Terms and Conditions of Hire/Service for Waste Service Contract.
Waste Service Contract and Controlled Waste Transfer Note Document detailing specifics relating to the collection provided by Trikon and fulfilling the role of Duty of Care Statement.
Duty of Care Statement
Has been prepared from information provided by the Customer.
The wheelie bin or container provided to hold the waste – this will remain the property of Trikon throughout the period of the contract.
Day of Transfer
This is the day of the week on which the collection will take place. Trade waste collections operate Monday to Saturday and on Bank Holidays (excluding Christmas Day, Boxing Day and New Years Day) and it is the Customers responsibility to inform Trikon of any holiday closures and non required services.
Type of Waste
This description should comply with the Environmental Protection Act 1990 – any change in the Type of Waste specified in the Duty of Care Statement provided by the Customer must be immediately notified to Trikon in advance of any such change to enable an updated Duty of Care Statement to be provided by Trikon.
Temporary Suspension of Facilities
No visit being made on the scheduled ‘Day of Transfer’ or the visit being made but the collection service not being carried out.
Services to Begin Date
The date on which the initial emptying of the ‘Bin’ will take place.
Duration of Contract
(a) This contract shall be for a minimum of 12 months from the ‘services to begin’ date specified on the ‘Waste Service Contract and Controlled Waste Transfer Note’ and shall continue thereafter for a further 12 months unless terminated by the Customer by them giving Trikon 90 days written notice.
(b) In the event of either a breach by the Customer of the Terms and Conditions of this contract (including, without limitation, any failure to notify a change in the Type of Waste) or the Customer making any Voluntary Arrangement with its Creditors, being the subject of an Administration Order, becoming bankrupt or going into liquidation, Trikon may terminate this agreement without notice.
(c) Trikon may terminate this contract at any time by giving the ‘Customer’ 30 days written notice.
(d) Trikon price reviews will be conducted once a year, for implementation on 1st April. Trikon will write to the Customer at least 30 days prior to the 1st April each year detailing the revised pricing.
(e) Interim price reviews may be conducted where there are significant increases in costs imposed on Trikon. Trikon will always give 30 days notice in writing to the Customer of any such increases.
(f) Trikon reserves the right to amend the ‘Day of Transfer’ and will notify the Customer accordingly.
(g) Payment terms are strictly 30 days net or by Direct Debit – in most cases payment will be collected by Direct Debit. If payment is by Direct Debit the Customer will be notified by a statement of account from Trikon of the amount to be collected in advance of the payment being deducted. Trikon reserves the right to request payment up front equal to an average of 3 months collection
charges – such up front payment being renewed on a rolling basis.
(h) All charges are subject to VAT at the prevailing rate.
Temporary Suspension of Collections
(i) Where a ‘Temporary Suspension of Collection’ is necessary for whatever reason, Trikon will continue to charge for collections as if they had taken place.
Any period of temporary suspension will be deemed to form part of the contract period and will not extend that contract period.
(j) Trikon may temporarily suspend collections where the Customer fails to make payment on the due date until the payment arrears have been brought
back into line.
(k) Trikon may temporarily suspend collections where the Customer fails to leave the ‘Bin’ ready and fit for collection. Where a collection is not made,
(excluding clause j) Trikon will collect on the next available day.
(l) The Customer may not suspend collections without notice as determined in (a) above – either permanently or for an interim period.
Responsibility of the Customer
(m) From the time of placing to the time of removal, the ‘Bin’ is in the control and custody of the Customer. During this time the Customer is responsible for loss or damage to the ‘Bin’ however caused. Loss or damage must be reported without delay to Trikon and is a chargeable cost. Failure to provide timely notification of such damage or loss may cause additional charges to be
(n) The positioning of the ‘Bin’ is the responsibility of the Customer and consideration should be given to safety and potential hazards to Customer and Trikon personnel and to the public from such positioning.
(o) The Customer must not overfill the ‘Bin’. Failure to be able to close the lid on the ‘Bin’ renders it not ready and fit for collection. The Customer must remove
contents of the ‘Bin’ to enable the lid to close properly. Trikon reserve the right to charge additional costs for any overweight ‘Bin’ and waste.
(p) The Use of Bin Compactors or similar device is not permitted.
(q) The Customer will not place hot materials or cause a fire to take place in the ‘Bin’.
(r) The Customer must ensure that the correct ‘Type of Waste’ is placed in the ‘Bin’. Should the ‘Bin’ be contaminated with any other ‘Type of Waste’ Trikon reserve the right to make additional charges.
(s) Liability to members of the general public, arising from the use of the ‘Bin’, is the responsibility of the ‘Customer’ and they should have adequate insurance in place. Domestic users should check that their householders policy is adequate to cover their own legal liability to the public.
(t) Trikon will not be responsible in any circumstances for any damage to private property. Trikon shall be under no liability whatsoever to the Customer for any damage howsoever caused whilst the collection vehicle is off the highway.
(u) The Customer must ensure access to the ‘Bin’ is clear and that once on site ‘Trikon shall be able to service the ‘Bin’ in a reasonable amount of time, that being 10 minutes. Should there be any delay after this time the driver may leave site and charges will still apply.
(v) A transport charge will apply for swapping or re-siting of any ‘Bin’.
(w) The Customer will indemnify Trikon and its affiliates and their officers, employees and agents against all claims, demands or actions, howsoever arising in respect of a ‘Bin’ or its contents or damage caused to a bin (fair wear and tear excluded) throughout the period of the contract without prior agreement.
(x) It is the responsibility of the Customer to maintain the cleanliness of the ‘Bin’ under the Environmental Health Act 1990. Trikon offer a clean bin exchange service for which charges will apply.
Exclusivity of Service
(y) Trikon shall exclusively provide to the Customer the services specified on the ‘Waste Service Contract and Controlled Waste Transfer Note’.
(z) The rights and obligations of the customer under this agreement shall be personal and shall not be assignable without the express consent of Trikon.
The contracts (rights of third parties) act 1999 shall not apply to this agreement.
All payments made by the customer under this agreement shall be made in full without any set-off or counter-claim whatever and the time of payment shall be of the essence of this agreement.
Any sums which are not paid by the due date shall thereafter attract interest on a daily basis at a rate 4% per annum above the base lending rate for the time being of Barclays Bank plc. Without prejudice to Trikon’s other rights in respect thereof, if the customer defaults in payment by the due date of any amount invoiced for the service. Trikon shall be entitled to withhold further performance of the agreement until all arrears have been discharged by the customer.
The customer shall not be entitled to dispute any payment made. The customer agrees that Trikon’s records will be proof of the service provided. Without prejudice to any other rights of Trikon, if there is or there arises reason to doubt that amounts due from the customer will be paid in full then Trikon reserves the right to require payment in advance before commencing or continuing the service, or at its sole discretion Trikon may terminate the agreement forthwith.
Where the charge per lift is based on an assumed weight Trikon may revise the assumed weight (and consequently and proportionately the charge per lift) at any time if it reasonably believes that the actual weight per collection is less than or greater than the assumed weight.
Trikon may charge and the customer shall pay to Trikon the wasted journey charge.
Delivery Access Unloading and Return
The customer shall provide suitable access to the collection site, a suitable area for siting the equipment and suitable facilities for turning the vehicle around.
The driver of the vehicle may in his absolute discretion refuse delivery if he believes that access to the collection site or turning facilities are unsafe or likely to cause damage to the vehicle or if there is any reason to believe that the proposed area for siting the equipment is unsuitable.
Performance Dates and Force Majeure
Trikon will use reasonable endeavours to meet the dates for collection (which shall be working days unless expressly agreed otherwise between Trikon and the customer) but shall not be liable for late performance or delay in performance of the service and delays shall not entitle the customer to rescind the agreement.