TERMS AND CONDITIONS
TERMS AND CONDITIONS
Please read this document carefully as it contains important information about your rights & obligations, with particular reference to the service agreement.
1. Definitions
“Allied” means Allied Recycling, a private company having its primary office at Clonmellon Industrial Estate, County Westmeath. The “Customer” or “You” or “Your”, means the individual or entity who accepts these terms and conditions and avails of the Services and/or completes the “Customer Application form” or their duly nominated individuals authorised to act, or receive or send communication on their behalf; “Customer Application form” means the application for Services completed by or on behalf of the Customer for the services and all information, consents and statements contained therein, which may be given in written form, over the telephone or on-line; and “Data Protection Legislation” means the Data Protection Act, 1988 and the Data Protection (Amendment) Act, 2003 as amended from time to time; “Services” means the provision of the Waste Collection Service, the disposal of waste and any other service provided by Allied to the Customer; “Waste Collection Service” means the collection of the waste contained in the Customers Bins by Allied; “Bin”(s) means any wheelie bin supplied by Allied to the Customer to facilitate provision of Services; “Waste Disposal Operator” means any individual or entity that is in the business of Waste Collection, disposal and/or the provision of services similar to Allied Services.
2. Agreement
This agreement sets out the terms and conditions that apply to your purchase of services from Allied. These terms and conditions together with the Customer Application form constitutes a legally binding agreement (“Agreement”) between Allied and the Customer. By accepting delivery of Services and or related products, the Customer agrees to be bound by and accept these conditions. No variation to these terms and conditions shall form part of the Agreement unless the changes have been made in accordance with this agreement.
3. Billing & Payment Terms
3.1. Where the Customer has made a prepayment for the supply and delivery of Bin(s), the payment is non-refundable.
3.2. The Price of Services may vary from time to time, including but not limited to weight allowance restrictions & fuel and energy charges.
3.3. Allied may for operational reasons change its billing method and frequency after prior notification to the Customer. Allied issue bills in a paperless format and there is an administration charge for the issue of a paper bill. This charge will not exceed €10 on an annual basis.
3.4. Allied may, without notice, suspend service to the Customer wholly or partially if an Invoice 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 Allied in the settlement process.
3.5. If the chosen method of payment is by SEPA Direct Debit the Customer must ensure that the Bank Account details provided are from a current account which can accept SEPA Direct Debits. In the event of a cancellation of a SEPA Direct Debit instruction the Customer shall duly notify the Bank and Allied in writing of such cancellation. As a member of the SEPA 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’s account, the Customer is guaranteed a prompt refund by their Bank of the amount so charged. It is the responsibility of the Customer to advise Allied in writing of any changes to Bank account details provided on the original direct debit instruction. Allied reserves the right to impose an administration charge of up to €5.00 on any/each direct debit presented which returns unpaid. The Customer will be notified the unpaid amount including administration charge. An alternative payment is required by Allied for the full sum owed within seven days from date of unpaid direct debit notification.
3.6. Where Invoices or other communications are sent by post/text, they shall ordinarily be sent to the billing address shown on the Customer application for (or any other address notified to Allied) and shall be deemed received by the Customer on the second postal date after the date of posting and will be deemed received by the Customer on the same day if sent by Email or text.
3.7. If the chosen method of payment is by an alternative means other than Direct Debit, the Customer must ensure that their account is maintained in a credit balance position with the agreed minimum credit balance to ensure continuance of service. It is the Customers responsibility to ensure that adequate time is allowed for payments to be received at Allied. In addition, Allied reserve the right to charge additional fees for the handling/processing of payments and refunds other than direct debit. Such fees shall be reasonable and limited to offset the additional costs associated.
3.8. The Customer may change from one billing plan to another with effect from the beginning of any charging period subject to charge by telephoning the company on 046 9433366 or by written notice –postal or email. It is incumbent upon the Customer to ensure Allied has received this notification.
3.9. In line with national strategy and legislation, all Customers will be migrated to a pay by weight system at some point. In the extremely unlikely event that the bin weighing systems fails, and we empty your bin, we will charge you based on your average weights. (Only applicable to those on a pay by weight service).
3.10. Upon transition to “Pay by Weight”(PBW), where an ‘annual’ or “periodic” fixed charge invoice has been paid to a date after the implementation of pay by weight, we will calculate any credit balance due and credit it to your account.
3.11. Allied will not accept any liability if the bin(s) is moved to a different location without prior timely notice to Allied.
3.12. Where practicable, Allied will endeavour to keep you informed of updates to your account, reminders of your payments due and other such items directly related to the service delivery or the payment for such services via electronic methods such as SMS or email.
4. Service Agreement
4.1. This Agreement is personal to the Customer. The Customer shall not, except with Allied’s written consent or in accordance with Allied’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part. Presentation of Bin for service collection will be deemed as acceptance of terms and conditions as detailed herein.
4.2. The term of the Agreement shall be for a minimum period of 12 months from the first billing date or the contract commencement date subsequently advised by the company, renewable annually.
4.3. Allied may modify or suspend the service wholly or partially, with or without notice, if such action is deemed necessary by Allied (e.g. Health & Safety, Security or other valid reason).
4.4. Allied will only service Wheelie Bins that are presented on the kerbside.
4.5. Bins must be left on kerbside the night before scheduled collection, with the lid closed.
4.6. Late presentation of a Wheelie bin will not be serviced until the next scheduled collection date for that given waste type.
4.7. In such case where service is not carried out on the day specified in the collection schedule Allied reserves the right to reschedule the visit to the next reasonable opportunity for such service and no claim shall lie against Allied by the Customer in this respect.
4.8. Wheelie bins provided to the Customer remain the property of Allied and may only be serviced by Allied. Allied may, without notice, remove its wheelie bins if presented for collection and/or for the use of another waste company. In the event of Allied Equipment being lost or stolen, the Customer shall immediately notify the company and the local Gardaí, the Customer shall remain liable for the cost of replacement bins. A charge of €40 per bin will apply.
4.9. In order to ensure non interruption of service the agreed minimum balance must be maintained on pay by lift/pay by weight customer accounts.
4.10. Please note that, if notified by Allied that your account is on stop – you must make payment at least 2 full working days before next collection to ensure your service resumes.
4.11. In no event shall Allied be liable to the Customer for damage or losses suffered by the Customer as a consequence of acts or omissions of third parties.
4.12. Allied reserve the right to suspend the Services to the Customer wholly or partially of the Bins(s) are an excessive weight or the contents of the Bin(s) exceed the capacity of the container (i.e. a Bin is regarded as overloaded when the lid of the Bin does not sit comfortably on the body of the bin) –Please note that an average Bin weighs less than 25kg.
4.13. The Customer shall remain responsible for the safe and secure storage of the Bin at all times and also ensures that the Bin is not tampered with or contaminants to be placed in the Bin. Any costs incurred as a result of the repair requirements, where such tampering is deemed to have resulted the chip or any other part needing replacement, may be charged to the customer.(minimum €25).
4.14. The Customer is responsible for ensuring that that there are no contaminants in the Bin(s). Please see list of allowable products on www.alliedrecycling.ie.
4.15. In the event of the contamination of a Bin being identified, the Bin may not be serviced as per schedule. In the event of the contamination being identified post service the customer may be charged a disposal/cleaning charge in addition to the weight, lift or service charge.
4.16. Fair usage policies will apply at all times, such as where in the opinion of the company, excessive household waste is being generated, or one service is being shared amongst multiple households, or the service is business related waste, we reserve the right to suspend services, or charge additional fee’s commensurate with the product / service being provided. The company’s decision will be final.
4.17. Updates to Terms & Conditions: We will make every reasonable effort to communicate updates to future Terms & Conditions, by letting you know that they are published on-line, on our webpages, as well as copies being available in each office. The sending of such electronic notices to the given contact details, will be deemed as receipt of such updated terms & conditions. Normal acceptance criteria will apply.
4.18.Pay as you go customers are required to use all remaining credit on the account should they wish to leave the service.
4.19: Annual customers weight allowance effective from February 2021 is 350kg of Waste, 195kg of Compost and 195kg of recycling per 6 months.
4.20: A Fuel & Energy surcharge applies to all accounts and is payable regardless of whether or not a bin is presented for collection.
6. Termination of Service
6.1. Either Allied or the Customer may terminate this Agreement on the expiry of the Term should you wish to terminate the contract then all balances outstanding shall be settled in full by you. If the Agreement is terminated by you before the expiration date of the Term for any reason other than Allied failure to adhere to these terms and conditions, You are liable to pay the sum of the monthly charges which would otherwise be payable until the end of the Term. Likewise, if the Services for the Term have been paid by You in full an administration charge will be applied for any refunds requested. This charge will not exceed €10