It is the terms of every contract entered by the Council that the Customer shall have complied or shall comply with all requirements of government or any statutory or public authority in relation to the service, or to the use of any container by the Customer. In particular, the Customer shall be responsible for ensuring compliance with the Environmental Protection Act 1990, or any re-enactment or amendment thereto, or any order, regulation, or delegated legislation made thereunder. In addition, the customer and Council will both fulfil their duty of care, as outlined within the Workplace
Recycling Law (Wales).

3.1 In the event that the Waste when collected (in the opinion of the Council) contains material different from the type stipulated in the Agreement, the Council may in its absolute discretion:

3.1.1 refuse to accept or collect any part of the affected Waste or waste material.

3.1.2 make such increase in the Charges as it sees fit.

3.1.3 require the Customer to pay any additional charges for affected or additional Waste.

3.2 The waste materials to be collected and disposed shall be of the type, character, and quantities as specified in the duty of care Waste Transfer Note (WTN hereafter), and the Customer shall ensure that no material change in the nature of the waste shall take place during the contract without advance notification of agreement changes

3.3 The Council will not accept any waste which by reason of size or weight is difficult to collect or dispose.

3.3.1 The Customer agrees that if the waste collection is increased in weight, then the Council has the sole discretion to collect the waste in several collections and if it is repeatedly over-weight then the Customer and Council shall agree to amend the Contract terms to reflect the increased weight and the fees/payment terms shall also be amended to reflect this increase in weight and collection.

3.4 The Council will not accept any toxic, dangerous, or special waste or fluid of any kind whatsoever.

3.5 In the event that any bin collected is of an excessive weight, as set by the Council, charges will be applied to the Customer’s invoice.

3.6 Food waste and recycling must not be placed within residual waste bins, in line with statutory obligations in line with the workplace recycling law.

3.7 Customers will be provided with bins as standard, if space allows. In situations where The Customer does not have suitable and sufficient storage space, alternatives may be offered. It is the customer’s duty of care to ensure sufficient storage off the highway where bins are provided, and to comply with any enforcement notice in respect of time restrictions.

4.1 The Customer must notify the Council before any supply is commenced of any particular requirement of the Customer relating to health and safety at work and of any hazards, risks, or dangers that may arise as a result of the Council or its employees undertaking any service on the premises of the Customer. The customer must notify the Council if any material changes are made to the bin collection point, to enable a revised risk assessment to be undertaken.

4.2 The Council’s employees or agents shall not be required to undertake any service outside the terms of the contract, and furthermore, the Customer shall not request such employees or agents to do so without the Council’s prior agreement.

4.3 The Customer must provide the Council with at least 28 days’ written notice if the Customer’s business is sold or transferred. The Customer will be liable for all costs and outstanding invoices.

4.4 The Customer shall ensure that all waste collected meets the health and safety standards as agreed with the Council. If any collection does not meet this standard, the Council has the sole discretion to reject the collection of the waste, and no liability whatsoever shall be placed on the Council and fees/payment shall be paid for the Council.

5.1 The Council is not a common carrier and does not contract as such.

5.2 The date of delivery or performance of the service shall not be of the essence, and the Council shall have the right at its discretion to alter the day of performance of the service.

5.3 Where the Council is unable due to Bank or Public Holidays, breakdowns, or circumstances outside its reasonable control to carry out any service on the day notified to the Customer, the Council shall make all reasonable efforts to carry out such service as soon as practicable thereafter. Re-scheduled collection days will be visible to customers on the customer portal.

6.1 The Council will review the prices charged on a regular basis to accommodate for any market increases. The Customer will be notified of any changes, via the customer portal with a minimum of 28 days’ notice before changes are applied.

6.2 The Council will make an annual charge for customer duty of care, which includes the production of a legal Waste Transfer Note. A duty of care charge will be applied 12 months after your contract began and is non-refundable in all instances except those where notice has been provided 90 days before the production of the annual duty of care charge.

6.3 The Council reserves the right to charge an administration fee for removing or returning bins, and fees for disposal of waste remaining in bins at the end of contract.

6.4 The Council reserves the right to charge an administration fee for changes to the contract requested by the customer. Current pricing is available in the Customer Portal.

7.1 If a service is required by a Customer involving vehicle movement otherwise than on the public highway, the Customer shall afford reasonable, safe, and adequate access and space in which loading and unloading operations, delivery, and collection may be carried out without risk of damage to the vehicle, its driver, or its load and without obstruction to the public highway.

7.2 The driver of a vehicle providing such a service shall be deemed to be under the control of the Customer, and the Customer shall be solely responsible for any accident or damage caused by the weight of the vehicle or its load or any cables, drains, and other service manholes, roads, paths, or any other property on, above, or below the surface of the land and shall indemnify the Council against all claims in respect or legal liability arising therefrom.

7.3 The Council reserves the right to refuse to carry out any service if it considers that the service required might place at risk any person, goods, vehicle, or property.

7.4 The Customer is responsible for any loss or damage caused whilst the container is on hire. The Customer shall be responsible for providing and maintaining insurance to the reasonable satisfaction of the Council in respect of all containers supplied to it by the Council. Charges will apply for the replacement of damaged bins, outside of reasonable wear and tear, and lost or stolen containers.

8.1 Except for defects in the service which shall be notified by the Customer to the Council in writing within 14 days after the date of the service, the Council shall not be liable for any defect in the service whether due to any act, neglect, default of the Council or its servants or agents or otherwise, and all warranties and conditions express or implied are hereby excluded.

8.2 In particular (without prejudice to the generality of the foregoing), the Council shall not be liable for any such claim, loss, or damage resulting from:

8.2.1 Any circumstances arising outside the reasonable control of the Council.

8.2.2 Any instruction given by or any act or omission of the Council or its servants or agents.

8.2.3 Any inherent or latent defect which the Council could not reasonably discover or rectify.

8.2.4 Any material breach by the Customer of any of the Council’s conditions hereof required to be observed or performed by the Customer.

8.3 The Customer shall give the Council every reasonable opportunity to replace, repair, or rectify any defects in the service.

8.4 The Council shall in no circumstances be liable for loss of profits, or of contracts, or for consequential loss of any kind whatsoever.

8.5 In the event of a defect of service, where it is agreed to be at the liability of the Council suitable credit will be made on the next regular invoice to the Customer.

8.6 The Council shall only be liable to return and refund stock delivered to any customer in the last 90 days. Full evidence of purchase will be required before any refunds are considered.

8.7 Nothing herein contained is intended to affect nor will it affect any rights of the Customer under the Unfair Contract Terms Act 1977.

9.1 The Customer shall indemnify the Council against any loss or any damage to any container occurring or caused during the continuance of the Contract with the Customer unless caused directly and solely by the Council’s negligence.

9.2 The Customer shall indemnify the Council against claims for which the Customer is legally liable or for any additional cost arising out of the use of any container or the breach by the Customer of any of the conditions hereof required to be observed or performed by the Customer.

Any condition contained in a Customer’s order which conflicts with any of these conditions shall be deemed to be inapplicable to any order placed with the Council unless expressly agreed by the Council in writing when acknowledging an order.

The Customer shall not be entitled to assign or transfer the benefits of this contract.

12.1 The Council reserves the right to suspend the service to the Customer if any of the following conditions apply:

12.1.1 If any legal requirements are not complied with, in particular section 34 of the Environmental Protection Act 1990 and the Workplace Recycling Law (Wales)

12.1.2 If amounts owing to the Council are outstanding after 28 days of the date for payment.

12.1.3 The terms and conditions of the contract are not complied with, and the Customer does not digitally sign their WTN within the agreed parameters.

12.1.4 Any abusive or unreasonable behaviour towards a Council employee.

12.1.5 Notification that a direct debit has been cancelled

12.2 In the event that the Council suspends the service to the Customer, the Council will continue to charge the Customer the going rate for the collection service and reserves the right to make a reasonable charge for the removal and replacing of containers.

12.3 Any outstanding fees or payment owed to the Council the Council shall suspend service and the Customer shall be pursued for the payment and shall owe reasonable charges to the Council; and the Customer enters administration or insolvency, or enters into liquidation (whether compulsory or voluntary) or makes an arrangement for the benefit of creditors, or ceases or threatens to cease to carry on business the Council has the right to suspend service.

13.1 The Contract shall commence on the first date of the Contract Period and shall continue until terminated by either party in accordance with these Conditions.

13.2 The contract will automatically be renewed for 12 months on the anniversary date in the absence of any notice.

13.3 The Customer may cancel the service(s) by giving 90 days’ notice in writing to the Council. The Customer will be liable to pay for service till the end of the 90 days.

13.4 The Council may cancel the service(s) at any point giving 14 days’ notice in writing to the Customer.

14.1 The Council will invoice customers one month in arrears.

14.2 All payments for services provided under this contract must be made via direct debit. The Customer agrees to set up and maintain a valid direct debit mandate for the duration of the contract. Failure to do so may result in the suspension of services until a valid direct debit mandate is established.

14.3 As stated in Section 3, the Customer shall be liable for any charges relating to:

14.3.1 Excess Weight

14.3.2 The removal of additional or Contaminated Waste

14.4 The Customer shall pay all invoices issued to it by the Council by their respective due date as expressly stated within each invoice raised.

14.4.1 If the Customer fails to make any payment on the due date the Council shall, without prejudice to any other rights set out within this Contract and/or implied by the law, be entitled to suspend the Services.

14.4.2 In the event that any invoice is unpaid by the due date, the Council reserves the right to begin legal proceedings in line with the wider Council processes. Failure to pay may result in additional recovery charges and action.

14.5 Disputes must be raised within 28 days for investigation. Statutory timescales will apply.

14.6 Duty of Care charges will be refunded if raised with in the 90-day notice period.

14.6 Scheduled collection will be charged on attendance of crew to the site.

14.7 Charges will still apply if:

14.7.1 Waste is not presented

14.7.2 The Container(s) is/are empty

14.7.3 The Container is overloaded

17.7.3 The Crew are unable to gain access.

14.8 Charges will continue to apply if the service is not ceased in writing.

14.9 In the event that a limited company or individual has applied to Companies House to strike off and dissolve their business, the Council reserves the right to object to the removal, enabling them to continue with debt recovery proceedings. 14.9.1 A full list of the conditions required to pursue the above can be found in section 1004 and section 1005 of the Companies Act 2006.

14.10 All outstanding debt will be pursued in line with the six-year limitation, as detailed under Section 9(1) of the Limitation Act 1980.

Any times, days and dates quoted for the Council to deliver the Containers and/or undertake the Services are approximate only and time shall not be of the essence of the Contract.

16.1 The Council shall not be liable to the Customer nor deemed to be in breach of the Contract by reason of any past performance, delay and/or failure in performing, any of the Council’s obligations in relation to the provision of the Containers and/or the Services if the part performance, delay and/or failure was due to any cause beyond the Council’s control. Without prejudice to the generality of the foregoing, the following shall also be regarded as causes beyond the Council’s reasonable control:

16.1.1 Act of God, explosion, flood, adverse or severe weather conditions, fire or accident;

16.1.2 war of threat of ware, sabotage, insurrection, malicious damage, civil disturbance, riot or requisition;

16.1.3 import or export regulations or embargoes;

16.1.4 strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Council or a third party);

16.1.5 difficulties in obtaining raw materials, labour, fuel, transport, staff, parts or machinery;

15.1.6 power failure, breakdown in plant or machinery, or operational difficulties relating to traffic, machinery, sub-contractors and/or suppliers.

16.2 Any communications, notices or service documentation from the Council shall be sent in electronic form. Where reference is made to written correspondence from customers, electronic form is considered acceptable.

16.2.1 The expectation from the Council is that the Customer shall take reasonable steps to ensure relevant contacts are registered on the Customer Portal and updated where necessary

16.2.2 Once registered on the Customer Portal, all those registered shall have access to information, and the ability to take actions on the account. Multiple contacts are therefore added at the Customer’s discretion.

16.3 The failure of the Council to enforce or to exercise at any time or for any period of time, any term of or any right pursuant to this Agreement, does not constitute and shall not be construed as, a waiver of such term or right and shall in no way affect the Council’s right later to enforce or exercise it.

16.4 Customers can have a cooling-off period of 14 working days from commencement of the agreement. During this period, the customer can cancel the contract. Where the retrieval of containers is required, the customer will be liable to pay a fee.

16.5 Failure of the Customer to digitally sign their Duty of Care Waste Transfer Note on initial start of contract, renewal, or contact amend thereafter, shall result in the service automatically being put On-Stop.

· Containers should not be stored on the highway, outside of collection times, unless otherwise agreed.

· No rubbish should be burned in containers, and no fires should be started or permitted.

· Containers should not be removed from the premises without prior written consent from the Council.

· Customers should allow access for inspection, testing, adjustment, repair, or replacement of containers.

· Customers may provide access codes for secure refuse storage areas, which will be held securely on an in-cab device. Keys and access fobs will not be carried as standard. Where the need does arise, the Council accepts no liability for any loss/damage or otherwise of keys and access fobs.

· Containers should be readily available at the time of collection specified to the customer on commencement of the contract.

· Customers should provide safe and adequate access for vehicle movement and loading/unloading operations.

· Customers are responsible for any loss or damage caused while the container is on hire.

· Customers are expected to register on the Customer Portal to manage their services.

· Service emails will be sent to the Primary Contact via the Customer Portal as part of standard communication.

· Customers must also sign their Duty of Care, which forms the contract with Cardiff Council Trade Waste within the specified timescale, within the Portal, to ensure that services continue.