Domestic Customers Terms and Conditions
1. Country Clean will supply and the customer will take on hire upon the terms and conditions herein mentioned the Toter Wheeled Bin more particularly described overleaf (hereinafter called "The Bin") on simple hire for the minimum period specified overleaf and thereafter from week to week or from month to month or from year to year as the case may be until or unless the hiring is brought to an end by one months’ notice in writing, or as herein provided.
2. So long as the hiring continues the customer shall pay to Country Clean, in advance, rent in the amount and by the payments set out overleaf on or before the commencement of each rent period. Payments shall be made without demand, to the Company's Bank Account or their representatives.
3. This agreement and the rights of Country Clean and of the customer under or in any manner arising out of it shall be subject to and governed by:
A.The terms, matters and directions set out in these pages.
B.The general terms and conditions printed herein which conditions the customer hereby acknowledges have been brought to his/her notice and the customer agrees to:
4. Keep the wheelie bin in good and substantial repair and condition (fair, wear and tear only excepted) on the Customers premises so as not to create litter in a public place or in any place that is visible to any extent from a public place, comply with any notices under the Litter Pollution Act 1997(as amended), and replace the wheelie bin should it be stolen or broken and in default of so doing permit Country Clean to replace the broken or stolen bin at a delivery cost of €10 and a bin replacement cost of €25.
5. Permit Country Clean and other person authorised by him at all reasonable times to enter upon the premises in which the wheelie bin is for the time being placed or kept for the purpose of inspection and examining the condition of the wheelie bin or repairing the same or taking possession thereof. Country Clean will provide the Customer with reasonable notice of any such inspection, examination, repair or recovery of the Bins, informing the Customer of the time period within which such inspection, examination, repair or recovery shall take place. For the repossession of bins all contents must be removed.
6. Indemnify Country Clean against all third party claims howsoever arising.
7. From the day of commencement of this Contract the customer has the right to cancel within 7 working days without any reason given and upon such cancellation they will be entitled to a full refund of all sums paid to the Company.
8. Either party can terminate this contract on two months’ notice. Termination of the contract must be in writing; by post or email. The written notification if the Customer’s wish to terminate must contain the Customer’s name, address and the account details of the account into which any refund is to be paid.
9. On termination or cancellation of this contract, Country Clean reserves the right to take possession of the Bins and the Customer agrees to permit Country Clean to recover the Bins as per clause 5 of these terms and conditions.
10. Termination of this contract, within the 12 month period, by the Customer, for any reason other than total or partial non-performance of or inadequate performance of any of its contractual obligations by Country Clean, (not caused by factors outside the control of Country Clean) - within the 12 month period, will result in a Bin Recovery Charge being charged to the Customer. The charge will reflect the actual expenditure in respect of recovery of all bins in the possession of the Customer. This charge will not exceed €25.90, which reflects the average recovery cost being €10, and a Bin sanitation cost of €15.90.
11. On termination of the contract by either party, if the Customer does not comply with their agreement per clauses 5 and 7 and allow Country Clean to recover the Bins, a Bin Replacement and Attempted Recovery Charge will be charged to the Customer. This charge will reflect the fees chargeable in respect of replacing bins, as well as any actual expenditure in respect of attempted Bin recovery (any charge for attempted Bin recovery will not exceed €10). The maximum charge possible for a Customer for failing to return the Bins to Country Clean on termination is €101 (€91 in respect of replacement of all bins and €10 in respect of attempted recovery).
12. Country Clean may terminate this agreement:
A.If the customer commits any breach of his/her obligations hereunder
B. If the customer shall commit an act of Bankruptcy or have a receiving order made against him/her or if distress or execution shall be levied or threatened upon any of the customer’s property or any judgement against the customer shall remain unsatisfied for more than fourteen days.
13. Country Clean Recycling will deliver bins for service within 10 working days of order.
14. Strictly one set of bins per dwelling. Bins cannot, under any circumstances, be shared between dwellings.
15. The Company retains ownership of its equipment (e.g. bins, locks, etc.) at all times and cannot be used for any other purpose other than for the services of Country Clean and cannot be used by any other service provider.
16. The Company may, without notice, suspend the service provided to you wholly or partially if the service cost is outstanding for 15 days after the invoice date.
17. All bins must be left on the kerbside the night before collection for collection. Bins not left out on time will not be collected until the following scheduled service day.
18. The Company will provide you with one month’s notice in advance of any changes to the pricing structure for commercial reasons. Please note your right to terminate the Contract in such circumstances as set out in clause 7.
19. The Company shall be entitled to vary the Charges due to changes in (a) Government Levies, (b) Vat or other equivalent taxes, (c) Legislative Amendments which directly affect the provision of the service. The Company shall notify you no later than 30 days before changes come into effect. Such changes shall take effect from the later of the date specified by the Company in such notice or 30 days after the end of such notice. Please note your right to terminate the Contract in such circumstances as set out in clauses 7 and 8 (as applicable)".
20. In the extremely unlikely event that the weighing systems fail, and we empty your bin, we will only charge you based on your average weights over the previous 4 collections.
21. Fair Usage Policy
a) This fair usage policy ("Policy") sets out an acceptable level of conduct between the Company and you relating to your use of the Service. This Policy is put into place to ensure that you will use the Service responsibly and appropriately.
b) By accepting our Terms and Conditions for the Service, you agree to be bound by this Policy.
c) The Company has calculated the weight of waste that is produced by various categories of households (e.g. based on the number of residents) in a given period (i.e. 12 months) and a great majority of households will comfortably operate within the weight allowance. The Company reserves the right to charge for excessive weight beyond the allowances. Details of the charges and the threshold allowance are set out in the Schedule hereto.
140L waste bin Threshold 20kg
240L waste bin Threshold 35kg
360L waste bin Threshold 50kg
Excess weight charges 20 cent per kg
22. Country Clean reserves the right to alter the collection schedule but will notify the Customer where reasonably practicable in advance.
23. Customers acknowledge and accept that Country Clean provides a pre-paid service and to ensure collection must have sufficient credit on their account 48 hours prior to their scheduled collection
24. This contract and these terms and conditions shall apply for a period of 6 months and the Customer is deemed to be bound by these terms and conditions from the date of the first payment made by the Customer to Country Clean in respect of the provision of the Service, or part of the Service.
25. Country Clean cannot be held responsible for any inconvenience arising from failure to provide the Service because of factors which could reasonably be considered to be outside the control of Country Clean, such as adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns which are unexpected and could not have been prevented by the proper execution of a reasonable preventative maintenance program
26. Only material inside the wheelie bin with the lid closed and as described on this website, may be placed in the waste, recycling, glass and compost bin respectively. Contaminated bins will not be collected by Country Clean.
27. All notices and communications concerning this Agreement from the Company to the Customer may be by email, letter, text message at the address or telephone number specified by the customer. All notices from the Customer to the Company pursuant to this agreement shoulde in writing addressed to Country Clean Recycling, Ballygown, Mallow, Co Cork: Attention: Customer Service Team or by email firstname.lastname@example.org