Terms & Conditions
1. Definitions
1.1 In these terms these words have the following meanings: “Elite” “We” “Us” “Our” means Elite Waste & Recycling Services Pty Ltd (A.C.N. 681 444 244) and its appointed Agents and Subcontractors.
“Schedule” means the front page of the Agreement consisting of agreed Service and Services Charges.
“Agreement” means the agreement between Elite and the Customer, comprising the Schedule of this document and these Terms and Conditions.
“Initial Term” is any contract period agreed between Elite and the Customer as shown in 5.1
“Customer” “You” “Your” means a person, firm or corporation (jointly and severally if more than one), obtaining the Services.
“Services” means Elite provision of Equipment and collection and disposal of Waste as specified on the Schedule and other services as may be required or varied in accordance with this agreement.
“Service Charge” means the fee for service as set out in the Schedule (as varied from time to time) and any other rate, which We both agree to in writing. Fees are exclusive of GST unless otherwise stated.
“Term” means “Initial Term”, or a renewal under clause 5.2, and / or any other period agreed to by You and Elite in writing.
“Special Waste” means any, chemical, radioactive, volatile, flammable, explosive, biomedical, toxic or hazardous substances including asbestos, tyres, mattresses, regulated, reportable, priority or liquid waste, or any other substance which is not explicitly described and agreed to on the Schedule of the Agreement.
“Waste” means all waste and recyclables generated by or in the possession of the Customer at the Customer’s nominated collection premises but excluding Special Waste (unless Elite has expressly agreed in writing to provide services in respect of Special Waste).
“Change in Law” means the introduction of a change in, or a change in the interpretation or administration of, a Law.
“Law” means any Law in Australia including a statutory instrument of any kind and any judgement, order, policy, or official directive, request of any government, government agency, or person charged with the administration of a Law.
“Equipment” means containers, units and other Equipment placed as specified on Schedule supplied by Elite. Or any other Equipment supplied from time to time.
2. The Service
2.1 For the Term of the Agreement and any extensions thereof, You grant Elite the exclusive right to provide You with all Services in accordance with the Schedule. Except that the Customer will not be required to use Elite exclusively to the extent and for any period during which Elite is unable to provide the services.
3. Fees and Variations
3.1 All rates set out in the Schedule are GST exclusive.
3.2 All statutory fees or charges levied by any authority will be paid by You in addition to the rates set out in the Schedule.
3.3 Elite may vary a rate at any time during the term, acting reasonably, by giving the Customer at least 30 days written notice to reflect a change in the following:
a) In accordance with any increase in the Consumer Price Index;
b) If the commodity sell prices change for material collected by Elite
or the commodity reseller rebates to Elite change;
c) The introduction of a Change in Law or regulation, including an increase in levies, taxes, charges or schemes imposed by a relevant authority; and
d) An increase in third party disposal costs to Elite.
e) Delivery and removal Service Charge’s may be applied as required.
3.4 Elite may vary a rate at any time during the term, immediately, for any of the following reasons:
a) Changes in the nature, type, or density of waste
b) Changes in the frequency of services
c) Changes in the access to site;
4. Payment Conditions
a) You must pay all money You owe Elite within 14 days of the invoice date. If You fail to pay within 14 days of the invoice date, Elite may suspend Your services by giving You a minimum of 24 hours’ notice.
This suspension will remain in force until overdue monies are received by Elite.
b) Any claims for credit must be made in writing before the invoice is due for payment.
c) Interest at the rate of 10% per annum may accrue on any invoices outstanding in excess of the terms set out in clause 4 a).
d) Where recovery action is required, any costs incurred will be added to the outstanding invoices and form a part of any amount owed.
e) To the extent permitted by the Privacy Act 1988, You authorise Elite to obtain credit information about You from any credit reporting agency or credit provider for the purposes of assessing Your credit application and to assist Elite in the collection of any overdue payments.
5. Term and Renewal of Term
5.1 This Agreement will remain in force for an Initial Term shown in the Schedule page, from the ‘Contract Commencement Date’ to the ‘Until’ date. If not stipulated, the Initial Term will otherwise be 36 months.
5.2 With written consent from the Customer, at the end of the Initial Term or any renewed term this Agreement will automatically be renewed for a further term equal to the Initial Term.
5.3 If Elite have not been provided written consent from the Customer that the Customer consents to the continuation into a renewed term, the Customer may terminate the Agreement by providing 60 days’ written notice to Elite any time after completion of the Initial Term.
6. Waste and Title
6.1 If required by Law, Elite are Your agent with respect to collecting, transporting and disposing of the Waste. You warrant to Us that the waste materials to be collected and/or disposed of by Us: corresponds with the Waste Type and/or description provided in the Schedule; is Waste generated by You; is what You tell Us it is; it excludes Special Waste unless expressly agreed otherwise in writing.
6.2 You must:
a) Store all waste properly and ensure easy access for Elite to enable handling and removal; and
b) Comply with all reasonable directions given to You by Elite concerning the waste including but not limited to the completion of any Agreements and authorisations that Elite require.
c) Abide by all laws and regulations around the classification, handling and disposal of waste, in particular ensuring that wastes are only placed in the appropriate receptacles for transport to a disposal, treatment or recycling facility.
6.3 If You require Elite to handle or remove or dispose of any type of waste which is not listed as a Waste Type, You must disclose the contents to Elite and obtain written agreement from Elite to its handling or removal or disposal.
6.4 If a load of waste contains more than one waste type this may require separation by You to enable correct handling or removal or disposal.
6.5 Your covenant: Accept the return of any Special Waste which if handled or removed by Elite, is done
only as Your agent.
6.6 Elite may in its absolute discretion, refuse to handle or remove or dispose of any Waste or Special Waste.
6.7 If waste is collected or disposed of and is not as described, quoted or sampled (for example but not limited to density, composition, waste type or nature) you accept that this will require different treatment or disposal.
Under these circumstances, Elite may be required to dispose of the waste at the best immediately available location, resulting in a rate different to that originally quoted.
7. Indemnity and Insurance
The Customer indemnifies Elite (except to the extent loss or damage is caused by Elite negligence or misconduct) against any loss or damage arising under or in connection with:
a) A breach by the Customer of:
i) any warranty or other term of this Agreement;
ii) any duty of care owed to Elite whilst on the Premises; and/or
iii) any Law or regulation.
b) Injury or death to persons, loss or damage to property or the environment, caused by or in connection with use, storage or operation of the Equipment by the Customer; and
c) Damage to, or loss of any Equipment while in the possession or control of the Customer or whilst on the Premises.
8. Termination
8.1 Elite may terminate this Agreement:
a) By giving You 30 days written notice at any time;
b) Immediately, if You fail to pay money to Elite when it is due;
c) Immediately, if You breach any of these Terms or Conditions;
d) Immediately, if You are unable to pay Your debts when they are due or You enter into any arrangement with Your creditors; and
e) Immediately, if You change the location of a site specified in the Agreement to an area not serviced by Elite.
8.2 The Customer may terminate this Agreement:
a) In accordance with 5.3
8.3 If You purport to terminate this Agreement before the conclusion of the Term, then
a) You will pay to Elite damages of 30% of the average monthly charges, multiplied by the number of months left in the current term, plus the costs of bin delivery and retrieval.
If the Service Frequency in the Schedule is shown to be ”on call” or “as required” or the service has not yet completed a full calendar month of servicing when termination notice has been received by Elite, damages will be calculated by multiplying the number of months left in the term by $250.00 and
b) All other reasonable costs incurred by Elite as a result of said termination including (but not limited to) administration costs, bin removal charges, cleaning repairs or replacement charges, and any charges incurred relating to the recovery of outstanding monies.
8.4 The amount set out in clause 8.3 for the calculation of damages is agreed by both Elite and the customer to result in a genuine pre-estimate of damages and is therefore not a penalty at Law.
9. Equipment Hire and Use
9.1 Any Equipment hired or provided to You (the “Equipment”) must be properly used only for its intended purpose.
9.2 You agree the Equipment is in Your care and control and appropriately insured.
9.3 You Indemnify Elite against:
a) The loss of or damage to the Equipment (other than fair wear and tear); and
b) Any claim, loss, liability, cost or expense (including legal costs) made against Elite or incurred by Elite in relation to the Equipment.
9.4 The Customer will be responsible for any damage, theft, loss or destruction of the Equipment, excepting normal wear and tear.
9.5 You must report any Equipment damage or malfunctions to Elite immediately.
9.6 You must report any changes to site or to the surrounding area that could impact Elite ability to safely provide services.
9.7 You must comply with all statutory requirements in relation to the Equipment.
9.8 You must not use any mechanical means to compact material in the Equipment or alter or amend the Equipment without Our prior consent in writing.
9.9 You acknowledge that damaged, overloaded or overweight bins represent a health and safety issue and as such, may not be emptied if unsafe to do so, until damage has been rectified and any excess has been offloaded.
9.10 You undertake only to place bins for emptying in the safe lifting location identified in the Elite risk assessment.
9.11 You warrant that the surfaces on site are engineered to a standard that enables waste vehicles to safely transit them without damage to said surfaces or vehicles and acknowledge that Elite will not be liable for damages to said surfaces, except in instances of gross negligence by Elite or their contractors.
10. Force Majeure
Elite is excused from performing its obligations while any circumstance or condition beyond its control prevents Elite from doing so. This clause does not however extend to the payment of money owing by You to Elite under these Terms and Conditions.
11. Warranties and Liability
11.1 Except as expressly stated in this Agreement, any term, condition or warranty expressed or implied by statute or otherwise in relation to the Services and/or this Agreement is excluded to the full extent permitted by Law.
11.2 Nothing in this Agreement excludes, restricts, or modifies the Application of the Competition and Consumer Act 2010 (Cth), as amended, consolidated, supplemented or replaced.
11.3 To the full extent permitted by Law, Elite liability arising under or in connection with this agreement is limited to Elite option to the re-supply of Services or payment of the cost of re-supplying the Services by a third party.
11.4 To the full extent permitted by Law, Elite is not liable for any indirect or consequential losses, expenses, loss of turnover, profits, business or goodwill or any liability to any other party suffered by the Customer or any third party, however caused.
12. General
12.1 If any term of these Terms is held invalid or unenforceable, that term is to be regarded as omitted and the rest of the rights and obligations will continue to apply.
12.2 Any delay with Elite enforcing its rights and remedies is not a waiver of them and will not prejudice any available right or remedy.
12.3 These Terms will be governed by the Law of the state or territory where it is signed.
12.4 The representations, warranties and Indemnities contained in these Terms and Conditions survive:
a) Its expiration or termination;
b) The discharge of any other obligations owed either to Elite or to the other party; and
c) Any transfer of title of Your premises.
12.5 If the customer changes address this contract will remain in effect at the new address. All installation costs at the new site, if applicable, are to be paid by the customer.