Garden waste - terms and conditions
Key terms
1. This agreement is made between the resident ('the Customer') and ('the Council') and sets out the Terms and Conditions under which the Customer may use the Council's garden waste fortnightly collection Service ('the Service').
2. Collections for the Service will run for 40 weeks (max 20 collections) from wk commecing 18th March to week ending 20th December 2024 and will be available only to Customers who have subscribed for the Service. Customers can subscribe for the Service at any time during the subscription year, but the number of collections will be reduced dependant upon which date the subscription is taken out. The Service will be suspended over the winter period each year, dates subject to annual review by the Council. Subscriptions will not begin on the day they are taken out - it takes up to 5 working days for the property to appear on the system so you wont automatically recieve a collection in the week you sign up.
3. The Council will no longer provide a free garden waste collection service.
4. Customer subscriptions are for the calendar year and are renewable annually and only Customers who subscribe for the Service by subscribing online or by calling the Council Call Centre are eligible to receive the Service..
5. The subscription consists of an annual charge to the Customer which is set by the Council for the period March to December each year. The cost of the Service is determined by the Council on an annual basis and may change from year to year. The annual charge for each year will be confirmed by the Council on the garden waste webpage no later than 1 March each year.
6. Garden waste containers will be in the form of Council provided wheeled bin(s) as per clause 15 which shall be kept on the property stated when the Customer ordered the Garden Waste Subscription Service on on the garden waste webpage or by calling the Council Contact Centre. Garden waste container may only be removed from the property with the prior written permission of the Council. The wheeled bin(s) remain the property of the Council at all times.
7. The Council accepts no liability for the containers used for any other purpose other than for the collection of household garden waste. Misused wheeled bin(s) may be removed by the Council.
8. On termination of the Customer's right to receive the Service (however such termination occurred) the Council reserves the right to remove the bin(s) from the Customer's property.
9. The Council reserves the right to stop taking orders for the garden waste Service at any time within the Service year.
Refunds
10. Refunds for the Service will only be considered where there has been a complete Service failure as detailed below:
a. If the Council fails to deliver a new or replacement garden waste container within 6 weeks of the date on which the Customer should have had their first collection in any calendar year as at the online Bin Day Finder or by calling the Council Contact Centre; or
b. If the Council fails to replace a garden waste bin within 6 weeks of the date on which the Service reported that they had damaged a bin during the collection operation; or
c. If the Council fail to rectify a reported missed collection of garden waste on 3 consecutive collections as at the online Bin Day Finder or by calling the Council Contact Centre. The Customer must report a missed collection on each occasion and within 2 working days of each scheduled collection date. Missed collections need to be reported using the missed bin reporting form or by calling the Council Contact Centre. A reported missed collection will be considered rectified if it is collected within 1 working day of being reported by the Customer by the correct reporting means.
11. For the avoidance of doubt, in the event that, the Customer independently arranges for collection of garden waste where there have been missed collections, the Council will not be responsible for any third-party costs or any costs incurred by the Customer.
12. In the event that, the Customer does not use the Service for any part of the subscription year for whatever reason, including but not limited to moving home, being away from home ie holiday or other reason the Customer will not receive a refund for that period. Refunds for the service will only be considered under clause 10 (a) - (c).
13. If a refund event under clause 10 occurs, the Customer shall make a claim within 3 months from the end date of the annual subscription being 31st December. For the avoidance of doubt the final date to make a claim for a refund will be 31st March in the following year.
Ownership
14. Households will be responsible for the garden waste container which shall remain at the property in the event of the resident(s) moving home. The new householder will therefore benefit from the provision of the Garden Waste Subscription Service and no refund is applicable to the previous occupant.
Capacity of Wheelie Bins
15. The Council has provided properties that have gardens with a standard size 240 litre wheeled bin in order to enable garden waste collections.
16. Residents who have larger gardens may subscribe to receive multiple Garden Waste Subscriptions, each payable at the annual charge as set out by the Council.
Presentation of Wheeled Bins for Collection
17. In using the Service, the Customer accepts that:
a. They may only use the designated wheeled bin(s) provided by the Council for the collection of garden waste see clause 15. The wheeled bin(s) must be displayed and presented in accordance with clause 17(b)and clauses 20-23 of these Terms and Conditions. The Council will not collect garden waste presented by any other means.
b. The wheeled bin must display the subscription permit sticker that is issued by the Council upon payment of the annual charge. It is the responsibility of the Customer to display the subscription permit sticker on the wheelie bin. The subscription permit sticker must be displayed underneath the handle on the body of the wheelie bin. It must be presented in accordance with clause 17-23 of this agreement and positioned so that the subscription permit sticker is visible from the roadside.
18. Customers may only use the Service for the collection of household garden waste. Any waste or matter not specified on the garden waste webpage or by calling the Council Contact Centre, will be deemed as non-permitted waste. The Customer is not permitted to use the Service for the collection of non-permitted waste. If non-permitted waste is presented for collection using the Service, it will not be collected, and the wheeled bin cannot be reported as missed and will not be considered a missed collection for the purpose of clause 10.
19. If, at a given property, persistent non-compliance in accordance with the Service specification occurs, i.e. three consecutive instances of attempts to use the Service for the collection of non-permitted waste, the Council will, if necessary, consider taking enforcement action and/ or withdrawing the Service without any refund to the Customer
20. Wheeled bin(s) shall be presented, unless otherwise directed, at the edge of the property adjacent to the adopted highway at the front of the property and presented in accordance with the provisions stated at clauses 17 and 20 of these Terms and Conditions.
21. Where a property is not adjacent to the adopted highway, the Customer shall present wheeled bins on the pavement on collection day as at www.sandwell.gov.uk/binday or by calling the Council Contact Centre, where they do not cause an obstruction to pedestrians or to road users.
22. Where a property shares an access or jointly owns an access that is adjacent to the adopted highway, the Customer shall present wheeled bins on the shared property or access so that they are adjacent to the adopted highway, where they do not cause an obstruction to pedestrians or to road users
23. Wheeled bins must be presented on their scheduled collection day as at the online Bin Day Finder or by calling the Council Contact Centre by 06:45 am between September and June and 5.30am between June and September (or no earlier than 18:30 the day prior to the scheduled collection date) and then, retrieved by the Customer within 1 day after the scheduled collection. If the wheeled bins are not presented properly and in accordance with clause 17-18 and clause 20-22 on their scheduled times on the day of collection, the wheeled bins cannot be reported as missed and will not be considered a missed collection for the purpose of clause 10.
24. The Council reserves the right to alter the collection day or collection season and will endeavour to provide adequate notice to householders that would be affected by the alteration.
25. Lids of wheeled bin(s) containing garden waste must be fully closed. The Council reserves the right not to empty bins when the lids are not fully closed as this may cause damage to the lids whilst being mechanically emptied. The bin(s) containing the garden waste must not be compacted too densely that the bin(s) is unable to be emptied. If the bin(s) are compacted too densely, the Council reserves the right not to empty the bin and the wheeled bin cannot be reported as missed and will not be considered a missed collection for the purpose of clause 10. If the Customer does not comply with the requirements contained in this clause on 3 consequent collections, the Council reserves the right to remove the container and cancel the Service immediately, without refund.
26. The Council reserves the right not to empty any bin that in its reasonable opinion poses a health and safety risk to operatives, including overweight bins and, such bins cannot be reported as missed for the purpose of clause 10. Where this is the case we will require the Customer to take steps to reduce the risk to operatives before any further attempt to empty is undertaken.
Customer Obligations
27. Throughout the subscription period, the Customer shall be responsible for the safekeeping of the wheeled bin(s) provided, the cleanliness of the bin(s) and the cleanliness of the site around the bin(s).
28. The Customer will be responsible for any wheeled bin container loss (including theft) and will be required to pay the Council a pre- agreed cost to replace it as at www.sandwell.gov.uk/lostbin
29. The only exception being where a container has dropped into the collection vehicle hopper and is reported on the property record where the Council will deliver a replacement bin free of charge.
30. The Customer is responsible for reporting any container damage to the Council, so that a free repair can be undertaken or where a bin is beyond repair, provide a replacement bin free of charge.
31. If the Customer decides not to pay for a replacement container they will be unable to present garden waste for collection and by default, choose to opt out of the Service. They will not, however, receive a refund.
32. The Council reserves the right to vary the charges and any of these Terms and Conditions at any time giving reasonable notice.
Events Outside the Council's Control
33. The Council will not be responsible for any failure to perform or delay in performance of any of the Council's obligations under these Terms and Conditions that is caused by an "Event Outside the Council's Control". If an "Event Outside the Council's Control" affects the Council's ability to deliver the Service, it will resume normal Service as soon as reasonably practicable after the "Event Outside the Council's Control" is over.
34. "Events Outside the Council 's Control" means any act or event beyond the Council 's reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery /collection vehicles.
Liability and Indemnity
35. The Council will not be liable for any loss of profit or any direct or 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 Service or the performance of any of its other obligations under these Terms and Conditions or with the use by the Customer of the Service supplied whether as a result of breach of contract, breach of statutory duty, tort (including negligence), personal injury due to slips or trips arising from the wheeled bins or their contents being presented by the Customer in an unsafe manner or otherwise howsoever arising. 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
Sub-Contracting
36. The Council shall be free to sub-contract the provision of the Service (or any part thereof).
Contact
37. To contact the Council in respect of any queries, issues, complaints relating to this Service, please visit our feedback webpage or telephone 0121 368 1177 and select option 1 and wait to speak to a Council Contact Centre advisor.
Privacy Notice
38. The Council will process any personal data in accordance with the Council's corporate privacy policy.
39. No information as to the use of the Service by any Customer is or will be, collected, retained or processed, other than in respect of account management.