Development, Safety & Regulation

Development, Safety & Regulation

Neighbourhood Services

Burns House

Burns Statue Square

Ayr

KA71UT

Tel: 01292 616215

Mobile: 07971 120 468
The Council agrees to provide a commercial waste collection service to the Company in relation to its business premises
at:………………………………………………………………………………………………………………………in accordance with the attached conditions:

General

1. The Container shall only be used for the storage and presentation of commercial waste (wire cages - clean cardboard only) to be collected by the Council,

in accordance with Section 34, 47 and 48 of the Environmental Protection Act 1990.

2. The Waste shall not include any poisonous, noxious, highly flammable, toxic or other hazardous material.

3. The Company shall ensure that access is readily available at the time(s) and day(s) of collection, including the unlocking of any gates or doors prior to

collection and the prohibiting of the blocking of access routes by parked vehicles, deliveries, etc. If access becomes a problem the Company shall

provide and erect, prior to collection, a temporary "NO PARKING - KEEP CLEAR - REFUSE COLLECTION ACCESS" sign or similar deterrent in a

prominent position. The Council may make an extra charge to the company where access is not available and a return visit is required to complete the

collection.

4. No waste in excess of the Container's capacity will be collected unless such wastes are contained within the Council's commercial waste sacks, except

where there is a delay in collection due to adverse weather conditions or lengthy vehicle breakdown. Such exceptions shall not apply where the delay in

collection is due to access being restricted.

5. The Council shall specify in writing the collection day(s) each week, and may amend such days subject to a minimum of seven days notice in writing to

the Company.

6. There will be no collection on Christmas day and New Year's day, and notice of alternative collection days will be published in the local press. There

will be a normal service on all other bank holidays and public holidays.

7. On dates other than the 25th December and 1st January, where the Council fails to collect on or within 24 hours of the day specified, restricted/unsafe

access and adverse weather conditions excepted, the Company shall be entitled to a rebate for non collection on a pro-rata basis for each and every day of

non-collection.

8. The Company shall maintain the vehicular access surface and the Container storage and loading route surfaces as a hard standing of good condition, free

from ruts, potholes and other obstacles which may impede the safe movement of the collection vehicle and / or Container.

9. The Company shall indemnify the Council against any damage its collection vehicle may cause to the road/drive, car park surface or any public utility

services or apparatus there under, or any other property where the vehicle is required to enter the Company's property to empty the Container(s) subject to

the Council's driver operating with normal due care and attention.

10. The Company shall be responsible for cleaning and disinfecting of the Container, both internally and externally.

11. The Company shall be charged for a twelve-month service period, according to the Scale of Charges laid down for that period and payable in advance.

12. The Council shall review its Scale of Charges annually and the Company shall be notified of the new rates one month in advance of their implementation.

Where a change in charge is due to a change in Landfill tax, the new charge will take effect on the date of the tax change and the Council shall notify the

Company as soon as possible.

13. In the event of the Company failing to make payment of the account for the refuse collection service within 6 weeks of the date of invoice, the collection

service shall be withdrawn forthwith and any containers shall be removed by the Council. Notwithstanding the foregoing, the Council shall have the right

to recover by all lawful means the amount due in terms of the account rendered for all collections and hire charges due up to one month after the date of

termination of the service.

14. In the event of the Company wishing to withdraw from this agreement, the Company shall give 30 days notice in writing to the Council and on the expiry

arrange for the return of the Containers in good condition.

15. The Company undertakes that in the event of it's entering into any contract for the sale or lease of the above business premises, or in the event that the

Company goes into liquidation or is wound up by the Court or is voluntarily wound up by creditors or has a receiver appointed or enters into any other

arrangements for its disposal of the business premises, the Company shall oblige the acquiring party insofar as it can competently do so to enter into an

Agreement with the Council on the same terms and conditions as herein written. In the event that this is not possible or that the Council decides at its

own discretion that it does not wish to continue with the Agreement under the said new arrangements, the Council shall be entitled at its discretion to

treat the Agreement as terminated.

Containers

a) The Containers shall remain the property of the Council who shall be responsible for the normal maintenance (fair wear and tear) and shall provide a

replacement Container should the Container not be repairable.

b) The named representative of the Company shall sign the delivery note for each container and the Company shall be responsible for the full cost of repair or

replacement of all container(s) which are hired to it by the Council, fair wear and tear excepted, where such damage is due to misuse, accident, vandalism or

theft. The Company will be liable for the full replacement cost of any containers that are lost or are not returned in good condition at the end of the

agreement.

c) The Company may wish to consider insuring the container(s) against the above mentioned risks and any such policy should have the Council's interest

stated.

Signed on behalf of the Company ...... Signed by witness …………………………………………………..

Print name ………………………………………………………………. Print name ………………………………………………………..

Occupation …………………………………………………………….. Address …………………………………………………………….

Date ...... Date ……………………………………………………………….

Signed on behalf of the Council ...... Signed by witness …………………………………………………

Print name …………………………………………………………………. Print name …………………………………………………………

Occupation ……………………………………………………………… Address ………………………………………………………….
* Data Protection Act 1998. The council may use the companies data as appearing in this agreement for the purpose of the provision of a commercial waste collection service and to confirm and update the Council's records held for this purpose.