Waste Management Terms & Conditions of Service (20.05.2026)

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Business Cooperative (Scotland) Limited

Waste Services Terms and Conditions (Formal Version)

1. Formation of Contract

1.1

A binding contract for the provision of waste management services (“the Contract”) is formed on the date you accept our quotation (“Contract Acceptance Date”). These Terms and Conditions (“the Terms”) apply from that date.

1.2

The operational commencement of services shall occur on the date on which the relevant waste containers are delivered to your premises (“Service Start Date”).

1.3

In the event of any inconsistency between these Terms and any other document forming part of the Contract, these Terms shall prevail unless expressly stated otherwise in writing.

1.4

Business Cooperative (Scotland) Limited (“we”, “us”, “our”) reserves the right to amend these Terms or any other contractual document by providing not less than 30 days’ written notice. Unless you notify us in writing prior to the effective date, the amended Terms shall be deemed accepted.

1.5

Each Contract relates solely to the premises specified in the quotation. Separate Contracts are required for additional premises.

2. Charges

2.1

The charges payable for the services (“Charges”) are those set out in the quotation or contract schedule.

2.2

Where the weight of any waste container exceeds the permitted allowance:

Minor excesses may be tolerated at our discretion;

Significant excesses may incur additional charges, require service modification, or result in termination of the Contract.

2.3

If we request instructions or approvals from you and receive no response within 7 days, we may suspend services for up to 30 days. Continued non‑engagement may result in variation or termination of the Contract.

2.4

If waste is deposited in a container that is not authorised for that waste type, we or our appointed suppliers may refuse collection or levy additional charges.

2.5

Where contaminated waste is collected, any additional disposal, cleaning, or decontamination costs imposed by the supplier shall be passed on to you in full.

2.6

If a collection is missed due to lack of access or other circumstances within your control, any re‑scheduled collection may be chargeable. No charge shall apply where the failure is attributable solely to the supplier.

2.7

We may recover reasonable costs arising from:

Debt recovery activities;

Failure to provide access;

Damage to or unauthorised relocation of containers.

2.8

All Charges are exclusive of VAT and any other applicable taxes.

3. Payment

3.1

You shall pay all Charges properly due under the Contract.

3.2

Unless otherwise stated, the first invoice shall cover one month of service in advance.

3.3

Payment shall be made by Direct Debit unless alternative arrangements are expressly agreed in writing.

3.4

Cancellation of a Direct Debit without our prior consent may result in an administrative surcharge.

3.5

Invoices must be paid within 7 business days of issue. Failure to do so may result in suspension or termination of services.

3.6

Any invoice dispute must be raised prior to the payment due date. Where a dispute is accepted as valid, payment obligations shall be suspended only in respect of the disputed amount.

3.7

Late payments may incur interest at 8% above the Bank of England base rate, together with reasonable recovery costs.

3.8

Repeated late payment may result in additional administrative charges.

4. Term and Termination

4.1

The Contract may only be terminated in accordance with this clause.

4.2

If you terminate the Contract prior to the agreed end date, an early termination charge equal to the Charges payable for the remainder of the contractual term shall apply.

4.3

Following expiry of the initial term, the Contract shall continue on a rolling basis unless either party provides not less than 3 months’ written notice.

4.4

We may terminate the Contract immediately where you fail to pay Charges when due or fail to provide access for collections.

4.5

We may terminate the Contract for convenience by providing written notice. Any prepaid Charges for unprovided services shall be refunded.

4.6

Upon termination, you must ensure that all containers are accessible for collection and removal.

5. Containers and Equipment

5.1

Containers shall be delivered by our appointed waste‑collection partners (“Suppliers”).

5.2

All containers remain the property of the Supplier at all times.

5.3

You are responsible for the safe custody of containers and must not relocate them without our prior written consent.

5.4

You must ensure that containers are accessible to collection vehicles at all agreed times.

5.5

You must store containers in compliance with all applicable legislation, planning conditions, and lease obligations.

5.6

You are responsible for ensuring that containers do not cause obstruction, nuisance, or hazard.

5.7

We or our Suppliers may inspect containers during normal business hours.

5.8

You must not deposit prohibited, hazardous, or unlawful waste in any container.

6. Waste Collection Services

6.1

We shall appoint licensed waste carriers to perform the collection and disposal of waste.

6.2

We act as an intermediary and do not take ownership of the waste at any time.

6.3

We may appoint multiple Suppliers where operationally necessary.

6.4

Appointment of an alternative waste provider by you does not terminate or vary this Contract.

6.5

Services may be suspended where:

A Supplier is unable to operate due to circumstances beyond their control;

You fail to pay Charges;

You fail to return required documentation.

7. Duty of Care and Waste Transfer Documentation

7.1

You must comply with all applicable Scottish environmental legislation, including the Environmental Protection Act 1990 and associated regulations.

7.2

We shall issue an annual waste transfer note (“WTN”), which you must complete and return within 5 business days.

7.3

Failure to return a compliant WTN may result in suspension of services.

7.4

You must accurately describe all waste types and provide correct EWC codes.

7.5

Only waste types authorised under the WTN may be deposited in the containers.

7.6

You shall indemnify us for any costs, penalties, or liabilities arising from your non‑compliance.

8. Liability

8.1

We shall not be liable for:

Loss of profit, revenue, or business;

Indirect or consequential loss;

Damage caused by containers or collection vehicles.

8.2

Our total aggregate liability shall not exceed the lower of £50,000 or the total Charges paid in the preceding 12 months.

8.3

Where loss or damage is caused by a Supplier, our liability shall be limited to the amount recoverable from that Supplier.

8.4

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.

9. Data Protection

9.1

We shall process personal data in accordance with applicable UK data‑protection legislation.

9.2

Details of our data‑processing practices are set out in our Privacy Policy.

10. General Provisions

10.1

The Contract constitutes the entire agreement between the parties.

10.2

You may not assign or transfer your rights without our prior written consent.

10.3

Any variation must be in writing and signed by both parties.

10.4

Nothing in the Contract creates a partnership, joint venture, or agency relationship.

10.5

No third party shall have rights under the Contract.

10.6

You shall cooperate with any regulatory investigation relating to your waste.

10.7

Failure to enforce any right shall not constitute a waiver.

10.8

If any provision is held invalid, the remaining provisions shall remain in full force.

10.9

Notices may be served by post or email to the last notified address.

10.10

The Contract shall be governed by the laws of Scotland, and the Scottish courts shall have exclusive jurisdiction.