Standard Terms and Conditions for Waste
These Conditions, together with the other Contract Documents, set out the Terms and Conditions on which we will provide Services to you at the Property or Properties where you use our Services (being the Contract). These Conditions were last updated on 28/3/22 and are effective from 31/3/2022.
Certain words or phrases used in these Conditions are highlighted in bold and italics. This means that we have given those words or phrases specific meanings, which are set out in Condition 11. In this document, ‘you’ or ‘your’ refers to you, our customer, and ‘we’, ‘us’ or ‘our’ refers to Everflow Limited (company number 09651912).
1) The Contract
a)
Your Contract with us begins on the Contract
Start Date. These Conditions apply from the
Contract Agreed Date. They then continue
until the Contract End Date in accordance with
Condition 4.
b) In the event that there is any conflict or
inconsistency between your Contract and these
Conditions then these Conditions shall have
precedence.
c) 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.
d) 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) Our charges
a)
You will find our Charges, and the basis on
which we work out our Charges, in your Contract.
b) The following Conditions apply to your
Charges:
Where the weight of your bin exceeds the amount
stated in your Contract by less than 10% you will
not be charged. If the weight of your bin exceeds
the amount stated in your Contract by more than
10% on two occasions in any six month period
you will not be charged. If the weight of your
bin stated in your Contract exceeds the weight
stated in your Contract by more than 10% 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 to
upgrade the relevant bin, provide an additional
bin or bins or increase the frequency of your bin
collections. We will contact you to discuss the
most appropriate option but in the absence of
any agreement the Contract will, subject to you
exercising your right under clause 4 (d), be varied
in our sole discretion and 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. We will be notified of overweights by the
supplier, who will complete the below checks at
every collection;
i. Weigh the bin when it is first placed onto the
vehicle;
ii. Weigh the bin at the point of tipping;
iii. Weigh the bin and the weight of its contents
when they are tipped.
d) 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.
e) If a contaminated bin(s) is uplifted, the supplier
will have sole discretion on how to dispose
of waste in contaminated bins. If it has to be
disposed of at a different waste facility these
costs will be chargeable to you at the current
supplier rates.
f) If your collection is missed due to access
to your bin being made unavailable 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 clause 4(e). 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 2 (d) and is the sole fault of
the supplier, then you will not be charged for that
missed collection.
g) 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:
i) recovering unpaid Charges;
ii) you failing to allow access to a Property under
Condition 5e; or
iii) any unauthorised removal of, obstruction of, or
damage to bins
h) All our Charges will also have UK tax or duty charged on them, including VAT at the current rate, where applicable.
3) Payment
a) 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.
b) Your billing date will be based on your
Contract Start Date and your first bill will be for
1 months’ collection service in advance, unless
stated otherwise in your Contract. To facilitate
your payment process we will provide our invoice
at least 3 Business Days prior to the collection
date.
c) All bills must be paid by Direct Debit, unless
previously agreed by us in writing.
d) If your Direct Debit is cancelled and not
reinstated within 5 Business Days without our
express permission in writing, we can require
you to pay using another payment method.
The amounts charged in accordance with
your Contract will be increased by 5%, or £10
per month, whichever is greater, to cover the
additional administrative costs incurred by
accepting payment by a method other than
Direct Debit.
e) Unless we have agreed otherwise in writing,
you must pay your bill in full within 10 Business
Days of the date of that bill. We have the right
to suspend waste collections until payment
is received. If no payment is received within
a further 7 Business Days we will terminate
the Contract and any outstanding debt will be
pursued.
f) If you disagree with your bill you must contact
us and provide details of why you disagree and/
or any complaint before your invoice is due for
payment. Where there is evidence that your bill
was incorrect at the time of issue we will agree
that you do not need to pay the Charges until
we have investigated and corrected any error. If
we do not agreed that you have a valid reason
for withholding payment then you will be liable
to pay 5% of the outstanding Charges under the
disputed invoice or £10 whichever is greater to
cover additional administrative costs incurred due
to payment being withheld and any investigation,
reissue of invoice or similar.
g) If you do not pay your bill (or the part of it
you do agree with) by the invoice due date, we
will 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.
h) Disputes will be investigated and determined
in writing and all amounts to be paid following
investigation shall be paid in accordance with
Condition 3(f).
i) If you fail to make payment in full within 10
Business Days on at least three occasions and
this is not as a result of failure on our part to
provide you with an accurate and timely bill,
then the prices charged in accordance with
your Contract will be increased by 5%, or £10
per month; whichever is greater; to cover the
additional administrative costs incurred due to
persistent late payment.
j) Charges will be adjusted to reflect any
additional cost under Conditions 3d, 3f, and 3g.
We do not have to give you notice to do this and
the change will take place immediately.
k) If your bank fails to honour a payment for
any reason, we may change the payment
arrangements immediately (e.g. from Direct
Debit to BACS) and or suspend the Services.
You will then be responsible for paying all
Services supplied in line with the new payment arrangements, together with all other costs
we must pay in connection with the new
arrangements.
4) Ending the Contract.
a) The Contract can only be ended in accordance
with this Condition 4.
b) After the Contract End Date, the Contract will
be automatically renewed for another 12 months
unless you give us more than 30 days’ notice that
you wish to exit the contract prior to the Contract
End Date. Such notice cannot be given until you
are within 120 days from the Contract End Date.
c) If the Contract is automatically renewed
pursuant to Condition 4b, your new Contract
End Date will be 12 months after the previous
Contract End Date. You will automatically be
switched to the prices outlined in your renewal
letter which we will send you 90 days prior
to the existing Contract End Date. It is your
responsibility to notify us if you do not receive
a renewal letter.
d) If you end the Contract before the end of your
Contract End Date, for any other reason than that
you have gone into administration then you will be
liable to pay a fee. The fee will be the equivalent
of 3 months of collection charges. If there is a
supplier charge for the removal of your bin (s) at
this time this charge will be passed to you at the
supplier rates.
e) We reserve the right to terminate your
Contract if you fail to make payment within
17 Business Days of the due date of payment
and/or you fail to ensure that’s we and/or our
suppliers have access to the premises to supply
the Services. In these circumstances the fees as
outlined in Condition 4d will apply.
f) 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.
g) It is your responsibility at the end of Contract
to make the bins accessible for collection by the
supplier.
h)
Any outstanding payments must be paid in full
as due under this Contract.
i) The accrued rights and obligations of the
parties at the date of termination shall survive the
termination of this agreement.
5) Ownership of your bins
a) 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.
b) At no point will we or you own the bins, they
are owned by the supplier(s).
c) It is your responsibility to make sure that the
bins are safe and securely stored.
d) We require the bins to be located in positions
agreed with us and not move them from those
locations without our prior agreement
e)
You will allow us and our suppliers unrestricted
vehicle access to the bins to, empty remove or
replace the bin(s).
f)
You must ensure that the bins are stored in
compliance with any laws, planning consents,
lease, licence or other occupier’s obligations.
g)
You are responsible for ensuring that the bins
do not cause an obstruction or nuisance to any
third party
h)
You agree to permit us or our suppliers to
inspect the bin(s) at a reasonable time during the
hours of 8am and 6pm.
i)
You agree not use the bin(s) in a way that is not
permitted by statue, bye laws, rules or regulations
or for any illegal purpose.
j)
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 bins.
k)
You will not place the bin(s) in a location where
you do not have permission to locate them.
6) Waste Collection Service
a)
We appoint Waste Collection supplier(s) who
are fully licensed waste carriers. We will inform
you of who your appointed waste provider(s) is/
are prior to your bin(s) delivery date.
b) 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.
c) At our discretion we may appoint multiple
suppliers to perform Services.
d) If you choose to appoint another waste
provider, no transfer of the existing Contract with
us will have occurred even in instances where we
agree to work with them.
e) Services may be suspended in instances
when:
(i) 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.
(ii) you have failed to make payment outlined in
Condition 3 (e) and 3 (k).
(iii)
you have failed to return a compliant Waste
Transfer Note within 5 Business Days as outlined
in Condition 7(c).
7) Duty of Care waste transfer note
a) You are required to comply with the Control of
Pollution Act 1974, the Environmental Protection
Act 1990, Environmental Permitting (England and
Wales) Regulations 2016 and any other laws and
regulations relevant to the Services.
b)
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 Business Days
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.
c) 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.
d)
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.
e)
Only consign waste to bins which is compliant
with waste transfer notes, EWC waste codes and
any description of waste suitable for that bin.
f)
You agree:
(i) to pay all additional costs and changes as
invoiced to you
(ii)
You will allow our nominated supplier(s) to
provide the services on our behalf
g)
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) Our Responsibility for loss or damage
a)
Except as set out in Condition 8d, we will not
be responsible to you for:
i)
loss of revenue (direct or indirect);
ii)
loss of profit (direct or indirect);
iii)
loss of contract (direct or indirect);
iv)
loss of anticipated savings; (direct or indirect);
v)
business interruption (direct or indirect);
vi)
any special, consequential or indirect loss,
however it is caused, even if it could have
reasonably been foreseen; or
vii)
any other loss or damage (including but not
limited to the bins themselves).
b)
Subject to Conditions 8a, 8c and 8d, the most
we will pay you will not exceed the total amount
you have paid us under the Contract.
c)
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.
d)
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.
e)
If the Contract ends, this Condition 8 will
continue to apply
f)
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.
g)
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) Personal information
a)
We will comply with all the applicable
requirements of Data Protection Legislation.
b)
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) General
a)
The Contract and any written variation of
the Contract constitute the entire agreement
between us.
b)
You may not transfer any of your rights or
responsibilities under the Contract to another
person without our advance written permission
c)
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.
d)
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.
e)
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.
f)
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.
g)
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.
h)
If any part of these Conditions cannot be
enforced, it will not affect any other part of the
Conditions.
i)
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
Wynyard Business Park Billingham
TS22 5FG
j)
The law of England and Wales will apply to the
Contract and any disputes will be dealt with in
the English Courts.
h)
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.
11) General
Business Day – a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charges – The amount payable by you for Services as specified in your Contract with us including the Retail Charge and the Collection Charges.
Collection Charges – the collection charges set by our Supplier(s) for collection of the bins which form part of the Charges.
Conditions – the Terms and Conditions set out in this document
Contract Agreed Date – the date you agree to enter into the Contract with us either verbally or in writing.
Contract Documents – these Conditions, quote summary, contract schedule and Charges.
Contract Start Date – the date specified in your contract schedule as your Contract Start Date.
Contract End Date – the date specified in your contract schedule as your Contract End Date (which will usually be 1 year after the Contract Start Date) or as calculated in accordance with Condition 7h.
Contract – your contract with us, which sets out
the specific terms of our agreement with you,
may have been formed orally, in writing or through
the waste online quoting platform. If it has been
formed orally, we will always send you a contract
confirmation in a welcome email. All contracts are
subject to these Conditions and are made up of
the Contract Documents.
Data Protection Legislation – the UK Data Protection Legislation and relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
Deemed Contract Terms and Conditions – the conditions which apply in circumstances where there is no other contractual agreement in place between us and a customer receiving our Services.
Outstanding Debt– a debt which has been outstanding for 14 days or more, where a revised payment date has been offered and not met, and where no valid query on the Charges due has been accepted for investigation by us within that 14 day period.
Personal Data– has the meaning given to it in the Data Protection Legislation.
Property – a premises you own, lease or otherwise occupy.
Services– Waste collection services and other services which we may provide to you from time to time as agreed in writing.
Retail Charge – a fixed proportion of the Charges per year of the term of the Contract forming part of the Charges.
UK Data Protection Legislation – all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/ EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.