1. Application
This agreement is made between The Mayor And Burgesses of the London Borough of Croydon (the “council”) and you (the “customer”). These terms and conditions shall apply to the provision of bin delivery for domestic households (the “services”). No other terms and conditions shall apply to the provision of services, unless agreed upon in writing between the council and the customer.
2. Interpretation
2.1. The “contractor” means an organisation that has a contract with the council to provide the services (or some part of them on the council’s behalf).
2.2. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
2.3. Words imparting the singular number shall include the plural and vice versa.
3. Services
3.1. The council operates a chargeable domestic bin delivery service for 180 litre and 240 litre bins (the “services”) for households across the borough.
3.2. This is a singular charge by the administration for the delivery of replacement, removal, or repair of all domestic containers.
3.3. The standard service will use a 180 litre grey wheelie bin.
3.4. Charges may be subject to annual inflationary increases. All charges are available on the council’s website, under “fees and charges”.
3.5. The container remains the property of the London Borough of Croydon.
3.6. The charge is for single dwelling households and flats with four or less units that use the kerbside household service.
3.7. The council reserves the right to alter the sizes of the collection bins at any time.
3.8. Wheeled bins will only be delivered once the payment via debit or credit card has been processed. Once an order has been made, you will receive a confirmation email.
3.9. The council aims to deliver the wheeled bin within 10 working days (Monday to Saturday) of a cleared payment.
3.10. Wheeled bins will only be delivered to locations within the London Borough of Croydon.
3.11. All waste and recycling are collected on alternate weeks on your allocated collection day (although this may change due to public or bank holidays, or exceptional circumstances). Information about collection days will be available on the council’s website.
3.12. The council, via the contractor, will make every effort to conduct collections on your collection day between 6am and 10pm. However, there may be delays due to events outside of the council’s control.
4. Council obligations
4.1. The council shall ensure compliance with all relevant codes of practice.
4.2. The council shall complete its performance of the services within the time agreed as set out within this agreement; however, time will not be of the essence in the performance of these obligations.
5. Bin delivery and bin maintenance
5.1. If your bin(s) becomes damaged, you must report it to the council. There will be a charge for the removal of a damaged or unwanted domestic bin.
5.2. All wheeled bins remain the property of the London Borough of Croydon.
5.3. Alternative collections of bags or boxes will not be accepted as domestic waste.
5.4. From the completion of delivery, the bin(s) will be the responsibility of the customer. Delivery will be completed when the bin(s) are placed at the property named in your application.
5.5. If, on arrival, it is deemed that your property does not meet the requirements of an eligible property (for example, health and safety issues, a bin already on site, or other anomalies), the bin will not be delivered. In this instance you will not be entitled to a refund.
5.6. If you find that a bin is damaged on delivery, you have the right to request the replacement or repair of the bin. Please contact the council for a replacement bin.
5.7. The customer is responsible for maintaining the domestic wheeled bin in a serviceable condition, its cleanliness, and the cleanliness around the bin’s location whilst in your possession. If you wish to put your house number or name on the bin, it must be done in such a way that, if required, the domestic wheeled bin can be restored to its original condition. The customer shall keep the bin safe and secure.
5.8. The domestic wheeled bin must not be removed from the premises stated on the application to the scheme unless removed by, or with the written authority of the council.
6. Presentation
6.1. You may only use the designated waste and recycling bins provided by the council for collection.
6.2. The contractor will not collect waste and recycling contained in any container other than the one delivered by the council.
6.3. The contractor shall be under no obligation to provide a collection if any of the following apply:
- The domestic wheeled bin is not presented at your property boundary closest to the highway, by 6am on collection day.
- The bin contents are contaminated, overflowing, or overweight (over 25kg).
- The bin is damaged and emptying it would pose a health and safety risk; or if the bin is presented in such a way that it would pose a risk of being damaged by the council’s equipment (for example, excessive overflow of waste preventing the lid from closing).
6.4. If the domestic wheeled bin is contaminated with materials that are not accepted in the waste and recycling service, it is your responsibility to remove the contamination before the next scheduled collection.
6.5. No side waste will be collected, for example, extra waste next to the domestic wheeled bin or balanced on the lid.
6.6. The domestic wheeled bin should be removed from the public highway, as soon as is practicable, after collection (it is an offence to obstruct the highway).
7. Service issues
7.1. In the unlikely event that there is a problem with the waste and recycling collection service, please contact the council to report the problem after 10pm on the day of the collection and within 2 working days of your collection day.
7.2. Reports of missed collections made outside of these times will not be actioned. The council will investigate all missed collections reported within the timescale and will not return if a domestic wheeled bin is suspected of being refilled.
8. Cancellation and refund
8.1. Should you wish to cancel an order, please do so within 14 calendar days of receiving your container, and a full refund will be provided once the bin is collected.
8.2. The contractor reserves the right to refuse delivery upon arriving at the site if there are health and safety concerns. In such cases, no refund will be issued.
9. Use and sharing of personal data
9.1 To process your request for a chargeable domestic bin delivery service, it is necessary for the council to:
- use the personal information you provide to process your application
- share your personal data with the council’s partners (including contractors and subcontractors) to process, deliver and improve the service
9.2 The personal data shared will include your name, address, email address, and payment details. This information will be used to:
- process applications and payments
- provide and enhance the service
- contact you regarding service related matters
- inform you of other relevant waste services and seek your feedback
10. Liability and indemnity
10.1. The council will not be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses, or other claims (whether caused by the council’s employees, contractors, agents or otherwise) in connection with its provision of the services or the performance of any of its other obligations under these terms and conditions, or with the use by the customer(s) of the services supplied, whether as a result of breach of contract, breach of statutory duty, tort (including negligence) or otherwise howsoever arising.
10.2. The council shall not be liable to the customer(s) or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the council’s obligations if such delay or failure is due to any cause beyond the council’s reasonable control.
10.3. Nothing in these terms and conditions shall limit or exclude the council’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.
11. Sub-contracting
11.1. The council shall be free to sub-contract the provision of the services (or any part thereof).
12. Communications
12.1. The council and the contractor will use your email or postal address to provide you with information about your waste and recycling collection service.
13. No waiver
13.1. No waiver by the council of any breach of these terms and conditions by the customer(s) shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.2. No failure or delay on the part of either the council or the resident(s) to exercise any right, power or privilege under these terms and conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
14. Severance
14.1. If one or more of these terms and conditions is found to be unlawful, invalid, or otherwise unenforceable, those provisions shall be deemed severed from the remainder of these terms and conditions (which shall remain valid and enforceable).
15. Governing law and jurisdiction
15.1. These terms and conditions including any non-contractual matters, obligations and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract or its subject matter, or formation.