Terms and Conditions of Service

1. INTRODUCTION

This agreement sets out your responsibilities to us and our responsibilities to you.

1.1 What makes up this agreement? These terms, all Parts in the service agreement and the Waste Transfer Note make up this agreement for our supply of the service to you.

1.1 Who is in this agreement? Curbside Waste and Recycling Ltd will be referred to as ‘us’, ‘we’, ‘our’. We refer to you, the other party identified as the Customer in Part 1, as ‘you’ or ‘your’. We refer to both parties by the use of normal English such as ‘both of us’ or ‘either of us’.

1.3 No other terms or conditions apply. The terms of this agreement replace all previous agreements or arrangements (whether written or verbal) between us both in relation to the Service. No changes to this agreement will be binding unless we agree in writing.

2. HOW LONG WILL THIS AGREEMENT LAST?

2.1 The start of this agreement. Your agreement with us starts on the date when you have signed and completed the service agreement.

2.2 The start of the service and the Initial Term. Our provision of the Service will begin from the Start Date and will continue for the Initial Term.

2.3 Can you use anyone else to perform the Service? During this agreement you must obtain the service only from us and must not obtain services similar to the Service from any other party.

3. WHAT WILL WE CHARGE FOR THE SERVICE?

3.1 Our charges will be calculated in line with the service summary within your completed service agreement.

3.2 If we provide lockable Containers, we will provide a key to operate the locking system. A Spare and Replacement Key Charge will apply if you require an additional key plus postage and packaging.

3.3 Where you keep any non-scheduled containers (for example a skip) for a period longer than the agreed we may charge you an Overdue Charge and take back the Container.

3.4 You will pay us a Container Delivery or Removal Charge when we repair or replace a container due to damage or loss.

3.5 If a Container is damaged, we will repair or replace the Container and charge you the relevant repair or replacement cost.

3.6 Where the weight of a Container exceeds the Weight Allowance, we may charge you an Excess Charge.

3.7 You are responsible for each Container and liable for loss or damage caused to it.

3.8 Unless otherwise agreed in writing if we provide you with internal Office Containers, we will charge you the cost of these divided equally over the Initial Term. If you require internal containers after the Initial Term, we will look to amortise the cost over a period of 12 months. Any outstanding amounts will be paid by you upon expiry or termination. Risk in these internal Containers transfers to you once delivered to you but ownership remains with us until payment in full has been received. Please note this does not apply to internal shredding containers, title to which remains with us.

3.9 Should you require an additional lift we may charge you the Additional Collections Charge as stated in the unit price in your service summary. If the additional lift is made on demand or on an ad hoc basis we will use reasonable endeavours to attend the Customer Service Site within two working days of when we receive the request, not counting the day of when the request was made. Should ‘Side Waste’ be present we will collect this at our discretion and charge you an Additional Collections Charge.

3.10 In addition to the Charges, we may also charge you our costs as a result of a breach or failure by you or your obligations under this agreement (including any action and costs incurred in recovering unpaid Charges); a copy charge (if you ask for a copy of any document, for example an invoice, a Waste Transfer Note or this agreement) and a Wasted Journey Charge.

3.11 If you require data from us in relation to your waste a charge may apply.

3.12 When can we change our charges? We may amend our Charges or rebates at any time:

  • due to changes in the type or quantities of Waste being collected;
  • due to changes in our cost of providing the Service (including changes to any Tax (including landfill tax), commodity prices, processing costs and fuel);
  • changes in technology or to cover an improvement in our service.
  • to ensure the good management of our business generally

3.13 We will give you reasonable notice of any such charge, normally at least one month.

3.14 Where applicable you will pay VAT in addition to the charges.

3.15 You must provide us with a valid email address to send your invoices to. Unless agreed otherwise it is a mandatory requirement to accept invoices via email. If an invalid email address is provided, we may suspend the Service or send hard copy invoices and you will pay our reasonable administration charges for doing this.

4. PAYMENT FOR THE SERVICE

4.1 Unless agreed otherwise in writing you must pay us by monthly direct debit in line with the service summary and any other applicable charges within 30 days of the date of each invoice or in accordance with our direct debit arrangements. We may suspend the Service in the event of a mandatory direct debit being cancelled by you or declined by your bank.

4.2 Unless agreed otherwise in writing collections are on a scheduled basis and we will invoice you based on the Collection Frequency whether or not any waste is deposited in the Containers, however this may be represented in the monthly invoice as 1/12th of the yearly amount. Certain container services are billed in a different way and further details on this ca be obtained from us at request.

4.3 Any amounts due which are not paid in accordance with our agreed payment terms will attract charges and interest on a daily basis in accordance with the Late Payment Legislation. We may suspend the Service for late payment.

4.4 If you (acting in good faith) dispute any invoice you must inform us as soon as you can. You cannot refuse to pay on the basis we owe you money. You must pay us all undisputed amounts. Payment of any amount under an invoice as shown by our records will be proof that we performed the Service. If you claim that we owe you money we will credit the amount to your account once we have received satisfactory evidence that we owe you the claimed amount.

4.5 Where you owe us money with respect to this or any other agreement(s) we may settle this using the money we owe you

4.6 Our Charges are exclusive of VAT and the Customer shall pay the sums due in respect of VAT in accordance with the invoice. We will ensure that each invoice for the Service contains adequate details of VAT.

5. DUTIES AND RESPONSIBILITES

5.1 Compliance segregation. Its is the producers responsibility to;

  • ensure that non-hazardous waste has been pre-treated
  • that Hazardous Waste is segregated from non-hazardous;
  • comply with TEEP which you confirm we have made you aware of and offered services and pricing in relation to; and
    comply fully with any subsequent changes in Legal Rules relating to management of wastes.

Our permitted materials guide sets out what type of waste and material is permitted in certain Containers. You confirm receipt of this guide and will comply with it as amended from time to time.

5.2 We rely upon you to accurately describe your Waste. You are the producer or importer of Waste. We rely upon your accurate selection of any European Waste Code or other description of your Waste as contained on any current Waste Transfer Note. Subject to paragraph 5.1, you will be responsible for ensuring at all times only material conforming to your description of your Waste is placed in any Container.

5.3 Inaccurate descriptions of your Waste. We may at any time take samples of your Waste to satisfy us of the accuracy of your description. Under no circumstances will this right to take samples free you of your obligation to accurately describe your Waste.

5.4 Can we refuse to deal with a Container’s content? Yes. At any time, we may refuse to deal with any Waste or other material for any valid reason. Examples of valid reasons include materials or Waste which we believe may;

  • not match accurately with the agreed description of Waste;
  • be incorrectly deposited;
  • be corrosive, explosive, flammable, infectious, toxic, poisonous or otherwise dangerous (other than may be permitted under paragraph 5.6);
  • cause us to incur extra costs to transport or dispose of in line with Legal Rules.

If we refuse to deal with any Container’s contents for valid reasons we will not be in breach of this agreement and may insist you remove such contents. If we do not enforce this right of refusal, we may charge you for our extra costs in dealing with the Container’s contents in line with Legal Rules. You remain liable for any damage caused to our equipment due to contamination, for any damage you cause to our subcontractors’ equipment and any vehicle load that becomes contaminated due to your waste or material being contaminated.

5.5 New Waste Transfer Note. Both of us agree to sign a new Waste Transfer Note which will replace the then current Waste Transfer Note (and will then form part of this agreement);

  • if there is a change in the material forming your Waste;
  • immediately before each anniversary of the Start Date or the anniversary of each Waste Transfer Note (as applicable);
    to effect changes.

5.6 Hazardous Waste. Should you subscribe to this service we will collect your Hazardous Waste Provided:

  • you only use Containers specifically provided by us for the purpose to store your Hazardous Waste (unless agreed otherwise in writing)
  • you comply with the guidelines that we give you in Written Notice of from time to time;
  • you provide evidence that you have notified the Environment Agency that you produce Hazardous Waste at the Customers Service Site where we believe it appropriate;
  • you complete the respective part of the Hazardous Waste Consignment Note with respect to each collection;
  • Any Charges stated in this agreement for Hazardous Waste are on an estimate basis unless further confirmed in writing.

5.7 Liquid Waste. You will be responsible for the connection of any Vehicle’s hose to your valve or coupling as well as the operation of any coupling, valve or other mechanism which is not our property or the property of our subcontractors.

5.8 Ownership and liability for your Waste. All materials in the Container will become the property of us and our subcontractors when we empty and collect it. This does not free you from any liability or responsibility you have in relation to your material.

5.9 Containers. We will deliver to the Customers Service Site each Container requested by you in your service summary. Once we deliver any Container you will be responsible for it and take responsible care of it. We and our subcontractors retain ownership of all Containers (except in relation at internal office Containers set out in paragraph 3.8.)

5.10 If you believe the Container has a defect you must write within five Working Days of its delivery to the Customer Service Site. We can charge you for any damage (other than fair wear and tear or caused by negligence or willful default) to any Container.

5.11 You will not allow any Container to;

  • be used by any other person other than you, your employees are agents;
  • contain any material other than your Waste or to become polluted or contaminated;
  • be removed from the Customer Service Site unless this is by us;
  • be Overloaded of Overfilled;
  • be damaged or set on fire (including its contents);
  • be placed, stored, or sited on a public highway;
  • display any advertising, mark, logo, sign or lettering other than our logo and contact details, or our subcontractors logo and contact details (which you will not deface, remove or cover up);
  • unless agreed otherwise in writing, contain any compacted waste.

5.12 You will be responsible for the safety of any person (except our employees and subcontractors) loading any Container or using its mechanism (if any). You will not interfere with the working parts of any Container. You must notify us immediately in writing if you are concerned that any Container poses a health and safety risk. We may charge you for any additional training after delivery, for example, to train new employees.

5.13 Suitable access. You will at all reasonable times allow us suitable accesses to deliver, empty, inspect, repair, replace, or collect any Container.

6. LIMITS OF THE SERVICE PROVISION

6.1 Due to the type of Service being provided the Collection Frequency and collection times do not have to be strictly complied with and we can change any aspect of the Service provided we give you reasonable notice.

6.2 For any period where you are in breach of this agreement, we may stop performing the Service until you have remedied the breach to our reasonable satisfaction and will not be liable to you for any resulting loss, damaged or expense.

6.3 If we have told you that you will receive a zero to landfill service this is on the basis of your material complying with our permitted materials guide and us using reasonable endeavours not to send any material to landfill. You acknowledge that some residues from recycling or recovery processes do go to landfill.

6.4 If we provide you with waste related information this should not be construed as legal advice. It is up to you to obtain your own independent legal advice.

6.5 If we have agreed to provide you with Waste weight data this is on the basis the relevant vehicle (whether ours or our subcontractors) has on-board weighing systems fitted and they are operating at the time of collection and where this is not available we may provide you with estimated weights.

6.6 If you are provided with training in relation to equipment by a third party (including our subcontractors) we do not accept any responsibility in relation to the training.

7. ENDING THE SERVICE

7.1 If you no longer wish to continue with our service, we will require three months Written Notice prior to the anniversary date of the Initial Term.

7.2 Should we not receive written notice three months prior to the anniversary date of the Initial term, the agreement will automatically be continued for a further period of twelve months.

7.3 Should you wish to terminate this agreement prior to the end of the agreed period, you will pay 35% of the Charges that would have been payable by you during the remainder of the agreement. Both Parties agree this represents a genuine pre-estimate of the losses caused to us due to early termination. This will also apply if we terminate for your breach.

7.4 We may give you Written Notice to end this agreement at once if you are in breach of your obligations. If the breach is capable of remedy, we may at our option give you Written Notice to remedy it within 14 days. If you do not remedy the breach to our satisfaction within this time the agreement will end at once.

7.5 This agreement will end at once if:

  • a bankruptcy order is made against you;
  • you make a voluntary arrangement with your creditors;
  • you have a receiver, an administrator or an administrative receiver appointed for any part of your assets;

7.6 an order is made, or a resolution passed for your winding-up (except for the purpose of its reconstruction or amalgamation).

7.7 Ending this agreement will be without prejudice to any rights or liabilities that either of us may have accrued to that date.

8. WRITTEN NOTICES

8.1 Whenever under this agreement either of us is to give Written Notice to the other, such Written Notice must be sent by email, recorded delivery or hand delivered (for which a written confirmation of receipt must be obtained). In your case such notices must be sent to the “Curbside address” set out in the agreement and in our case to your address set out within your service agreement. Written Notices sent with or forming part of any invoice will be satisfactorily given for the purpose of this agreement.

8.2 A Written Notice will be deemed to be received if:

  • sent via email then two working days following that email;
  • sent by post then two working days following posting;
  • delivered by hand then on the next working day after delivery;
  • We both agree that any Written Notices sent by facsimile will not be satisfactorily served for the purpose of this agreement.

9. WHAT ELSE SHOULD YOU KNOW

9.1 Death or personal injury. Nothing in this agreement or this paragraph 9 will operate so as to exclude, restrict or limit liability for death or personal injury resulting from our negligence or that of our employees or subcontractors.

9.2 Limit of our Liability. Subject to paragraph 9.1 you agree that if you suffer any loss or damage as a result of our negligence or breach of contract our liability to you will be limited to £5,000 per incident or related incidents.

9.3 We will not be liable for any loss or damage that:

  • results from your act, omission, negligence, or default;
  • is not a natural and direct result of our act, omission, negligence or default or that of our employees or agents (including any loss or damage which was not foreseeable to both of us when this agreement was entered into);
  • is economic loss or damage (including loss of profits, business, income, reputation, goodwill or other financial loss);
  • results from any claim whatsoever unless Written Notice of such claim is delivered for the attention of our Directors to our Office Address within three months of the respective cause of action arising.

9.4 Legal compliance. Both of us will comply with all Legal Rules that apply to the service, the Waste or any Container. We may change this agreement or the Service as we consider suitable (acting reasonably) to comply with any change in interpretation of Legal Rules or with any new Legal Rules. Any reference to legislation in this agreement shall be taken to be reference to that legislation as amended if applicable.

9.5 Service Reduction. If your requirements for the Service at any time reduce you may ask us to change the Service (whether as to Container site and number, Collection Frequency or otherwise). We will agree to change the Service as we consider suitable (acting reasonably). Ten working days written notice must be provided to us prior to the requested reduction date. If you request to temporarily pause your service due to temporary business closure, in the unlikely event we may include to pass on a rental fee for the containers situated at your premises to reasonably cover our costs, however we will always endeavour to waiver these fees where possible.

9.6 Service Increase. If your requirements for the Service at any time increase, you must ask us in writing to change or increase the Service in line with your requirements by giving us no less than Ten Working Days’ notice in advance. We will agree to change or increase the Service in line with your requirements. We will agree to increase or change the Service and Charges as we consider suitable (acting reasonably).

9.7 Both of us agree to make such written changes to the agreement and to sign a new Waste Transfer Note to take account of any changes taking place under this agreement.

9.8 If a court or other competent body decides that any part of this agreement (including any exclusion, restriction or limitation of liability) is invalid or ineffective, then the rest of the agreement will not be affected. If as a result of any decision we then become liable for loss or damage that we would not otherwise have been liable for then that loss or damage will be subject to all unaffected parts of this agreement (including all unaffected exclusions, restrictions or limitations).

9.9 The laws of England and Wales will apply to the agreement. Any legal proceedings in connection with this agreement must be brought in the courts of England and Wales.

9.10 Waiver. If we do not insist on any right under this agreement we may still insist on that right at a later date.

9.11 Assignment. We may assign or transfer any of our rights or responsibilities under this agreement at any time. You may not assign or transfer any of your rights or responsibilities under this agreement without our prior written consent.

9.12 Subcontracting. We may subcontract our performance of the Service (or any part of it).

9.13 Rights of third parties. The Contracts (Rights of Third Parties) Act 1999 does not apply to this agreement.

9.14 Telephone Calls. We may record or monitor telephone calls made between us or any other person.

9.15 We are entitled to assume that the person signing this agreement on your behalf is duly authorised to bind you legally to your responsibilities, obligations and liabilities under it.

9.16 Confidentiality. We both agree that this agreement is confidential and that neither party will disclose it or any of its contents to a third party without the other party’s written consent unless required by law.

9.17 Cleaning of a Container. You must take responsible care to keep the condition of each Container in line with the requirements of Legal Rules. When you clean a Container, you must ensure that the method used (including the cleaning products used) does not cause any damage. For example, any cleaning products used must not be corrosive or dangerous or otherwise pollute or contaminate the Container or your Waste. No third party is permitted to clean our Containers. Should you require Container cleaning services you must contact us.

9.18 Container with mechanisms. You will not interfere with the mechanism of any Container.

9.19 Changing the type of Container and collection day. We may at any time change the type of Container provided to you if, for example, we wish to change the type of Vehicle that collects your Waste or if the relevant Container is no longer readily available or the cost of obtaining the same has increased from our suppliers or subcontractors. We may also change the collection day if for example we change the vehicle’s work. You may object to any such change by Written Notice within seven days. We will accept your objection and not change your Container if you can show (acting in good faith) that the change will be to your significant disadvantage and unreasonable for you to comply with.

9.20 Special Offers. If Charges are discounted because they are based on a special offer being run at the time of entering the agreement, for example a multi-service offer, and you end part of the Service you will be liable to pay the amount that you would have paid if no discount or special offer had been applied and any Charges payable under paragraph 7 will be calculated on a non-discounted basis.

10. DATA PROTECTION

10.1 Both parties must comply with their respective obligations under Data Protection Legislation which arise in connection with this agreement.

11. PERFORMANCE DATES AND FORCE MAJEUR

11.1 We and our subcontractors will use reasonable endeavours to meet the Collection Dates (which shall always be Working Days unless especially agreed in writing between us) set out within your service agreement but shall not be liable for late performance or delay in performance of the Service and delays shall not entitle the Customer to rescind the agreement.

11.2 Without prejudice to the generality of clause 11.1 We shall have no liability for any delay or default in the provision of the Service caused directly or indirectly by breakdown or unavailability of Equipment or Vehicles, inability to obtain labour, or any other cause beyond our reasonable control.

11.3 The driver of the Vehicle may in their absolute discretion refuse delivery if they believe that access to the Collection Site, turning facilities are unsafe or likely to cause damage to the Vehicle, or if there is any reason to believe the proposed area for siting the Equipment is unsuitable.

WORDS AND PHRASES USED IN THIS AGREEMENT

Additional Collection Charge means the charge payable in addition to the Visit Free/Minimum Charge.

Charges means the Service Charges collectively or any one or more as stated in the service agreement, our published Charges and any amounts due by you under this agreement including the Collection Charge, Container Delivery or Removal Charge, Wasted Journey Charge, Duty of Care Charge, Additional Risk Assessment of Collection Site Fee, Overdue Charge, Spare and Replacement Key Charge and Hazardous Waste Consignment Note Charge.

Collection Frequency means the frequency of collection per Container set out in your service agreement If Any Day has been selected, this means that you permit us to collect on a set day we choose.

Container means each and every waste container, compactor, bag or equipment provided by us for the shredding, compaction, storage, transport, pre-treatment or disposal of the waste.

Container Delivery or Removal Charge stated as such in your service agreement.

Container Protection Charge means the charge stated on our published charges, unless stated otherwise on this agreement.

Customer Service Site means the premises set out within your service agreement..

Disposal Charge means the amount so described within your service agreement.

Disposal Site means the site that processes the Waste which we may change at our sole discretion from time to time.

Duty of Care Charge means the charge stated as such within your service agreement.

Excess Charge means the charge payable by you and stated as such in your service agreement for exceeding the Weight Allowance and is calculated on per KG or part thereof exceeded.

Excessive Weight means the weight of a Container excessively exceeds the Weight Allowance to the extent it may cause damage to our or our equipment (as determined by us). Further details available on request.

Force Majeure means unforeseeable circumstances that prevent us from fulfilling our duties.

Hazardous Waste means the waste or material set out as such under Legal Rules that we specifically give you Written Notice we will accept which we may change from time to time (we will try to give you reasonable notice of any such change, normally at least one month). All Hazardous Waste to be made stable and palletised before collection and any containers to be sealed and in a safe condition for road transport and any pricing provided for this service are on the following basis and assumptions:

  • transporting rates allow for 30 minutes for part loads and 45 minutes for dedicated loads from time of arrival at Customers Service \ site. Any additional time on site whatsoever will be levied at the demurrage rate in force at collection date and charge pro-rata unless otherwise agreed;
  • suitable date for collection to be notified to you in advance;
  • assistance will be given by you in loading our Vehicle by a suitable forklift truck and trained driver.

Hazardous Waste Consignment Note Charge means an amount payable by you for our administration of the Hazardous Waste Consignment Note as set out within your service agreement.

Immovable Container means a Container which cannot be safely moved by one of our drivers.

Initial Term means the period of Service set out in the service agreement which will always be a minimum of 12 months and where there is any inconsistency between the Initial Term in the agreement and these terms then these terms will prevail.

Late Payment Legislation means Late Payment of Commercial Debts (Interest) Act 1998, the Late Payment of Commercial Debits Regulations 2002 and the Late Payment of Commercial Debts Regulations 2013 all as amended.

Legal Rules means any UK or applicable European legislation, provision of common law or requirement of any authorisation licence, consent, permit, code of practice, rule or guidance note.

Lift Charge means the Charge to be made for the collection of a Container per collection as per your service agreement. Night/Sunday/Bank Holiday Surcharge means the additional charge made for the collection in the evening between 23:00hrs and 06:00hrs, or on a statutory bank holiday or a Sunday. Whether we collect during this time/period is at our discretion.

Overdue Charge as set out in our published charges.

Overloaded means the weight of the container exceeds the Weight Allowance.

Overfilled means the container lid does not close due to Waste or if there is side waste.

Rental Charge means the amount so payable under the service agreement for the period stated therein.

Service means the:

  • provision of each Container at the Customers Service Site;
  • collection, transport, processing, recycling and disposal (where applicable) of the Waste from each Container, any ancillary services; and
  • provisions of each Waste Transfer Note and its administration.

Side Waste means any waste or material on top, adjoining or within very close proximity of the container.

Spare and Replacement Key Changes means as stated in our published charges.

Start Date means the completed signed date within your service agreement.

TEEP means regulation 13 of the Waste (England and Wales) Regulations 2011 (SI 2011/988).

Tip and Return in Part 3B(ii) means we take away and return the same container after emptying.

Visit Fee/Minimum Charge means in the service agreement the minimum charge for a visit. All other charges will still apply, including the Additional Collection Charge for those Containers which are lifted and not priced for within the Visit Fee/Minimum Charge.

Wait and Load in the service agreement means we will wait while you load.

Wasted Journey Charge means the amount that would have been charged for the collection of a Container to cover the abortive journey. You will pay us a Wasted Journey charge if we do not collect any Container due to contamination, Excessive Weight, Container being an Immoveable Container, Container being Overloaded or Overfilled or for any other reason due to your actions such as but not limited to blocked access, locked gate, or Container not being available. Far a scheduled collection, the Wasted Journey Charge shall be the Lift Charge.

Waste Transfer Note means the document as may be replaced from time to time, signed by us both to comply with the Duty of Care (as defined under S.34 of the Environmental Protections Act 1990 and the Environmental Protection (Duty of Care) Regulations 1991).

Waste means the waste described by you in any Waste Transfer Note as may be replaced from time to time.

Weight Allowance means the estimate of the Waste in each Container as set out in your service agreement as waste allowance which may be varied from time to time in accordance with this agreement.

Working Day means a Monday to Friday, excluding bank holidays and public holidays.

Written Notice means a written notice in line with paragraph 8 of this agreement.

Curbside is a trading name of Curbside Waste & Recycling Ltd | Company No: 1136 9565 | VAT No: 297 4208 71

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