By signing the Order Form, or accepting Services from BNM RECYCLING, the Customer agrees to and is bound by these Terms and Conditions. BNM RECYCLING reserves the right to amend these Terms and Conditions from time to time. Any amendment to these Terms and Conditions will take effect and will bind the Customer twenty-one days after notice of the amendment has been sent to the Customer. A copy of the most recent Terms and Conditions is available on request in writing to BNM RECYCLING or on www.bnmrecycling.ie.
In these Terms and Conditions:-
“Address” shall mean the collection address where Materials are to be collected by BNM RECYCLING and which is specified by the Customer either in the Sign-Up Form, in writing by email or verbally by telephone;
“BNM Recycling” means BORD NA MÓNA RECYCLING LIMITED, registered in Ireland no. 224173, whose registered office is at Bord na Móna Offices, Main Street, Newbridge, Co. Kildare;
“Applicable Data Protection Law” means:
“Billing Period” shall mean the period of time from the Commencement Date to the 30th of June or the 31st of December of each calendar year thereafter, as appropriate;
“Cancellation Fee” shall mean a fee of €50 charged by BNM RECYCLING to the Customer who cancels the Services prior to the expiry of the Term;
“Cooling-Off Period” shall mean the period of fourteen (14) working days from the date on which the Customer has procured the Services from BNM RECYCLING;
“Commencement Date” shall be the period of seven (7) working days from the date on which the Customer has signed the Order Form or has placed the request for the Services verbally by telephone with a representative of BNM RECYCLING;
“Confirmation Letter” shall mean written confirmation whether by letter or email confirming Customer details and other particulars in relation to the Services which is sent from BNM RECYCLING to the Customer following their request for Services;
“Contract” means the Sign-Up Form and/or the Confirmation Letter together with these Terms and Conditions;
“Customer” means any individual, person, firm, company or unincorporated association, to whom BNM RECYCLING provides the Services;
“Equipment” means the equipment (eg. general waste bin, recycling bin, organic bin and glass bin) provided by or on behalf of BNM RECYCLING to the Customer for the collection of the appropriate Materials, or any substituted equipment for such equipment, and any additional equipment supplied for such purposes from time to time;
“Excess Weight Charge” means the charge of 12c per kilogram payable by a Standard Service Customer, in addition to the bi-annual or annual Service Charge, for exceeding the annual weight limit of 500kgs for 120 /140ltr General Waste bin, 850kgs for 240ltr General Waste bin and 1000kgs for 360ltr General Waste bin.
“Group” shall consist of Bord na Móna Plc and all of its subsidiaries including Bord Na Móna Recycling Limited;
“Lift Charge” means price per Equipment whose content is collected by BNM RECYCLING for a Customer.
“Materials” shall mean the collective term used for the organic materials, recyclable materials, glass materials and Waste Materials indicated as being suitable for disposal in the appropriate Equipment and is destined for recycling, recovery or disposal as appropriate;
“My Account On-Line” means Customer personalised account details summarising all Services and charges accessible through the BNM RECYCLING website www.bnmrecycling.ie
“Sign-Up Form” means the online sign-up form which includes the Customer’s details and other particulars in the form prescribed by BNM RECYCLING;
“Order Form” means the document that is used by Customer to sign up to these Domestic Customers- Terms and Conditions of Service for Bord Na Móna Recycling Limited.
“Pay by Lift Service” means a Customer will pay a set Service Charge for each 6-month period and pay an additional Lift Charge;
“Pay by Weight Service” means a Customer will pay a set Service Charge for each 6 month period and pay an additional Weight Charge. Any weights under two (2) kilo shall be rounded up and charged at the same rate as a two (2) kilo lift;
“Personal Data” is any information relating to an identified or identifiable natural person (the “Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Price” means price per Customer inclusive of Service Charge, Weight Charge, Lift Charge, Surcharge, Excess Weight Charge or any additional charges depending on Customer Service type indicated in the Request for Payment Document or as indicated to the Customer in writing;
“Request for Payment Document” means the document given or dispatched to the Customer detailing the Equipment, the Term, the Price, and if a Customer is a “Lift Charge” Customer further fee information will be provided in a separate document and is also available on the BNM RECYCLING website www.bnmrecycling.ie under “prices and plans”);
“Route” shall mean a route on which BNM RECYCLING regularly operates its Services to Customers and is willing to provide the Services.
the supply of the Equipment for use by the Customer at the Address;
the collection and disposal of the Materials; and
any additional services expressly agreed in the Order Form or Confirmation Letter;
Services will include Standard Services or Pay by Weight Services or Pay by Lift Services as the case may be.
“Service Charge” will be included in the Price means the fee payable either bi-annually or annually, by the Customer to BNM RECYCLING for the Services provided;
“Surcharge” shall mean additional charges, where applicable, for filling the Equipment above allotted capacity that will be communicated to Customer in the Confirmation letter.
“Standard Services” means a Customer will pay a set monthly price for all Equipment collected by BNM RECYCLING, i.e. General Waste, Recycling, Organic (where available) and Glass (where available). Standard Service price may be subject to Surcharge and / or Excess Weight Charge;
“Term” shall mean the period of time from the Commencement Date up to the next Billing Period;
“Termination Right” shall mean the right of BNM RECYCLING to terminate the Contract with immediate effect where a Customer is in material breach of the Terms and Conditions;
“Terms and Conditions” means these terms and conditions of service and any amendments, alterations or revisions made to them after the date hereof;
“Weight Charges” means the price per kilogram for all Materials collected by BNM RECYCLING from a Customer;
“Waste Materials” shall mean all waste material suitable for disposal in the appropriate BNM RECYCLING’ Equipment (but excluding recyclable materials, organic materials and glass materials) and shall not include hazardous or toxic waste, unless otherwise agreed in writing in advance with BNM RECYCLING, (including but not limited to: liquid waste, car tyres, paint tins, plasterboard, animals, electrical appliances, batteries, carbon wastes, building materials and florescent bulbs) and produced at the Address and placed in the appropriate Equipment provided for this purpose by or on behalf of BNM RECYCLING and destined for disposal.
2.1 BNM RECYCLING agrees to provide the Services set out in the Sign-Up Form and/or Confirmation Letter in a proper and efficient manner.
2.2 Notwithstanding the provisions of Clause 2.1, BNM RECYCLING shall have the right to make reasonable changes to times and dates for collection of Materials to meet operational and regulatory requirements. Where possible, BNM RECYCLING shall give prior notification of such changes to the Customer and no claim shall lie against BNM RECYCLING by the Customer in this respect.
2.3 If the Services are not carried out on the day specified, BNM RECYCLING reserves the right to reschedule the visit to the next reasonable opportunity for such Services and no claim shall lie against BNM RECYCLING by the Customer in this respect.
2.4 BNM RECYCLING has the right to sub-contract the provision of any of the Services.
2.5 Notwithstanding the provisions of Clause 4.1.6, BNM RECYCLING shall repair damage caused to the Equipment through reasonable wear and tear.
3.1 BNM RECYCLING shall, so far as practicable, notify the approximate date of delivery of the Equipment (if any). Unless otherwise agreed with the Customer, BNM RECYCLING shall effect delivery of the Equipment at the Address.
3.2 In all circumstances, delivery shall be deemed to take place when the Equipment comes within the possession or control (actual or constructive) of the Customer. Risk in the Equipment shall pass to the Customer immediately upon delivery of the Equipment to the Customer, notwithstanding any failure by the Customer to endorse their acceptance. BNM RECYCLING shall not have any responsibility in respect of the safety of the Equipment following delivery of the Equipment despite title not having passed to the Customer. Without prejudice to clause 8.1 the Customer hereby indemnifies BNM RECYCLING against any property and personal injury damage occurring to a 3rd party due to their failure to reasonably keep/treat/use the equipment in a reasonably safe manner.
3.3 Any Equipment delivered to the Customer, or in the possession of the Customer, will be the responsibility of the Customer and the Customer will be liable to take reasonable care of the Equipment, including the RFID Chip fitted on the Equipment. The Customer shall be liable for any damage (reasonable wear and tear excepted) however caused to the RFID Chip arising from the attempted removal of the RFID Chip, loss, neglect, or default caused by the Customer and/or the Customer agents.
3.4 BNM RECYCLING at all times reserves the right to refuse delivery of Equipment and/or to provide or continue to provide the Services to any Address that is not or is removed from the Route and/or is deemed inaccessible for BNM RECYCLING’ collection vehicles and/or in the opinion of BNM RECYCLING, a danger or risk will be created thereby, being in particular, a risk of danger or injury to third parties.
The Customer shall ensure that:
4.1.1 when they want the Equipment to be emptied the Equipment is left in an accessible and safe place in advance of the collection date, as set out in the collection calendar provided by BNM RECYCLING from time to time;
4.1.2 all Materials to be collected shall be deposited in the appropriate Equipment (i.e. only recyclable materials should be deposited in the Equipment for recyclable materials);
4.1.3 any Materials that have the potential to be carried by wind must be covered or secured within the Equipment;
4.1.4 the Equipment is not filled beyond the relevant weight restriction for the relevant Equipment, the relevant weight restrictions are:
|Equipment Size||Maximum Weight Capacity|
4.1.5 the Equipment is not filled above the level load permitted by the Equipment, such that the lid cannot close;
4.1.6 they take all reasonable care of the Equipment while in their custody. The Customer shall be liable for any damage howsoever caused to or by the Equipment arising from the neglect or default of the Customer or their agents;
4.1.7 Materials are not compacted into the Equipment with the aid of mechanical pneumatic, (or any other), compaction devices for the avoidance of doubt, BNM RECYCLING reserves the right to charge the Customer for any damage caused to the Equipment by the Customer’s use of a mechanical pneumatic, (or any other), compaction devices to fill the Equipment;
4.1.8 the Equipment is kept in a safe place, away from third party interference;
4.1.9 there are no names, notices or labels affixed to the Equipment; and
4.2 For the avoidance of doubt, BNM RECYCLING shall not be obliged to collect Equipment that is overweight, overfull, left out for collection on the incorrect collection date, left out for collection in an inaccessible location and/or Materials not contained within the appropriate Equipment. The decision of BNM RECYCLING in this respect shall be final.
4.3 Customers shall permit BNM RECYCLING reasonable access to their property or premises to enable BNM RECYCLING to carry out the Services, in accordance with these Terms and Conditions.
5.1 Should BNM RECYCLING be delayed in or prevented from making delivery of the Equipment or providing the Services due to war, strikes, lock-outs, fire, floods, extreme weather conditions, explosion, labour disturbances, trade disputes or shortages in raw material or due to any other cause whatsoever beyond the control of BNM RECYCLING, BNM RECYCLING shall be at liberty (in its sole discretion) to cancel or suspend the Contract without incurring any liability for any loss or damage arising therefrom (whether in contract, negligence in Tort or otherwise).
6.1 Notwithstanding delivery and passing of risk in the Equipment, or any other provision of these Terms and Conditions, title to the Equipment shall not pass to the Customer and the Equipment shall at all times remain the property of BNM RECYCLING.
6.2 Subject to the consent of the Customer (whether given orally or in writing), BNM RECYCLING may on termination of the Contract by either party re-take possession of the Equipment. For this purpose, BNM RECYCLING may visit any premises of the Customer or third party where the Equipment is kept for the purpose of re-taking possession of the Equipment.
7.1 Customers shall pay for the Services in accordance with the Price;
7.2 BNM RECYCLING reserves the right to amend any Price and Cancellation Fee, during the Term, in line with BNM RECYCLING’s pricing review. If the Customer considers any amendments to the Price and Cancellation Fee to be too high the Customer may terminate the Contract with BNM RECYCLING in accordance with clauses 11.4 and 11.5. For the avoidance of doubt, the amendments to the Price and Cancellation Fee will not apply to the Customer’s account during the termination period.
7.3 It is hereby expressly agreed that, if the Customer does not pay for the Services within the payment period stated in the Request for Payment Document, this shall be considered a material breach of the Terms and Conditions of the Contract and BNM RECYCLING may, at its option, either suspend all further Services to be provided to the Customer until payment has been paid or exercise their Termination Right.
7.4 All prices quoted are inclusive of Value Added Tax and any other taxes payable for the Services. BNM RECYCLING will use reasonable endeavours to provide reasonable advance notice of any change to Prices in the event of changes to government levies, VAT increases, increase to fuel costs or other unexpected increases in BNM RECYCLING costs in the provision of the Services.
7.5 The Customer shall make all payments, without set-off or counterclaim and free and clear of all taxes, deductions, withholdings and other charges within fifteen (15) days of the date on the payment request or as otherwise agreed in writing by BNM RECYCLING. The Customer shall ensure that payments on their accounts are made within this period and at least 48 hours in advance of their next collection date to ensure uninterrupted Service. If cleared payments are not made within 48 hours of the next collection date BNM RECYCLING shall have no obligation to provide Services.
7.6 Any amendments to the Price will be confirmed in writing by BNM RECYCLING to the Customer and will only be valid until the Customer’s next Billing Period. For the avoidance of doubt, any amendments to the Customer’s Price will not carry forward to subsequent Billing Periods unless expressly agreed in writing by BNM RECYCLING.
7.7 Where a Customer receives a discounted Price for the Services, which is based on the payment method or Customers choice of invoicing and if the Customer discontinues (for whatever reason) the agreed payment method, BNM RECYCLING reserves the right to discontinue the discounted Price to the Customer without further notice and to charge the Customer the undiscounted Price applicable at the time. Please note that discounts that have been applied will not be refundable.
7.8 Standard Services Customers whose Equipment exceeds the annual weight limit of 500kgs for a 120 /140ltr General Waste bin, 850kgs for a 240ltr General Waste bin and 1000kgs for a 360ltr General Waste bin will be charged Excess Weight Charges.
7.9 BNM RECYCLING reserves the right, without further notice, to charge the Customer an administration fee of €5.00 submission if a direct debit payment request is not honoured by the Customer’s financial institution on behalf of the Customer.
7.10 For An Post bill pay and Post Point Customers that discharge their accounts by a less than €20.00 per transaction BNM RECYCLING reserves the right to charge a €1.00 transactional fee to cover the transactional fee charged by the administrator of the account.
7.11 BNM RECYCLING may, at its discretion, suspend Services to the Customer at the Customer’s request, if the Customer gives at least one week’s notice in writing of the suspension subject to the Customer’s account being up to date and the period of suspension is at least three continuous weeks and no more than three continuous months. For the avoidance of doubt, BNM RECYCLING will only apply a credit to the Customer’s account for the period of suspension.
8.1 THE CUSTOMER SHALL INDEMNIFY BNM RECYCLING IN RESPECT OF ALL LOSS, DAMAGE OR INJURY OCCURING TO ANY PERSON, FIRM, COMPANY OR PROPERTY, AND AGAINST ALL ACTIONS, SUITS, CLAIMS AND DEMANDS, CHARGES OR EXPENSES (INCLUDING LEGAL EXPENSES) IN CONNECTION THEREWITH FOR WHICH BNM RECYCLING MAY BECOME LIABLE IN RESPECT OF THE EQUIPMENT AND THE MATERIALS IN THE EVENT THAT SUCH LOSS, DAMAGE, OR INJURY SHALL HAVE BEEN OCCASIONED BY THE NEGLIGENCE, MISUSE OF EQUIPMENT, BREACH OF DUTY OR BREACH OF THE TERMS OF THE CONTRACT BY THE CUSTOMER.
9.1 BNM RECYCLING’s total liability under or in connection with the Contract whether in contract, tort (including negligence) or otherwise shall not exceed in aggregate the total fees for Services received by BNM RECYCLING from the Customer during the previous six (6) months.
9.2 BNM RECYCLING SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO THE CUSTOMER BY REASON OF ANY REPRESENTATION OR WARRANTY, CONDITION OR OTHER TERM OR ANY DUTY OF COMMON LAW, OR UNDER THE EXPRESS TERMS OF THESE TERMS AND CONDITIONS, FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE (WHETHER FOR LOSS OF CURRENT OR FUTURE PROFITS, LOSS OF ENTERPRISE VALUE OR OTHERWISE) AND WHETHER OCCASIONED BY THE NEGLIGENCE OF BNM RECYCLING, ITS EMPLOYEES OR AGENTS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Nothing in this these Terms and Conditions shall exclude or limit the liability of BNM RECYCLING for death or personal injury resulting from the negligence of BNM RECYCLING or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
10.1 BNM RECYCLING will process any Personal Data provided for the following purposes:
10.1.1 to adequately deal with and carry out the Services;
10.1.2 to contact the Customer if required in connection with the Services;
10.1.3 to respond to any communications sent to BNM RECYCLING by the Customer;
10.1.4 to send notifications about the range of services available from the Group if a Customer has opted to receive such notifications;
10.1.5 to ensure the Customer only receives communications and promotions from BNM RECYCLING which were consented to or which form part of the Services; and/or
10.1.6 to respond to any Customer complaints.
10.2 BNM RECYCLING will not disclose Personal Data to third parties, outside of the Group, unless the Customer has consented to this disclosure, it is for a legitimate business interest related to BNM RECYCLING services or unless a third party is required to fulfil the Services (in such circumstances, the third party is bound by similar data protection requirements).
10.3 BNM RECYCLING will disclose Personal Data if it believes in good faith that it is required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order or other statutory requirement.
10.4.1 find out what Personal Data we hold on them and request access to it;
10.4.2 the right to have their Personal Data updated, amended or removed from the BNM RECYCLING database;
10.4.3 the right to object to the use of their Personal Data or restrict access to it; and
10.4.4 the right to request that BNM RECYCLING send their Personal Data to a third party.
11.1 The Customer may cancel or terminate the Contract during the Cooling-Off Period.
11.2 The Contract shall commence with effect from the Commencement Date and shall continue for the duration of the Term unless terminated earlier in accordance with the provisions of clause 11.1 or 7.3.Thereafter, unless the Customer gives at least one months’ written notice to BNM RECYCLING, prior to the expiry of the Term, this Contract shall be deemed to be extended for further periods equal to the Term and shall continue in force until terminated by the Customer giving one months’ written notice to BNM RECYCLING prior to the expiry of any such extended Term.
11.3 BNM RECYCLING will only accept cancellation or termination notices from the Customer and will not accept notification from any third party.
11.4 As per clauses 7.2 and 11.2, the Customer must confirm termination of the Services to BNM RECYCLING in writing. For the avoidance of doubt, until such time as BNM RECYCLING receives the termination notice from the Customer the Service Charges will continue to accrue.
11.5 As per clauses 7.2 and 11.2, BNM RECYCLING reserves the right to insist on one months’ written notice during which time the Services will continue to be provided by BNM RECYCLING and the Service Charges will continue to accrue.
11.6 Upon termination of this Contract by the Customer, outside of the Cooling-Off Period, BNM RECYCLING reserves the right to charge the Customer a Cancellation Fee and this charge will become due and owing to BNM RECYCLING by the Customer as a normal contract debt.
11.7 If a credit applies to a Customer’s account on termination or cancellation of the Services the Customer will receive a refund for the prepaid period less any Cancellation Fee that may be applied.
11.8 Where a Customer has obtained a discounted Price that is subject to the Customer agreeing to a minimum Term of Contract and the Customer subsequently cancels or terminates the Contract, prior to the expiry of the minimum Term, BNM RECYCLING reserves the right to charge the Customer the remaining balance of the Price due to BNM RECYCLING for the remainder of the Term.
11.9 On termination of the Contract, BNM RECYCLING shall have the right in accordance with the provision of clause 6.2 to remove Equipment.
11.10 Upon termination of this Contract, outside of the Cooling-Off Period, by either party, any amounts owing to BNM RECYCLING shall immediately become due and payable by the Customer. The termination of this Contract shall be without prejudice to any rights or obligations which shall have accrued before termination, including any remedy available in respect of a breach of this Contract.
12.1 The construction validity and performance of the Contract shall be governed by and construed in accordance with the laws of Ireland and for all matters arising under, out of or in connection with the Contract the parties hereby submit to the exclusive jurisdiction of the Irish courts.
13.1 These terms and conditions shall be governed by the laws of Ireland and are subject to the exclusive jurisdiction of the courts of Ireland.