Standard Terms and Conditions for Waste

1.1.

Your Services with us begin on the Services Start Date. These Conditions apply from the Contract Agreed Date. They then continue until the ContractEndDate in accordance with Condition 4.

1.2.

In the event that there is any conflict or inconsistency between your Contract and these Conditions, then these Conditions shall have precedence.

1.3.

You acknowledge and agree that we are entitled to amend the terms of any of the Contract Documents at any time provided that we give at least 30 days’ notice of any material changes. Our notice to you will specify the effective date of the relevant amendment(s), and you will be deemed to have accepted any such amendment(s) on the effective date unless you tell us otherwise.

1.4.

A Contract may only apply to a single distinct Property and a Contract will not apply to multiple Properties.  Where you have multiple Properties for which you require the Services, then you will need to enter into a separate Contract per Property.

2.1.

You will find our Charges, and the basis on which we work out our Charges, in your Contract.  

2.2.

The following Conditions apply to your Charges:

2.2.1.    Exceeding the waste limit – Where the weight of your bin(s) exceeds the amount stated in your Contract by less than 10% you will not be charged. If the weight of your bin(s) exceeds the amount stated in your Contract by more than 10%, but not more than 50%, on two occasions in any six month period you will not be charged. If the weight of your bin(s) stated in your Contract exceeds the weight stated in your Contract by more than 10%, but not more than 50%, on three or more occasions in any six month period you will not be charged for any of these excess but we reserve the right to vary your Contract (under the circumstances set out in the Varying the Contract section below) to upgrade the relevant bin(s), increase the weight limit of your bin(s), provide an additional bin or bins or increase the frequency of your bin collections, or terminate. 

2.2.2.    If the weight of your bin(s) exceeds the amount stated in your Contract by more than 50% at any time, disposal of the excess will be charged at your Supplier’s rate, and we reserve the same aforementioned right to vary your Contract.

2.2.3.    We will be notified of waste exceeding the limit by the Supplier, who will complete the below checks at every collection;

2.2.3.1.    Weigh the bin when it is first placed onto the vehicle;

2.2.3.2.    Weigh the bin at the point of tipping;

2.2.3.3.    Weigh the bin and the weight of its contents when they are tipped.

2.3.

Varying the Contract – We will contact you to discuss the most appropriate option(s) to varying your Contract. If you do not respond to any of our attempted methods of contact within 7 days  of our first attempt, irrespective of your reasons why, we will suspend the Services for 30 days. If you still do not contact us during the 30-day Services suspension period, we reserve the right to vary or terminate the Contract in accordance with Condition 4.6 in our sole discretion. In the event of variation, you will pay for any additional bin capacity or collections as the case may be at the rate set out in our Contract with you.

2.4.

If waste is placed in a bin and it is not listed in the waste transfer note and/or is not intended for disposal in that bin, the Supplier may in its sole discretion either refuse to collect the contents of the bin or will remove the waste and you shall pay all additional costs of disposal or the contaminated waste stream price whichever is the higher which we will notify to you where appropriate. Refusal to collect will not be classed as a missed collection.

2.5.

If a contaminated bin(s) is uplifted, the Supplier will have sole discretion on how to dispose of waste in contaminated bin(s). If it has to be disposed of at a different waste facility these costs will be chargeable to you at the current Supplier rates. If the contaminated bin(s) causes, directly or indirectly, any of the Supplier’s disposal unit(s) to become contaminated, the reasonable costs the Supplier pays for replacing, cleaning, and/or decontaminating the disposal unit(s) will be chargeable to you and payable to the Supplier immediately.

2.6.

If your collection is missed due to access to your bin being made unavailable for any reason for the collection vehicle a re-scheduled collection will be chargeable at current Supplier rates and we reserve the right to terminate the Contract in accordance with Condition 4.5. We do not guarantee a re-scheduled collection by the Supplier. This will be solely dependent on the Supplier’s availability of services to your supply site address. If the Supplier misses your collection but this is not due to access to the bin being unavailable or any of the reasons set out at Condition 2.3 and is the sole fault of the Supplier, then you will not be charged for that missed collection.

2.7.

In addition to our Charges, we may also recover our reasonable costs if you fail to keep to your responsibilities under these Conditions. These may include, but are not limited to, costs in connection with:

2.7.1.    Recovering unpaid Charges;

2.7.2.    You failing to allow access to a Property under Condition 5.5; or

2.7.3.    Any unauthorised removal of, obstruction of, or damage to bins.

2.8.

All our Charges will also have UK tax or duty charged on them, including VAT at the current rate, where applicable.

3.1.

You agree to pay us for the Services you receive and to pay any other Charges properly due in connection with these Conditions. Your Contract specifies when and at what frequency your payments must be made.

3.2.

Your billing date will be based on your Services Start Date and your first bill will be for 1 months’ collection service in advance, unless stated otherwise in your Contract.

3.3.

3.4.

3.5.

3.6.

3.7.

If you do not pay your bill (or the part of it you do agree with) by the invoice due date, we may charge you a late payment fee and we may charge you interest at the rate of 8% a year above the Bank of England bank rate from the day after your invoice due date. You can ask us for our policy on charging interest. In addition, we may also charge our reasonable costs for recovering any money you owe us that becomes overdue.

3.8.

3.9.

3.10.

3.11.

4.1.

The Contract can only be ended in accordance with this Condition 4.

4.2.

4.3.

4.4.

4.5.

4.6.

We reserve the right to terminate the Contract.  We will provide you written notice at which time any Services that you have paid for in advance will be refunded to you.

4.7.

4.8.

4.9.

5.1.

We will arrange for the delivery of bin(s) once we have appointed a waste Supplier and we will provide notice to you of the delivery date(s). There will be no delivery charge. This is not a contract for hire.

5.2.

At no point will we or you own the bins, they are owned by the Supplier(s).

5.3.

It is your responsibility to make sure that the bins are safe and securely stored.

5.4.

We require the bins to be located in positions agreed with us and not move them from those locations without our prior agreement.

5.5.

You will allow us and our Suppliers unrestricted vehicle access to the bins to empty, remove, or replace the bin(s).

5.6.

You must ensure that the bins are stored in compliance with any laws, planning consents, lease, licence, or other occupier’s obligations.

5.7.

You are responsible for ensuring that the bins do not cause an obstruction or nuisance to any third party.

5.8.

You agree to permit us or our Suppliers to inspect the bin(s) at a reasonable time during the hours of 8am and 6pm.

5.9.

You agree not to use the bin(s) in a way that is not permitted by statute, laws, rules or regulations, or for any illegal purposes.

5.10.

We will not be responsible for any damages caused to any property and vehicle belonging to you or third parties, by reason of delivery or use of the bin(s).

5.11.

You will not place the bin(s) in a location where you do not have permission to locate them.

6.1.

We appoint Waste Collection Supplier(s) who are fully licensed waste carriers.  We will inform you of who your appointed waste Supplier(s) is/are prior to your bin(s) delivery date.

6.2.

The waste Supplier(s) are responsible for the collection of your waste and provision and delivery of the bins and we are responsible for arranging that delivery and collection of your bin(s) and waste only.  The risk and waste ownership does not pass to us.

6.3.

At our discretion we may appoint multiple Suppliers to perform Services.

6.4.

If you choose to appoint another waste Supplier, no transfer of the existing Contract with us will have occurred even in instances where we agree to work with them.

6.5.

Services may be suspended in instances when:

6.5.1.    Your appointed Supplier is unable to carry out any of its obligations under this Agreement because of conditions beyond its reasonable control, including, acts of God, and similar occurrences (“Force Majeure”). This Agreement will remain in effect and the non-performing party’s obligations shall be suspended without liability for a period equal to the period of the continuing Force Majeure;

6.5.2.    You have failed to make payment outlined in Condition 3.5. and 3.11.;

6.5.3.    You have failed to return a compliant Waste Transfer note within 5 Business Days as outlined in Condition 7.3.

7.1.

You are required to comply with the Control of Pollution Act 1974, the Environmental Protection Act 1990, Environmental Permitting (England and Wales) Regulations 2016.

7.2.

We will send an annual waste transfer note to you to complete and sign. We will require you to return the transfer note within 5 BusinessDays of it being received and you will sign any further waste transfer notes provided to you by us or the Supplier within 5 Business Days of receipt.  There will be no charge for this.

7.3.

We may suspend Services where you do not sign the annual waste transfer note. Transfer notes are required under the Environmental Protection Act 1990, and must be completed each year or when Services are changed or where you have submitted a non-compliant waste for collection.

7.4.

You must to provide an accurate and comprehensive list of all wastes produced by your business and the applicable EWC waste codes for that waste. 

7.5.

Only consign waste to bins which is compliant with waste transfer notes, EWC waste codes and any description of waste suitable for that bin.

7.6.

You agree:

7.6.1.    To pay all additional costs and Charges as invoiced to you;

7.6.2.    You will allow our nominated Supplier(s) to provide the Services on our behalf.

7.7.

We will take no responsibility for any breaches that result in additional costs, expenses, waste disposal charges and losses arising as a result of your breach of this Contract. 

8.1.

Except as set out in Condition 8.4, we will not be responsible to you for:  

8.1.1.    Loss of revenue (direct or indirect);

8.1.2.    Loss of profit (direct or indirect);

8.1.3.    Loss of contract (direct or indirect);

8.1.4.    Loss of anticipated savings; (direct or indirect);

8.1.5.    Business interruption (direct or indirect);

8.1.6.    Any special, consequential or indirect loss, however it is caused, even if it could have reasonably been foreseen; or

8.1.7.    Any other loss or damage (including but not limited to the bins themselves).

8.2.

Subject to Conditions 8.1., 8.3., and 8.4., the most we will pay you will be limited to the lower of £50,000 or 12 months’ charges paid to us under the Contract. 

8.3.

If any act or failure to act by Suppliers causes any loss or damage to you, we will limit our liability to you (if any) to the amount (if any)that we are entitled to recover from Suppliers.

8.4.

Nothing in the Contract excludes or limits our legal responsibility for death or personal injury resulting from our negligence or that of any of our officers, employees or agents, or for fraud or fraudulent misrepresentation or anything else we are not able to legally limit by law.

8.5.

If the Contract ends, this Condition 8 will continue to apply.

8.6.

We will not be responsible for any damage caused to any property and vehicles belonging to you or third parties, by reason of the use of the bins.

8.7.

We will have no liability for lost or damaged bins at any time and you are solely responsible at all times for the bins and their loss and/or damage.

9.1.

We will comply with all the applicable requirements of Data Protection Legislation.

9.2.

If you require any further information about how we collect, process and store your Personal Data, please see our privacy policy as set out on our website.

10.1.

The Contract and any written variation of the Contract constitute the entire agreement between us.

10.2.

You may not transfer any of your rights or responsibilities under the Contract to another person without our advance written permission.

10.3.

Except as set out in these Conditions, no variation to the Contract shall be effective unless it is in writing and signed by both parties,  or our authorised representatives.

10.4.

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between us; constitute either of us as the agent of the other; or authorise either of us to make or enter into any commitments for or on behalf of the other.

10.5.

The Contract does not give rise to any rights to any party who is not a party to this Contract (Rights of Third Parties) Act 1999.

10.6.

If, at any time, we are informed of a regulatory investigation you will be obliged to provide all documents and take all reasonable steps to assist us in our response at your sole cost and expense.

10.7.

If, at any time, we do not insist that you comply with any part of the Contract, this will not be a waiver of any term of these Conditions and will not prevent us from doing so in the future.

10.8.

If any part of these Conditions cannot be enforced, it will not affect any other part of the Conditions.

10.9.

We may serve any notice in connection with the Contract by leaving it at your last known address or place of business (in the case of a company, at its registered office) or at any Property covered by the Contract, in each case addressed to you, or by post addressed to you at any Property covered by the Contract or by fax to your last known fax number or by email to your last known email address. You may serve any notice in connection with the Contract by leaving it at, or posting it to:

Everflow Limited
Traynor Hub (t2)
Traynor Way
Peterlee
County Durham
SR8 2RU

10.10.

The law of England and Wales will apply to the Contract and any disputes will be dealt with in the English Courts.

10.11.

If there is a change of any relevant law, regulation, or rule which affects the terms of this Agreement, the parties agree to discuss details of measures and changes needed to this Agreement to comply with such changes of relevant law, regulation or rule and agree on the manner, form and timing of changes promptly to enable implementation of such changes and amendment to this Agreement only insofar as is necessary to comply with the such change of relevant law, regulation or rule.