Garden waste service terms and conditions

Garden Waste annual chargeable service terms and conditions

North Somerset Environment Company (NSEC) carries out garden waste collections on behalf of North Somerset Council in fulfilment of its duty under section 45 of the Environmental Protection Act 1990. The basis on which the Garden Waste Collection Service is provided to residents is set out in these terms and conditions.

Status of this agreement

1. This agreement forms a binding contract between North Somerset Council (NSC) and you. By signing up to the Garden Waste Collection Service you agree to be bound by the terms set out here. Acceptance of the terms does not affect your statutory rights.

Price, payment, and duration

2. The Garden Waste Collection Service is an annual service running 1 April- 31 March each year. You may sign up at any time during the year however the cost remains the same. No refunds will be made for cancellations part-way through the year (except under the circumstances set out in clauses 18 and 20 below).

3. The price of sign up to the Garden Waste Collection Service is detailed on North Somerset Council website at: www.n-somerset.gov.uk/gardenwaste

4. NSC will contact you 30 days before the end of the annual service setting out the charge that will be payable for the Garden Waste Collection Service for the following year. If you pay by direct debit and wish to cancel the service rather than to renew it, you must give NSC 30 days’ notice of cancellation. There will be no auto-renewal for those who make a one-off annual payment.

Provision and ownership of bins

5. Delivery of a bin (or bags) for addresses requiring a container and the start of collections may take up to 28 working days following sign up and payment.

6. NSC will provide new sign-ups with a 240-litre bin as standard for use with the Garden Waste Collection Service. Where a property is not suitable for a wheeled bin and receives a sack refuse collection, three garden waste bags (equivalent to approximately one bin) will be provided instead.  Bins and bags remain the property of NSC. If the bin that has been provided to you is lost, stolen, or damaged you may be charged the cost of replacement and delivery.

7. If your property was registered under the previous garden waste service for a 180-litre bin, collections will continue from this container once signed up to this service and will only be exchanged upon request for a 240-litre container. You may request a container swap. Requests may take up to 28 working days and NSC may charge for this. The charge to swap a container will be detailed on the website at: www.n-somerset.gov.uk/gardenwaste

8. Where you move address, the bin and service for the remainder of the year stays with the property. You must not take the bin (or bags) with you. If you wish to receive a garden waste collection from your new property and it is not already signed up, you will need to sign up and pay the annual charge again. Garden waste bins (or bags) presented for collection at different address after being moved and transported, will not be emptied.

Acceptable use and location of collection

9. Only certain materials should be placed in the bin (or bags) for collection. A list can be found at www.n-somerset.gov.uk/gardenwaste which sets out which materials are accepted, and which are not. NSC will not empty bins (or bags) that contain incorrect material.

10. NSC will not empty bins (or bags) where staff reasonably consider there is a risk of personal injury to staff or damage to the bin, the collection vehicle, or other property for any reason including, for example, excess weight or frozen contents. Where a collection is refused for this reason an advisory note will be affixed to the bin and a log of the refusal reason will be made on the waste management system. The householder must reduce the weight of the contents or otherwise remove the risk before the bin (or bags) will be emptied on the next scheduled collection.

11. NSC’s decision on whether a bin or bags will be emptied where you have not complied with clause 9 and/or 10 will be final, and an alternate collection will not be arranged, nor compensation provided.

12. The Garden Waste Collection Service is only provided to domestic properties (i.e. those which fall within the definition of “dwelling” in section 3 of the Local Government Finance Act 1992). Collections will not be made from any property other than the property to which you sign up.

Frequency of collections, collection failures, and unforeseen events

13. Garden Waste will only be collected from the bin (or bags) provided. NSC will not collect garden waste which is not in the bin or bags and in the case of a bin the lid must be closed.

14. Garden waste will be collected once each fortnight (March-November) and monthly during the winter months (December – February). Details of your collection day is available on NSC’s website.

15. The day of collection may be affected by Bank Holidays and exceptional circumstances such as inclement weather.  NSC will make all reasonable steps to notify you of a change of collection day in good time but this may not be possible in certain circumstances. NSC will always confirm changes on the website.

16. Bins (or bags) must be put out before 7.00am on your designated collection day and no earlier than the night before and should be brought back onto your property as soon as possible after collection. You should not place the bin (or bags) in a way that obstructs pavements or roads.

17. It is possible that during the service year unforeseen events beyond NSC’s control may arise which affect the operation of the Garden Waste Collection Service. Such circumstances may include, but are not limited to:

  • acts of God, flood, drought, earthquake, or other natural disaster
  • epidemic or pandemic, including the effect of government measures to contain and control such outbreaks
  • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict
  • nuclear, chemical, or biological contamination or sonic boom
  • collapse of buildings, fire, explosion, or accident
  • any labour or trade dispute, strikes, industrial action or lockouts
  • interruption or failure of utility service

18. Where any unforeseen event (or similar) detailed in clause 17 arises NSC reserves the right to vary the Garden Waste Collection Service including by cancelling or rescheduling collections as far as is reasonably necessary under the circumstances. No refund will be provided for cancelled collections under these circumstances. However, where any circumstance arises which prevents NSC from fulfilling this contract for a period of 60 days or more you may cancel your sign up by giving NSC  30 days’ notice in writing to Garden Waste, Recycling and Waste, Castlewood, Tickenham Road, Clevedon, BS21 6FW. Where you cancel the garden waste service under these circumstances you will receive a refund which will be calculated on the basis of the cancelled portion of the service year.

19. Where a collection is missed for reasons within the control of NSC or its contractor, and NSC is made aware of the missed collection either by you within two working days of the scheduled collection or by the contractor NSC will arrange a new collection to take place within two working days of being notified of the missed collection. No refunds will be provided under these circumstances.

20. In periods of exceptionally hot weather (during the summer months) NSC reserves the right to start collections from 6am. Information will be provided on NSC’s website if this is being implemented. NSC will not return to bins which were not presented in time and no refund will be provided for a missed collection under these circumstances.

Variation of this contract

21. NSC may vary or amend this contract on giving you 60 days’ written notice of its intention to do so. Where you receive such notice, you may cancel your service by providing NSC with 30 days’ notice. Where you cancel under these circumstances you will receive a refund which will be calculated on the basis of the cancelled portion of the service year.

Annual Service Suspension

22. The Garden Waste Collection Service does not operate for a six-week period around Christmas. No refund will be provided for this period.

Distance selling termination rights

23. Under the Consumer Rights Act 2015 you have the right to change your mind about your subscription and cancel your contract within a 14-day period. The 14 days will commence from the day you sign up and pay. If you should wish to cancel within this period, please e‐mail to gardenwaste@n-somerset.gov.uk. Your signup fee will be refunded within 14 days of your notice of cancellation if you cancel during this period. If you already have a bin where you cancel in this way NSC may contact, you to arrange collection of the bin. A charge may be made where the bin has been damaged after delivery to you.

Data Processing

24. In order to administer the Garden Waste Collection Service, it will be necessary for NSC to process certain personal data. All personal data will be processed in accordance with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation. NSC will process subscriber’s personal data on the basis that the processing is necessary for the performance of the Garden Waste Collection Service contract between you and NSC.