Commercial Agreement Terms & Conditions For The Provision Of Recycling  & Waste Services

Definitions

This agreement stands as a contract between the parties Brightwaste Ltd (trading as Brightwaste, hereafter referred to as the Provider) and the Party named on the front page (hereafter referred to as the Client). In this contract, term meanings as follows:

Contract

These terms and conditions together with the Commercial Agreement.

Standard Collection Charge

The price charged for the service is outlined in the Commercial Agreement.

Commercial Agreement

The agreement between the provider and client outlines the type/level and frequency of service to be provided.

Premises

The addresses where the services provided as set out in the Commercial Agreement.

Review Period

The period during which we will notify you of the price and terms that will apply for the next Fixed Price period or after the term of the fixed price contract.

Contract

This contract is between The Client and the Provider for the provision of recycling and waste collection services for the fixed term shown. This contract will run continually unless you are at the end of the Contract, in accordance with these terms and conditions. **

The terms of this Contract apply from the date of the commencement shown on the contract at Point of Sale. The supply of services to any premises is subject to receipt of a signed copy of the Commercial Agreement.

The agreement is for an initial period between 12 months and 36 months as stated in the agreement and will continue on a 12- month renewal basis until termination is given in writing. Termination notice must be served to the Provider by the Client no more than 90 days but no less than 60 days prior to the expiration of the agreement in place or the anniversary of the renewal.

If there is any delay in commencing the provision of services to your premises due to circumstances outside of our control, we will not be liable for any costs you may incur.

If you agree to this contract for a limited company, partnership or other organisation, you confirm that you have the necessary authority. If you are a sole trader, you confirm that you are over the age of 18.

If you are a partnership or other organization, you and the other partners or officers will be jointly and severally liable under this contract.

Scots Law governs this contract if the site in question is based in Scotland, otherwise law applies to the location of the specified site. Nothing in it affects your statutory rights. We, or any of our associated companies, may enforce any provision of this contract in which we/they have rights. You may not assign this contract without prior consent from us. We may transfer our rights and obligations in these Terms and Conditions to another company. If we do so this contract will remain as stated.

Changes to these Terms and Conditions

We reserve the right to make changes (other than changes in price which are explained in paragraph 5) to these terms and conditions by giving you written notice. If we make a change that is significantly to your disadvantage, you will have an opportunity to end the contract (in accordance with Paragraph 3) before the change applies.

Ending the Contract/Changing Supplier

You will be responsible for ending the contract unless we cancel the contract due to nonpayment of charges by you or due to physical changes at your premises which mean the service can no longer be provided on a permanent basis. You will be liable for the full replacement costs of any bins/recycling facilities not returned to the Provider following you canceling your contract.

Price

Your price is based on the information supplied in the Commercial Agreement. The price may be subject to change if this information proves to be inaccurate, if new sites are added, or there are significant changes in recyclate volumes from your site/s.

Unless specifically stated as a one-off collection on your Commercial Agreement all contracts are on a non-fixed term basis. Your price is for the set services as laid out in our commercial agreement, any additional services also referred to as one off collections will be charged separately and added to your quarterly or monthly invoice and billed quarterly or monthly in arrears. There may be a further charge for Weights/Co2 data or Waste Transfer Notes – these will be discussed and agreed at Point of Sale

Our prices are reviewed annually in alignment with landfill tax and other costs. There will be a charge for any bin swap in the course of the agreed contract. Lockable bins carry a £15 one off charge, and replacement keys can be purchased at cost. Full charges apply even when the account is suspended for nonpayment of overdue invoices. Overweight and Contamination charges will be incurred from time to time and the requirements to avoid these costs will be shown in the agreement

Payment

Our terms are strictly 30 days by Direct Debit – this will be agreed and arranged at Point of Sale. Clients are invoiced for fixed term contracts quarterly in advance, or monthly in advance. New clients coming on stream in mid quarter will be invoiced pro rata for that quarter.

The Provider reserves the right to charge an additional 5% on all outstanding balances if you fail to settle your account within the due date.

Assets

Any collection vessels provided by the Provider will remain our property unless you have elected to pay for them outright and providing that your account has been settled.

In the event of the contract being cancelled, the Provider retains the right to charge full replacement rates for any assets not

returned. It is the client’s responsibility to co-operate with the Provider in their attempts to recover any assets.

Unless caused by the Provider, you will be liable for the cost of repair and replacement for any damage to the assets provided as part of this or any other contract you have with the Provider.

Site Changes

If you move premises, wish to add new sites or change sites you must inform us no less than 30 days prior to changing the collection address/es. Failure to do so may cause disruption to your service which the Provider cannot accept responsibility for. Any additional costs involved e.g. delivery of new/additional assets, increased mileage due to non-notification etc. will be charged to the Client at cost.

Brightwaste Service Level (the Provider will):

• Adhere to the collection types and frequencies as agreed
• Treat your assets and premises with respect
• Ensure appropriate insurance & licenses are in place
• Always respond to Client enquiries and requests
• Train our staff to be efficient and effective
• Ensure we have adequate equipment to provide a service

Client Service Compliance

• Keep recyclates separate and avoid any contamination
• Ensure bins etc. are easily accessible on collection days
• All recycling must be in the agreed collection point ready for collection
• Report any problems with assets, service etc. to the Provider
• Take overall responsibility for the tidiness of the collection area, keeping it free from trip or slip hazards
• Pay their bills on time and in the manner agreed
• Adhere to the Terms and Conditions as laid out herewith

Client Service Compliance

Contamination and excess weight charges will apply. Contamination occurs when items are placed in your bins or bags which are not appropriate to the service being provided e.g. food waste must never be put into your recycling bins or bags, even fruit peel and cores count as food waste and glass should never be put into your general waste. If you are in doubt, we will be happy to review your service to help you avoid contamination charges. The charges will be applied dependent on the levels and types of contamination and will vary accordingly. General waste bins are charged on an estimated weight of 70kg per 1100ltr bin, excess weight is charged at 20p per kilo. A comprehensive list of max bin weight guides and contamination charges is available on request.

Fines or Charges by councils

Brightwaste does not accept liability for any fines or charges levied by councils for non-collection of waste and recycling.