Trade waste terms and conditions

The Customer shall:

•  Ensure that the terms of the Order and any information it provides is complete and accurate.
• Provide the Council, the Contractor and their employees, agents and consultants with access to the Customer's premises, as reasonably required.
• Place the Trade Waste Containers in positions of easy access for collection. The Customer shall provide reasonable, safe, adequate access and space in which loading and unloading operations can be carried out. Collections must be carried out without, risk to the drivers, its loaders or damage to the vehicle without obstruction to the public highway.
• Only use the Trade Waste Containers for the disposal of commercial waste produced at the Customer's premise.
• Bag all Trade Waste, including within the Trade Waste Containers.
• Not use the Trade Waste Containers for the disposal of anything other than Accepted Waste as outlined in the Duty of Care Waste Transfer Note. This includes, but is not limited to, Excluded Waste, metals of any description, builder's materials (including asbestos and plasterboard), liquids including engine and food oils.
• Not overload the Trade Waste Containers either in terms of volume or weight, nor load them in a manner which makes disposal unsafe. The Services will not be undertaken if in the reasonable opinion of the Council, the Trade Waste Containers have been left in any way described in this Condition.
• Indemnify the Council in respect of all damage or injury to person or property and against all actions, suits, claims, demands, costs, charges and expenses arising in connection with the presence of the Trade Waste Containers on or about the Customer’s premises.
•  Comply with all applicable laws, including health and safety laws.
• Keep the Trade Waste Containers at the Customer's premises in safe custody at its own risk, maintain the Trade Waste Containers in good condition until returned to the Council, and not dispose of or use the Trade Waste Containers other than in accordance with the Council's written instructions. The Customer shall be liable for any damage caused to the Council’s mobile compaction equipment as a result of disposing of waste which is Excluded Waste.
• The Trade Waste Containers shall remain the property of the Council. Any identification marks indicating that the Trade Waste Containers are the property of the Council shall not be removed or interfered with. The Council retains the right to inspect the Trade Waste Containers at random, and if found to be removed or interfered with, the Council may replace or repair the Trade Waste Containers at the Customer’s cost. 
• The Trade Waste Containers shall not be removed from the collection address. If the Customer wishes to change the collection address and/or the collection point, the Customer must request this in writing to the Council giving 28 days’ notice. The Council will review the request and provide a response within 5 working days.
• The Customer shall at their own expense keep the Trade Waste Containers clean and/or disinfected, in good repair and condition (fair wear and tear expected), wheels should be oiled and kept free from obstruction.
• The Customer shall report to the Council as soon as possible any faulty or damaged Trade Waste Container to allow time for any necessary repair or replacement.
•  Ensure that the Council, its staff, agents and sub-contractors shall not suffer any abuse, whether physical or verbal in the provision of the Services to the Customer.
• In the event the Council does without knowledge collect Excluded Waste, the Customer shall be liable for the full cost of any additional charges incurred by the Council in disposing of the Excluded Waste, according to the Council’s Fees detailed as a Contamination Charge.
•  The Council will monitor acts of contamination; each act of contamination will result in a formal written warning being issued by the Council up to a maximum of three written warnings within a six-month period, after which the Contract will be terminated without notice to the Customer. 
• All waste presented must be contained within the Trade Waste Containers with all lids shut and not to the side or on top of the Trade Waste Containers; any waste that is not inside the containers with the lid shut will be classified as side waste and will be charged separately, according to the Council Fees detailed as a Side Waste Charge.
• The Customer must provide the Council with at least 28 days’ written notice if the Customer’s business is sold or transferred. The Customer will be liable for all costs and outstanding invoices.

If the Council's performance of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

• the Council shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Council's performance of any of its obligations.
•  the Council shall not be liable for any costs or losses incurred by the Customer arising directly or indirectly from the Council's failure or delay to perform any of its obligations as set out in this clause 4; and
•  the Customer shall reimburse the Council on written demand for any costs or losses incurred by the Council arising directly or indirectly from the Customer Default.