Commercial Waste and Recycling Collection Service - Terms and Conditions
North Norfolk District Council (NNDC) or their nominated contractor(s) 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.
To keep the charges fixed for a 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 is given, in writing.
The Customer undertakes:
That the waste is properly described in the application form/duty of care documentation and is not notifiable under the Hazardous Waste Regulations (2005) and will at all times, correspond in all material respects with that description.
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.
In accordance with the 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.
Payment for Service
The cost of the service is invoiced in advance for the financial year up to end of March. The customer agrees to pay NNDC the charges due, within 28 days of the date of the invoice, unless payment by instalments by Direct Debit has been agreed.
Failure to pay all charges on the due date, or to keep up with any agreed instalment payments, may lead to withdrawal of the service and removal of any bins provided. Reinstatement of such service will be at NNDC’s discretion. A bin delivery charge of £20.00 per container and an administration charge of £40.00 may be levied on any customer whose bins are removed following non-payment for the service and are subsequently redelivered once the required payment has been made.
This contract may be terminated by the customer, by providing not less than one month's written notice via email to: email@example.com or to Environmental Services, North Norfolk District Council, Holt Road, Cromer, NR27 9EN. Similarly any changes to the required service must be made in writing.
Health and 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.
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 and Reporting Missed Collections
NNDC will endeavour to service the waste as requested, unless delayed or prevented from doing so by circumstances beyond its reasonable control. NNDC 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 its obligations.
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.
Any missed collections must be reported within 5 working days of the due collection date. NNDC will not generally instruct the contractor to return to empty any bins reported as missed outside of this timescale and no refunds will be issued in these circumstances.
Suspected missed collections should be reported to our Customer Services team on 0300 123 1163. Genuine missed bins will be collected as soon as possible after they are reported, generally within one working day. Please note that the contractor will not be required to return to empty a bin or collect sacks, which they have recorded as:
- Not at the correct/agreed collection point
You will still be charged for any such attempted collections and be required to rectify the problem before the crew will collect the waste, at the next scheduled collection date.
Contaminated recycling bins will not be emptied. The customer will be notified of the issue and the bin will not be collected until the next collection is due and the contamination is removed. It is the responsibility of the customer to sort the contents of the bin and remove contamination. No refunds will be issued in these circumstances.
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
Any equipment hired to the customer shall at all times, remain the property of NNDC, but the customer shall ensure that it is appropriately sited and is properly treated.
The customer shall not bury anything in the equipment, nor place any marking on, nor sublet or part with possession with any equipment hired to the customer by NNDC.
The customers shall be responsible to NNDC 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 equipment.
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 for the siting and for obtaining all necessary permission and licences (including those under the Highways Act) and for ensuring observance of the terms and conditions of any agreement entered into.
Application of Terms
By making an application to NNDC to have commercial waste and / or recycling collected, the customer agrees that on acceptance of the application, a binding contract will be formed and to pay the appropriate charges.
In making an application, the customer is deemed to have read and accepted the full terms and conditions of the service. Subject thereto and the waste and its servicing not being hazardous, these terms and conditions apply 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.
Both sacks and bins must be available from 7.00am on the day of collection, unless specific arrangements have been made.
No liquid waste must be put into the bin(s)/sacks.
Only waste identified in the Duty of Care document may be placed in the bin(s)/sacks. Equipment containing CFC (i.e. fridges/freezers) cannot be collected as part of the standard collection service. A separate service is available for bulky and heavy items, which must be pre-booked.
Sacks must be tied at the neck to prevent refuse from spilling out. The sack must not be too heavy, i.e. less than 25kg. A separate service is available for bulky and heavy items, which must be pre-booked. For sack collection customers, quantities of bulky cardboard can be collected in bundles (each equivalent in volume to one sack), provided it is securely tied and wrapped with a commercial waste/recycling sack.
Sack customers must present all residual waste/recycling in the specially marked commercial waste/recycling sacks for the current year. Waste in non-conforming sacks will not be collected.
Only waste/recycling contained within the bin(s) will be collected. No waste/recycling around the bin(s) or left on top will be collected, unless it is in the specially marked commercial waste/recycling 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.
Bin lids must be kept shut, to prevent refuse blowing out from the bin(s).
Any bin that is deemed to be overweight and is therefore, unsafe to handle or empty, will not be emptied by the collection crew. In such cases the crew will not return to empty the bin and it shall be the responsibility of the customer to ensure that the weight of the bin is reduced prior to the next scheduled empty.
If a bin is hired and is stolen or damaged by vandals, our Contractors will be requested to replace the bin, but the customer will be invoiced for the cost of the replacement bin.
If a bin is damaged by the collection vehicle when being emptied, this must be reported within 24 hours of the incident by telephoning our Customer Services Team on 0300 123 1163.
Where any single item of waste is, in the contractor’s reasonable opinion, too large, heavy or dangerous to be placed in the collection vehicle without risk to the equipment, it will be not be collected.
Only those materials notified as recyclable (currently clean paper, cardboard, steel and aluminium cans, empty aerosols, plastic bottles, glass bottles and jars, plastic food pots, tubs and trays, food and drink cartons and clean kitchen foil and foil trays) 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.
All recyclable material must be placed loose in the bin and should not be compacted in any way.
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 residual waste collection rate, to have the container emptied if the contamination is not removed.
These terms and conditions were updated on 15 February 2017 and apply immediately to any customer who applies for the service from that date. For customers who already held a contract with NNDC for Commercial Waste and Recycling Collections as at 15 February 2017, these terms and conditions apply from 1 April 2017.
Last updated: 12th October 2017