PLEASE READ THIS DOCUMENT CAREFULLY.
IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
All contracts made by Barna Recycling (hereinafter referred to as the “Company”) with you as the user of the Company’s waste collection service (the “Service”) shall be deemed to incorporate these terms and conditions (the “Contract”). No variation or addition shall form part of the Contract or any other contract unless specifically accepted by the Company in writing. The Contract shall over-ride and take the place of any other terms and conditions in any document or other communication used by you in concluding any business relating to the Service with the Company.
2. Payment & Billing
a) The price of the service provided shall be the Company’s price ruling at the date of Customer application process.
b) The Company will provide written notification to the Customer in advance of any change to domestic service charges.
c) The Company may for operational reasons change its billing method and frequency after prior notification to the Customer. We reserve the right to issue bills in a paperless format and we may impose an administration charge for the issue of a paper bill.
d) The Company may, without notice, suspend the service to the Customer wholly or partially if the service cost is outstanding for 14 days after the invoice date. In the event of overdue payments, the Customer agrees to pay all collection and other costs incurred by Barna Recycling in the settlement process.
e) Where the Customer contract requires the maintenance of a minimum credit balance, The Company may, with notice, suspend the service to the Customer wholly or partially until the minimum balance is reinstated.
f) If the chosen method of payment is by Direct Debit the Customer must ensure that the Bank Account details provided are from a current account which can accept Direct Debits.
g) In the event of a cancellation of a direct debit instruction the Customer shall duly notify the Bank and the Originator (Barna Recycling) in writing of such cancellation.
h) As a member of the Direct Debit Scheme, in which Banks and Originators of Direct Debits participate, if it is established that an unauthorised Direct Debit was charged to a Customer account, the Customer is guaranteed a prompt refund by their Bank of the amount so charged.
i) It is the responsibility of the Customer to advise the Company in writing of any change to Bank Account details provided on the original direct debit instruction.
j) The Company will impose an administration charge of €7.50 on unpaid direct debit instalments. The Customer will be notified in writing of the unpaid amount including administration charge. An alternative payment is required by Barna Recycling for the full sum owed within five working days from the date of unpaid direct debit notification. Administration charges are subject to change at any time at the Company’s sole discretion.
k) Invoices shall ordinarily be sent to the billing address shown on the application form (or any other address notified to the Company) and shall be deemed received by the Customer on the second postal day after the date of posting and will be deemed received by the Customer on the same day if sent by email.
l) The Customer may change from one charging option to another with effect from the beginning of any charging period by giving The Company written notice in advance.
m) The Company’s collection vehicles weigh each individually micro chipped household bin at all collections. From time to time, the situation may arise where the Company empties a bin and cannot accurately determine an exact weight for your waste, due for example to an error occurring in the weighing process. In the unlikely event of this happening, the Customer will be charged based on their average bin weights over their previous five collections. For new Customers, or in the absence of weights for previous collections, Barna Recycling will apply a fair average weight to the bin. While Barna Recycling will endeavour to ensure that this is a fair average, the Company are satisfied to review individual weights assigned at any time.
n) The Company will not accept any liability if the bin(s) are moved to a different location without prior notice to The Company.
o) The Company provides different bins for different types of non-hazardous material. All non-recyclable waste must be disposed of in the general waste bin. The Company will apply an extra charge of €30 per bin, per incident, if a bin designed for recyclable material is contaminated with non-recyclable material e.g. landfill waste.
3. Provision of Service
a) This Contract is personal to the Customer. The Customer shall not, except with Barna Recycling’s written consent or in accordance with the Company’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part.
b) This agreement may be terminated by either party giving to the other at least 30 days written notice.
c) Barna Recycling may modify or suspend the Service wholly or partially, with or without notice, if such action is deemed necessary by the Company (e.g. Health & Safety, Security or other valid reasons) or if the Company is requested by an authorised authority.
d) In no event shall the Company be liable to the Customer for damage suffered by the Customer as a consequence of acts or omissions of third parties.
e) The Company will only service wheelie bins that are presented on the kerbside.
f) Bins must be left on the kerbside by 5.30am to be collected.
g) A wheelie bin presented late for collection will not be serviced until the next scheduled collection date for that given waste type.
h) Where service is not carried out on the day specified in the collection schedule the Company reserves the right to reschedule the visit to the next reasonable opportunity for such service and the Company shall not be liable for any claim made by the Customer.
i) The Company reserves the right to charge the Customer per kg for additional weight where a weight allowance per lift is specified in the Customer’s service package. Please note the Company reserves the right not to service bins that are overfilled. The maximum permitted weight per bin is 50 kgs.
j) Wheelie bins provided to the Customer remain the property of Barna Recycling and may only be serviced by the Company. Barna Recycling may, without notice, remove its wheelie bins if presented for collection and/or for the use of another waste Company.
k) In the event of Barna Recycling Equipment being lost or stolen, the Customer shall immediately notify the Company and shall remain liable for the cost of replacement bins. A charge of €40 per bin will apply.
l) The Company reserve the right to alter the collection schedules only after giving prior written notification to the Customer.
4. Changes to these Terms and Conditions
a) Barna Recycling shall provide not less than 28 days’ notice to the Customer of any proposed changes to these terms and conditions. Within the 21 day period following issuance of notification of a change to these terms and conditions the Customer may terminate this contract by giving not less than 7 days written notice either by email or letter. In the event the Customer does not terminate within this period, the Customer shall be deemed to have accepted the change(s) to the terms and conditions.
5. Termination of Service
a) This Contract may be terminated by giving at least 30 days written notice either by email or letter.
b) The Company will only accept notification regarding change or cancellation of the Customer contract from the householder and not from any unauthorised third parties.
c) Upon the termination of this Contract the Customer shall be liable to pay to Barna Recycling an amount of €10 per bin for collecting and cleaning the bins. 50% of this payment shall be waived by Barna Recycling if the Customer has been a customer of Barna Recycling for longer than 12 months. 100% of this payment shall be waived by Barna Recycling (i) if the customer has been a customer for longer than 24 months, or (ii) if the Customer terminates this contract due to a failure by Barna Recycling to (a) adhere to these terms and conditions, or (b) provide the services to the Customer in the manner agreed between Barna Recycling and the Customer.
d) The Company will only issue refunds on receipt of the required written termination notification (See 4.(a) and 5.(a)) and the return of the Company’s wheelie bins, empty of all waste. The refund claim period is valid for 30 Days from the return date of the Company’s wheelie bins.
e) An account will not be terminated until such time as the Barna Recycling wheelie bins are removed from the Customer’s premises and any monies owed on the account are paid in full.
These conditions shall be construed in accordance with and governed by Irish Law.
Schedule of Charges and Threshold Allowances