Existing business waste and recycling customers

The client who has made the request for the removal of waste from the premises agrees to the terms and conditions set out below:

1. The charge for this service is made on 1 April each year. Payment is made by direct debit in 4 instalments - 1 April, 1 July, 1 October and 1 January over the financial year.
2. The council reserves the right, at any time, to increase its charges in respect of the provision of all or any of the said waste facilities, by giving to the client 28 days' notice of such increase and the operative date when the said increase shall come into effect.
3. A container provided is, and remains, the property of Hillingdon Council at all times. The client is responsible for the replacement cost of the container if it goes missing or is stolen.
4. 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 consequential loss arising from the signing of this agreement.
5. The container 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 container by the client.
6. The client must take the following steps to keep any container in good order:

a. The container must not be overloaded above the maximum weights listed below:

- 360 litre general waste container = 40kg

- 1,100 litre general waste container = 100kg

- 1,280 litre general waste container = 110kg

- 1,100 litre recycling container = 100kg

- 140 litre food waste container = 50kg

Loading the container above the maximum weight listed above will render it impossible to be lifted and emptied by the council's normal waste collection methods. The customer will bear any cost incurred to remove overloaded containers.

b. The lid must be kept closed other than when the bin is being loaded or unloaded. The lid must be kept clean and in good repair.

c. No items should be burned, or allowed to burn, in the container.

d. No markings showing that the container is the property of the council should be removed.

Any damage caused to the container must be reported to the council by the client in writing immediately. The client will be asked to pay for cost of repair or replacement of any part of the bin that arises, except where the damage arises out of wear and tear or from handling by council employees or agents.

7. The client must place the waste presented for collection in a position agreed by the council for it to be accessible to the collection crew and vehicle, and ensure it is 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.
8. The client must ensure that the container lid is closed prior to the collection. If the lid is left open, or the container overloaded, this may result in a non-collection. No refunds or credits will be made by the council in these circumstances.
9. The client must only present municipal solid waste for collection. 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.

10. Recycling containers must only contain recyclable materials as stipulated on the council's official website. If the council should find any non-recyclable materials inside the container, this will render the container unserviceable, and collections will be suspended until the items have been removed. The client is responsible for ensuring that the offending materials are removed from the container and that the council is notified to resume collections. The council cannot be held responsible for non-collections in these circumstances, and no refunds or credits will be made by the council should this occur.
11. The client must return the relevant Duty of Care documentation to the council.
12. The client shall have the right to cancel this agreement at the end of any quarter by giving the council's Waste Services Department at least 28 days written notice prior to the end of that quarter.
13. 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.
14. The council has the right to terminate this agreement with immediate effect if:

i. the terms of health and safety regulations, or any similar relevant legislation, be breached by the client or

ii. any insolvency or bankruptcy proceedings are commenced against the client.

15. The council reserves the right to terminate the agreement by sending written notice if the client defaults on the payment of the said charges or otherwise is in breach of the agreement or any of the terms and conditions above.
16. 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.
17. Upon termination or cancellation of this agreement (howsoever occasioned):

iii. It shall be lawful for the council employees or agents to enter any premises which are then occupied by the client where the container is kept recovering any such container.

iv. The said charges shall be apportioned, and the client allowed a refund of overpaid charges in respect of any unexpired period of the current annual charge period and in calculating the amount of any such refund due to the client the council may deduct any cost in respect of repair, replacement or cleansing deemed necessary by the council in accordance with the provisions of paragraph 6 of these terms and conditions.

v. The council reserves the right to amend or terminate agreements, as regard to new pilot schemes, such as special collections and/or recycling schemes, by the council giving at least 28 days' written notice of amendment or termination to the client.

18. The cancellation or termination of this agreement shall be without prejudice to the council's right to recover from the client any payment due to the council.
19. 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.
20. Any amendments to this agreement must be made in writing to the council's Waste Services Department and will be subject to the same terms and conditions listed above.