Garden waste service terms and conditions

Terms and conditions 2024

  1. This agreement is made between the resident ('the customer') and Hinckley & Bosworth Borough Council ('the council') of Hinckley Hub, Rugby Road, Hinckley, Leics LE10 0FR, and sets out the terms and conditions under which the customer may use the council’s garden waste fortnightly collection service ('the service').
  2. The collection service will run from 1 June to 31 May and will be available only to customers who have subscribed for the service in advance. The service will be suspended for two weeks over the Christmas and New Year period each year.
  3. Customer subscriptions are renewable annually and only customers who have paid their subscription in advance are eligible to receive the service. Please allow 10 working days from the payment for delivery of your sticker.
  4. The subscription consists of an annual charge to the customer which is set by the council as part of budget setting for the period June to May each year. The cost of the service is determined by the council on an annual basis.
  5. Once payment has been made, the customer will allow 10 working days to receive a sticker. This sticker will be placed on the brown-lidded wheeled bin provided by the council for the collection of garden waste services. The wheelie bin(s) remain the property of the council at all times.
  6. 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.
  7. The council reserves the right to stop taking orders for the garden waste service at any time within the service year.
  8. 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.
  9. 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 death, being away on holiday or being away from home for whatever reason, the customer will not receive a refund for that period.

Ownership

  1. Households will be responsible for the wheelie bin(s). If the customer moves to another address with the council’s area where the council provides the garden waste service, the customer should take their brown lidded bin (s) with them and provide the council the new address. The council will issue a new sticker with the new address which should be placed on the bin.
  2. For the avoidance of doubt, the bin(s) remains the property of the council at all times.
  3. You may share a bin with your neighbour. Where a number of households share wheelie bins, the council will only retain one person's contact name and details, and this person will be responsible for adhering to these terms and conditions.
  4. Wheelie bins must be presented and will be collected in accordance with the council’s wheeled bin and container policy (DOCX). 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. The council shall use reasonable endeavours to complete its performance of the Service in the times agreed. Time will not be of the essence in the performance of the service
  5. 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 lids whilst being mechanically emptied. The wheelie bin(s) containing the garden waste must not be compacted too densely that the bin(s) is unable to be emptied. If wheelie bin(s) are compacted too densely, the council reserves the right not to empty the bin. If the householder persistently does not comply with the requirements contained in this clause, the council reserves the right to remove the wheelie bin(s) and cancel the service, without refund.
  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.

Customer obligations

  1. 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).
  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 a pre-agreed cost as published in its fees and charges listing which will include the cost of the wheelie bin, delivery and admin costs arising from any such loss, theft or damage.
  3. Only 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. 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. 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

  1. 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 are 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 as normal service as soon as reasonably practicable after the 'event outside the council's control' is over.
  2. 'Events outside the council's control', this 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, and breakdown in machinery or collection vehicles.

Liability and indemnity

  1. 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 wheelie bins or their contents being presented by the Customer in an unsafe manner or otherwise howsoever arising.

Sub-contracting

  1. The council shall be free to sub-contract the provision of the service (or any part thereof).

Privacy notice

  1. Hinckley & Bosworth Borough Council will process any personal data in accordance with the council’s corporate privacy policy We will process your personal data in accordance with the Data Protection Act 2018. We may share your personal data with third parties for the provision of service. We will use your personal data to provide the services.

Contact

To contact the council in respect of any queries, issues, complaints relating to this service, please visit bins, rubbish and recycling or contact the Customer Services Team on 01455 238141.

Last updated: 24/04/2024 16:30