Business Waste Contract Terms & Conditions
- Who is Your Service Provider
The Service Provider is North West Recycling Ltd (NWR), company number 06145068, with registered address: Unit A, Kingmoor Park, Rockcliffe Estate, Carlisle, CA6 4RW.
- Definitions
In this contract:
• References to “we”, “us”, or “our” means NWR; and
• References to “you” or “your” means the Customer identified in the Business Waste Contract Schedule.
- Key Terms
For the purposes of this contract:
• “Contract Value” means the total charges payable by you for the Initial Contract Term, unless otherwise specified.
• “Container Delivery Date” means the date on which the bins are delivered to your premises.
• “Scheduled Service Day” means the agreed collection day for your waste services.
• “Initial Contract Term” means the period from the Container Delivery Date to the Price Review Date in your Business Waste Contract Schedule.
- Contract Commencement and Renewals
(a) The contract will commence on the Container Delivery Date and will continue until the Price Review Date specified in your Business Waste Contract Schedule. This period forms the Initial Contract Term.
(b) Unless the contract is terminated earlier in accordance with Clause 11, it will continue for the full Initial Contract Term. Following the Initial Contract Term, the contract will continue on a rolling basis, subject to three (3) months’ written notice.
(c) On or after the Price Review Date, we may review our pricing and implement reasonable and proportionate increases to reflect changes in our operational costs. If we decide to increase charges, we will provide you with no less than thirty (30) days’ written notice.
(d) Your continued use of the services after the Initial Contract Term will constitute deemed acceptance of these Terms and Conditions (including any updated pricing notified to you under Clause 2(c)).
(e) If you currently hold an active contract with another service provider, we will use reasonable efforts to assist you in transitioning your service to us. However, you remain solely responsible for any termination obligations, penalties, or costs associated with your existing contract.
(f) You have a 14-day cooling-off period from the date you sign this contract, during which you may cancel without penalty.
- Your Waste
(a) In accordance with the Environmental Protection Act 1990, all businesses that produce waste must complete a Waste Transfer Note (WTN). We will issue you with an annual WTN for completion, which will evidence compliance with legal and regulatory requirements.
(b) You must sign and return the WTN to us within seven (7) days of receiving it. If you fail to return a valid and signed WTN before your first scheduled collection date, we may suspend or refuse to provide the services until it is received.
(c) By signing the WTN, you agree and confirm that you will:
• Review all information contained within the WTN, and immediately notify us of any inaccuracies so that a corrected version can be issued
• Comply with the Control of Pollution Act 1974, the Environmental Protection (Duty of Care) Regulations 1991, and all other applicable environmental laws and regulations.
• Place only the permitted waste types listed on the WTN into the relevant containers supplied.
• Ensure that waste is segregated correctly, and that no prohibited, hazardous, restricted, or contaminated waste is placed in any container, unless otherwise agreed in writing.
• Ensure that waste presented for collection does not exceed the permitted weight limits, volume limits, or frequency of collection agreed in your Business Waste Contract Schedule.
(d) You acknowledge and accept that you are responsible for the waste you produce and present for collection. You agree to indemnify and keep NWR indemnified against all costs, claims, losses, fines, penalties, liabilities, and reasonable professional fees that arise due to your failure to comply with this Clause 3, including any resulting disposal, treatment, or rectification costs.
- Our Service and Our Bins
(a) We will use reasonable endeavours to collect your waste on the Scheduled Service Day. However, collection times are not of the essence, and collection cannot be guaranteed on a specific date or time. If we are unable to collect your waste as scheduled, we will attempt to notify you using the contact details in your Business Waste Contract Schedule and will endeavour to collect on the next available service date.
(b) On each Scheduled Service Day, you must ensure that:
• All waste is placed inside the correct bins; and
• The bins are easily and safely accessible to our collection vehicle(s) and crew.
We may refuse or suspend collection if you do not comply with this Clause 4(b)
(c) We may refuse, suspend, or cancel a collection where we reasonably believe that proceeding might:
• Be unsafe;
• Cause or risk injury, death, or damage to any person or property; or
• Result in any civil or criminal liability for you, us, or a third party.
(d) We shall have no liability for any costs, delays, penalties, or losses incurred by you as a result of us refusing or suspending the services in accordance with Clause 4(a), 4(b) or 4(c).
(e) Our service and operational records, shall be conclusive evidence of whether the services were provided unless you can provide clear evidence to the contrary.
(f) Where you request additional collections or services outside the agreed Scheduled Service Frequency, we may charge additional fees at our prevailing rates.
(g) We will provide the bins and deliver them to your premises on or before the Service Commencement Date stated in your Business Waste Contract Schedule for use throughout the Initial Contract Term and any Renewal Period.
(h) Delivery of the bins shall be deemed accepted by you on the Container Delivery Date. You must ensure that a responsible person is present to receive the bins and that all necessary access, consents, permissions, licences, and authorisations are in place to safely deliver and position the bins.
(i) The bins shall remain our property at all times, and you shall have no right, title, or interest in or to, the bins, save for the right to possession and use of the bins subject to the terms and conditions of our contract.
(j) You shall be responsible for the risk of loss, theft, damage, contamination or destruction of the bins from the Container Delivery Date and for the entire duration of the Initial Contract Term, including any Renewal Period.
- How Much You Can Put in Your Bins
(a) You must not exceed the Weight Allowance stated in your Business Waste Contract Schedule. If the weight of any bin or collection exceeds this allowance, we may apply Excess Weight Charges.
(b) Where you regularly exceed the Weight Allowance limit, we may recommend and/or implement one or more of the following, each of which will be chargeable at our prevailing rates:
• Increasing the collection frequency; and/or
• Supplying additional bins or different capacity bins.
(c) If you continue to produce excess waste, we may increase your monthly invoice to reflect the additional costs associated with handling, transporting and disposing of that excess waste. This will be calculated using the Excess Charge per KG (or equivalent) specified in your Business Waste Contract Schedule.
(d) If you do not agree to the additional charges or revised invoicing set out above, we may terminate the contract by giving you thirty (30) days’ written notice. No early termination fee will apply; however, you must pay the collection fee per bin/container to cover the cost of:
• Collection and safe removal of the bin(s);
• Cleaning and refurbishment (if required); and
• Disposal of any remaining waste.
- Collecting Your Bins
(a) If you believe that a Scheduled Collection has been missed, you must notify us in writing within seven (7) days of the Scheduled Collection Day. Notifications must be sent by email to info@nwrecycling.co.uk. We may be unable to investigate or take action regarding reports made after this time period.
(b) Where we verify that a Scheduled Collection was missed (other than due to a failure or breach by you), we will rearrange the collection and aim to collect any excess waste on the next Scheduled Collection Day at no additional charge. This shall be your sole and exclusive remedy for a missed collection, and we shall not be liable for any associated or resulting losses, claims, costs, damages, charges or expenses you may incur.
(c) We will use reasonable endeavours to ensure that waste is removed from your premises on the Scheduled Collection Day, or, if this is not possible, on an alternative collection date as soon as reasonably practicable.
- When We Will Not Collect Your Bins
(a) We may immediately suspend the Services, without prior notice if you fail to:
• make any payment that is due to us by the required payment date; or
• sign and return a valid WTN that we have issued to you (for clarity, if you do not return the WTN before the Service Commencement Date, we will not commence collections until it has been completed and returned).
(b) If your Services are suspended in accordance with Clause 7(a), you will have:
• thirty (30) days from the date of suspension to pay all overdue sums in full; and/or
• seven (7) days to return a valid signed WTN, in line with Clause 3(b).
- Seasonal businesses
If you operate on a seasonal basis and are only open for part of the year, you may request that the Services are temporarily suspended for an agreed period. Any suspension must be agreed in writing by us in advance. During the suspension period, where our containers remain at your premises, you will be required to pay a Seasonal Rental Charge as specified in your Business Waste Contract Schedule or otherwise agreed.
- Looking After Your Bins
(a) You must notify us immediately in writing if any bin is lost, stolen, damaged, vandalised, contaminated or otherwise not in a serviceable condition.
(b) At all times, you must:
• Ensure that the bins are kept safe, secure, and used appropriately;
• Allow us access to inspect, maintain, repair, replace, or remove the bins;
• Provide safe and unrestricted access to the premises and maintain all permissions, consents, licences, and authorisations required for us to do so; and
• Follow all instructions, guidance and safety requirements provided by us to ensure the bins remain safe and without risk to health.
(c) You must not:
• Move or attempt to move the bins in a manner that prevents safe access for collection or may cause damage, instability or risk;
• Do, or permit anyone else to do, anything that damages, interferes with, restricts, or compromises our ownership, access or rights over the bins;
• Use the bins for any illegal, unauthorised, or hazardous purpose;
• Alter, deface, tamper with, fabricate, modify or remove any parts, markings, components, serial labels or safety features of the bins; or
• Sell, hire, charge, underlet, lend, transfer, dispose of, relinquish possession of, or allow the bins to be seized, confiscated, or taken under any legal or enforcement process.
(d) You must comply with all other usage conditions, policies, instructions and requirements that we provide relating to the bins.
(e) We will not be liable for any damage to buildings, vehicles, surfaces, fixtures, fittings or landscaping arising from the delivery, positioning, movement, or use of the bins unless such damage is directly caused by our negligence.
(f) We will not be liable for damage, loss, or issues arising from matters outside our reasonable control, including (but not limited to) extreme weather, vandalism, accidents, misuse, or negligence by you, your staff, agents, contractors, customers, or members of the public.
- How to Pay for Your Waste Services
(a) Unless otherwise agreed in writing, you must pay for the Services monthly in advance, with payment due on the 15th day of each month (or the preceding Working Day if the 15th falls on a weekend or public holiday). Each payment covers the Services for the following month. Subject to our discretion, we may offer you the option to pay quarterly or annually in advance, in which case the relevant payment dates will be confirmed in your Business Waste Contract Schedule.
(b) We will issue an invoice in accordance with your agreed billing frequency (monthly, quarterly, or annually), showing the amount due, at least five (5) days prior to the date we collect payment by Direct Debit.
(c) Your bins must not exceed the Weight Allowance stated in your Business Waste Contract Schedule. If the weight of your waste exceeds this allowance, we may charge for excess weight at the Excess Charge per KG rate and will invoice you monthly for such amounts. We reserve the right to increase the Excess Charge per KG at any time by written notice.
(d) Upon expiry or termination of the Contract, you must pay a collection fee of £75.00 per bin/container to cover the collection, cleansing, and disposal of any residual waste.
(e) If your account becomes overdue, we may refer the outstanding balance to a debt collection agency or legal representatives, and you will be responsible for, and indemnify us against, all reasonable costs, fees, charges and disbursements incurred in recovering the debt. An administration charge of 3% per invoice may also be applied to cover our internal costs associated with debt recovery.
(f) If a payment is missed or not received by the due date, interest will accrue daily on the overdue amount at a rate of 4% per annum above the prevailing Bank of England base rate until payment is received in full. We may also suspend the Services until all outstanding sums (including interest, charges, and fees) have been paid.
(g) If you wish to query an invoice, you must notify us within thirty (30) days of the invoice date. We may decline to review or amend invoices disputed after this period.
(h) All charges shown on your invoice are exclusive of VAT. Where VAT applies, it must be paid by you at the appropriate rate.
- Ending the Contract
(a) Termination by You
You may terminate the contract by giving us at least three (3) months’ written notice, such notice to expire no earlier than the end of the Initial Contract Term or any Renewal Period.
(b) Early Termination by You
• If you terminate the contract without providing the notice required in Clause 11(a), you will remain liable for a pro-rated portion of charges for the remainder of the contract, calculated as follows:
• Termination within six (6) months of the Contract Start Date: 50% of the contract value;
• Termination within nine (9) months of the Contract Start Date: 25% of the contract value.
• Termination after nine (9) months but before the end of the Initial Contract Term: 10% of the Contract Value.
For the purposes of this clause, “Contract Value” means the total charges payable by you for the Initial Contract Term. Payment must be made within thirty (30) days of termination. We reserve the right to recover additional losses for breach of contract, including amounts exceeding the charges in this clause, if payment is not made in full.
(c) Termination or Suspension by Us
We may terminate the contract immediately or suspend the Services if any of the following occurs:
• Our reasonable health and safety assessment determines we cannot safely provide the Services;
• You fail to make payment when due and do not remedy this within two (2) weeks of a written reminder;
• You deny us access to your premises or fail to obtain required permissions, licences, consents, or authorisations to allow delivery or collection of bins and provision of Services;
• You are unable to pay your debts as they fall due;
• An administrator or liquidator is appointed over your business;
• A winding-up order is made in respect of your business;
• Your financial position deteriorates such that we reasonably believe you cannot perform your obligations;
• Your business undergoes a change of control; or
• You breach any terms of the contract.
• Where termination occurs under this clause, the charges under Clause 11(b) may apply, depending on the circumstances.
(d) Termination by Us with Notice
We may terminate the contract at any time by giving you thirty (30) days’ written notice. If you have paid in advance for Services not yet provided, we will refund the unutilised portion.
(e) Obligations at the End of the Contract
Upon termination or expiry of the contract, you must:
• Pay a collection fee per bin/container to cover the collection, cleansing, and disposal of any residual waste;
• Ensure that all bins supplied by us are available for collection within two (2) weeks of the contract ending.
• If bins are not returned, we may charge you the replacement cost of the bins based on the prevailing rates at the time of collection.
- Safety and Liability
(a) You shall ensure that all bins are placed on a stable, level surface and that clear and safe access is provided at all times to enable us to collect the waste. We reserve the right, at our sole discretion, to refuse to collect any waste located in an area that we deem unsafe.
(b) Clauses 12(d) to 12(f) set out our entire liability to you, whether arising in contract, tort (including negligence), misrepresentation, restitution, or otherwise, and including any liability arising from acts or omissions of our employees. You acknowledge and agree that the limitations and exclusions contained in clauses 12(d) to 12(g) are reasonable and are reflected in the amount of the monthly charges payable by you.
(c) You shall indemnify and keep us indemnified in full against all losses, claims, costs, damages, liabilities, and expenses incurred by us arising out of or in connection with any negligence, breach of these terms, or any act or omission by you, your agents, residents, or employees.
(d) Nothing in these terms shall operate to limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be limited or excluded.
(e) Subject to clause 12(d), our total aggregate liability to you for all claims arising in any calendar year shall not exceed the total amount paid by you for the services in the 12-month period immediately preceding the date on which the claim arose.
(f) Subject to clause 12(d), we shall not be liable to you for any:
• loss of profits;
• loss of sales or business;
• loss of agreements or contracts;
• loss of anticipated savings;
• loss of goodwill or
• any special, indirect, or consequential loss arising out of or in connection with the services.
(g) Except as expressly stated in these terms, all warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Insurance
(a) During the Initial Contract Term and any Renewal Period of our contract and for a period of six years afterwards, you must maintain employers’ liability and public liability insurance, and any other insurance you must have by law. The insurance must be provided by a reputable insurer, noting our interest on the policy and must cover you for £5 million per incident.
(b) You are responsible for the risk of loss, theft, damage, or destruction of the Bins from the date on which they are delivered to your Site until the expiry or termination of this contract. For the duration of the Initial Contract Term and any Renewal Period, you shall be solely responsible for all risks associated with the Bins while they are in your possession, custody, or control (the “Risk Period”).
(c) During the Risk Period, you shall, at your own cost, obtain and maintain:
• insurance of the Bins for an amount not less than their full replacement value against all usual risks of loss, damage, destruction, theft, or accident, together with any additional risks that we may reasonably require you to insure against in writing.
• insurance covering all third-party or public liability risks of any nature, however arising, in connection with the Bins; and
• insurance against any other risks relating to the Bins that are required by law, as well as any further insurance that we may reasonably consider necessary.
(d) We may require copies of your insurance policies in order to comply with our own legal or contractual obligations. If requested, you must provide us with copies of such policies and acceptable evidence of premium payment within ten (10) days of receiving written notice from us.
(e) If you fail to obtain or maintain any insurance required under this clause 13, we may procure such insurance ourselves, pay any premiums necessary to do so, and recover the full amount of those premiums from you as a debt payable on demand.
- Events Outside Our Control
We shall not be in breach of this contract, nor liable for any delay in or failure to perform any of our obligations, where such delay or failure results from any event or circumstance beyond our reasonable control. In such circumstances, the time for performance of our obligations shall be extended for a period of 30 days. If, after this additional 30-day period, we are still unable to perform our obligations, we may terminate the contract by giving you 30 days’ written notice.
- General
(a) A failure or delay by either party in exercising any right or enforcing any term of this contract shall not constitute a waiver of that right or term, nor shall it prevent or restrict the further exercise or enforcement of that or any other right or term.
(b) The contract makes up the entire agreement between you and us and replaces all previous agreements (whether written or otherwise) relating to the services. As far as is allowed by law, each party also agrees that they will have no claim for innocent or negligent misrepresentation based on any statement in the contract.
(c) Waste industry practices and the way we work may change in the future meaning we may need to change these terms. In such instances, we will give you at least 30 days written notice of any proposed changes to allow you the opportunity to object, after which the revised terms will be legally binding if you have not raised any objections during that notice period. If you do object to our proposed changes during the 30-day notice period you must tell us in writing, the revised terms will not be legally binding until you agree to them and for the avoidance of doubt the existing terms shall remain in force. Any changes you want to make to the contract will only be legally binding on us if you provide us with your proposed changes in writing and we sign a revised contract to agree to those changes. These terms will remain in force until the revised terms are agreed, or our contract is ended. Any terms that are intended to remain in force after termination shall do so to the extent legally possible.
(d) This contract is between you and us. No other person has any rights to enforce an of its terms. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute any party the agent of another party, or authorise or make or enter any commitments for or on behalf of any other party.
(e) Each clause of this contract applies separately. If any court or relevant authority decides that any clause is illegal or cannot be enforced by law, this will not affect the remaining clauses, which will still be effective.
(f) We may assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal within any other manner with any or all our rights and obligations under the contract to another organisation (including a member of our group or an affiliate). We will tell you in writing if this happens.
(g) You cannot assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal within any other manner with any or all your rights and obligations under the contract to another organisation or person, without first getting our permission in writing.
(h) For this contract, “written” and “in writing” include by email.
(i) The contract and any dispute related or connected to it will be governed by English law. We both agree that any claim or dispute related or connected to this contract will be under the exclusive jurisdiction of the English courts.
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