Waste Collection Kensington Terms and Conditions

These Terms and Conditions set out the basis on which Waste Collection Kensington provides rubbish removal, waste collection and related services. By placing a booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming a collection.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Customer means the person or business placing a booking for waste collection services.

Company means the waste collection service trading as Waste Collection Kensington.

Services means the collection, removal, transport and disposal or recycling of waste and any related services provided by the Company.

Waste means any items, materials, goods or rubbish presented by the Customer for collection as part of the Services, excluding prohibited or hazardous materials that the Company is not permitted or equipped to handle.

Contract means the agreement between the Company and the Customer for the provision of the Services, incorporating these Terms and Conditions.

2. Scope of Services

The Company provides waste collection and rubbish removal services for domestic and commercial Customers. Services may include but are not limited to household waste removal, bulky item collection, garden waste collection, light construction waste and recycling collections, in each case subject to applicable regulations and these Terms and Conditions.

The Company reserves the right to refuse, at its reasonable discretion, to collect certain items, including but not limited to hazardous materials, clinical waste, controlled substances, liquids in unsealed containers, or any other waste types prohibited by applicable law or guidance.

3. Booking Process

Customers may request a booking for waste collection by telephone, email, online form or other channels made available by the Company. A booking request will typically require the Customer to provide details including:

The collection address and access details.

The type and approximate volume or weight of waste to be collected.

Preferred dates and time windows for collection.

Any specific requirements, such as limited access, parking restrictions, or the presence of large or heavy items.

The Company will respond to booking requests with a quotation or price estimate based on the information supplied by the Customer. The quotation is given on the assumption that the information is accurate and complete. The Contract is formed when the Customer accepts the quotation, whether by written confirmation, verbal confirmation, payment, or allowing the Company to commence the Services.

The Customer is responsible for ensuring that all information provided at the time of booking is accurate. If, on arrival, the Company finds that the nature, volume or weight of the waste, or the access conditions, differ materially from the information provided, the Company may revise the quotation, apply additional charges, or decline to provide the Services.

4. Access and Parking

The Customer must ensure that the Company and its vehicles have safe, lawful and reasonable access to the collection address during the agreed collection time. This includes arranging any necessary parking permits, remote gate codes or entry instructions and informing the Company of any access restrictions, such as low bridges, narrow streets or time-limited loading bays.

If the Company is unable to complete the collection due to lack of access, unsafe conditions or failure to secure any required permissions, the Company may charge a call-out fee or a reasonable proportion of the agreed service price to cover time and costs incurred.

5. Waste Presentation and Customer Responsibilities

The Customer must ensure that all waste presented for collection is their property or that they have the legal right to dispose of it. The Customer warrants that none of the waste contains hazardous materials, sharp or dangerous items exposed in a way that could cause injury, or any item whose removal or disposal would be unlawful.

Unless otherwise agreed in writing, waste should be reasonably accessible and, where appropriate, contained in bags, boxes or other suitable containers. Heavy or bulky items should be identified in advance. The Company may refuse to handle items that present a health and safety risk to staff or the public.

The Customer is responsible for removing any personal data or confidential information from items being disposed of. The Company does not accept responsibility for any loss, misuse or disclosure of data contained in items presented for collection.

6. Pricing and Quotations

Pricing for the Services may be based on factors such as the type and volume of waste, weight, labour required, access difficulty, location and any applicable disposal or recycling fees. Quotations will normally be provided in advance of the collection and may be given as fixed prices or estimates, depending on the information available.

Where a quotation is given as an estimate only, the final price will be confirmed once the waste has been inspected in person. If the Customer does not agree to any revised price, the Company will not be obliged to complete the collection and may charge a reasonable attendance fee.

All prices are stated exclusive of VAT unless expressly indicated otherwise. Where VAT is chargeable, it will be added at the prevailing rate.

7. Payments and Invoicing

Payment terms will be confirmed at the time of booking. For most domestic Customers, payment is due at or before the time of collection, and may be made by cash, card or other methods notified by the Company.

For business Customers, the Company may, at its discretion, agree to invoice for Services with payment due within an agreed period from the invoice date. If credit terms are granted, the Customer must ensure that invoices are settled in full by the due date.

If any sum is not paid when due, the Company reserves the right to charge interest on the overdue amount at the statutory rate and to suspend or cancel further Services until payment is received. The Customer will be liable for all reasonable costs incurred by the Company in recovering overdue amounts, including any debt recovery or legal fees.

8. Cancellations and Amendments

The Customer may cancel or amend a booking by giving reasonable notice to the Company. For standard collections, the Company asks for at least one full working day notice prior to the scheduled collection time. Cancellations or amendments made with less notice may incur a cancellation fee to cover costs incurred and lost booking time.

If the Customer fails to be present at the collection address at the scheduled time and has not notified the Company in advance, or if the waste is not available for collection, the Company may treat this as a late cancellation and charge a call-out or cancellation fee.

The Company reserves the right to cancel or reschedule a booking if it is unable to perform the Services due to circumstances beyond its reasonable control, such as severe weather, vehicle breakdown, traffic disruption, staff illness or changes in legal requirements. In such cases, the Company will endeavour to notify the Customer as soon as possible and rearrange the collection at a mutually convenient time. The Company will not be liable for any loss arising from such delays or cancellations, except to refund any payments made in advance for services not provided.

9. Performance of the Services

The Company will provide the Services with reasonable care and skill and in accordance with applicable waste management regulations. Collection times given at the time of booking are estimates and not guarantees, though the Company will use reasonable efforts to attend within the agreed time window.

The Company may use employees, agents or subcontractors to perform the Services. The Customer agrees that the Company may assign or subcontract any obligations under the Contract, provided that the Company remains responsible for the proper performance of the Services.

10. Waste Regulations and Duty of Care

The Company will handle, transport and dispose of waste in compliance with applicable waste management and environmental laws and regulations. In providing the Services, the Company will, where required, ensure that waste is taken only to appropriately licensed or permitted facilities.

Customers have a legal duty of care to ensure that their waste is handled responsibly. By using the Services, the Customer acknowledges and accepts this duty and agrees to provide accurate information regarding the nature of the waste. Where required, the Company will issue a waste transfer note or similar documentation summarising the waste type and destination.

The Customer must not request the Company to dispose of waste illegally, fly-tip or otherwise act in breach of environmental regulations. The Company may refuse any instruction that appears to contravene such regulations.

11. Liability and Limitations

Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

Subject to the above, the Company will not be liable for any indirect, consequential or economic loss arising out of or in connection with the Services, including loss of profit, loss of business, loss of data or loss of opportunity.

The Companys total aggregate liability in respect of any claim arising under or in connection with the Contract, whether in contract, tort or otherwise, shall be limited to the total price paid or payable by the Customer for the specific Services giving rise to the claim.

The Customer is responsible for ensuring that access routes within the property are suitable for the removal of large or bulky items. While the Company will take reasonable care to avoid damage, the Company is not liable for damage to floors, walls, fixtures, fittings or other property where such damage arises from moving items in confined or restricted spaces, unless caused by negligence.

12. Complaints

If the Customer is dissatisfied with any aspect of the Services, they should contact the Company promptly, providing full details of the issue. The Company will investigate the complaint and, where appropriate, take steps to remedy any shortfall in performance. Any claim relating to the condition of the property or alleged loss or damage should be raised as soon as reasonably practicable and in any event within a reasonable time after the collection.

13. Customer Data and Privacy

The Company will collect and use personal data provided by the Customer for the purpose of managing bookings, performing the Services, processing payments and handling customer service matters. The Company will take reasonable steps to protect such data and will not sell or disclose it to third parties except where required for the performance of the Services, for legal compliance or with the Customers consent.

14. Intellectual Property

All content, branding and materials associated with the Companys website, booking systems, promotional materials and documentation remain the property of the Company or its licensors. Nothing in these Terms and Conditions grants the Customer any rights in such intellectual property other than the limited right to access and use the materials for the purpose of arranging and receiving the Services.

15. Force Majeure

The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control. This may include, without limitation, extreme weather, fire, flood, industrial disputes, road closures, accidents, acts of government, pandemics or interruptions in utility services.

16. Variations

The Company may revise these Terms and Conditions from time to time to reflect changes in law, regulatory requirements or its business practices. The version in force at the time of the Customers booking will apply to the Contract for that particular Service. Updated terms may be made available on request or through the Companys usual communication channels.

17. Severance

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the remaining provisions.

18. Entire Agreement

These Terms and Conditions, together with any written quotation or booking confirmation, constitute the entire agreement between the Company and the Customer in relation to the Services. The Customer acknowledges that they have not relied on any statement, promise or representation not expressly set out in these documents.

19. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, or with the provision of the Services, shall be governed by and construed in accordance with the laws of England and Wales.

The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

By proceeding with a booking or using the Services of Waste Collection Kensington, the Customer confirms that they have read, understood and agreed to these Terms and Conditions.