Conditions of Contract for Collections of Commercial/Industrial Waste

General

1. This Contract is for light Commercial/Industrial waste and recyclates only. Worcester City Council (hereafter referred to as “the Council”) will not accept any clinical, hazardous, toxic, liquid or special waste (as described under section 17 of the Control of Pollution Act 1974 or any subsequent amending legislation) The Council will also not accept electrical items and batteries, asbestos, plasterboard, oil or paint, tyres, uncooked food or sawdust in large quantities. The Customer will not place or deposit, or allow to be placed or deposited, any such materials in any sacks or containers used in connection with this Contract.
2. Light Commercial/Industrial recyclates must be presented for collection in containers or sacks specifically marked, coloured and provided for the purpose. All items should be dry and free from contamination. Any non-suitable or contaminated items will be rejected by the collection crew. The Customer will be responsible to re-sort the recycling waste and reject unsuitable items and transfer them into their general waste. The Council will not accept plastic film or shrink-wrap, textiles, metal foil, plate glass, medical/laboratory glassware, Pyrex, ceramics, light bulbs and tubes or lead crystal glass. Acceptable items include paper, cardboard and thin card (up to A2 size), corrugated board, boxes and paper packaging, plastic containers (must be empty and not black), glass jars and bottles (must not be presented in sacks), cans and tins, jar lids, food and drink cartons.
3. Prior to the commencement of the Contract, a health and safety risk assessment will be carried out at the Customer’s premises (from which collections will take place) by the Council’s nominated officer to identify and record any existing or potential hazards that may affect the safe operation of the collection service. Any such hazards will require elimination by the Customer prior to the commencement of the Contract. The collection crew will continuously monitor the site and should any new hazards become apparent the Council will contact the Customer and retain the right to suspend collections until the hazard has been addressed.
4. Subject to Condition 18 below, any contact or notice to be given by the Customer relating to this Contract should be made to the Trade Waste Officer on Worcester (01905) 752982 or by e-mail to ‘This email address is being protected from spambots. You need JavaScript enabled to view it.’.

Care and Use of Containers

5. Only that quantity of refuse which has been contracted between the Customer and the Council, and paid for, will be collected. The refuse should be contained in Council approved containers (with the lids closed), or sacks supplied by the Council. Loose refuse, not contained in Council approved containers or sacks supplied by the Council, will not be collected to minimise health risks and spillage in the streets. If the customer has underestimated the contracted refuse collection requirements, they should arrange to have their contract re-assessed. ‘One-off’ collections can be made at an agreed price to deal with large volumes of refuse.
6. The container(s) shall at all times remain the property of the Council and shall be returned to the Council upon termination of the Contract.
7. The Customer shall indemnify and hold harmless the Council from and against all claims for loss or damage to property or injury to or death of person or persons resulting from or arising in any manner out of the Customer’s use, operation or possession of the container(s) or any equipment relating to the Contract.
8. Customers are required to ensure that all containers are kept in a satisfactory state of cleanliness. In the event of non-compliance, the Council reserves the right to withdraw the container(s) from service, carry out the necessary cleaning and re-charge the costs to the Customer. The Council offers a bin cleaning service – details are available from the Trade Waste Officer – see 4 above.
9. The Customer accepts responsibility for any loss or damage (including fire and vandalism) other than fair wear and tear to any equipment owned by the Council whilst in the Customer’s care and shall reimburse the Council for any such loss or damage.
10. Containers must not be used for the burning of rubbish
11. No container shall be removed from the Customer’s premises to which it was delivered without the Council’s prior written consent. The Customer shall at all reasonable times allow the Council’s authorised officer to have access to the container to inspect, test, adjust, repair or replace the same , so far as possible at times convenient to the Customer.
12. The Customer shall notify the Council without unreasonable delay of any damage to the container(s).The Customer is required to ensure that large and/or heavy objects (e.g. concrete, metal, brick, rubble etc.) are not deposited in the container(s). Waste compaction is not acceptable, particularly in plastic bins. The Customer will be liable for the cost of removal of such items and for any subsequent damage to the Council’s vehicles or containers consequent to such misuse.
13. The Customer is required to ensure that the container(s) owned and supplied by the Council are used only for the storage of rubbish, waste or other materials for collection by the Council and no other contractor. The Council accepts no liability for the loss of any materials that have been placed in the container(s) for disposal or otherwise.
14. Suitable access must be provided by the Customer between the hours of 06.00 and 17.00 for the emptying of containers. If access is unavailable, charges will still be made and the Council reserves the right to call back when it is convenient to the Council and charge for the return call.
15. Kerbside collections from within the Presentation Policy Area will take place between 08.30 and 09.30 on agreed days. Containers must be removed (subject to penalties) from the kerbside between the hours of 09.30 and 06.00
16. Containers must be stored on a suitable surface for collection i.e. level hard standing within the premises of the Customer, not on the public highway.

Duration of Contract

17. Subject to Condition 19 below, the Contract will continue in force until terminated by either party giving THREE month’s written notice each to the other.
18. The Council reserves the right to alter or amend the service or, where appropriate, terminate the Contract without notice in the event of breach of any of these Conditions by the Customer, or for such other reasons as they may, at their discretion, decide.
19. Upon the breach of any Condition by the Customer or, on termination of the Contract, whether by notice given in accordance with Condition 17 above or pursuant to Condition 18 above, the Council shall have the right to remove any container(s) provided by it for the purposes of the Contract and the Customer shall permit reasonable access for such removal.
20. If containers are removed by the Council following a breach of any of these Conditions by the Customer, including non payment of overdue charges, the Council reserves the right to make a charge to return each container following any re-instatement of the service.

Payment and Adjustment of Charges

21. Non payment of invoices within 28 days of invoice date will incur suspension of service. Continued non payment beyond suspension will result in the debt being passed for legal action and then possible termination of the Contract.
22. Non payment, or regular late payment of invoices (involving service suspension), will be regarded as breach of the Contract. Under such circumstances, The Council reserves the right, under paras. 18 & 19, to terminate the Contract without notice and remove any containers provided.
23. The Council reserves the right to vary or increase charges for all commercial/industrial refuse collection subject to ONE month’s written notice in respect of existing Contracts.

 Collections

24. The Council reserves the right to change the day(s) and time(s) of collection(s), on reasonable notice, in order to improve and retain an efficient service in accordance with the Council priorities.
25. In the event of missed collections, the Customer should e-mail ‘This email address is being protected from spambots. You need JavaScript enabled to view it. or contact The Trade Waste Officer on 01905 752982.
26. In the event that bin(s) are not available for collection, full price charges will still apply. Should an interim collection be requested by the customer prior to the next scheduled collection, a full price charge will be levied.

Variation of Conditions

27. All commercial waste collection services will be supplied in accordance with these Conditions. Any Conditions expressed or implied which in any way add to, vary, modify or are in contradiction to these Conditions shall be excluded and not form part of the Contract unless variation of each such Condition has been specifically agreed in writing by both parties.