Customer's Obligations

The Customer shall:

  • (a) Ensure that the terms of the Order and any information it provides is complete and accurate.
  • (b) Co-operate with the Council in all matters relating to the Services.
  • (c) Provide the Council, the Contractor and their employees, agents and consultants with access to the Customer's premises, as reasonably required.
  • (d) Provide the Council with such information and materials as the Council may reasonably require to supply the Services and ensure that such information is complete and accurate in all material respects.
  • (e) Place the Trade Waste Bins in positions of easy access for collection. The Customer shall afford 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.
  • (f) Only use the Trade Waste Bins for the disposal of commercial waste produced at the Customer's premise.
  • (g) Not use the Trade Waste Bins for the disposal of anything other than the waste outlined in the Duty of Care Waste Transfer Note. This includes but is not limited to, Hazardous Waste, metals of any description, builder's materials (including asbestos and plasterboard), glass or liquids including engine and food oils.
  • (h) Not to use the recycle sacks for the disposal of anything other than paper and card in purple sacks and plastic bottles and tins in pink sacks. No other recyclables are accepted in the recycling sacks.
  • (i) Only commercial waste produced at the Customer's premises is to be placed in the Trade Waste Bins provided by the Council.
  • (j) To keep the lids of the Trade Waste Bins closed when not in use.
  • (k) Not overload the Trade Waste Bins 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 Bin has been left in any way described in this Condition.
  • (l) 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 therewith occasioned indirectly by the presence of the Trade Waste Bins on or about the Customers premises.
  • (m) Comply with all applicable laws, including health and safety laws.
  • (n) Keep the Trade Waste Bins at the Customer's premises in safe custody at its own risk, maintain the Trade Waste Bins in good condition until returned to the Council, and not dispose of or use the Trade Waste Bins other than in accordance with the Council's written instructions or authorisation.
  • (o) The Customer shall at his/her own expense keep the Trade Waste Bins clean and/or disinfected, in good repair and condition (fair wear and tear expected), wheels should be oiled and kept free from obstruction.
  • (p) The Customer shall report to the Council as soon as possible any faulty or damaged Trade Waste Bin to allow time for any necessary repair or replacement.

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):

  • (a) without limiting or affecting any other right or remedy available to it, 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;
  • (b) the Council shall not be liable for any costs or losses sustained or 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 4.2; and
  • (c) the Customer shall reimburse the Council on written demand for any costs or losses sustained or incurred by the Council arising directly or indirectly from the Customer Default.