky cardboard can be collected in bundles (each equivalent in volume to one trade sack) provided it is securely tied and wrapped with a commercial refuse sack.

All refuse must be presented in the specially marked commercial refuse sacks for the current year.

If the premises has been treated as a "mixed premises" by the District Valuer, only refuse from the domestic element may be placed in the free 240 litre wheeled bin. Any commercial waste must be paid for, either by paying for an additional emptying of the 240 litre wheeled bin or by placing in additional commercial waste sacks, purchased from North Norfolk District Council. Black sacks will not be collected from "mixed premises" even if they contain the domestic element waste.

• Eurobins

Only refuse within the Eurobin will be collected. No refuse around the Eurobin or on top of it will be collected unless it is in the specially marked commercial sacks for the current year, or you have agreed to its removal by signing the approved Authorisation sheet. An invoice will then be sent for the collection.

The lid must be kept shut to prevent refuse blowing out from the Eurobin.

If the Eurobin is hired and is stolen or damaged by vandals, our Contractors will be requested to replace the Eurobin, but you will be sent an invoice for the cost of the replacement Eurobin for which we would suggest you make an Insurance Claim.

If the Eurobin is damaged by the vehicle when being emptied this must be reported to this office within 24 hours of the incident by telephoning our Environmental Health Administration team on 01263 516189.

Where any single item of waste is, in the contractors reasonable opinion, too large or heavy to be placed in the collection vehicle without risk to the equipment, it will be refused collection.

• Recycling

Only those materials notified as recyclable (currently clean paper, cardboard, cans and plastic bottles) can be presented for recycling collection. The Authority can amend the materials to be collected by attaching a written notice on the container, or advising the client in writing. Please note that if the recycling materials are heavily contaminated with other waste, the container will not be emptied and you will be required to pay the full commercial waste rate to have the container emptied. If you wish this waste to be collected the charge will be as set out for the collection of Solid Commercial Refuse or Solid Prescribed Refuse.

If the container is lightly contaminated, (or emptied in error) on the first occasion the container will be collected, but the offending material may be removed and left on your premises. You will also be issued with a yellow warning notice.

Should you continue to present contaminated recyclables, the recyclables will not be collected and you will be issued with a cancellation notice (Red Card). If you wish this waste to be collected the charge will be as set out for the collection of Solid Commercial Refuse or Solid Prescribed Refuse, after which the container will be removed and the service withdrawn.

Recycling collections will be at a frequency as agreed with the Authority, initially a fortnightly restriction may be applied until such time as the recycling service is economically and environmentally viable to operate throughout the area.