These general conditions of contract shall apply to all trade waste collection services provided by Leeds City Council. The conditions shall apply in their entirety and shall not be varied unless specifically agreed in writing by the Chief Legal Officer.
A. Obligations of the customer
1. Duty of Care
1.1 The customer has read and fully understands the Environmental Protection (Duty of Care) Regulations 1991 made under the Environmental Protection Act 1990 and will fully comply with their provisions, inter alia, by completing on an annual basis, a Controlled Waste Transfer Note.
2. Access
2.1 The customer shall ensure that there is free, unhindered and suitable access at all times to enable the council to perform its obligation under this contract.
2.2 Should the council at any time be prevented from removing any container from the customer’s premises under any circumstances not directly attributable to negligence or fault of Leeds City Council, then the charge will shall still remain payable, notwithstanding that the containers have not been emptied.
3. Health and safety
The customer has read and fully understands the provisions of the Health and Safety at Work Act 1974 and shall fully comply with the provisions thereof. The customer shall not do anything which may have a detrimental effect on either its obligations or those of Leeds City Council under the 1974 Act.
4. Use of containers
4.1 All waste shall be placed into the appropriate container provided by the council or by the customer, in accordance with the provisions of Clause 6.1.
4.2 The customer shall not place any items into a container provided by the council which are likely to damage the container.
4.3 In particular, no items which are liable to be a fire hazard (for example hot ashes) shall be deposited, and no fires permitted with any container.
5. Location of containers
5.1 The customer shall ensure that all containers are located in the collection point which is set out in the confirmation of services forms, or has otherwise been agreed with the council in advance.
5.2 The customer shall ensure that all containers are located and maintained in such a manner as not to cause nuisance, interference or obstruction to members of the general public.
6. Suitability of containers
6.1 Where the customer is providing its own containers, it warrants their suitability for the services, particularly in relation to the nature of the equipment in operation by Leeds City Council, for collection and disposal purposes.
6.2 If Leeds City Council at its sole discretion considers that any container is unsuitable, it shall inform, whereupon the customer shall replace it forthwith with a container considered suitable by Leeds City Council, or shall request the council to provide a container.
7. Loss or damage to containers
7.1 The customer shall be responsible for all loss or damage to any container supplied by the council, irrespective of fault or negligence.
7.2 Where a container requires replacement due to fair wear and tear, the provisions of Clause B 2.2 shall apply.
8. Payment
8.1 The charge for the services shall be calculated on a daily basis at the rate set out in the confirmation of services form.
8.2 Leeds City Council shall invoice the customer on a six monthly basis in advance for services to be performed in the ensuing period.
8.3 Where the contract is entered otherwise than at the start of a six month period, the customer shall be invoiced for the remainder of the relevant existing six monthly period as appropriate.
8.4 The customer shall pay the invoice within ten working days of the date it is dispatched by the council. Failure to pay on time shall render the customer liable to pay interest at the rate of four percent above the base lending rate of the National Westminster Bank.
8.5 Where for any reason (save as provided in Clause A 2.2) the services are not provided, the customer shall not be liable to pay that part of the weekly charge detailed into the confirmation of services form as Leeds City Council determines is appropriate.
8.6 Where the services are no longer required by the customer, it shall determine the contract in accordance with the provisions of the Clause C 1.2. Where notice is not given in accordance with the provisions of the said clause the customer shall remain liable for the weekly charge in respect of any collection from those premises as provided thereafter by Leeds City Council, whether on behalf of the customer or not.
9. Confidentiality
9.1 The terms of the Agreement between the customer and Leeds City Council shall be kept strictly confidential at all times.
9.2 Where the collection is undertaken by the council’s contractor, the personnel who collect the waste on behalf of that company pursuant to this Agreement, or any other employee, servant or agent of the company, should not seek to investigate the details of this Agreement (in particular but not limited to the price for the services). If there is any such attempt the customer shall inform the council immediately in writing.
9.3 Where the collection is undertaken by the councils contractor, the customer shall inform Leeds City Council immediately in writing if any other services of the same or similar nature are offered to the customer by that contractor.
B. Obligations of Leeds City Council
1. Collection and disposal
1.1 Leeds City Council shall arrange for the collection of the agreed number of containers at the frequencies and from the locations set out in the confirmation of services form, and shall dispose of the contents in accordance with it duties as well as Waste Disposal Authority.
1.2 Leeds City Council has indicated to the customer in the confirmation of services form the likely day for the collection of waste, and shall use its best endeavours to arrange collection of the waste ion the day agreed between the customer and the council or such day as is notified by the customer.
1.3 If the council fails to arrange for collection of the waste agreed above, it shall use its best endeavours to collect the waste as soon as possible thereafter. In the event the waste if not collected, the provisions of Clause A 8.5 shall apply.
1.4 The services may be provided by the council either by its own personnel or another contractor in accordance with the provision of the Local Government Act 1988.
2. Container
2.1 Leeds City Council shall provide the containers detailed in the confirmation of services form.
2.2 Leeds City council shall replace any container which is no longer suitable for the purposes of the services provided that this is due to fair wear and tear. In all other circumstances, loss and/or damage shall be the responsibility of the customer as detailed in Clause A 7.1 above.
C. General provisions
1. Contract term
1.1 This contract shall continue for 12 months from the date of the first confirmation of services form sent to the customer, save as provided below.
1.2 Thereafter, the contract shall be determinable by either party on four weeks advance notice.
2. Variation
2.1 Leeds City Council reserves the right to change any of the terms of this contract by serving upon the customer new confirmation of services form detailing the new terms of this Agreement.
2.2 Should the customer not wish to continue the service as detailed in the confirmation of services form, it shall determine the contract in accordance with Clause C 1.2 above.
2.3 If the contract is not determined in this manner, Leeds City Council shall consider that the customer has agreed variation of terms when the payment of next monies is made.
2.4 If the customer serves upon Leeds City Council four weeks’ notice in writing of its intention to determine the contract, then the original terms shall apply until the expiration of the four week period.
3. Liabilities
3.1 Leeds City Council shall not be liable for any indirect or consequential loss arising out of its failure to perform the services.
3.2 The sole liability of Leeds City Council in the event of any failure to perform the services shall be limited to that sum set out as the weekly charge for collection of waste detailed in the confirmation of services form.
