Terms and conditions - Garden waste service

This agreement is made between the resident (‘the Customer’) and Cheshire East Council (‘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’).

To subscribe to the service and to find out more visit the garden bin subscription page. 

Definitions

‘Service’ shall mean the collection via a wheeled bin of domestic green waste from the agreed collection point by the Customer’s home.

‘Service Year’ shall mean the period commencing on 20th January (dependant on customers collection schedule) and ending in December of the same year.

‘Wheelie Bin’ shall mean a bin sized at 240l or 140l.

1. Service Subscription

1.1 The Council does not have a statutory duty to collect garden waste. In consideration of the payment of the Subscription the Customer will subscribe to the Service.
1.2 The Service is for householders not businesses. All residential premises and properties within the Borough of the Council assessed as suitable will be eligible for the Service.
1.3 Subscriptions are renewed annually and only Customers who have paid their subscription at least one month in advance are guaranteed to receive the Service from the start of the Service year.
1.4 The Service will operate throughout the Service Year.
1.5 The contract between the Customer and the Council will be entered into on the date the Council receive the completed application for the Service (or information to complete the form if taken via a telephone call) If at the point of application (but not otherwise) , the Customer is in receipt of means tested benefit(s) the Customer is eligible for a reduction of 25% of the Subscription. To receive the discount they must live at the premises and be in receipt of means tested benefits or be applying on behalf of someone who lives at the premises and is in receipt of means tested benefits.
1.6 The Council will carry out a maximum of 24 scheduled garden waste collections per household during the Service Year.
The Service will be suspended during the Christmas and New Year period for four weeks. Further details will be provided closer to the time on the Council’s website.
1.7 The Council will be deemed to have commenced the supply of the Service on the date that the Council requests the printing of the self-adhesive permit as detailed in clauses 1.9 and 3 below, even if the collections have not commenced.
1.8 The Subscription consists of an annual charge to the Customer which is set by the Council for the relevant Service Year. The cost of the Service is determined by the Council on an annual basis. The full yearly fee will still be required whatever date the subscription was taken out either before or within the relevant Service Year.
1.9 Full payment, including the payment for any additional bins will be taken at the point of the contract being entered into and before the Service is provided.
1.10 As part of the Service the Council will provide a wheelie bin in order to enable garden waste collections pursuant to the Service.
1.11 Neighbours can share the Service, but the wheelie bin must be registered at one property for collections and the subscription. The agreement to share the bin is between the Customer and neighbour only and the Council assumes no liability in relation to such arrangement.
1.12 Communal properties wishing to subscribe to the service must register through their housing association/letting agent or formal resident’s group.
1.13 Payment can be made by credit or debit card as part of the subscription application process. The Customer can complete a subscription application online at cheshireeast.gov.uk/gardenbin or by contacting the Customer Services Team on 0300 123 5011
1.14 In the 3-month period before the subscription period ends a reminder will be sent to the Customer notifying them of the charges set by the Council for the forthcoming Service Year.
1.15 The Council reserve the right to make minor amendments to these terms and conditions. Publication of such changes on its website will constitute notice to all persons for all purposes of such and on such publication, such amended terms and conditions shall govern the contractual relationship between the parties.

2. Termination

2.1 A Customer may terminate the contract at any time, unless the contract has been fully performed, however refunds will only be offered as detailed in Clause 7 below.
2.2 Pursuant to the notice appearing at the top of these terms and conditions, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regulations”) the Customer is entitled to cancel the contract in the following circumstances
2.3.1 the agreement was made over the phone or via the Council’s website/Subscription portal.
2.3.2 the request for a refund is not made more than 14 days after the contract for the Service was entered into.
2.4 If the Customer wishes to ensure they receive the Service at the start of the Service Year or as soon as possible if they subscribe during the Service Year, they will be given the option to request early supply of the Service. In which case the printing of the permit will be requested as soon as reasonably practical following the statutory cancellation period.
2.5 Cancellation of the contract within the cooling off period must be made by making a clear statement setting out the decision to cancel the contract by using www.cheshireeast.gov.uk/council_and_democracy/customer-services/contact-us. or calling customer services on 0300 123 5011. If you cancel your subscription, you must remove your permit sticker.

 

3. Garden Waste Permits

3.1 When full payment has been received for the Service a self-adhesive permit will be issued subject to clauses 2.3 and 2.4 above.
3.2 The self-adhesive permit provides a visual identification of payment which will allow the collection crews to identify which garden waste bins are to be emptied.
3.3 If the Customer subscribes to more than one bin the Customer will receive a permit for each bin.
3.4 The wheelie bin must display the permit that is issued by the Council upon payment of the annual charge. It is the responsibility of the Customer to display the subscription permit on the wheelie bin. The subscription permit must be displayed underneath the handle on the body of the wheelie bin. It must be presented in accordance with the clauses in clause 6 of this agreement and positioned so that the subscription permit is visible from the roadside.

4. Storage of Wheelie bins

4.1 Wheelie bins shall be kept at the property stated when the Customer ordered the Service and may only be removed with the prior permission of the Council. The wheelie bins remain the property of the Council at all times.
4.2 The Customer will be responsible for any loss (including theft) or damage to the wheelie bin(s), and will be required to pay the Council for a replacement bin as detailed on the website. .4.3 Throughout the subscription period the Customer shall be responsible for the safekeeping of the wheelie bin(s), the cleanliness of the wheelie bin(s) and the cleanliness of the site around the wheelie bin(s).
4.3Only wheelie bins that are damaged through the fault of the Council and reported as such will be replaced by the Council at the Council’s cost.
4.4 Replacement wheelie bins maybe second hand. The Customer should expect the second-hand bin to be clean and free of writing and without faults at the time of delivery.
If the Customer decides not to pay for a replacement wheelie bin(s) 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.

5. Moving house

5.1 If Customers move house within the Borough to an eligible property their subscription will continue at their new address. Customers will be sent a new permit for the wheelie bin(s) at their new property.
5.2 Customers are responsible for informing the Council that they are moving house.
5.3 Customers are responsible for the removal of the permit at their current address and ensuring that the new permit(s) are displayed correctly at their new address.
5.4 If Customers subscribe to the Service and move to a home outside of the Borough the Customer will not be eligible for a refund on the subscription fee paid.

6. Service conditions

In using the Service the Customer accepts that:
6.1 Wheelie bins must be presented, unless otherwise directed, on the backline of the property (i.e. at the edge of the property) at the front of the house and presented in accordance with the provisions stated in clause 3.4 of these terms and conditions
6.2 Wheelie bins must be presented on their scheduled collection day by 6:30am (or no earlier than 6pm the day before) and then, retrieved by the Customer no later than midnight of the day of collection. If the wheelie bins are not presented properly in accordance with these terms and conditions on the scheduled day of collection the wheelie bin(s) cannot be reported as missed and will not be considered a missed collection for the purposes of clause 7.
6.3 Customers can check their day of collection by checking the Councils website or by contacting our Customer Services team on 0300 123 5011.
6.4 Lids of wheelie 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 lifts whilst being mechanically emptied. The wheelie bin(s) must not be compacted too densely as to make the wheelie bin(s) too heavy and unable to be collected. The Council reserves the right not to empty the bin in this instance. If the Customer persistently does not comply with the requirements in this clause, the Council reserves the right to remove the wheelie bin(s) and cancel the Service, without refund.
6.5 Customers may use the Service for the collection of all items of household garden waste. Any waste or matter not specified on the website 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.
6.6 The Council reserves the right not to empty/collect any bin that in its reasonable opinion poses a health and safety risk to operatives, and may require the Customer to take steps to reduce the risk to operatives before any further attempt to empty/collect is undertaken.
6.7 Only garden waste wheelie bins supplied by the Council and displaying a valid permit will be emptied. Garden waste presented in any other container will not be collected.
6.8 The Council has the right to cancel any contract where the garden waste is produced as a result of a commercial operation and not domestic, with no refund.

7. Refunds

7.1 Refunds for the Service will be considered (in the discretion of the Council) in the following circumstances:
7.1.1 where there has been a Service failure as detailed in clause 7.2 below (except where due to any event(s) outside the Council’s control); or
7.1.2 where the Customer is exercising their statutory right of cancellation under the 2013 Regulations.
7.2 The following circumstances will be deemed as a Service failure:
7.2.1 If the Council fails to deliver a garden waste wheelie bin within 6 weeks of the date on which the Customer should have had their first collection in any service year; or
7.2.2 If the Council fails to replace a garden waste wheelie bin within 6 weeks of the date on which the Customer reports that they have damaged a bin; or
7.2.3 If the Council :
7.2.3.1 fails to rectify a reported missed collection of garden waste on 3 consecutive nominated collection days. The Customer must report a missed bin collection within 2 days after their scheduled day of collection either using their bins account or online at www. cheshireeast.gov.uk/gardenbin or by contacting the Customer Services Team on 0300 123 5011
7.2.3.2 (Not including clause 1.6), suspends the service collection of garden waste for 3 or more consecutive nominated collection days.
7.3 In accordance with clause 7 if the Customer is due a refund the refund will be calculated on a pro-rata basis for any Service Failures or where the customer is exercising their rights under clause 7.1.2 for the remainder of the Service Year.

8. Events outside the Council’s control

8.1 The Council and its Contractor 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 and such event shall not entitle the Customer to cancel the Subscription and claim a refund unless such event shall continue for the prior of 8 weeks.
8.2 ‘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, pandemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles and frozen bins.
8.3 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), or their contents being presented by the Customer in an unsafe manner or otherwise howsoever arising.

9. Complaints

9.1 Any initial complaints regarding the service the Customer should contact the Council online or by contacting the Customer Services Team on 0300 123 5011
9.2 If the Customer is not satisfied with the outcome of the complaint, they may use the Councils complaints procedure as contained on the Council’s website.

10. Privacy

10.1 Cheshire East Council will treat all information provided in confidence, in accordance with the Data Protection Act 2018 and the UK GDPR and will be used for the purpose or purposes for which it was intended and may be shared with other departments in the council and other enforcing authorities for the purpose of preventing fraud, misuse of public funds and any legal or statutory requirements. For more information on how we process your personal data and your rights as a data subject, visit our website.
10.2 Customers acknowledge that the Council will use their personal details to contact them from time to time in relation to the provisions of this service or renewal of subscriptions.