Waste contract terms and conditions
1. General Terms
1.1. These are the terms and conditions (the “terms”) on which the commercial waste collection service (the “service”) is provided by Dumfries and Galloway Council (the “council”). By signing the application form and agreeing to pay for the service, the business is deemed to have accepted these terms.
1.2. Once the business has completed the application form, the council will confirm the service provision, arrange the collection days.
1.3. These terms are subject to change at the council’s discretion without notice.
1.4. The council will issue a waste transfer note on a yearly basis.
- 1.4.1. The business will return the waste transfer note by the date specified on the note either by email or by post.
- 1.4.2. For the avoidance of doubt, where the business amends the type of waste to be collected, a new waste transfer note must be issued and returned.
1.5. The headings in these terms are for ease of reference only, and will not affect interpretation.
2. Waste bin presentation
2.1. The council will collect the following types of commercial waste only, subject to the rest of these terms and conditions:
- 2.1.1. Food waste (except in rural areas);
- 2.1.2. Glass;
- 2.1.3. Metal and plastics;
- 2.1.4. Paper and cardboard; and
- 2.1.5. Non-recyclable waste.
2.2. The council will not collect any waste that does not fall into the above categories. For the avoidance of doubt, the council will not collect:
- 2.2.1. Asbestos;
- 2.2.2. Carcasses or dead animals;
- 2.2.3. Raw meat;
- 2.2.4. Car parts, including car engines;
- 2.2.5. Clinical, chemical, or biohazardous waste;
- 2.2.6. Heavy garden waste; or
- 2.2.7. Lubricating, engineering, or hydraulic oils and gasses (mineral or synthetic).
2.3. The council will not collect waste that is likely to be dangerous to staff or likely to damage equipment, including:
- 2.3.1. Any individual article of waste weighing more than 25kg;
- 2.3.2. Any individual article of waste that cannot fit in a provided Waste Bin; or
- 2.3.3. Any overweight or overfilled Waste Bins.
2.4. The weight limits for waste bins are:
- 2.4.1. 48kg for a 140-litre bin;
- 2.4.2. 114kg for a 240-litre bin;
- 2.4.3. 160kg for a 360-litre bin;
- 2.4.4. 310kg for a 660-litre bin; and
- 2.4.5. 440kg for an 1100-litre bin.
2.5. An overfilled waste bin is one where the lid cannot be closed fully. All waste must be wholly contained within the waste bin.
2.6. The council reserves the right not to empty any waste bin that is of excessive weight; suspected of containing incorrect materials; in a dangerous condition; or which may be detrimental to the health and safety of council staff.
2.7. The council, at its sole discretion, will determine whether any waste bin meets the criteria of this Clause 2.
3. Obligations of the business
3.1. The business will ensure that any commercial waste to be collected is presented at the collection point by 6.30am on the collection day(s).
3.2. The business will use waste bins provided by the council. In some circumstances and at its sole discretion, the council may waive this requirement if satisfied that any waste bin provided by the business meets required standards.
3.3. The business will ensure that waste bins are kept clean and in a hygienic condition, as well as free from pests, vermin and all other forms of infestation.
3.4. The business will inspect waste bins regularly and will inform the council of any damage found immediately, and in any case prior to the next collection.
3.5. The business will ensure that waste bins are returned to the business premises when not scheduled for collection.
3.6. The business will ensure that waste bins are adequately stored and secured when not scheduled for collection.
3.7. The business will inform the council via completing the existing customer change form if they wish to make any amendments, such as any change of details, or to amend the volume or type of waste to be collected. Such amendments will only come into effect once the council has issued confirmation in writing.
4. Missed collections
4.1. Collection errors or other conditions beyond the council’s control may result in service disruption or missed collections.
4.2. The council shall not be liable to the business or any other party for failure to provide the service.
4.3. Where a waste bin has not been collected:
- 4.3.1. The business should contact the council to report a missed collection.
- 4.3.2. The council will advise when a new collection can be attempted. This will normally be within 48 hours, where operationally possible.
- 4.3.3. A waste bin which has not been emptied should be left at the collection point for forty-eight (48) hours after the normal expected collection. If the waste bin is not emptied within this time, the waste bin must be removed to the business’ premises and re-presented on the next scheduled collection day for uplift, conditions permitting.
- 4.3.4. If the council is unable to reattempt collection, the council may permit the business to present additional waste, at no additional cost, to the agreed bin size on the next collection day. This must be confirmed with the council in advance of the next collection day.
4.4. The council will not return to empty waste bins which were not presented timeously.
5. Waste bins belonging to the business
5.1. Where waste bins are the property of the business, the terms of this clause 5 apply.
5.2. The waste bin is the property and responsibility of the business.
5.3. If a waste bin is damaged by council employees during collection, the council will arrange for the repair and, if necessary, replacement of the waste bin on behalf of the business. No refunds of the fees paid for the service will be paid for any collections missed while waiting for a repaired or replacement waste bin to be delivered.
5.4. The council may provide a repair service. Any costs for repairs, maintenance or replacement will be met by the business.
5.5. The business hereby agrees to indemnify the council, including any agents, contractors, licensees, operators, and/or staff, against any claim whatsoever arising out of or in connection with the business’ waste, use of waste bins, and/or the commercial waste collection service to the maximum amount and degree allowable by law.
6. Hire of waste bins
6.1. Where waste bins are hired by the business from the council, the terms of this clause 6 apply.
6.2. The waste bin remains the property of the council. The council will repair, maintain and replace waste bins for normal wear and tear.
6.3. The business is liable for any repair, maintenance and replacement costs where loss or damage is, in the council’s reasonable opinion, due in whole or in part to a failure by the business to meet its obligations under these terms, or to the negligence of the business.
6.4. Upon termination of this agreement in terms of clause 8, the business must contact the council to arrange for uplift of the waste bin.
7. Invoices, charges and payment
7.1. The council will make the table of charges available on its website and on request. Charges are reviewed on an annual basis with effect from 1 April each year, and the business will be informed accordingly.
7.2. The council will invoice the business on either a quarterly or annual basis, depending on the amount to be charged under the contract.
7.3. The council will pro rate the initial invoice either to the nearest quarter or year, as appropriate.
7.4. The business will pay invoices on demand either in full or by quarterly direct debit.
7.5. The business must pay all invoices by the date specified on the invoice.
8. Suspension, termination and notices
8.1. The council may suspend the service if the business breaches its obligations under these terms. For the avoidance of doubt, charges will remain payable during any period of suspension. Please note that if and when the service is resumed, the limits set out in clause 2 above will continue to apply, and accumulated excess waste will not be collected.
8.2. The council will arrange for uplift of any waste bins which have been abandoned, or where an invoice has remained unpaid. No refund or fee will be payable by the council to the business for waste bins which have been uplifted.
8.3. Either party may terminate this contract by giving 30 days’ notice in writing, either via email or post.
8.4. The council reserves the right to withdraw or cancel the service without notice in the event of emergency situations, civil commotion, riot, industrial action, adverse weather conditions, force majeure, or other circumstances outwith its control. No refund will be applicable in the event of the failure to deliver the Service for the reasons detailed in this clause.
8.5. Notices from the business to the council must be delivered:
- 8.5.1. Via email to: [email protected]
- 8.5.2. Via post to: c/o Commercial Waste, Dumfries and Galloway Council, Cargen Tower, Garroch Business Park, Garroch Loaning, Dumfries DG2 8PN
8.6. Notices from the council to the business will be delivered to the postal or email address given in the application form, or such other address as is provided to the council by the business from time to time.
9. Liability
9.1. The business hereby agrees to indemnify the council, including any agents, contractors, licensees, operators, and/or staff, against any claim whatsoever arising out of or in connection with the business’ waste, use of waste bins, and/or the commercial waste collection service to the maximum amount and degree allowable by law.
9.2. Nothing in these etrms shall limit the liability of the council for any personal injury, death or property damage to the extent that this is due to the negligence of the council, its staff or agents in delivering the Service.
10. Jurisdiction and severance
10.1. These terms will be governed by the laws of Scotland. The council and the business submit to the exclusive jurisdiction of the courts of Scotland.
10.2. If any provision of these terms is or becomes invalid, unlawful, illegal, or unenforceable, it will be deemed deleted. Such deletion will not affect the validity and enforceability of the rest of the terms.
| Area | Waste type | Site |
|---|---|---|
| A&E | General | Corsehill Waste Transfer Station, Eaglesfield Road, Annan DG12 5LN |
| Nithsdale | General | Eco Deco Plant Lockerbie Road, Dumfries DG1 3PG |
| Stewartry | General | Castle Douglas Waste Transfer Station, Abercrombie Road, Castle Douglas DG7 4NU |
| Wigtown | General | Stranraer Zero Waste Park, Fountain Way, Stranraer DG9 7UD |
| Nithsdale, Stewartry and A&E | Cans,plastics, paper and cardboard | Oakbank Waste Management, Mosspark, Annan Road, Dumfries DG3 4PH |
| Wigtown | Cans,plastics, paper and cardboard | Stranraer Zero Waste Park, Fountain Way, Stranraer DG9 7UD |
| Nithsdale, Stewartry and A&E | Glass | Lochar Moss Tax Free Zone, Lockerbie Road, Dumfries DG1 3PG |
| Wigtown | Glass | Stranraer Zero Waste Park, Fountain Way, Stranraer DG9 7UD |
| Nithsdale, Stewartry and A&E | Food | Oakbank Waste Management, Mosspark, Annan Road, Dumfries DG3 4PH |
| Wigtown | Food | Stranraer Zero Waste Park, Fountain Way, Stranraer DG9 7UD |