Credit Limit means the maximum amount of Services the Customer can obtain from the Provider without payment (except for any deposit referred to in this agreement) following which all monies outstanding by the Customer to the Provider become immediately due and payable.
Deposit means the sum of money payable upfront by the Customer to the Provider prior to the Provider providing any Services which shall be deducted from the total costs of the Services billed to the Customer by the Provider.
Proposal means any document headed "Proposal", “Order”, “Quote”, or similar setting out the scope of the Services to be provided by the Provider to the Customer and accepted by the parties, including any email or handwritten note and/or any verbal Proposal.
Total Price means the total price depicted in the Proposal including but not limited to any GST, costs, expenses, labour and material costs.
Services means the goods and/or services provided by the Provider to the Customer under this agreement and/or as set out in the relevant Proposal and/or as directed to the Provider by the Customer verbally or otherwise.
The Customer hereby engages the Provider on a non-exclusive basis to provide the Services to the Customer, and the Provider hereby accepts that engagement and agrees to provide the Services to the Customer, in accordance with the terms of this agreement and the Proposal.
The Customer agrees that it must submit its requirements for a Proposal/s in writing to the Provider and said Proposal/s shall be prepared by the Provider and provided to the Customer to the intent that the Provider shall not commence providing the Services until the Proposal is agreed to by the Customer in the manner set out in this agreement.
In respect of each individual engagement for the Provider to provide Services to the Customer under this agreement, the Provider must first accept the Proposal in writing, verbally or otherwise. The Provider’s obligation to provide the Services that are the subject of any Proposal do not arise unless and until the Provider accepts the Proposal. Any alterations to a Proposal submitted by a Customer to the Provider must be evidenced in writing.
The parties agree that the Total Price for the Services will be set out in the Proposal and/or as otherwise advised in writing by the Provider and accepted by the Customer. In the event of any inconsistency as to the Total Price between a Proposal and any other notice from the Provider, the Proposal shall prevail.
The Provider has the right to increase the Total Price if the Provider’s costs of providing the Services increase after the execution of this agreement and/or the Proposal limited to a sum commensurate with the Provider’s actual costs increase.
The Provider has the right to request a variation to the pricing should any Authority or Law changes occur, which are beyond the control of the Provider, impacting the cost of receiving, handling, processing, or disposing of the Material or products produced. If such a variation is not accepted by the Customer, the Provider may terminate this Agreement
The Customer must pay to the Provider the Total Price and/or any part thereof on or before the date that is set out in the Summary or on any other date/s set out in the Proposal. In the event of any inconsistency in this regard between this agreement and the Proposal the earlier of each of the relevant dates shall prevail.
The Provider reserves the right to immediately stop providing the Services in the event that any sum payable by the Customer under this agreement and/or the Proposal is not paid on time.
All amounts payable under or in connection with this agreement must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under this agreement (unless otherwise required by law).
If the Customer fails to pay any sum payable by it under this agreement on time it must pay interest on that sum from the due date of the payment until that sum is paid in full at a rate of 10% per annum, calculated daily on the basis of a 365-day year and compounded monthly. Interest will accrue from day to day and will be payable on demand.
For the purpose of this agreement the term “bin” refers to any skip bin or other receptable provided by the Provider in delivering the Services to the Customer.
In the event that the density of the products disposed of by Macleans Waste that is 0.2 per cubic metre or greater, the Provider reserves the right to on-charge any increased tipping fee to the Customer in full.
In the event that the Customer obtains a Service from the Provider that is not expressly set out in the Proposal (Out-of-Scope Services) but is referred to in a document titled “Price List” on the Provider’s website or any variant thereof, then the Customer agrees that the price for the Out-of-Scope Service depicted therein shall be the price payable by the Customer to the Provider.
If the Customer requires any Out-of-Scope Services the cost of which cannot be determined in accordance with clause 12 then the Customer must enter into an additional Proposal with the Provider setting out the terms and conditions including the Total Price of said Out-of-Scope Services.
The Provider does not and cannot in any circumstances accept asbestos or asbestos contaminated material as it is not licensed to do so. The Customer acknowledges and agrees that it must not dispose of or store any asbestos or asbestos contaminated material provided by the Provider to the Customer. The Customer acknowledges and agrees that should the Provider discover the presence of asbestos or asbestos contaminated material on site provided by the Provider to the Customer, the Provider shall be at liberty to lawfully dispose of all contaminated material (including by engaging an appropriately qualified third party to do so), the cost of which shall be added to the Customer’s invoice and payable in full by the Customer to the Provider without limitation (notwithstanding any claim or assertion by the Customer that said material came to be present on site by the act of a third-party).
The Customer acknowledges and agrees that it must not dispose of or store landscaping material, driveway material, soil and/or fill, contaminated material (including but not limited to asbestos), rectification works material (demolition material), and/or plasterboard (Prohibited Material) in any bin provided to the Customer by the Provider. The Customer acknowledges and agrees that should the Provider discover any Prohibited Material in the bin provided by the Provider to the Customer, the Provider shall be at liberty to lawfully dispose of said material, the cost of which shall be added to the Customer’s invoice and payable in full by the Customer to the Provider without limitation (notwithstanding any claim or assertion by the Customer that said Prohibited Material came to be present in the bin by the act of a third-party).
The Customer acknowledges and agrees that any bin provided by the Provider is the responsibility of the Customer from the time of delivery until the bin is collected by the Provider, including if said bin is subject to third party interference, including but not limited to vandalism and/or the disposal of any item including asbestos and/or Prohibited Material therein. The Customer is solely responsible for securing the site at which the bin is delivered and stored and shall pay to the Provider on demand the costs of remedying any damage to any bin or other property of the Provider that occurs between delivery and pickup.
The Customer acknowledges and agrees that site access is the sole responsibility of the Customer to the intent that the Customer must ensure that appropriate access is provided to the Provider, including the provision of traffic control if necessary, and the tiger tailing of powerlines at the relevant site at the sole cost of the Customer and that the Provider reserves the right to refuse to provide the Services in the event that the Provider determines in its own discretion that it is unsafe to do so.
The Customer acknowledges and agrees that the delivery location of any bin provided by the Provider is determined by and is the sole responsibility of the Customer to the intent that in the event that any bin is placed, stored, moved, or otherwise situated in an illegal location, then the Customer shall be solely responsible for same, including any enforcement action, fine, infringement notice, or other consequence thereof.
The Customer acknowledges and agrees that the Provider will collect any bin from the relevant site for tipping only upon notice in writing from the Customer that said collection is required. In the event that the Provider attends the relevant site to collect the bin and discovers that it does not yet require disposal (for example, because it is not yet full), the Provider reserves the right to leave the bin on site and the Customer will be charged the equivalent of a tipping fee on account of the Provider’s costs in attending the site notwithstanding that the bin is not collected. The Customer must only direct collection of any bin once it is full or no longer needed at the relevant site.
The Customer acknowledges that the Provider’s core hours of operation are from Monday to Friday between the hours of 7:00 a.m. and 3:00 p.m., and that the Provider is not obliged to provide the Services outside these core hours other than at the sole discretion of the Provider.
The Customer acknowledges and agrees that the maximum amount of bins that the Provider is required to provide at any one site at any one time is two (2) and the requirement for additional bins at any site will attract additional charges.
Any Proposal provided by the Provider to the Customer shall remain open and capable of acceptance for a period of thirty (30) days from the date of issue, after which it will expire.
If a Proposal sets out that the Provider is to be the exclusive provider of Services to the Customer then the Provider must provide the Customer with preferential pricing at a reduced rate to the Provider’s usual fees and charges (which preferential pricing shall be determined at the sole discretion of the Provider). The Provider reserves the right to offer exclusive Services to the Customer at the Provider’s sole discretion. The Customer acknowledges and agrees that the preferential pricing referred to herein is provided in return for the Customer agreeing to engage the Provider exclusively in relation to the Services. If the Customer breaches this obligation then the Customer must immediately pay to the Provider the difference between the preferential pricing and the Provider’s usual fees and charges in relation to all engagements under which said preferential pricing was afforded to the Customer on demand. Nothing in this clause shall limit the Provider’s other remedies at law in relation to a breach of this clause or any other part of this agreement including any claim for damages.
If the Customer is a corporate entity (company), in consideration of the Provider entering into this agreement with the Customer, the Guarantor as is evidenced by their execution hereof, guarantees the performance by the Customer of all of the Customer’s obligations under this agreement and indemnifies the Provider against any cost or loss whatsoever arising as a result of the default by the Customer in performing its obligations under this agreement for whatever reason. The Provider may seek to recover any loss from the Guarantor before seeking recovery from the Customer and any settlement or compromise with the Customer will not release the Guarantor from the obligation to pay any balance that may be owing to the Provider. This guarantee is binding on the Guarantor, their executors, administrators and assigns and the benefit of the guarantee is available to any assignee of the benefit of this agreement by the Provider.
The provisions of this agreement and/or the Proposal are confidential and must not be disclosed by the Customer to any third party other than the Customer’s legal representative or accountant or as compelled by law. The Provider and the Customer must not engage in any conduct that may have the effect of disparaging the other. The Customer must not solicit or attempt to solicit any employee, contractor, supplier, representative or other business affiliate of the Provider to the detriment of the Provider.
To the maximum extent permitted by law, the Provider expressly disclaims all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Without limitation to the foregoing, the Provider makes no representation, and provides no warranty or guarantee that the Customer will achieve any particular results from the provision of the Services.
To the maximum extent permitted by law, the Provider expressly excludes liability for any damage and/or delay in the performance of any obligation of the Provider under this agreement where such damage or delay is caused by circumstances beyond the reasonable control of the Provider and the Provider shall be entitled to a reasonable extension of time for the performance of such obligations, and the Customer acknowledges and agrees that the Provider holds the benefit of this clause for the Provider alone.
The Customer may terminate this agreement due to a breach hereof by the Provider by giving at least seven (7) days’ notice to the Provider. The Provider may terminate this agreement due to a breach hereof by the Customer by giving at least one (1) days’ notice to the Customer. If the Customer terminates this agreement in any circumstances and for any reason whatsoever the Customer will remain liable to pay all costs and charges associated with the Services accrued up to and including the date of termination plus the balance of the Total Price whether or not invoiced prior to the date of termination within three (3) business days’ of the Provider providing a final invoice in relation to same.
This document may be delivered and/or received in electronic form and may be executed and/or accepted and/or agreed to by physical signature, email, verbally or by any other means. The absence of a physical signature and/or a hard copy of this document shall not be evidence that said document is not on foot and agreed between the parties.
If the Customer makes any application for credit to the Provider and the Provider approves said application (which shall be at the sole discretion of the Provider) then this agreement shall apply including but not limited to the following terms and conditions:
The applicant and/or recipient of any credit shall be the Customer.
The Guarantors obligations pursuant to clause 23 of this agreement shall apply to any credit arrangements between the Provider and the Customer.
The Customer and/or the Guarantor expressly authorise the Provider to seek from any credit reporting agency a credit report which may contain personal information to assist the Provider in determining whether or not to approve any credit application.
The Customer and the Guarantor must at all times be solvent, able to meet their financial obligations and pay its accounts as and when they fall due and must promptly notify the Provider in relation to any event of insolvency.
All accounts issued by the Provider must be paid in full within 30 days.
If the Customer defaults on a payment, then all amounts outstanding to the Provider shall immediately become due and payable.
The Provider is entitled to charge and the Customer agrees to pay interest at 10% per month, compounding daily on all amounts not paid by the due date.
The Provider will be entitled to recover from the Customer all reasonable expenses, costs, disbursements, debt recovery and legal fees incurred by the Provider as a result of any amounts not paid by the due date.
The Provider is entitled to immediately cease to supply Services on credit in the event of the Customer defaulting on any of these terms and conditions.
The Provider will set a maximum credit limit available to the Customer and has the right to change that limit from time to time.
If any of these terms or conditions is void or unenforceable, it is severed and the provisions that are not void or unenforceable are unaffected by the severance.
The Provider may in its absolute discretion require security or additional security and shall be entitled to withhold supply or cancel credit arrangements until such security or additional security is provided.
The Customer, the Guarantor and their directors consent to the Provider disclosing personal information about them and their directors to a credit reporting agency in order to assess the Customer’s credit history. The information which may be given to an agency is referred to in the Privacy Act 1988 (Cth) and includes: particulars to identify the applicant; the fact that the applicant has applied for credit and the amount; the fact that the Provider is a credit provider to the applicant; payments which become overdue more than 60 days, advice that payments are no longer overdue; cheques of $100 or more drawn by the applicant which a bank has dishonoured more than once; in specified circumstances, that in the opinion of the Provider, the applicant has committed a serious credit infringement; that the credit provided to the applicant by the Provider has been discharged. For the purposes of this clause “applicant” includes the Customer and the Guarantor.
The Provider may vary these terms by giving 7 days’ notice in writing to the Customer.
If the Customer provides the Provider with credit card details the Customer expressly authorises the Provider to deduct payment of any sum payable by the Customer to the Provider from said credit card independently of the Customer including in the Customer’s absence.
Any credit application and the terms and conditions of credit are subject to the laws in New South Wales.
The Customer acknowledges and agrees that the Provider is permitted to report any non-payment by the Customer of any sum of money under this agreement to any credit reporting agency at the sole discretion of the Provider.