Oldham Council standard terms and conditions for the collection of commercial waste.
Definition
For the purpose of this agreement ‘authorised officer’ shall mean the operations and development manager of the council’s waste management group or such other officer of the council who shall from time to time be assigned the duties of the authorised officer’s role or be authorised by the authorised officer for the purpose of trade waste agreements.

1.	The customer undertakes to:
(a)	Ensure that waste provided to the council will be in accordance with that described in this contract.
(b)	Ensure that waste provided to the council is not subject to the Special Waste Regulations 1996 or any statutory modification or any re-enactment.
(c)	Ensure that waste provided to the council does not contain:
(i)	materials that are hazardous, including but not limited to materials that are explosive, highly flammable, toxic or polluting.
(ii)	electrical equipment, batteries, light bulbs, builders waste, tyres; or
(iii)	liquid wastes including but not limited to oils, paints or liquid chemicals.
(d)	Conform to duties laid down in the Environment Act 2021 (Simpler Recycling, Environmental Protection Act 1990 and revisions, the Collection and Disposal of Waste Regulations 1988, and the Control of Pollution Act 1974 together with any statutory modification or re-enactment.
(e)	Provide and maintain a suitable means of access and egress at the customer’s premises for the collection of contracted waste.
(f)	Pay invoices in full to the council within 14 days of the date of the invoice (in accordance with the terms and conditions of the invoice). In the event of late payment of an invoice, the council shall have the right to charge interest on the overdue amount at a rate of 3% above the Bank of England’s base rate, accruing on a daily basis from the due date up to the date of actual payment, whether before or after judgment, provided always this is without prejudice to the council’s rights to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
(g)	Ensure that waste presented for collection is contained within a waste receptacle provided by the council unless a prior agreement regarding additional waste under clause 3 (g) provides otherwise.
(h)	Ensure that all receptacles are closed, locked (if fitted), and not overweight when left for waste collection by the council.
2.	The council undertakes to:
(a)	Collect and dispose of waste from the customer’s premises subject to clause 1 above until 31st March after the commencement date and thereafter for each successive 12-month period unless terminated by written notice from either party to the other, such notice to be given in compliance with the termination provisions of this agreement.
(b)	Comply with all reasonable special site conditions and safe working procedures notified by the customer to the council and acknowledged in writing by the authorised officer before the date of collection in accordance with the requirements of the customer by virtue of the Health and Safety at Work etc Act 1974 together with any statutory modification or re-enactment.
3.	General terms and conditions of contract
(a)	These terms and conditions of contract, together with the council’s prevailing Commercial Waste Charges and Administrative Charges, with the current charges set out in the accompanying Business Waste Information Pack, shall apply to the exclusion of any other terms or conditions between the council and the customer. Save for the charges, which shall be amended from time to time in accordance with clause 3(d) below, no terms and conditions may be released, discharged, supplemented, interpreted, amended, varied, changed or modified in any manner unless agreed in writing and signed by the authorised officer of the council and the customer.
(b)	The council’s Officers, employees or agents are not empowered to make representations relating to the service unless confirmed by the authorised officer of the council in writing.
(c)	Advice or recommendation issued by the council, its officers, employees or agents to the customer or its employees with regard to the service which is not confirmed in writing by the authorised officer of the council is at the customer’s own risk unless such advice or recommendation has been so confirmed.
(d)	Charges
(i)	All charges quoted in the accompanying Business Waste Customer Information Pack including the Administrative Charges are exclusive of Value Added Tax for which the customer will, where applicable, be liable to pay at the applicable rate.
(ii)	The council reserves the right to vary the charges under the contract from 1st April of each year by giving notice to the customer of such variation. Notice will be deemed to have been given at the time of posting or the time of sending by other means of a revised Charges Schedule.
(iii)	All charges are payable as one–off payments, monthly or as agreed by an authorised officer, normally in advance, including by standing order or Direct Debit by prior arrangement with the council, as applicable.
(e)	Safety
(i)	The customer shall be responsible for the health and safety and access and egress of all Officers, employees and agents of the council entering premises in connection with this agreement.
(ii)	The customer shall be responsible for safe siting and access to load and return, of waste receptacles inc. sacks, caddies, wheeled & bulk bins and skips. In the event that this is not provided the waste will not be taken away until it can be done so safely.
(iii)	The council reserves the right to refuse to empty any waste receptacle if it is found that the contents therein, due to their weight or due to prohibited material, prevent the operatives manoeuvring and emptying the waste receptacle in accordance with safe working practices required by Council Policy or Health and Safety at Work Act 1974 and related relevant legislation.
(f)	Equipment
(i)	All equipment supplied by the council shall at all times remain the property of the council. The customer shall provide adequate insurance cover for all equipment provided by the council. The customer shall be responsible for safe siting and any loss or damage to the equipment whilst outside the control of the council and for ensuring that it is not overloaded or improperly loaded. Under no circumstances must the equipment be sited on the public highway.
(ii)	
All equipment supplied by the council may be removed from the customer’s premises by the council in the event of non-payment or non-registration by the customer for the services and will only be returned to the customer’s premises upon receipt of full payment of the administrative charges and applicable fees, determined by the authorised officer, for the delivery of a replacement bin in the accompanying Business Waste Customer Information Pack.
(iii)	In the event that any payments due from the customer are in arrears for a continuous period of 35 days, then without prejudice to any of the council’s other rights, the council may at its discretion remove the equipment from the customer’s premises. During any period that the equipment is removed, the council will not be obliged to perform its duties under clause 2 but the contract will remain in place and the customer will remain liable to pay the charges. All equipment removed in accordance with this clause will only be returned to the customer’s premises upon receipt of full payment of all outstanding charges together with any interest due and the cost of the delivery of a replacement bin. 
(g)	Additional waste
(i)	Where additional waste has been supplied by the customer for removal, a charge will be made in arrears following removal. 
(ii)	The council agrees to service only containerised waste. However, the council also recognises the need for the customer’s premises to be maintained in a clean and tidy condition avoiding any environmental problems associated with excess waste. Provided that the customer agrees to pay appropriate charges, as determined by the council, the council shall remove such excess waste. The security of such waste shall be the responsibility of the customer who shall take reasonable precautions to prevent theft, vandalism or scavenging thereof.
(iii)	In the event that removal of additional waste is required on a regular basis the council reserves the right to review the customer’s container requirements and requirements in terms of frequency of collection and, upon giving to the customer 30 days’ notice in writing, to amend the services and charges to reflect those requirements.
(h)	Record of service. The customer agrees that records maintained by the council shall be the official record of service for invoice purposes.
(i)	Applicable law
(i)	This agreement shall be governed by the laws of England.
(ii)	For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or right to enforce any part of this agreement by virtue of the Contract (Rights of Third Parties) Act 1999.
(j)	Force Majeure. The council will not be liable to the customer or held to be in breach of contract by reason of delay in performing or failure to perform duties. If such failure or delay is as a consequence of circumstances beyond the council’s reasonable control including strikes, lockouts or other industrial action or trade dispute (involving the council’s employees or a third party), Act of God, flood, tempest, fire or accident, Act, Order, Restriction, Regulation, Bye-Law, Civil unrest or other measure of any kind by Government or public Authority or failure to obtain labour, fuel parts or machinery failure or breakdown beyond the reasonable control of the council.
(k)	Termination
(i)	If at any time the council reasonably believes the actions of the customer or any person visiting the customer’s premises or any person acting on behalf of the customer have endangered the health or safety of any person, the council may terminate the contract with immediate effect.
(ii)	In the event that the customer makes a voluntary arrangement with its creditors, becomes the subject of an administration order, becomes bankrupt, has a receiver appointed or goes into liquidation the council may terminate the contract with immediate effect, having applied the service termination fee.
(iii)	In the event that the customer has breached the contract, the council may terminate the contract with immediate effect, having applied the service termination fee, without prejudice to its rights to remove the Equipment under clause 2(f)(ii).
(iv)	Either party may terminate the contract for convenience by giving to the other party not less than thirty (30) days’ notice in writing to be effective from the next 15 April following the expiry of such notice period.
(l)	Severability. If at any time any part of this agreement is or becomes invalid, illegal or unenforceable in any respect, that invalid, illegal or unenforceable part shall be severed from the remainder of the agreement and the validity, legality and enforceability of the remainder of the agreement shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal, or enforceable part that most closely satisfies the intention of the original part. The validity, legality, and enforceability of the remainder of the agreement shall not be affected or impaired in any way.
(m)	Limitation of Liability
(i)	The customer’s and the council’s liability for personal injury to or death of any persons, arising out of or in connection with the contract, due to its negligence, shall be unlimited. Clauses (m) (ii) and (m) (iii) shall not apply to such liability.
(ii)	Subject to clauses (m) (i) and (m) (iv) and to the extent permitted by law, neither the customer nor the council shall be liable to the other party, either in contract, tort, under statute or otherwise, for any indirect, consequential or punitive losses or damages including indirect losses or damages for loss of business, revenues or profits arising out of or in connection with the contract.
(iii)	Subject to clauses (m) (i) and (m) (iv) and to the extent permitted by law, the customer’s and the council’s liability to the other party, either in contract, tort, under statute or otherwise, arising out of or in connection with the Contract shall be limited to an aggregated amount of £1,000,000.
(iv) This clause (m) shall not exclude or limit the liabilities of either party for fraud or misrepresentation.