(Unless otherwise stated, ‘we’ and ‘our’ refers to the North Devon Council and ‘you’ and ‘your’ refers to the commercial enterprise using our commercial waste services)

Financial information:

  1. We will undertake a credit checks on you if you are not a limited company when you request a new or amended contract, which has any element of financial credit
  2. We will only set up an account or contract once we have completed our credit checks and approved your finance
  3. We require payment in advance for our commercial waste blue refuse bags and red cardboard labels before you collect them, or we send them to you
  4. We require you to pay for any new applications for commercial waste and / or recycling containers by invoice, BACS, debit or credit card, cheque or Direct Debit (subject to credit check). We do not accept cash payments. In some cases we may, as a result of credit checks, require you to pay a deposit or make a full payment in advance of us providing any services
  5. We will, by rare special arrangement, provide ad-hoc services with a retrospective payment for an amount collected (for example, for a festival or concert)
  6. If you should default on any payment (for example you default on a Direct Debit payment at any point, or your cheque is referred to drawer), you must immediately pay any outstanding balance to us. Your failure to do so risks us removing your containers after a further seven days and ceasing all collections regardless of payments received. (We reserve the right to make a single container delivery charge to return containers, should you recommence payments after seven days)
  7. You must make payments to us within 28 days of the date of we send your invoice; our prices exclude VAT, as VAT is not applicable for commercial waste services. Your failure to do so risks us removing your containers after a further seven days and ceasing all collections
  8. If you make repeated changes to your contract arrangements with us, this will incur additional administrative fees

Responsibilities

  1. We will arrange to collect the agreed waste and recycling as specified in our contract with you for a minimum period of 12 months, in a rolling annual contract
  2. Only after payment, will we arrange for you to collect, or post out to you our commercial waste blue refuse bags and red cardboard labels
  3. We will provide you with a unique customer / commercial waste reference number on your new or amended contract and / or agreement form. In turn, you must provide us with full address and information of where you want us to collect your waste from (and a billing address, if different). You must also provide any company registration number; SIC code (Standard Industrial Classification code – a five-digit code registered against your company name on the Companies House web page), the name of a contact person(s), a daytime telephone number and an email address
  4. You will present the agreed type of waste or recycling container(s), within the agreed period for collection, as stated within your contract with us. The containers will be accessible for us to collect and be at a reasonable and safe distance from road access. If required, we will assess and agree such suitability (or otherwise) on site and will not collect from locations we deem unreasonable or inaccessible. We may charge you an additional fee where we cannot make collections due to access problems, which may result in us having to make repeat or a return collection(s)
  5. Your waste will not contain any hazardous waste, or raw meat
  1. You will store the waste on your premises and not present it on the streets / road until after 6pm on the night before we are due to make a collection and always by 7am on the day we are due to make a collection
  2. We reserve the right not to collect uncontained or contaminated waste or recycling. If, after a recycling collection, we discover your waste is contaminated and we need to dispose of it as landfill waste, this may result in us making an additional charge to you
  3. You must not overload any containers we have provided to you; bin lids should be closed and you must adhere to any weight limits we specify. If you are in breach these conditions, we shall issue a warning to you at the first occasion. If this should reoccur (for recycling items), we may pass on a landfill waste charge to you. On any third occasion within an annual contract period, we reserve the right to cancel our contract with you, or (for recycling contracts) convert the contract to a refuse contract and charge you a higher rate for your waste collection and disposal
  4. Any equipment we provided you with remains our property. You are responsible for insuring any containers in your possession against any defacement, accidental damage or loss, however caused whilst you hire or use it. You will inform us of any loss or damage immediately and we may hold you responsible for the full cost of replacement, if the container is lost, stolen or damaged beyond repair
  5. You must report missed collections and / or faults to us as soon as you become aware of them, if we are at fault, we will aim to return within five working days
  6. You agree to provide contact details for a named individual who is authorised to sign the ‘Controlled Waste Transfer Note’ (CWTN). You agree they will return this information to at the beginning of a new or changed contract with us. Any late return may incur us making an additional administrative charge and / or us postponing any of your collections until it is received. We will provide you with a copy of the CWTN for your records, showing your SIC code, which you should retain for inspection purposes
  7. You should read these terms and conditions in conjunction with the ‘frequently asked questions’ and commercial waste pages of our website. These contain details about our services, including acceptable waste, what goes where guides and legal obligations
  8. Should more than one company or trader share the contract with us, you must notify us. You must provide us with details as we request them so we may issue those companies / traders a CWTN. Whilst we have no objection in principle to you sharing containers or contracts, we will make an administrative charge for each additional CWTN(s)
  9. We shall not be under any liability to you in respect of any failure by us to carry out, or delay in us carrying out any of our obligations attributable to any cause of whatever nature outside of our reasonable control
  10. No failure or delay by us to exercise any right, power or remedy will operate as a waiver, nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy
  11. The rights and obligations under the contract are personal to you and shall not be assigned or transferred by you without our prior written consent
  12. If any term or provision in the contract shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of the contract
  13. The Contract shall be governed by and construed in accordance with the law of England and Wales and you and we agree to submit to the exclusive jurisdiction of the courts of England and Wales

Variations and terminations

  1. We reserve the right to update the terms and conditions of the contract at any time. We will notify you as soon as practicable and our changes will be enforceable immediately upon publication on our website
  2. Any changes either of us wish to make to the size or type of containers or their collection frequency must be agreed in writing in advance by both authorised representatives of both parties. If you request these changes, we reserve the right to make additional administrative charge(s)
  3. We may terminate the contract at any time in the event of breach by you, or in the event of you making any voluntary arrangement with our creditors
  4. We may terminate the contract if you are the subject of an administration order, or become bankrupt, or have a receiver appointed or go into liquidation
  5. You may terminate your account immediately, or give us three month notice period before the end date. In either case, you are required to supply us with written confirmation of your wish to terminate the contract. In both cases you will be subject to paying a three month termination fee, or 40% of your un-expired fee, whichever is the greater
  6. In all cases, we reserve the right to terminate the contract where a breach of contract has taken place, in the event of non-payment or failure to return your CWTN and we may remove container(s) from your site. In these circumstances you shall be liable for our charge(s) for the removal, cleaning and any subsequent return of the container(s)
  7. We reserves the right to vary our charges or make such operational changes as we deem necessary. We will endeavour to give you a minimum of one month’s written notice, except in circumstances where we are unable to do so such as extreme weather conditions, industrial action, acts of God or when our services may be suspended or delayed without notice