Business waste terms and conditions

These conditions shall apply in all cases where bulk refuse containers are hired from Colchester City Council and/or refuse is collected by the Council under the terms of this Agreement. 

1. Container Hire/Refuse Collection charges are subject to an annual review.  Accounts are issued twice a year and payment is due in advance and must be settled before the date due, unless paying by Direct Debit.  Non payment within this period or contravention of the terms of the Agreement specified below may result in the removal of containers (where hired) and the termination of refuse collection services without notice. 
2. Late or failed payments may result in service suspension and/or bin removal where the container is hired from the Council. If a customer would like their bins returned and/or for services to be recommenced, a re-signing fee of £62.30 will be required to be made in advance.  
3. A Duty of Care must be completed and returned with this contract to the Council at the address and/or email address overleaf.  The charge for the Duty of Care will be included on the invoice you will receive for the hire/empty of the bins.  
4. The Container Hire/Refuse Collection service is only intended for the storage and collection of suitable wastes from certain household, commercial and industrial premises.  The service may only be used for storage and collection of waste for which a Controlled Waste Transfer Note (Duty of Care) has been completed, as required by the Environment Protection (Duty of Care) Regulations 1991 
5. The customer is advised that waste such as builder's materials, large pieces of metal, timber etc, should not be placed in the refuse container as these wastes can cause personal injury to the collection crew and damage the container and collection vehicle.  Liquid wastes are also unacceptable as they are liable to spill from the collection vehicle.  Hazardous waste of any type and electrical items should never be placed in the bins. 
6. New recycling regulations under The Environment Act 2021 require businesses to separate food waste from non-recyclable waste. The food waste container must not be contaminated with any material other than food. If the food waste container is contaminated, the customer will be charged their normal food collection fee plus a refuse empty fee of £15. 
7. The practice of burning any items in the containers is strictly prohibited. 
8. Where Council owned containers are hired, the Council is responsible for maintenance (excluding the cleaning of the containers), but any damage caused through the misuse of the containers will be recharged to the hirer.  It is the hirer's responsibility to ensure that all hired containers are adequately insured to cover any claim arising from the loss of or damage to the container.   
9. The hirer will also indemnify the Council against any claims for injury to person or property arising directly from the hire of the container and/or services being carried out by the Council under the terms of this contract (excluding any liability for death or personal injury caused by our negligence)  
10. Container bins should not be overloaded, and it is your responsibility to ensure that a container does not exceed 500kg in total weight as this would exceed the lifting capacity for our collection vehicles. If this weight is considered to be exceeded, any collection might be refused or if a collection is attempted (without limiting your responsibility to ensure the weight restriction is not exceeded) you will be charged on a full indemnity basis for the costs for repairing any damage caused to our vehicles and any associated costs or expenses that we reasonably incur.    
11. All rubbish should be within the bin and the lid closed. If a customer presents waste over the top of the bin or side waste, waste will be removed however you will be charged an extra empty. 
12. It is the customer's responsibility to ensure that a safe and proper means of access to the container(s) is maintained to facilitate emptying and that any container not hired from the Council is maintained in a condition which is completely satisfactory to the Council. The container must not obstruct a footpath (1.25m gap minimum clearance) 
13. The Council shall be under no obligation to empty a container specified in this contract in the event of any contravention of these requirements or any other circumstances that are beyond our reasonable control as determined by the Council. 
14. You agree that the Council, or its contractors, will have the right to enter the customer's premises with such workmen and/or vehicles as necessary for the purpose of carrying out the agreed services and/or repairing and/or recovering any hired container. 
15. The customer shall give the Council at the address overleaf, one month's notice in writing of any changes in any of the details given in this Agreement, including any intention to cancel the Agreement or close or vacate the premises. Any amendments to this Agreement will be subject to the customer’s balance being up to date and paid in full.  
16. The Council must be informed of any changes to Company Name, Directorship or Ownership straight away as a new Agreement is required. 
17. The Council’s maximum liability to you (excluding any liability for death or personal injury caused by our negligence or any valid insurance claims that can be made under the terms of the Council’s incurrence policies (where the terms of the insurance policy will apply)) will not exceed the charges to be paid by you over a twelve month period.
18. The Council reserves the right to alter or amend these conditions as circumstances require, or to cancel the Agreement, on giving the customer one month's notice in writing of its intention to do so.