Business waste T&C's
Definitions
1. ‘the Council’ means the Borough Council of Newcastle-under-Lyme
2. ‘the Customer’ means the individual or company requesting the service whose details are on the application form
3. ‘Commercial waste’ means waste from premises used mainly for the purposes of a trade or business or for the purpose of sport, recreation, education or entertainment (but excluding household, agricultural or industrial waste)
4. ‘the Price’ means the fee as set out in clause 13 of this agreement
5. ‘the Container’ means a suitable receptacle fit for the purpose and supplied by the Council. Such Container remains the property of the Council and shall not be moved to other premises or transferred to another person or business without appropriate authorisation from the Council
Agreement for collection
1. This agreement only covers commercial (or in certain cases domestic) waste collections. It does not cover hazardous, clinical or wet waste [JF2]
2. The Council will provide the service requested on the application form on payment of the Price as set out in clause 13 below
3. The collection of commercial waste will be made on days agreed between the Council and the Customer
4. The Customer will pay the Price for each collection
5. The Customer must ensure reasonable access for the Council’s collection vehicle to empty the Container on the agreed collection day(s)
6. Collections commence from 6.00 a.m. If a return call is necessary because of a lack of access, the Council reserves the right to make an additional charge to return and empty the Container
7. The Container must not be filled in such a way as to prevent the lid from being properly closed. The Council reserves the right not to empty containers that are overloaded so that lids cannot be closed
8. Only the emptying of the Container is covered by this agreement. Surplus material deposited on the ground or on top of the Container will not be removed without incurring an additional charge for the collection of the contained waste. Additional material will only be removed if contained in the appropriate Council trade refuse receptacle or by agreement with the Council on payment of an additional charge (trade refuse sacks can be purchased from the Council)
9. Additional collections can be arranged when requested, and the Customer will pay the Price for each additional Container emptied
10. Containers must not be marked or defaced by the Customer. In the event of damage to the Container or if it is lost or destroyed whilst on the Customer’s premises the Customer will be liable for the full cost of replacement.
11. Customers are advised to insure against loss of or damage to the Container. Excepting damage to the Container which may be caused by the Council, fair wear and tear is expected
12. The Price for the collection service is as agreed by both the Council and the Customer at the commencement of this agreement. The Council reserves the right to alter the Price subject to the Council giving 28 days’ notice in writing to the Customer of such alteration
13. Payment for the collection service is due quarterly in advance. If payment is not made within 30 days of invoicing, then the Council reserves the right to withdraw the collection service.
14. If a Container is removed as a result of such non-payment, and the Customer subsequently requests that the Container be re-supplied, a charge of £126.00 will be added to the next invoice to cover the cost of the Container delivery
15. At the commencement of the agreement, and yearly thereafter, a duty of care waste transfer note must be completed. Should the Customer move to new premises, or the nature of the waste changes, then the Customer must notify the Council accordingly. The Customer will be issued with an amended waste transfer note to reflect such changes
16. Either party to this agreement may terminate such agreement by giving 13 weeks’ notice in writing to the other party. Such notice shall be given to the Council either by email at businesswaste@newcastle-staffs.gov.uk or by letter to the Council at Knutton Lane Depot, Knutton Lane, Newcastle-under-Lyme, ST5 2SL. The Council will write to the Customer at the address provided for invoicing on the application form
17. No person other than the Council and the Customer shall acquire any enforceable rights under or in connection with this agreement