2. Responsibilities

2.1.  The Council will provide the Service as specified in the Agreement with the Customer. 

2.2.  The Service Charges will remain fixed for the Service Term and will be reviewed and updated if needed at the anniversary of the Service Commencement Date. Any changes to Service Charges will be notified to the Customer at least 60 days before expiry of the relevant Service Term. Variations to Service Charges will not invalidate this Agreement.

2.3.  The parties agree that the Agreement will, at the expiry of each Service Term, renew automatically for a period of 12 months unless the Customer notifies the Council in writing at least 30 days before the expiry of the relevant Service Term.

2.4.  The Agreement can be terminated by the Customer before expiry of the Service Term by providing 30 days' notice to the Council. If the Customer terminates the Contract before expiry of the Service Term, the Customer will be required to pay a Receptacle retrieval charge of £8.80 per Receptacle (other than sacks) and the Administrative Charge to the Council.

2.5.  The Customer shall provide the Council with full address and information of the site that requires the Service as well as the correct billing address (if different to the address of the site requiring the Service). The Customer shall also provide company registration number, SIC code (Standard Industrial Classification code - a five-digit code registered against Customer's company name on the Companies House web page), the name of a contact person(s), a daytime telephone number and an email address.

2.6.  The Customer agrees to provide contact details for a named individual who is authorised to sign the Agreement. The Customer agrees that the nominated person will return this information at the beginning of a new or amended Agreement with the Council. Any late return may result in the Council charging the Administrative Charge and/or suspension/postponement of Service until receipt of the required information. The Customer shall not be entitled for a refund or other compensation for Service suspension or postponement.

2.7.  The Customer shall pay the Waste Transfer Note Charge to the Council and the Council will provide the Customer with a copy of the Duty of Care Waste Transfer Note, showing the Customer's SIC code, which the Customer shall retain for complying with legislation and inspection purposes.

2.8.  The Council shall only provide the Service directly to the Customer(s) under the terms of this Agreement and the Customer must notify the Council if this Service is being arranged on behalf of a third party so that alternative arrangements can be discussed if needed. Failure to notify the Council as set out in this clause will result in immediate termination of this Agreement and the Service.

2.9.  Should more than one Customer share the Agreement, the lead Customer must notify the Council of such Customers and provide the Council with required details so that the Council may issue those Customers with a Duty of Care Waste Transfer Note. Whilst the Council has no objection in principle to more than one Customer sharing an Agreement, each participating Customer will be required to pay the Council's Waste Transfer Note Charge to receive Duty of Care Waste Transfer Note from the Council.

2.10.  The Customer shall at the time of requesting a quote complete a site assessment to assist the Council and its Agent in deciding whether the Service can be provided. The Customer shall notify the Council immediately of any changes to the site assessment completed at the time of requesting a quote. Failure to accurately complete the site assessment or promptly inform the Council of any changes to the site assessment may result in non-delivery of the Service and/or termination of the Agreement. The Council will not be liable for any compensation to the Customer under such scenario.   

2.11.  The Council will provide the agreed Receptacles at least two weeks before the Service Commencement Date.

2.12.  The Customer shall present Commercial Waste for collection in Receptacles provided by the Council and at the agreed collection location by 7am on the collection day. Commercial Dry Recyclables shall be presented non-bagged in the Receptacles.

2.13.  The Receptacles shall be accessible for the Council's Agent to collect and be at a reasonable and safe distance from road access. If required, the Council or its Agent will assess and agree such suitability (or otherwise) on site and will not collect from locations that are deemed unreasonable or inaccessible by the Council or its Agent.

2.14.  Commercial Waste presented by the Customer for collection shall not weigh more than the weight limit specified in Section A of Part 2: Duty of Care Waste Transfer Note of the Agreement or contain any hazardous or bulky waste or Contamination.

2.15.  The Council reserves the right not to collect Contaminated Commercial Waste or if the weight of Commercial Waste exceeds the weight limit in the Agreement or if the Receptacles for Commercial Dry Recyclables include bagged materials. If, after collection of Commercial Waste, the Council or its Agent discovers that the Commercial Waste contained Contamination or exceeded the agreed weight limit or contained bagged materials in the Receptacle for Commercial Dry Recyclables, the Council reserves the right to make additional charges and the Customer shall pay such additional charges.

2.16.  The Council or its Agent will not collect waste other than those specified in Parts 1 and 2 of this Agreement. The Customer shall ensure that no waste other than that specified in the Agreement are presented for collection.

2.17.  The Council will only collect Commercial Waste contained in the Receptacles provided by the Council.

2.18.  All Receptacles provided by the Council will remain the Council's property. The Customer is responsible for ensuring any Receptacles in his possession against any defacement, accidental damage or loss, however caused. The Customer shall inform the Council promptly of any loss or damage to Receptacles and the Council may require the Customer to pay the full cost of replacement or repair.

2.19.  The Customer shall report missed collections and/or Service delivery faults to the Council as soon as the Customer becomes aware of them. If the missed collection is caused due to a fault by the Council or its Agent, the Council will aim to rectify the missed collection within the next working day. The term 'missed collection' does not include incidents where the Council's Agent could not gain safe access to Receptacles or where the collection has been re-scheduled or a non-collection due to presence of Contamination.

2.20.  The Council shall not be under any liability to the Customer in respect of any failure or delay by the Council or its Agent to carry out any of the obligations attributable to any cause of whatever nature outside of the Council's reasonable control.

2.21.  The Contract shall be governed by and construed in accordance with the law of England and Wales and the Customer and the Council agree to submit to the exclusive jurisdiction of the courts of England and Wales.

2.22.  The Council will comply with Data Protection Regulations and General Data Protection Regulation 2016/679 when collecting and using personal data.

Last updated: 07/06/2021 06:50:32