Environment Agency Upper-Tier Waste Carrier · CBDU418527
Waste Transfer Note issued on every job
Licensed waste carrier since 2019
020 3504 6427
1.1 These Terms and Conditions apply to rubbish-clearance and related services supplied by MM Rubbish Clearance Ltd, trading as MM Rubbish Clearance ("MM Rubbish Clearance", "we", "us" or "our").
1.2 Our company details are:
1.3 Our Environment Agency registration may be checked through the Environment Agency's public register of waste carriers, brokers and dealers.
1.4 We are not registered for VAT. See section 5.
2.1 These terms govern every quotation, booking and contract for services supplied by MM Rubbish Clearance.
2.2 Please read them before confirming a booking. By accepting our quotation, making the booking payment or allowing us to begin work, the customer agrees to these terms.
2.3 Nothing in these terms excludes or restricts any statutory right or legal remedy that cannot lawfully be excluded or restricted. Where the customer is a consumer, this includes rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2.4 Where a written quotation contains terms specifically agreed for a particular booking, those terms take priority over any conflicting general provision in this document. No term agreed in a quotation may reduce or remove a right that the customer has by law.
2.5 We may amend these terms from time to time. The version in force when a booking is confirmed applies to that booking, unless a change is required by law or expressly agreed with the customer.
3.1 Depending on the agreed booking, our services may include:
3.2 We will perform the agreed services with reasonable care and skill, and within the agreed time or, where no time has been fixed, within a reasonable time.
3.3 Unless expressly agreed in writing, our services do not include:
4.1 We may prepare a quotation using:
4.2 The customer must provide complete and accurate information.
4.3 Unless identified as an estimate, an accepted quotation is a fixed price for the waste and working conditions shown or described to us. It is not a fixed price for additional waste, materially different waste, or access conditions that were not disclosed. See section 15.
4.4 Our quotations include agreed labour, loading, transport and disposal costs, unless stated otherwise.
4.5 Unless a quotation states a different period, it remains open for acceptance for 30 days from the date of issue. After that it may be withdrawn or revised.
4.6 A quotation may be withdrawn or revised at any time before the customer accepts it.
5.1 MM Rubbish Clearance Ltd is not currently registered for VAT. We do not charge VAT, issue VAT invoices, or display a VAT registration number.
5.2 The accepted quotation is the total price payable, subject only to an adjustment agreed under these terms where the waste, access conditions or requested work materially differs from the information supplied.
5.3 If we become registered for VAT, applicable VAT will be dealt with in quotations issued after registration. A quotation already accepted will not be increased unless required by law or agreed with the customer.
5.4 We do not charge a fee for payment by consumer debit or credit card.
6.1 A booking is confirmed, and a contract is formed, only when:
6.2 A requested date or time is not secured until we confirm it.
6.3 The person making the booking confirms that:
7.1 When booking, we will ask the customer whether the service is required wholly or mainly for personal purposes or wholly or mainly for business purposes.
7.2 An individual acting wholly or mainly outside their trade, business, craft or profession is a consumer. A customer arranging a collection wholly or mainly for business purposes is a business customer, including where that customer is a sole trader.
7.3 We will rely in good faith on the customer's answer when deciding which provisions of these terms apply. The answer given does not itself determine the customer's legal status: if the true position differs, the customer's actual status under the law applies.
7.4 Where no answer is given, or the position is unclear, we will treat the customer as a consumer.
8.1 A booking payment equal to 30% of the accepted quotation is required to confirm and reserve a collection.
8.2 The booking payment is an advance payment towards the total price. It enables us to reserve the collection slot and arrange staff, vehicles, subcontractors, administration and travel.
8.3 The remaining 70% is payable when the collection is completed, unless otherwise agreed in writing.
8.4 The booking payment is not automatically non-refundable. Any amount retained following cancellation, breach or failed attendance must comply with these terms, must reflect our reasonable direct loss, and remains subject to the customer's statutory rights.
8.5 The expression "booking payment" is used throughout these terms. Any reference in a quotation, invoice or other communication to a "deposit" means the same booking payment.
8.6 Unless we expressly instruct otherwise in writing, all payments must be made directly to MM Rubbish Clearance. The customer must not pay a subcontractor separately.
8.7 We will issue an invoice or payment record.
8.8 If a payment is disputed, the customer should contact us promptly and explain the disputed amount. Any amount that is not genuinely disputed remains payable.
8.9 For overdue business invoices, we may claim statutory interest and recovery costs where permitted by the Late Payment of Commercial Debts (Interest) Act 1998. We do not impose interest or collection charges on consumers beyond what the law allows.
9.1 Before a consumer becomes bound by a distance contract or an off-premises contract, we will provide, clearly and in plain language:
9.2 For an off-premises contract, this information and the confirmation of the contract will be supplied on paper or, with the consumer's agreement, on another durable medium.
9.3 For a distance contract, confirmation will be supplied on a durable medium within a reasonable time after the contract is made and before the service begins.
9.4 Email, or a PDF attached to an email, will normally be used. The customer must be able to store the information and reproduce it unchanged for future reference.
9.5 If we fail to give the legally required information about the right to cancel, the cancellation period may be extended by up to 12 months. If the missing information is supplied during that extended period, the cancellation period will ordinarily end 14 days after the consumer receives it.
10.1 This section applies where the customer is a consumer and the contract is made:
10.2 The consumer normally has the right to cancel within 14 days without giving a reason. The cancellation period begins on the day after the contract is made.
10.3 To cancel, the consumer must communicate a clear decision to cancel before the period expires. Cancellation may be sent to:
MM Rubbish Clearance Ltd Flat 559, 275 New North Road, Islington, London N1 7AA10.4 The model cancellation form at the end of these terms may be used, but its use is not compulsory.
10.5 Where a valid cancellation occurs before performance has begun, all payments, including the booking payment, will be refunded in full. This applies even if cancellation is made less than 24 hours before the arrival window.
10.6 This statutory right takes priority over the ordinary cancellation provisions in sections 12 to 15.
10.7 If the consumer expressly requested performance during the cancellation period and then cancels after performance has begun, the consumer may be required to pay a reasonable amount proportionate to the service supplied before cancellation.
10.8 If the requested service is completed in full after the consumer has acknowledged that full completion will cause the cancellation right to be lost, the consumer no longer has the right to cancel that completed service.
11.1 Most of our bookings take place within 14 days of the contract being made. Before dispatching a collection team for a consumer booking that falls within the statutory cancellation period, we will obtain the consumer's express request to begin the service early.
11.2 The request and acknowledgement will be provided and recorded by email, PDF, signed electronic form or another durable medium before dispatch.
11.3 The customer will be asked to confirm:
"I request MM Rubbish Clearance Ltd to begin and, where applicable, complete my collection during the 14-day statutory cancellation period. I understand that if the service is completed in full, I will lose my statutory right to cancel. If I cancel after the service has begun but before completion, I may have to pay a reasonable and proportionate amount for the service already supplied."
11.4 If the consumer does not provide this confirmation, we may postpone the collection until the cancellation period has expired.
11.5 The early-performance request does not make the booking payment automatically non-refundable.
11.6 If the consumer cancels after the requested service has begun, we may charge only a reasonable amount proportionate to the service actually supplied.
11.7 Once the requested service has been completed in full, the consumer loses the statutory right to cancel, provided the acknowledgement in clause 11.3 was obtained beforehand.
12.1 Where the statutory cancellation provisions do not require a different result, a customer may cancel or rearrange without charge by giving at least 24 hours' notice before the beginning of the agreed arrival window.
12.2 The booking payment will be refunded in full.
12.3 For example, if the arrival window begins at 10:00 a.m. on Friday, notice must be received no later than 10:00 a.m. on Thursday.
12.4 Cancellation must be communicated clearly by telephone, email, text message or WhatsApp.
13.1 This section applies where the customer clearly notifies us of cancellation less than 24 hours before the beginning of the arrival window, including on the collection day.
13.2 For a consumer, section 10 takes priority. If the consumer validly exercises the 14-day cancellation right before any service has been supplied, the booking payment will be refunded in full.
13.3 Where the statutory right does not apply, has expired, or has been lost following full performance, we may deduct our reasonable direct loss from the booking payment.
13.4 Relevant losses may include:
13.5 We will take reasonable steps to reduce our loss, including attempting to refill the collection slot.
13.6 The amount retained will not exceed our reasonable direct loss or the booking payment, whichever is lower. It will not compensate us twice for the same loss, and will not operate as a penalty.
13.7 Any remaining balance will be refunded.
14.1 A customer who does not cancel but fails to make the service available as agreed may be in breach of contract.
14.2 This may occur where we or our authorised subcontractor attend within the agreed arrival window but:
14.3 We will make reasonable attempts to contact the customer and will wait at the address for at least 30 minutes from the start of the arrival window before treating the booking as a failed attendance.
14.4 We may recover the reasonable direct losses caused by the breach, including dispatch, travel, staff, vehicle and subcontractor costs. We will take reasonable steps to reduce those losses, and will not recover the same loss twice.
14.5 We may deduct those losses from the booking payment, up to the full amount of that payment. Any balance will be refunded.
14.6 This section does not prevent a consumer from subsequently establishing that they had already exercised a valid statutory cancellation right before the failed attendance occurred.
15.1 Our quotation is based on the photographs, descriptions and access information supplied by the customer.
15.2 On arrival we may assess the waste before beginning work. An updated price may be required if:
15.3 We will explain the reason for the updated price before beginning the affected work. No additional chargeable work will be undertaken without the customer's agreement.
15.4 The customer may:
15.5 If the customer declines and the original service cannot reasonably be performed because the information supplied was materially inaccurate or incomplete, the customer may be in breach of contract. We may deduct our reasonable direct attendance, travel, staff, vehicle, subcontractor and administration losses from the booking payment. The deduction will not exceed the booking payment or our reasonable direct loss, whichever is lower.
15.6 We will take reasonable steps to reduce our loss, and any remaining balance will be refunded.
15.7 If the consumer clearly cancels rather than merely declining the revised quotation, section 10 takes priority.
15.8 If the revised price is required because of an error by us rather than inaccurate or incomplete customer information, the customer may cancel and receive a full refund.
16.1 We may cancel, postpone or stop a service if:
16.2 If we cancel for a reason that is not the customer's fault, the customer may choose a reasonable rearranged date or a full refund of payments for the unperformed service.
16.3 If cancellation results from the customer's breach, we may deduct our reasonable direct loss, subject to applicable statutory rights. Any remaining balance will be refunded.
17.1 Where a consumer validly exercises the statutory right to cancel, any refund due will be made without undue delay and no later than 14 days after we are informed of the decision to cancel.
17.2 Every other refund due under these terms will be made without undue delay and no later than 14 days after the entitlement to the refund has been established.
17.3 Refunds will be made using the original payment method unless the customer expressly agrees to another method.
17.4 No administration or processing charge will be imposed merely for making a refund.
18.1 The statutory 14-day cancellation right does not apply to a customer acting wholly or mainly for business purposes.
18.2 A business customer who cancels at least 24 hours before the arrival window will receive a full refund of the booking payment.
18.3 If a business customer cancels within 24 hours, fails to attend, fails to provide access or otherwise breaches the booking, we may deduct our reasonable direct loss from the booking payment, up to the full amount paid.
18.4 We will take reasonable steps to reduce our loss. Any remaining balance will be refunded.
18.5 Nothing in this section permits us to impose a penalty or to recover more than our reasonable loss.
19.1 The customer must:
19.2 We may refuse to remove an item where ownership or authority is unclear.
19.3 The customer must not intentionally conceal hazardous or prohibited material among general waste.
20.1 Unless specifically agreed in advance and capable of being handled lawfully, we do not collect:
20.2 For the purposes of clause 20.1, quantities requiring separate arrangement are: more than five litres of liquid paint in total; more than ten household batteries, or any vehicle or industrial battery; and more than five fluorescent tubes or lamps.
20.3 Some materials — including fridges, freezers, tyres, mattresses, plasterboard, soil, rubble, electrical equipment and upholstered domestic seating — may require separate pricing or specialist disposal.
20.4 If undisclosed restricted or hazardous material is found, we may:
20.5 The customer may be responsible for reasonable additional costs caused by inaccurate information or concealed material.
21.1 Waste upholstered domestic seating may contain persistent organic pollutants ("POPs"). Such items are subject to specific handling and destruction requirements and must not be sent to landfill or managed through an unauthorised recycling or disposal route.
21.2 Items to which these requirements may apply include:
21.3 Unless there is reliable evidence that an item does not contain POPs, we may treat it as POPs-containing waste.
21.4 The customer must identify upholstered domestic seating when requesting a quotation. Such items may require separate classification, separate storage and transport, delivery to a specifically authorised facility, destruction by authorised incineration, and an additional disposal charge.
21.5 We will explain and obtain the customer's agreement to any additional charge before collection.
21.6 Where an upholstered item remains suitable for legitimate reuse and has not become waste, we may direct it to an appropriate reuse route. Once an item is classified as waste containing POPs, it will be handled in accordance with applicable Environment Agency requirements.
22.1 Once waste has been loaded and accepted by us or our authorised subcontractor, responsibility for the onward handling, transport and disposal of that waste passes to the collecting business.
22.2 Clause 22.1 does not affect the customer's own duty of care under section 34 of the Environmental Protection Act 1990, which includes taking reasonable steps to check that waste is transferred to an authorised person. Our waste carrier registration number is given in section 1 and may be verified on the Environment Agency's public register.
22.3 Collected items may be reused, donated, recycled, recovered or disposed of through an authorised facility.
22.4 Subject to section 29, and unless otherwise agreed in writing, an item cannot be reclaimed after it has been removed from the premises.
22.5 We will manage collected waste lawfully and take it to an appropriately authorised facility or reuse outlet.
22.6 For business customers, a Waste Transfer Note will be completed and provided as required by law, and retained for at least two years. For household collections, a Waste Transfer Note or other appropriate record may be provided on request.
22.7 Where a subcontractor collects the waste, the Waste Transfer Note will record the details and registration of the carrier that actually transports it.
23.1 The customer must provide reasonable access to the premises and to the items being collected.
23.2 Unless agreed otherwise, the customer is responsible for arranging any parking permission needed for the collection.
23.3 Parking, congestion, toll and permit charges will be included in the quotation where they can be identified beforehand. Where such a charge could not reasonably have been identified in advance, we will tell the customer and obtain their agreement before it is added.
23.4 If we cannot begin work because the customer is unavailable, access has not been provided, the address is incorrect, parking arrangements are materially different, the waste is not ready, or another condition within the customer's control prevents collection, we will make reasonable efforts to contact the customer.
23.5 If the collection cannot proceed after the waiting period in clause 14.3, the booking may be treated as a notified cancellation under section 13 or a failed attendance under section 14, as appropriate.
24.1 We will make reasonable efforts to attend within the agreed arrival window.
24.2 Arrival times are estimates unless we expressly guarantee a particular time in writing. Traffic, weather, vehicle problems, disposal-site delays, emergencies and earlier collections may affect our arrival.
24.3 We will notify the customer of a significant delay as soon as reasonably possible.
24.4 If a delay within our control becomes substantial and we cannot provide the service within a reasonable rearranged period, the customer may cancel the unperformed service and receive a refund of payments relating to it.
25.1 We may use an approved subcontractor or third-party collection team to perform some or all of a booking.
25.2 Where a subcontractor will attend, we will notify the customer before the collection and make clear that the third party is attending on our behalf. Where reasonably practicable, we will provide the subcontractor's name or other identifying details.
25.3 The customer's contract remains with MM Rubbish Clearance Ltd. The use of a subcontractor does not reduce our responsibility for ensuring that the agreed service is performed with reasonable care and skill.
25.4 We will take reasonable steps to ensure that subcontractors:
25.5 Where a subcontractor processes personal data on our behalf, we will put in place a written agreement meeting the requirements of Article 28 of the UK GDPR, covering the subject matter, duration, nature and purpose of the processing, security measures, confidentiality, and the return or deletion of data.
25.6 A subcontractor must not increase the price or undertake additional chargeable work without the customer's agreement and our authorisation.
26.1 For some bookings, particularly those performed by a subcontractor, the customer may be asked to provide photographs taken before collection showing the agreed waste and collection area, and photographs taken after collection showing the completed work.
26.2 The photographs help us to confirm the scope of the booking, verify satisfactory completion, authorise payment to a subcontractor, resolve concerns about remaining or removed items, and investigate allegations of property damage.
26.3 The customer should avoid photographing people, identity documents, financial information, security information, valuables or other unnecessary personal information.
26.4 If the customer will not be present, we may agree that the subcontractor, landlord, agent, property manager or another authorised representative can provide the photographs.
26.5 A customer who cannot reasonably provide photographs should tell us before the booking so that another reasonable method of confirming completion can be agreed.
27.1 Where reasonably possible, the customer should inspect the work after collection and confirm whether the agreed service has been completed.
27.2 If the customer believes the service is incomplete or that damage has occurred, they should notify us as soon as reasonably possible and provide supporting photographs or information.
27.3 Where a subcontractor has completed the service, the booking payment and any balance held by us remains under our control. We will not authorise payment to the subcontractor until we have received reasonable evidence of completion.
27.4 Evidence may include before-and-after photographs, customer confirmation, a signed completion record, collection records, or another form of evidence reasonably agreed in advance.
27.5 If the customer does not respond within 72 hours after receiving completion evidence or a request for confirmation, and no problem has been reported, we may treat the service as completed on the basis of the available evidence.
27.6 Clause 27.5 does not remove the customer's statutory rights or prevent a valid complaint being made afterwards.
28.1 We will take reasonable care when removing items.
28.2 The customer must tell us about fragile walls, floors, doors or fixtures; concealed pipes, cables or services; existing property damage; weak or unsafe structures; and anything else that could create a risk of damage.
28.3 The customer should protect vulnerable surfaces where appropriate.
28.4 Moving large or heavy items through narrow spaces may involve a risk of minor marking. This does not remove our duty to exercise reasonable care and skill.
28.5 We are not responsible for pre-existing damage, ordinary wear and tear, damage resulting from concealed defects, damage caused by unsafe premises, damage resulting from inaccurate instructions, or loss that could reasonably have been avoided if a relevant risk had been disclosed — except to the extent that our negligence contributed to the damage.
28.6 The customer should report alleged damage as soon as reasonably possible, provide photographs where available, and allow us a reasonable opportunity to inspect.
29.1 The customer is responsible for identifying items that must remain at the property.
29.2 Valuables, documents, keys, cash, jewellery, data-storage devices and items of sentimental importance should be removed from the collection area before work begins.
29.3 If the customer believes an item was removed by mistake, they must contact us immediately. We will take reasonable steps to locate it where practicable, but we cannot guarantee recovery once an item has been transported, processed, recycled or disposed of.
29.4 Nothing in this section excludes responsibility for loss caused by our failure to exercise reasonable care and skill.
30.1 We recognise that a customer arranging a probate or bereavement clearance may not know what is present at the property.
30.2 Where the customer tells us in advance that a booking is a probate or bereavement clearance, we will, at no additional charge:
30.3 Where such items are identified after removal, we will hold them for 14 days before disposal and make reasonable efforts to contact the customer.
30.4 This section does not reduce the customer's responsibility under section 29 to identify items that must remain, and does not amount to a guarantee that every such item will be identified.
31.1 We are responsible for foreseeable loss or damage caused by our breach of contract, negligence, or failure to exercise reasonable care and skill.
31.2 We do not exclude or limit responsibility where doing so would be unlawful, including responsibility for:
31.3 We are not responsible for business losses arising from services obtained mainly for private or domestic purposes.
31.4 Nothing in these terms affects the consumer's statutory rights.
32.1 This section applies only where the customer acts wholly or mainly for business purposes.
32.2 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; deliberate misconduct; or any other matter for which limitation would be unlawful.
32.3 Subject to clause 32.2, we will not be liable to a business customer for indirect or consequential loss, loss of revenue, loss of business or opportunity, loss of anticipated savings, or loss of data.
32.4 Subject to clause 32.2, our total liability to a business customer arising from or in connection with a booking will not exceed the greater of £[INSERT FIGURE] and the total price payable for that booking, unless a different limit is expressly stated in the accepted quotation or booking confirmation.
33.1 We maintain insurance appropriate to our operations, including public liability cover and, where applicable, employers' liability cover and cover for goods in transit.
33.2 Evidence of current cover will be provided on reasonable request.
33.3 Insurance does not remove or reduce any responsibility that we cannot legally exclude.
34.1 Neither party will be responsible for delay or failure caused by an event outside its reasonable control.
34.2 Such events may include severe weather; road closures; major traffic disruption; vehicle breakdown; fire, flood or other emergency; industrial action; failure of an authorised disposal facility; public-health restrictions; or acts or requirements of public authorities.
34.3 The affected party must take reasonable steps to reduce the disruption and notify the other party where appropriate.
34.4 This section does not remove a customer's right to a refund for a service that is not provided.
35.1 We process customer names, addresses, contact details, photographs, payment records, booking information, access information and waste documentation.
35.2 Personal information may be used to provide quotations; confirm and perform bookings; arrange subcontractors; communicate with customers; administer payments and refunds; produce Waste Transfer Notes; comply with legal and regulatory duties; prevent fraud; investigate complaints; and establish, exercise or defend legal claims.
35.3 Before-and-after photographs are used for booking, completion, payment, quality-control, complaint and compliance purposes. We will not use photographs of a customer's property for advertising or social media without separate permission.
35.4 Customers should avoid sending unnecessary personal or confidential information in photographs.
35.5 Full information about the identity of the controller, lawful bases, recipients, retention periods, individual rights and complaint routes is set out in our Privacy Policy. We will supply the Privacy Policy, or make it readily accessible, before personal information is collected. This section is not a substitute for that policy.
36.1 A customer who is dissatisfied should contact us:
MM Rubbish Clearance Ltd Flat 559, 275 New North Road, Islington, London N1 7AA36.2 The customer should provide their name and contact details, the collection address, the booking date, a clear description of the issue, and any relevant photographs, messages or documents.
36.3 We aim to acknowledge a complaint within five working days and to issue a substantive or final response within 14 working days where reasonably possible.
36.4 If a consumer complaint cannot be resolved through our internal procedure, our final response will give the consumer the name and website of a body approved to provide alternative dispute resolution, and will state whether we are obliged to use that body and whether we intend to do so.
36.5 Alternative dispute resolution does not prevent either party from exercising a legal right to bring court proceedings, except where the parties enter into a legally binding settlement or decision.
36.6 Where the law entitles a consumer to repeat performance, a price reduction, a refund or another remedy, these terms do not restrict that entitlement.
37.1 We may assign or subcontract our obligations, but this will not reduce the customer's legal rights.
37.2 The customer may not transfer the contract to another person without our agreement, except where the law permits otherwise.
37.3 If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions continue in effect.
37.4 A delay in enforcing a contractual right does not waive that right.
37.5 The contract is between the customer and MM Rubbish Clearance Ltd. No other person may enforce it except where applicable law provides otherwise.
38.1 These terms and the contract are governed by the laws of England and Wales.
38.2 If the customer is a consumer, proceedings may be brought in the courts of the part of the United Kingdom where the customer lives.
38.3 If the customer is acting in the course of business, the courts of England and Wales have exclusive jurisdiction unless otherwise agreed in writing.
Complete and return this form only if you wish to cancel a qualifying consumer contract. Send it to MM Rubbish Clearance Ltd, Flat 559, 275 New North Road, Islington, London N1 7AA, or by email to info@mm-rubbishclearance.co.uk.
I/We hereby give notice that I/we cancel my/our contract for the following service:
Service booked
Collection address
Date the contract was agreed
Date the service was due
Customer's name
Customer's address
Customer's signature (paper submissions only)
Date
