The client who has purchased bags for the removal of dry mixed recycling from their business premises agrees to the terms and conditions set out below:
1. The service is only available to businesses based within the London Borough of Hillingdon.
2. Payment made for this service is for the provision of sacks (52 per roll ordered), delivery of the sacks and collections of the purchased sacks in accordance with the agreement terms.
3. Payment for this service must be made by the client in advance.
4. No refunds will be given for early cancellation of the service.
5. The council will make a maximum of 3 attempts to deliver the sacks, if all 3 attempts are made and the sacks could not be delivered or signed for the customer must make arrangements to collect the sacks from the council depot.
6. Any faults with the bags must be reported to the council by the client in writing immediately. Replacement sacks will only be supplied on surrender of the faulty sacks.
7. The contract for collections remains in place for a maximum period of one year from the date of agreement. The contract will terminate earlier if all of the purchased bags have been collected in accordance with the agreement terms. Once purchased, the sacks are and remain to be the property of the client. The council will not be responsible for the replacement of any sacks which may be lost or stolen.
8. The client shall have in force public liability insurance for such sum and range of cover as the client deems to be appropriate to insure against any claim for loss or damage to goods, property or persons arising from the signing of this agreement.
9. The sacks provided by the council shall be at the sole risk of the client who shall indemnify the council in respect of any claim for any loss, damage or injury whether to persons or property attributable or alleged to be attributable to the presence or use of the sacks by the client.
10. Deliveries will be completed within 10 working days of the agreement date. The client must be present and sign for the delivery of the purchased sacks. It shall be the responsibility of the client to contact the council to arrange redelivery if there is no one available to sign for acceptance of the delivery. Additional deliveries may be subject to charges.
11. The client will not use the sacks for any purpose other than for the collection of dry mixed recyclables and will ensure that:
a. The sacks are not overloaded. Each sack must not exceed 10 kilogram's.
b. Only the sacks provided are placed out for collections. Any sacks not issued by the council will not be collected.
c. The sacks are not sold to any person or company other than that listed on the agreement and are not transferable.
d. Markings on the sacks should not be purposefully removed or defaced.
12. The sacks must be presented for collection in the location stipulated by the council and on the agreed collection date as stipulated by the council. Sacks must be accessible to the collection crew and vehicle, and available at reasonable times. The council cannot be held responsible for non-collections if access is not available at the time of the collection and no refunds or credits will be made by the council should this occur.
13. All items must be inside the bag and the bag must be tied. Any items outside the bag will not be collected and will be considered to be fly-tipping.
14. The council reserves the right to alter collection schedules with prior notice given to the client.
15. Collection schedules will be altered following bank holidays. Alternative collection dates will be published on the councils website.
16. The client must notify the council of any intended break in the collection service. If sacks are not present for collections on three consecutive scheduled collections without prior notification the collection service will be suspended until a time where the client contacts the council to reinstate the service. Services will be reinstated in accordance with the agreed terms.
17. The client must only present dry mixed recyclables for collection. The list of acceptable materials printed onto the sacks is correct at the time of printing. The council will notify the client of any changes which may occur during the contract period. A fully up to date list of acceptable materials will be available on the council's website.
18. The council cannot be held responsible for any non-collections in the instance of any unacceptable materials being present within the sack. It shall be the responsibility of the client to remove the unacceptable items and notify the council in order to resume collections.
19. The collection service must not, and cannot legally receive, the following:
a. Liquid waste, including paints and waste vegetable oils
b. Animal carcases and parts of animal carcases (including blood, hides, skins, bones, feathers)
c. Any toxic or other hazardous substance as defined in Hazardous Waste (England and Wales) Regulations (2005), as amended, and the Environmental Protection Act 1990 and any Act, schedule or list which may subsequently come into force.
d. Gas bottles
e. Electrical goods according to the Waste Electrical and Electronic Equipment Regulations 2013 (WEEE) including telephones and fluorescent tubes.
20. The client must retain the relevant Duty of Care documentation for a period of two years. The Duty of Care Documentation is valid for a maximum of 1 year from the agreement date. The Duty of Care document is only valid whilst the client is in possession of unused sacks.
21. It is the client's responsibility to purchase additional sacks on or before the anniversary of the agreement date or on completion of the purchased roll in order to ensure that the Duty of Care documentation is valid.
22. The council shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
23. The council has the right to terminate this agreement with immediate effect if the terms of health and safety regulations or any similar relevant legislation are breached by the client.
24. The council shall terminate this agreement at any time with immediate effect if the client or anyone employed by the client shall have committed an offence under the Bribery Act 2010, or shall have given any fee or reward the receipt of which is an offence under section 117 (2) of the Local Government Act 1972.
25. Notwithstanding any other provision of this agreement, nothing in this agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
26. Any amendments to this agreement must be made in writing to the councils Waste Services Department and will be subject to the same terms and conditions listed above.