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Terms and Conditions

These General Terms and Conditions will form part of the three-part Agreement with the Customer for the provision of Service.

1. Definitions and Interpretations

The terms and conditions for using Breckland Council's Commercial Waste Collection service.

1.1.  Administrative Charge means £50.

1.2.  Agent means Serco appointed by the Council to provide the Service on Council's behalf and notified in the Agreement.

1.3.  Agreement means the signed agreement between the Customer and the Council consisting of the following three parts:

1.3.1.  Part 1: Waste Service Agreement.

1.3.2.  Part 2: Duty of Care Waste Transfer Note; and

1.3.3.  Part 3: General Terms and Conditions (this document).

1.4.  Commercial Waste is defined for the purposes of this Agreement as Commercial Dry Recyclables and/or Commercial Non-Recyclable Waste.

1.5.  Commercial Dry Recyclables are recyclable materials specified in the Waste Service Agreement and the Duty of Care Waste Transfer Note issued to the Customer by the Council. (Note: Currently these materials are 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. Materials other than those specified in the Waste Service Agreement or Duty of Care Waste Transfer Note will not be considered as Commercial Dry Recyclables for the purpose of this Agreement and will not be collected. The Council reserves the right to add to and/or to remove a category of waste set out in this paragraph 1.5, and the Customer shall be notified of any changes in writing, which shall be effective 28 days from the date of the notice.)

1.6.  Commercial Non-Recyclable Waste means mixed non-bulky and non-hazardous waste which is comparable to typical household waste and specified in the Duty of Care Waste Transfer Note issued to the Customer by the council.

1.7.  Contamination means materials other than those specified in the Duty of Care Waste Transfer Note and/or Waste Service Agreement.

1.8.  Council means Breckland District Council.

1.9.  Customer means the party other than the council entering the Agreement.

1.10.  Duty of Care Waste Transfer Note means the form in the Agreement which has been completed and signed by both the council and Customer.

1.11.  Receptacles mean sacks/containers provided or hired to the Customer by the council for the storage and collection of Commercial Waste.

1.12.  Receptacle Delivery Charge means the receptacle delivery charge specified in Section 2 of Part 1: Waste Service Agreement.

1.13.  Receptacle Redelivery Charge means £20 per Receptacle other than sacks.

1.14.  Service means the collection and disposal of Commercial Waste (including provision of Receptacles) from the Customer by the council or its Agent in accordance with the Agreement.

1.15.  Service Charge means charges for the collection and disposal of Commercial Waste and hire of Receptacles as specified in Section 2 of Part 1: Waste Service Agreement of the Agreement.

1.16.  Service Commencement Date means the date of service commencement specified in Section 3 of Part 1: Waste Service Agreement of the Agreement.  

1.17.  Service Term means a period of 12 months from the Service Commencement Date or date of renewal or variation of the Agreement. 

1.18.  Waste Transfer Note Charge means the charge notified to the Customer in the Agreement (specifically in Section 2 of Part 1: Waste Service Agreement).

2. Responsibilities

The terms and conditions for using Breckland Council's Commercial Waste Collection service.

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. While 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 07:00 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 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.

3. Variations and terminations

The terms and conditions for using Breckland Council's Commercial Waste Collection service.

3.1.  The council reserves the right to update these terms and conditions at any time.

3.2.  The council will notify the Customer as soon as practicable of any changes to these terms and conditions and the council's changes will be enforceable immediately upon publication on the council's website.

3.3.  Any changes either the Customer or the council wishes to make to the size or type of Receptacles or Commercial Waste collection frequency must be agreed in writing by authorised representatives of both parties at least a month in advance of the required Service changes. If the Customer requests these changes, the Council reserves the right to charge the Administrative Charge and will notify this to the Customer before amending the Agreement.

3.4.  Termination of this Agreement may occur by one party giving one month's notice in writing to the other party. 

3.5.  The council is entitled to terminate the Contract by serving a notice at the address given by the Customer in the case of a payment default by the Customer. In this circumstance, the council will not be required to observe a notice period.

3.6.  It is the Customer's responsibility to inform the council of any relevant changes to the Customer's business (such as change in address or ownership, cessation of trade). If the Customer fails to not notify the council of relevant changes; the Customer may still be liable for any outstanding debts.

4. Financial Information

The terms and conditions for using Breckland Council's Commercial Waste Collection service.

4.1.  The council may undertake a credit check on the Customer before providing a quote for Service and/or amending an existing Agreement.

4.2.  The Customer shall pay all applicable charges for the Service including Service Charges in accordance with the method and frequency specified in Part 1: Waste Service Agreement. The council's preferred approach for payment is up front online payment using a debit or credit card and by quoting the Customer/Account Number provided by the council. The council would consider alternative arrangements if required by the Customer. The council will not accept cash payments.