Terms & Conditions
Terms and Conditions Amended March 2013
This Waste Services Agreement is between you (the Customer) and Panda.
The definitions and rules of interpretation in this clause apply in this Agreement.
1.1 “Bins” shall mean the green/brown/black of other wheelie bin supplied by Panda to the Customer.
1.2 "Customer" shall mean the person or entity to whom the Service is provided, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Data Protection”, the Data Protection Acts, 1988 to 2003 as amended from time to time or any other applicable data protection laws.
1.4 "Panda" shall mean Nurendale Limited, the provider of the Services.
1.5 "Price" shall mean all payments due to Panda by the Customer for the provision of Services.
1.6 "Services" shall mean all services provided by Panda to the Customer.
2.1 Any instructions received by Panda from the Customer for the supply of Services and the acceptance of delivery of the Services by the Customer shall constitute an agreement by the Customer to be bound by and accept these terms and conditions. No variation to these terms and conditions shall form part of any agreement unless specifically accepted by Panda in writing.
3.1 Time for payment for the Services will be stated on the invoice or any other forms. If no time is stated then payment shall be due 30 days following the date of the invoice.
3.2 Payment shall be made by cash, bank cheque, credit card, direct debit, or by any other mode agreed between the Customer and Panda.
4. Provision of Services
4.1 The Customer shall not without written permission from Panda transfer this agreement to a third party and all delivery of Services to any third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5. Ownership of Bins
5.1 The Customer accepts and agrees that the Bins are and shall remain the property of Panda.
6. Customer Obligations
6.1 The Customer shall hire the Bins for a minimum period as agreed between Panda and the Customer until it is terminated by either party giving thirty (30) days written notice.
6.2 The Customer shall notify Panda immediately by telephone of the full circumstances in the event of any accident. The Customer is not excused of their obligations to safeguard the Bins by giving such notification.
6.3 The Customer shall satisfy itself at commencement of the Agreement that the Bins are suitable for its purpose and operate the Bins for its intended use only.
6.4 The Customer shall not alter, make additions to, deface or erase any identifying mark or number on or in the Bins or interfere with the Bins in any other manner.
7. Default of Agreement
7.1 Interest on overdue accounts shall accrue from the date when payment becomes due daily until the date of payment at a rate of 1% per calendar month.
7.2 Without prejudice Panda shall treat dishonoured cheques, direct debits, or any other form of payment, as non- payment.
7.3 Panda also reserves the right for non-payment by the Customer to suspend or terminate the supply of Services to the Customer. Panda will not be liable to the Customer for any loss or damage the Customer suffers because it exercised its rights under this clause.
8.1 Either party may terminate this agreement at any time by giving 30 days written notice. On giving such notice Panda shall repay to the Customer any sums paid in respect of the Price. Panda shall not be liable for any loss or damage arising from such termination.
8.2 In the event that the Customer terminates their agreement with Panda, the Customer is responsible:
a) for payment of €30.00 (which payment shall cover collection, cleaning and re-branding of Bins)
b) for safeguarding the Bins until collection
c) any waste in the Bins at the time of collection. All such waste will be subject to a charge at Panda’s normal rates.
9.1 If any clause of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the clauses shall not be prejudiced.
9.2 No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following circumstances: industrial disputes, strike, act of God, fire, flood, explosion, power surge war or terrorism
10. Data Protection
10.1 The Customer authorises Panda to collect, retain and use any personal data about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and Services to the Customer; and to disclose information about the Customer, whether collected by Panda from the Customer directly or obtained by Panda from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Customer.
10.2 The Customer shall have the right to request from Panda a copy of their personal data retained by Panda pursuant to Data Protection Legislation and the right to request Panda to amend any incorrect personal data about the Customer held by Panda.
11. Governing Law and Jurisdiction
11.1 These terms and conditions and any agreement to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.