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Chargeable Garden Waste Collections - Terms and Conditions

The Terms and Conditions

The terms and conditions regulate Aberdeen City Council’s Chargeable Garden Waste Collection Service. By agreeing to pay for the service the customer will be deemed to have accepted the terms and conditions.
 

In the Terms and Conditions (including the foregoing preamble) the following expressions have the following meanings:

“Brown bin” means the brown bin supplied in terms of clause 3.13, or other receptacle which may be specified by the Council, for the depositing of food waste, garden waste or other waste, as may be specified by the Council.

“The brown bin collection route” means the route in the Council’s local authority area for the collection of brown bins, which route may be defined, changed and amended by the Council from time to time;

“The Council” means Aberdeen City Council;

“Commercial properties” means any property which is not a domestic property;

“Customer” means the person or persons to whom the Council provides the service and from whom the Council have received the payment;

“Domestic properties” means a chargeable dwelling for council tax purposes, whether or not an exemption applies or whether the customer is individually liable to pay council tax; and “domestic property” will be construed accordingly;

“The payment” means the sum due to the Council by the customer for one (1) year’s subscription for one permit, or as the case may be for two or three permits as required; which sum or sums is to be determined by the Council after review each year;

“The permit” means the document, sign, sticker or other signifier which is to be attached to the brown bin, for the collection of garden waste;

“The service” means the collection of garden waste by the Council from the brown bin supplied to the customer or any other receptacle as the Council may specify to the customer in writing;

“Terms and conditions” means these terms and conditions.
 

The following is required for an application for a Permit:

2.1.    Only domestic properties and places of worship on the brown bin collection route are eligible to apply for the service. For the avoidance of doubt, commercial properties are not eligible for the service. 

2.2.    The Customer must have a brown bin to use the service. The customer will be obliged to order a brown bin from the Council if the customer is to use the service. The Council will not be liable for any missed collections where the customer does not have a brown bin.

2.3.    The Customer must have made the payment for the year in which the customer wishes to use the service. 
 

The Permit will function in the following way:

3.1.    The customer is responsible for ensuring that the permit is correctly affixed to each individual brown bin per the instructions on the back of the permit. 

3.2.    The Council will not be held liable for any missed collections while the customer is waiting for the permit to arrive.

3.3.    A permit will be valid if the payment has been made in respect of that permit for the year in which the permit is being used by the customer (hereafter referred to as “valid permit”).

3.4.    A permit will be applicable to the address which the customer has specified and cannot be changed or refunded thereafter.

3.5.    Anyone moving into a property that has an existing valid permit may continue to use the permit until it expires. The customer will need make a payment to renew the permit if the customer wishes to continue using the service for the following year. 

3.6.     A permit can be used by any person at the address to which the customer has designated as the address for the permit. 

3.7.    In the case of blocks of flats or tenements, residents may choose to share one or more brown bins, and in this case, one resident (the “group customer”) must be appointed to act on behalf of the group and will be required to make an application for a permit for the shared brown bins and make the payment. The group customer will be solely responsible for making the payment and ensuring that the terms and conditions are complied with by all residents relative to that group.

3.8.    Clause 3.7 does not prevent any one domestic property which is a flat of a block of flats or a tenement from applying for their own permit or their own brown bin in terms of Clause 3.6.

3.9.    Brown bins containing garden waste will only be emptied if they display a valid permit.

3.10.    Any replacement permits will be marked as such. 

3.11.    The Customer may have a maximum of three (3)permits.

3.12.     The payment will entitle the customer to at least one (1) permit or two (2) permits as required. A third permit is available at an additional cost. 

3.13.    The payment is payable in advance of the issue or renewal of the permit and is non-refundable.

3.14.    The subscription year of the permit runs from 1 September to 31 August the following year and is non-refundable. Furthermore, no discounts apply, regardless of when in the year the customer makes the payment or receives the permit. 

3.15.    The Council will provide each eligible domestic property with one brown bin.  Any additional brown bins will be subject to a delivery charge.

The following conditions apply to the use of the Permit:

4.1.    The brown bin must be presented at the kerbside by the Council by 7am on the collection day. The Council will not return to empty bins missed because they were not presented on time.

4.2.    The customer may present a maximum of three (3) brown bins on their scheduled collection day and any brown bin which contains garden waste must display a valid permit.

4.3.    What constitutes garden waste will be determined solely by the Council, and information regarding what can go in the brown bin will be published on the Council’s website.
 

The following limitations apply to the Council’s obligations with respect to the permit:

5.1.    The Council reserves the right not to empty a brown bin in the following circumstances and no refunds will be given: 

5.1.1.    If containing incorrect item(s), which for the avoidance of doubt does not include food waste which is to be deposited in the brown bin unless otherwise directed by the Council;
5.1.2.    If overfilled and/or too heavy;
5.1.3.    Where the contents are compacted or frozen and cannot be dislodged;
5.1.4.    Where access cannot be gained due to inclement weather, roadworks or other reasons outwith the Council’s control;
5.1.5.    Where these terms and conditions are not complied with by the customer.

5.2.    The Council will not remove waste left beside or on top of the bin.

5.3.    The Council reserves the right to withdraw the permit and the provision of the service and remove a brown bin or bins where it is repeatedly contaminated with any waste other than that specified by the Council. The customer is not eligible for a refund of the payment if the service is withdrawn for this reason. 

5.4.    The Customer will not be eligible for a refund of the payment for missed collections. The Council will use reasonable endeavours to remove waste from bins reported as not emptied, in line with current policy. 

5.5.    The Council will not ordinarily empty brown bins on the following days: - New Year’s Day and Christmas Day. Alternative collection days will be provided and shall be advertised on the Council’s website.

5.6.    The Council reserves the right to withdraw, alter or amend the collection of brown bins without notice or refund in the event of war or other emergency, civil commotion, riot, strikes, adverse weather or road conditions or other circumstances outwith the Council’s control. 
 

6.1.    Brown bins remain the property of Aberdeen City Council and should not be removed from the property to which they are assigned. 

6.2.    The Customer is responsible for keeping their brown bin clean.

6.3.    The requirement to have a permit for garden waste does not affect the use of the brown bin for disposing of food waste unless otherwise directed by the Council.

6.4.    The Customer will remove their brown bin from the area designated by the Council for collection as soon as possible after collection and store it securely, within the boundary of their property between collections.

6.5.    The Customer is responsible for the security of the brown bin between collections.

6.6.    The Council reserves the right to amend any other the forgoing clauses in these terms and conditions.
 

7.1.    Current waste policies can be may be found on the Council’s website

7.2.    Please check with the Council to find out if your property is eligible for garden waste collection.

7.3.    Please check the Council’s website for advice regarding what can be placed in the brown bin.


 

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