Terms & Conditions

1. SUPPLY OF SERVICES

The Customer shall ensure that:

1.1 The wheelie bins provided are the property of Ryan Brothers Environmental Services. Please ensure your bins are left out kerb side for early morning collection and brought back in afterwards. Please note, NO HOT ASHES IN WHEELIE BINS.

1.2 Ryan Brothers Environmental Services bins are fitted with RFID Chip for Identification. This means that our Waste Trucks can identify individual accounts and whether the bin should be emptied or not.

1.3 On request, Ryan Brothers Environmental Services will provide a customer with a replacement bin(s) if the bin(s) originally given to the Customer to complete the Service have been damaged, lost or are otherwise in need of repair due to the negligence of the Customer. There will be a fulfilment fee per bin for this transaction depending on the size of the bin.

1.4 If the Service is not carried out on the day specified, RYAN BROTHERS ENVIRONMENTAL SERVICES reserves the right to reschedule the visit to the next reasonable opportunity for such Service and no claim shall lie against RYAN BROTHERS ENVIRONMENTAL SERVICES by the Customer in this respect.

1.5 If the Customer fails to return the Bins to Ryan Brothers Environmental Services then Ryan Brothers Environmental Services or an agent of Ryan Brothers Environmental Services may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Bins are situated and take possession of the Bins.

1.6 Customers can access any account details, lift information or payment history by contacting the Ryan Brothers Environmental Services Office either via phone, email or website – www.ryanbros.ie/staging.

1.7 RYAN BROTHERS ENVIRONMENTAL SERVICES has the right to sub-contract the provision of any of the Services.

1.8 Should a customer move address and no longer require their existing bin at a new address, their account must be cleared of any outstanding amounts owed before it can be terminated.

1.9 Materials suitable for collection must be placed in a wheeled bin. Any materials presented in unidentifiable waste bags or contaminated bins will not be collected.

1.10 The Equipment is not filled above the level load permitted by the Equipment, ensure the lid can close.

1.11 The Customer shall take all reasonable care of the Equipment while in their custody. The Customer shall be liable for any damage whatsoever caused to or by the Equipment arising from the neglect or default of the Customer or their agents;

1.12 Ryan Brothers Environmental Services must be informed at least 7 days in advance of any changes to be applied to your service and/or account details.

1.13 Periodical reviews will be carried out on account activity. Dormant accounts may be discontinued and only re-opened on a further successful application. Ryan Brothers Environmental Services reserves the right to amend credit facility terms and conditions or to withdraw facilities at any time.

1.14 Proof of address must be provided for all Sole Traders and Partners by form of a utility bill or a copy of the heading of your bank statement dated within three months of this application.

1.15 Should you wish to terminate your contract with Ryan Brothers Environmental Services one month’s notice is required in writing to info@ryanbros.ie. The closing balance on your account will be taken by one final direct debit payment. Any balances outstanding on a closed account will be forwarded to our solicitors for collection and additional charges will be applied to cover the costs of legal fees.

2. DELIVERY OF EQUIPMENT AND RISK

2.1 In all circumstances, delivery shall be deemed to take place when the Equipment comes within the possession or control 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. RYAN BROTHERS ENVIRONMENTAL SERVICES 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. The customer hereby indemnify’ s RYAN BROTHERS ENVIRONMENTAL SERVICES 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.

2.2 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.

2.3 RYAN BROTHERS ENVIRONMENTAL SERVICES 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 RYAN BROTHERS ENVIRONMENTAL SERVICES’ collection vehicles and/or in the opinion of RYAN BROTHERS ENVIRONMENTAL SERVICES, a danger or risk will be created thereby, being in particular, a risk of danger or injury to third parties.

2.4 Any Materials that has the potential to be carried by wind must be covered or secured within the Equipment;

2.5 Customers 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;

2.6 The Equipment is kept in a safe place, away from third party interference;

2.7 The appropriate Equipment is used only for the disposal of the appropriate Materials.

2.8 For the avoidance of doubt, RYAN BROTHERS ENVIRONMENTAL SERVICES 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 RYAN BROTHERS ENVIRONMENTAL SERVICES in this respect shall be final.

2.9 Customers shall permit RYAN BROTHERS ENVIRONMENTAL SERVICES reasonable access to their property or premises to enable RYAN BROTHERS ENVIRONMENTAL SERVICES to carry out the Services, in accordance with these Terms and Conditions.

3. PRICING AND PAYMENT

3.1 Customers shall pay for the Services in accordance with the Price.

3.2 All prices quoted are inclusive of Value Added Tax and any other taxes payable for the Services.

3.3 RYAN BROTHERS ENVIRONMENTAL SERVICES reserves the right, without further notice, to charge the Customer an administration fee of €4.44. If a direct debit or returned payment request is not honoured by the Customer’s financial institution on behalf of the Customer the appropriate fee will apply.

3.4 Ryan Brothers Environmental Services reserves the right to change the price in the event of a variation to the Service due to:

1. national inflation or
2. increases or decreases at recycling/disposal sites or
3. increases in fuel costs or
4. any other unforeseen and/or unexpected increase in the Service Providers costs

3.5 For An Post bill pay and Post Point Customers that discharge their accounts by a less than €20.00 per transaction RYAN BROTHERS ENVIRONMENTAL SERVICES reserve the right to charge a €1.00 transactional fee to cover the transactional fee charged by the administrator of the account.

3.6 It is important that you keep your account paid up to date and within the payment terms as detailed on your invoice. Payment must be made a minimum of 3 working days in advance to ensure your account is updated. If your account is not within our agreed terms our system will automatically reject your bin for collection. Same day payment cannot guarantee collection.

3.7 Our Commercial Customers credit terms are 15 days from date of invoice and a deposit of €200 is required before an account can be opened. The deposit will be returned to the customer or netted off the account balance after twelve months, if the account has been kept within payment terms. Invoice queries must be raised within 30 days

3.8 RYAN BROTHERS ENVIRONMENTAL SERVICES 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.

4. INDEMNITY

4.1 THE CUSTOMER SHALL INDEMNIFY RYAN BROTHERS ENVIRONMENTAL SERVICES 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 RYAN BROTHERS ENVIRONMENTAL SERVICES 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.

5. LIABILITY

5.1 RYAN BROTHERS ENVIRONMENTAL SERVICES 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 PUNITATIVE LOSS OR DAMAGE (WHETHER FOR LOSS OF CURRENT OR FUTURE PROFITS, LOSS OF ENTERPRISE VALUE OR OTHERWISE) AND WHETHER OCCASIONED BY THE NEGLIGENCE OF RYAN BROTHERS ENVIRONMENTAL SERVICES, ITS EMPLOYEES OR AGENTS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2 Nothing in this these Terms and Conditions shall exclude or limit the liability of RYAN BROTHERS ENVIRONMENTAL SERVICES for death or personal injury resulting from the negligence of RYAN BROTHERS ENVIRONMENTAL SERVICES 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.

6. DATA PROTECTION

6.1 RYAN BROTHERS ENVIRONMENTAL SERVICES will process any Personal Data provided for the following purposes:

6.1.1 to adequately deal with the Services

6.1.2 To contact the Customer if required in connection with the Services

6.1.3 To respond to any communications sent to RYAN BROTHERS ENVIRONMENTAL SERVICES by the Customer and/or

6.1.4 To send notifications about the range of services available if a Customer has opted to receive such notifications.

6.1.5 To ensure the Customer only receives communications from RYAN BROTHERS ENVIRONMENTAL SERVICES which were consented to or which form part of the Services.

6.2 RYAN BROTHERS ENVIRONMENTAL SERVICES will not disclose Personal Data to third parties, , unless the Customer has consented to this disclosure, it is for a legitimate business interest related to RYAN BROTHERS ENVIRONMENTAL SERVICES or unless the third party is required to fulfil the Services (in such circumstances, the third party is bound by similar data protection requirements).

6.3 RYAN BROTHERS ENVIRONMENTAL SERVICES will disclose Personal Data if they believe in good faith that they are 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.

7. TERMINATION OR CANCELLATION OF SERVICES

7.1 To terminate the service, one month’s notice of your intention to terminate must be provided.

7.2 RYAN BROTHERS ENVIRONMENTAL SERVICES will only accept cancellation or termination notices from the Customer and will not accept notification from any third party

7.3 If the Customer cancels their contract with Ryan Brothers Environmental Services, the Customer is responsible:

1. for the Goods belonging to Ryan Brothers Environmental Services until the Goods have been collected by Ryan Brothers Environmental Services; and
2. any waste in the bin at the time of collection. All such waste will be subject to and charged for at Ryan Brothers Environmental Services normal rates.

7.4 If monies are still owed, Ryan Brothers Environmental Services will not terminate the contract until the balance has been settled.

7.5 Without prejudice the Service Provider, Ryan Brothers Environmental Services, shall treat returned cheques, direct debits, or any other form of payment, as defaults in payment. Without prejudice to any other remedies Ryan Brothers Environmental Services may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Ryan Brothers Environmental Services may suspend or terminate the supply of Service and/or Goods to the Customer and any of its other obligations under the terms and conditions. Ryan Brothers Environmental Services will not be liable to the Customer for any loss or damage the Customer suffers because Ryan Brothers Environmental Services exercised its rights under this clause.

7.6 Ryan Brothers Environmental Services may cancel these terms and conditions or cancel the provision of Service at any time by giving written notice. On giving such notice Ryan Brothers Environmental Services shall repay to the Customer any sums paid in respect to unused service. Ryan Brothers Environmental Services shall not be liable for any loss or damage whatever arising from such cancellation.