Garden Waste Permit Collection Service Terms and conditions

1.      The Agreement

1.1    This Agreement is made between the resident ("You") and South Ayrshire Council ("the Council") and sets out the terms and conditions under which You may use the Council's Garden Waste Permit Collection Service. ("the Service").

1.2    By agreeing to pay for the Service You will be deemed to have accepted the terms and conditions constituting this Agreement.

2.      The Service and Eligibility

2.1    The Garden Waste Permit Collection Service is for garden waste collected by the residents of Council tax rated domestic premises only.  The Service is not for waste arising through commercial activity.

2.2     All domestic residents living within the Council's boundary are eligible to apply to the Service.

2.3    Only brown wheeled bins with capacity of 140 or 240 litres ("Brown Bin") or a Council-branded garden waste sack ("Garden Waste Sack") supplied by the Council will be emptied by the Council under the terms of this Agreement.  You may request a Brown Bin or Garden Waste Sack at the time of registering for the Service.  Delivery of any Brown Bin or Garden Waste Sack may take up to 10 working days.  The Council will not be held accountable for any missed collections while You wait for a Brown Bin or Garden Waste Sack to be delivered.

2.4     A valid Garden Waste Permit ("Permit") will be required for each individual Brown Bin and/or Garden Waste Sack presented for collection.

2.5     The Service will be carried out by or on behalf of the Council and collections will take place every four weeks on the scheduled uplift day, as detailed in the Council's collection calendar available online at https://www.south-ayrshire.gov.uk/bin-days.  

2.6     The Service will be available all year round, however You will be required to book a collection during the months of December, January and February.  The Council's 'Winter Brown Bin Booking System' available at https://www.south-ayrshire.gov.uk/winter-bins will be used for You to make bookings during these months.  Only residents who have registered with the Service under the terms of this Agreement will be able to book a collection during the months of December, January and February.

3.      Contract Period, Price and Registration

3.1    The Agreement between You and the Council will start on the date the Council receives a completed application and payment of the annual charge from You, in line with this paragraph 3 ("Start Date").

3.2    Registration and payment for the Service can be made online at www.south-ayrshire.gov.uk.  For residents that are unable to register online please contact            01292 559342.   Payment for the Service can be made by credit or debit card.

3.3    In terms of section 4 and Schedule 2 of the Controlled Waste Regulations 1992, the Council is permitted to charge for the collection of garden waste.  The annual charge applying for the year 2024/2025 is £50.  Full payment will be taken [MI1] at the time of sign up before the Service is provided.

3.4    You will be required to pay the full annual charge for the relevant year.  No discounts or concessions will be available.

3.5     The Agreement will run from the Start Date for a period of twelve (12) months[A2] [MI3] .  The Service will be provided by the Council throughout the 12 month rolling period from the Start Date.  At the end of the Agreement period, Your registration to the Service will be automatically renewed unless You cancel the auto-renewal.  You can cancel the auto-renewal online at https://www.south-ayrshire.gov.uk/bins-and-recycling or by calling 01292 559342.  If you cancel the auto-renewal You will require to renew your registration each year in order for the Service to be continued. 

3.6    The Council reserves the right to vary the charge for the Service, which will be set by the Council on an annual basis.  You will be notified of any price increase as part of the annual renewal.

4.      Garden Waste Permit

4.1    When full payment of the annual charge for the Service has been paid by You the Council will send You a Permit.

4.2    A valid Permit is required for each individual Brown Bin and/or Garden Waste Sack presented for collection.  

4.4    Each Brown Bin and/or Garden Waste Sack presented for collection must display the Permit issued by the Council under this Agreement.  It is Your responsibility to display and position the self-adhesive Permit on the Brown Bin and/or Garden Waste Sack correctly in accordance with this Agreement and the instructions provided in the letter sent with the Permit, to ensure that collection crews can identify which Brown Bins and/or Garden Waste Sacks are registered for collection.  The Permit must be displayed underneath the handle on the body of the Brown Bin.  It must be presented in accordance with paragraph 7 of this Agreement and positioned so that the Permit is visible from the roadside.[BA4] [MI5] 

4.5     Your address will be added to the Council database which will be accessed by collection crews via electronic tablets to confirm registration under the terms of this Agreement.

5.      Storage of the Brown Bin and/or Garden Waste Sack

5.1     You must always have adequate storage space for the Brown Bin within the curtilage of your property.

5.2    The Brown Bin and/or Garden Waste Sack issued by the Council shall be presented at the domestic property registered against the Permit issued under this Agreement.

5.3    Brown Bins and Garden Waste Sacks remain the property of the Council and they should not be removed from the domestic property that they are registered to, except with the prior written permission of the Council.

5.4    For the duration of this Agreement You will be responsible for the safekeeping and cleanliness of the Brown Bin and/or Garden Waste Sack.

5.5    Replacement Brown Bins may be pre-used but will be clean and in good working condition.

5.6    You are responsible for ensuring that the Permit issued to you under this Agreement is positioned correctly on the Brown Bin and/or Garden Waste Sack, as per the instructions detailed within the letter posted with the Permit.

6.      Moving house

6.1    If You move house within South Ayrshire to an eligible property your registration will continue at your new address.  

6.2    You will be responsible for informing the Council if you are moving house.  The Council will send You a new Permit for the Brown Bin and/or Garden Waste Sack at your new property once you have updated your registration address held by the Council.  You will be responsible for ensuring that the new Permit is displayed correctly on the Brown Bin and/or Garden Waste Sack at your new address.

6.3    Before leaving your original address, You will be responsible for removing the Permit from the Brown Bin and/or Garden Waste Sack and returning that to the Council.

6.4     If You move to a property outside the South Ayrshire boundary, You will not be eligible for a refund of the annual charge.

7.      Service conditions

In using the Service, You accept and agree that:

7.1    The Brown Bin and/or Garden Waste Sack must be presented kerbside or at the collection point previously agreed with the Council and presented in accordance with the provisions of this Agreement and in particular paragraph 4.4.

7.2    The Brown Bin and/or Garden Waste Sack must be presented on their scheduled collection day by 6:00am then returned to your property as soon as possible after collection.  If the Brown Bin and/or Garden Waste Sack are not presented properly in accordance with this Agreement on the scheduled day of collection the Brown Bin and/or Garden Waste Sack cannot be reported as missed and will not be considered a missed collection [A6] [MI7] for the purposes of paragraph 7.

7.3    You can check the collection information for your property by downloading the Council's App, SAC MyBins from the App Store or Google play, online at https://www.south-ayrshire.gov.uk/bin-days or by contacting the Council's Customer Services team on 0300 123 0900.

7.4    The lid of any Brown Bin containing garden waste must be fully closed. The Council operates a flat lid policy.  Waste materials deposited inside the bins must not be compacted too densely as to make them too heavy to manoeuvre and unable to be lifted by the collection vehicles lifting equipment.  The Council reserves the right not to empty the bin in this instance.  If there are repeated instances where the Brown Bin You present does not comply with the requirements in this paragraph, the Council reserves the right to remove the Brown Bin and cancel the Agreement with You.  No refunds will be available for any collections missed under this paragraph.

7.5    You may only use the Service for the collection of items of household garden waste.  Any waste or matter not specified on the Council's website https://www.south-ayrshire.gov.uk/brown-bin will be deemed as non-conforming waste.  You are not permitted to use the Service for the collection of non-conforming waste.  If non-conforming waste is presented for collection using the Service, it will not be collected.

7.6    The Council reserves the right not to service any bin that has been deemed a health and safety risk to the collection crew (as detailed in paragraph 7.4).  The Council may require You to take steps to reduce the risk to the collection crew before any further attempt at collection is undertaken.

7.7    Only Brown Bins and/or Garden Waste Sacks displaying a valid Permit will be collected and emptied. Garden waste presented in any other container will not be collected.

7.8     The Council has the right to cancel any Agreement where the garden waste is produced as a result of commercial activity, with no refund given.

8.      Cancellation

8.1     You are entitled to cancel the Agreement within 14 days of the Start Date.  If the Service has commenced prior to the cancellation notice being received, You will be entitled to receive a part refund.  If the Service has not commenced prior to the cancellation notice being received, You will be entitled to a full refund. 

8.2     Following the 14-day cooling off period You are entitled to cancel the Agreement at any time, but no refund or part refund will be given.

8.3    To exercise the right to cancel, You must inform the Council of your decision to cancel the Agreement by visiting our website https://www.south-ayrshire.gov.uk/bins-and-recycling or by calling the Customer Services Team on 01292 559342.

8.4     If the Permit has been issued prior to the cancellation notice being received, You will be responsible for the reasonable costs of returning the Permit to the Council.  

8.5     If You are entitled to a refund in terms of paragraph 8.1, the refund will be issued on receipt of the returned Permit to the Council.

9.      Events outside the Council's control

9.1    "Events Outside the Council's Control" means any act or event beyond the Council's reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles and frozen bins.

9.2    The Council will not be responsible for any failure to perform or delay in performance of any of the Council's obligations under this Agreement that is caused by an Event Outside the Council's Control.

9.3    If an Event Outside the Council's Control affects the Council's ability to deliver the Service:

(a)         the Service will resume as soon as reasonably practicable after the Event Outside the Council's Control has ceased; and

(b)         You will not be entitled to cancel the Agreement and claim any refund or part refund.

9.4    The Council will not be liable for any loss of profit or any direct or indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Council's employees, contractors, agents or otherwise) in connection with its provision of the Service or the performance of any of its other obligations under this Agreement or with Your use of the Service, whether as a result of breach of contract, breach of statutory duty, tort (including negligence), or otherwise howsoever arising.

10.   Complaints

10.1  To make a complaint regarding the Service, please visit www.south-ayrshire.gov.uk/complaints or contact the Customer Services Team on 0300 123 0900. 

11.   Privacy

11.1  The Council will treat all information provided in confidence, in accordance with the Data Protection Act 2018 and the UK GDPR and will be used for the purpose or purposes for which it was intended and may be shared with other departments in the Council and other enforcing authorities for the purpose of preventing fraud, misuse of public funds and any legal or statutory requirements. Read more information on how we process your personal data and your rights as a data subject at https://www.south-ayrshire.gov.uk/privacy-policy

11.2   The Council will use your personal details to contact You from time to time in relation to the provisions of this Service or renewal of the Agreement.