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Garden waste collection service 2019 terms and conditions

These terms and conditions shall apply to the provision of a green waste collection service (the 'Service') by the Council of the Borough of South Tyneside (the 'Council') to you ('You')

  1. Service Description
  2. Service Eligibility Criteria
  3. Application Process / Payment
  4. Green Waste Bins
  5. Collection Days
  6. Presenting Green Waste Bins
  7. Assisted Collections (help to put your bin out)
  8. Green Waste Bins not collected
  9. Moving House
  10. What can be put in a green waste bin - acceptable material, contamination and overweight green waste bins
  11. Your right to cancel the Service
  12. Refunds upon cancellation of the Service
  13. Liability and Indemnity
  14. Sub Contracting
  15. Statutory Rights
  16. Data Protection statement
  17. Changes to Terms and Conditions

1. Service Description

This Service is for the collection of green waste. The Service runs from approximately April 2019 till November 2019 and there is a charge of £32 per bin. The Council will carry out a maximum of 17 green waste collections per household during this period. A sticker will be provided for each bin that is subscribed, which will be emptied on a day specified by the Council, once in every two weeks.

2. Service Eligibility Criteria

The Council will offer the Service to properties that fulfil the following criteria:

  • Are situated within the boundary of South Tyneside.
  • The area/property must be accessible by a refuse collection vehicle. This includes being able to empty bins and manoeuvre the collection vehicle (turn round) easily and safely.

The Council reserves the right to decline an application for the Service where the Council considers it not viable to do so within the current resources.

3. Application Process / Payment

a) You can subscribe to the Service online, via the Customer Contact Centre or the self-service system at South Shields Town Hall for a period of 1 year. It is Your responsibility to renew your annual subscription.

b) The charge for the Service for 1 year is £32 per bin.

c) Payment can be made by various methods including over the internet, by telephone and in person at South Shields Town Hall via the self-service system.

d) To enable You to receive the maximum of 17 collections per bin, You must have subscribed to the Service on or before 28 February 2019. If You subscribe after this date You may not receive 17 collections per bin. If You do not receive 17 collections per bin; no pro rata reduction in the charge will be given and collections cannot be claimed to be 'owed' or carried forward to the following season.

e) Following payments made from 1 November 2018 to (and including) 28 February 2019, the Council will issue these terms and conditions, details of your collection dates and green waste bin stickers by 1 April 2019*. For payments made after 28 February 2019, the Council will issue green waste stickers within 15 working days*. This means that if You subscribe to the Service after 28 February 2019, You may not receive a collection for up to 5 weeks.

f) The Council reserves the right to refuse an application for the Service based on the eligibility criteria as described in section 2.

4. Green Waste Bins

a) Subscription to this Service is solely for the collection of green waste. If You wish to purchase a green waste bin, You can contact the Customer Contact Centre or purchase the bin online via the Council's website. There is no limit to the number of green waste bins that can be supplied per property.

b) Only green waste bins supplied by the Council will be emptied. Green waste presented in any other container will not be collected.

c) On payment of the annual subscription, the Council will issue You with a bin sticker. Stickers issued by the Council for the Service must be placed below the bin handle and not on the front of the bin and are Your responsibility. You must write Your address, in permanent marker and in the space provided on the bin sticker. Green waste bins must be presented with the sticker facing towards road / collection route.

d) No Service will be provided for green waste bins that are not recorded on the Council's waste service management system and/or not displaying a green waste sticker for the applicable year.

5. Collection Days

a) Green waste will be collected once every two weeks on a specified day, allocated by the Council. The Council reserves the right to alter the collection day or dates of the collection season and will provide reasonable notice in writing to You of any changes.

b) The Service operates from Monday to Friday, excluding Bank Holidays. Details of your collection day and date are contained within Your subscription pack. You can also visit the Council's website to find out Your collection day and date or alternatively contact the Customer Contact Centre on 0191 427 7000.

6. Presenting Green Waste Bins

a) Green waste bins must be presented at the kerbside on the boundary of the property by 7.30am on the day of collection. Green waste bins are to be placed at the same point as the household refuse and blue recycling collection Service bins for collection on their allocated day of collection.

b) All green waste bins must be clearly visible from the road, without any obstructions, away from hedges and walls and presented handles facing the kerb so the sticker can be clearly seen.

c) The green waste bin lid must be closed when presented for collection.

d) After emptying, the green waste bins will be returned to the boundary of the property. It is Your responsibility to ensure that the green waste bin(s) are brought back onto Your property the same day.

7. Assisted Collections (help to put the bin out)

An assisted collection Service is available upon request for eligible households. To receive an assisted collection Service, You can apply online via the Council's website or via the Customer Contact Centre. If You already receive an assisted collection and are eligible for the green waste collection Service, then upon subscription, assisted collection of the green waste bin will be automatically arranged.

8. Green Waste Bins not collected

Bins not presented for collection

a) Green waste bins are to be presented for collection by 7.30am on the designated day of collection.

b) Green waste bins not presented for collection at the time the bin crew arrive at the property will be recorded as a bin not presented for collection.

c) If a green waste bin is recorded as 'bin not presented', You are responsible for disposal of the green waste.

d) Where You do not present Your green waste bin(s) for collection in accordance with section 7, You will have the following options:

  • take the green waste to the Recycling Village, Middlefields
  • subject to section 11, store the green waste in the bin until the next collection day

Missed bin collections

e) A missed bin collection is where a green waste bin has not been emptied, on the allocated collection day, by the Council, due to either unforeseen operational difficulties, inclement weather or in the event of a Force Majeure**.  

f) In the event that the Council has missed the collection of a green waste bin, You should contact the Council via the Customer Contact Centre on 0191 427 7000 to report a 'missed bin collection'. In circumstances where a 'missed bin collection' is reported, a repeat collection will be provided and where possible, the Council will return and collect the green waste within 5 working days (not including the day of collection) from when the missed collection was reported. In these circumstances You will not be entitled to a refund or part refund of the charge.

9. Moving house

a) The Service relates to collections from a particular property or household.

b) If You move to a new house in South Tyneside You can take the green waste bin with You. You  need to notify the Council, by contacting the Customer Contact Centre on 0191 427 7000 of Your change of address as soon as possible. The Council will then establish whether the new property satisfies the eligibility criteria in section 2 and then notify You of the outcome in writing, and of the new collection day if appropriate.

c) Refunds will not be given if the new property is not eligible to receive the Service under section 2.

10. What can be put in a green waste bin - acceptable material, contamination and overweight green waste bins

a) Only loose green waste may be placed in the green waste bin. Green waste includes grass cuttings, flowers, small amounts of turf and soil, small tree branches (5cm or less in diameter), loose leaves, shrub and hedge trimmings. Large tree branches (greater than 5cm in diameter), stones and gravel etc. are not permitted. The green waste must not be placed in plastic bags or any other sort of packaging including plastic plant pots, as this affects the composting process and contaminates the resultant compost.

b) Contaminated green waste bins (i.e. bins containing incorrect materials or plastic bags) will not be emptied.  A sticker will be applied to the bin to inform You of what incorrect materials have been left in the bin. The bin will be recorded as having contrary items in it. If the bin is contaminated, it is Your responsibility to remove the item(s) of contamination prior to the next collection. If the contamination continues, the Council reserves the right to cancel the green waste collection Service to that particular property.

c) Green waste bins that are overflowing or overweight, i.e. where the collection crew are unable to move the bin, or the lifts on the bin wagon are unable to lift the bin to empty it, due to it being overweight, will not be emptied. A sticker will be placed on the bin to identify it as being overweight or overflowing. If the bin is overflowing or overweight, it is Your responsibility to remove the item(s) prior to the next collection.

d) If the green waste bin is compacted too densely it may not be possible to empty the bin. A sticker will be applied to the bin to advise You that the material in the bin is too densely packed; the bin will be recorded as materials too densely packed, and the You will then be required to loosen it sufficiently so that it can be emptied on the next scheduled collection day.

f) No side waste will be collected, i.e. no extra waste next to the bin or balanced on the lid.

11. Your right to cancel the Service

You are entitled to cancel this agreement at any time.

Requests to cancel the Service can be made using the following methods:

  • by email to referencing 'green waste cancellation', providing your full name, the address of the property and the relevant contact details.
  • by telephoning the Customer Contact Centre on 0191 427 7000 .

12. Refunds upon cancellation of the Service

a) Before the Council begins to provide the Service, You may cancel Your application within 14 calendar days after the date upon which You have received these terms and conditions. In these circumstances the Council will refund the charge in full. The Council will not refund the charge if cancellation is made after this time.

b) Once You are in receipt of the Service and You subsequently wish to cancel the Service You will not be entitled to a refund or partial refund of the charge.

13. Liability and indemnity 

a) The Council will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these terms and conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Council's employees, 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 You of the Services supplied.

b) The Council shall not be liable to You or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Council's obligations if such delay or failure is due to any cause beyond the Council's reasonable control.

c) 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. 

14. Sub-contracting

The Council shall be free to sub-contract the provision of the Service (or any part thereof). 

15. Statutory Rights

These terms and conditions do not affect Your statutory rights.

16. Data Protection Statement

Information required

The Council requires the following information from You when subscribing to this Service; the information collected is detailed below:

  • Name
  • Property address
  • Email address
  • Telephone number (including mobile number)

You are required to notify the Council of any changes to the information supplied when subscribing to the Service.

How the Council will use this information

The information collected by the Council is retained solely for the purpose of providing the Service.

17. Changes to Terms and Conditions

The Council reserves the right to amend these terms and conditions at any time. You will be notified in writing of any changes.

* Changes to this time period or dates may apply during, inclement weather, in cases of operational difficulty or any event of 'Force Majeure'.

**'Force Majeure' means an event or circumstance which is beyond the reasonable control of the Council. This includes without limitation: acts of God, ware, industrial action protests, fire, flood, storm, tempest, epidemic, explosion, acts of terrorism and national emergencies.

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