Terms & Conditions

1. Parties
   • This Agreement is made between SWM and the Customer.
2. Agreement
   • SWM will perform the Services set out in this Agreement.
3. Charge and Payment
   • The Customer must pay SWM the Charges for the Services (including any additional or other charges charged to the Customer in accordance with this Agreement) by the due date specified in the relevant invoice and/or quotation.
   • The Charges for the Services include all taxes, levies and GST, unless otherwise stated. The Charges for the Services and all other amounts payable in accordance with this Agreement are inclusive of GST, unless otherwise stated. Where SWM makes a taxable supply to the Customer and the consideration for that supply does not expressly include GST, the Customer must also pay SWM an amount equal to the GST payable by SWM. The Customer must pay the GST amount when the Customer is liable to provide SWM with consideration. This obligation survives completion or termination of the Agreement (for whatever reason).
   • The Charges for Services are quoted on the basis of a regular scheduled run. If the Customer requires a pickup at a time that does not fit a scheduled run or at a time other than in accordance with clause 5 of this Agreement, additional charges may be charged to the Customer subject to SWM providing prior notice to the Customer of such additional Charges.
   • SWM may increase its Charges from time to time in its absolute discretion (for such reasons including, but not limited to, increased operation costs, changes in disposal fees, changes to disposal facility locations, increased government charges, taxes and/or levies, the introduction of new taxes, government charges and/or levies and changes in the Customer’s address in accordance with clause 9 of this Agreement), by providing the Customer with written notice of such increase to its Charges (Charge Notice).
   • If Charges are increased under clause 4, the new Charges (as set out in the Charge Notice) will be deemed to have been accepted by the Customer and will become effective forty-five (45) days after the date that SWM delivers the Charge Notice to the Customer, unless the Customer elects to terminate this Agreement by delivering written notice to SWM (Charge Termination Notice) before the increased Charges become effective. If a Charge Termination Notice is delivered to the Customer in accordance with this clause 3.5, the increase in Charges contemplated by the Charge Notice will not take effect in relation to this Agreement and this Agreement will terminate on the date that is sixty (60) days after the date that SWM delivered the relevant Charge Notice to the Customer.
   • The Customer acknowledges that the Services may be suspended by SWM if payment is not received or the Customer is otherwise in arrears of its payment obligations under this Agreement.
   • In addition to the Charges for the Services, additional charges may be applied and charged to the Customer at SWM’s reasonable discretion:
     • for any changes to this Agreement, including (without limitation):
       • changes in the nature, type, weight or density of the Waste;
       • changes in the Site or access to the Site which cause SWM to incur additional expense;
     • the removal of Non-Accepted Waste; or
     • the delivery and collection of any Bin(s) to and from the Site during the Term.
4. Performance of Services
   • SWM will, in its absolute discretion, not have to perform the Services on weekends or public holidays or for any of the following reasons; if SWM cannot access the Site safely, if SWM does not provide Services to the area in which the Customer’s Site is located, if there is insufficient space on Site for SWM to perform the Services, if the Customer has moved the Bin(s) from the original drop location at the Site without prior approval, if the Bin(s) appears overweight, if the Bin(s) appears damaged or broken, if the Bin(s) has been filled unevenly, if the Customer has not paid the Charges, if the Customer is in breach of this Agreement or if SWM is prevented from performing the Services by circumstances beyond SWM’s reasonable control (including, but not limited to, natural disaster or industrial action).
5. Collection Notification and Minimum Service
   • Subject to clause 5.2 below, the Customer irrevocably directs SWM to perform the Services on the frequency agreed on the days determined by SWM from time to time in its discretion.
   • The Customer may, by providing reasonable notice to SWM, amend the frequency for the performance of the Service provided that the frequency of the Service as nominated by the Customer will not be less than once every four (4) weeks.
   • SWM will use all reasonable endeavours to perform the Services on the frequency agreed in accordance with this Agreement but accepts no liability where such performance is prevented, hindered or for some other reason does not occur by a cause that is beyond the reasonable control of SWM.

• If SWM is unable to perform the Service at an agreed time, SWM agrees to perform that Service within a reasonable time thereafter.

6. Cancellation and Termination
   • SWM may terminate the Agreement immediately by giving notice to the Customer if:
     • the Customer is in breach of this Agreement, and such breach is either incapable of being remedied or has not been remedied within seven (7) days of SWM giving the Customer written notice of that breach;
     • the Customer fails to make the required payments or the Customer is otherwise in arrears of its payment obligations in accordance with this Agreement after SWM has requested payment of such outstanding amounts within seven (7) days;
     • in SWM’s opinion the Bin(s) is/are being used for a purpose contrary to law or this Agreement, and the Customer fails to remedy the purpose within seven (7) days of SWM giving the Customer a written notice demanding that the Customer’s use of the Bin(s) be changed; or
     • SWM has received notice that the Bin(s) has/have been placed on a Site without the Customer having first obtained appropriate permission in accordance with clause 14.3 of this Agreement, and the Customer has failed to obtain the necessary permission within seven (7) days of SWM giving the Customer written notice of that breach.
   • In the event of termination of the Agreement in accordance with clause 6.1, SWM may retrieve its Equipment at any time from the Customer’s Site.
   • The Customer may terminate this Agreement:
     • immediately by giving written notice to SWM if SWM is in breach of a fundamental term of this Agreement; or
     • if permitted by 3.5 or 18.7 of this Agreement.
   • If:
     • the Customer attempts to terminate this Agreement other than in accordance with the provisions of clause 6.3 of this Agreement or otherwise repudiates this Agreement; or
     • SWM terminates this Agreement for any of the reasons contemplated by clause 6.1 of this Agreement, SWM will be entitled to early termination fees calculated, in addition to any outstanding amounts on the account for:
       • The cost of picking up the Bin(s), especially on short notice (e.g. transport, fuel, driver cost)
       • Cost of clean, service and regular maintenance of Bin(s) for safe use by another customer
       • Incremental administrative cost in the early closure of the account; and
       • Foregone earnings for discounts provided to the Customer by SWM in entering into this Contract.
     • The early termination fees in clause 6.4 are agreed by both parties to be a genuine pre-estimate of SWM’s damages and are therefore not a penalty at law.
     • On termination of this Agreement by either party, all Charges that are outstanding and have not yet been paid by the Customer to SWM will become immediately due and payable.

7. Ownership
   • The Customer acknowledges that SWM’s Bin(s) and Equipment remains SWM’s property at all times.
   • SWM reserves the right not to empty any Bin(s) that are not provided by SWM.
8. Delays – Fees
   • If, through no fault of SWM, the service vehicle is delayed on Site due to either the lack of access to the Bin(s), or for any other reason, a charge of $25.00 plus GST per fifteen (15) minutes of waiting time will apply. This fee shall be charged to the Customer as an additional charge in accordance with this Agreement only if the delay has been caused by an act or omission of the Customer.
9. Change of address
   • The Customer may change the address from where the Services are to be performed under this Agreement to an alternate address within an area where SWM provides the Services and has a regular scheduled run by providing SWM with reasonable notice of the change of address.
   • If the Customer changes its address in accordance with clause 9.1 of this Agreement:
     • the Customer agrees that it shall be liable to pay SWM’s costs, fees and expenses to transport and install the Bin(s) and Equipment at the new address; and
     • the parties agree that this Agreement will remain in effect at the new address.

10. Customer Obligations:
    • The Customer agrees to:
      • not compact waste;
      • maintain the Bin(s) in a sanitary condition;
      • only use the Bin(s) as directed by SWM and at an agreed location;
      • instruct all personnel in the safe and proper use of the Bin(s);
      • not remove the Bin(s) from the Site to which it was delivered, or move the Bin(s) from the original drop location at the Site, without permission;
      • not deface or otherwise damage the Bin(s);
      • reimburse SWM for the costs of repairs for damage to the Bin(s) while in the possession of the Customer except for fair wear and tear;
      • indemnify SWM in respect to all claims, suits, and demands for damages caused directly or indirectly to any person or property (including the Customer) by, or in connection with, the use or operation of Equipment.
      • inform SWM if the Bin(s) is/are damaged, in dangerous condition or in need of repair;
      • grant SWM exclusive rights to the removal from the Site of the types of Waste agreed by the Customer and SWM and the Customer agrees that it will not engage any other party to provide Waste removal services during the term of this Agreement in respect of the same or similar types of Waste. This clause 1(j) does not prevent a Customer from contracting with third parties for waste management services relating to other types of Waste;
      • at its own expense, obtain all required consents and approvals and comply with all laws relating to the Services and to the disposal of Waste by SWM;
      • comply with all reasonable directions given by SWM; and/or
      • ensure that any bin, left unattended in a public place, is adequately covered to avoid material being dislodged, removed or blown out of the bin and
      • indemnify SWM against any legal actions, damages or costs which may occur or be made against SWM arising out of the Customer’s breach of this clause 10.1.

11. Ground Surface
    • The Customer warrants the ground surfaces traversed by SWM vehicles on and at the Site are suitable for the purpose of the delivery and collection of Bin(s) and acknowledges SWM will not be liable for any damages resulting except in case of gross negligence by SWM.
12. Weight
    • The Customer acknowledges and agrees that the weight of the Waste deposited in each Bin shall not exceed the allowable weight indicated on our Website and/or our quotation.
    • Where no allowable weight is specified, the Customer acknowledges and agrees that the weight of the Waste deposited in each Bin shall not exceed 100 kilograms per cubic metre (Allowable Weight). SWM may in its discretion refuse to collect the Bin(s) if it is not within the Allowable Weight.
    • Alternatively, if SWM elects to collect any Bin in excess of the Allowable Weight (Overweight Bin), SWM may charge the Customer a reasonable amount for the collection of the Overweight Bin(s) and the Customer must pay such amount in accordance with clause 3 of this Agreement.
13. Waste
    • The Customer will use the Bin(s) for Waste only and the Customer will not contaminate the Waste with any Non-Accepted Waste or place any Non-Accepted Waste in the Bin(s).
    • SWM will only collect the Waste. If the Waste has been contaminated with Non-Accepted Waste or Non-Accepted Waste has been otherwise placed in the Bin(s), SWM may, at its discretion:
      • not collect the contaminated Waste and ask the Customer to remove the Non-Accepted Waste from the Bin(s);
      • not collect any Bin which contains Non-Accepted Waste; or
      • collect the Non-Accepted Waste and charge the Customer an additional fee for the transport and disposal of the Non-Accepted Waste.
    • Subject to clause 13.6 of this Agreement, all Waste becomes SWM’s property once the Waste has been collected from the Bin(s) by SWM.
    • The Customer will store all Waste securely and evenly spread the Waste inside the Bin(s) and the Customer will not overfill the Bin(s) or place Waste beside or on top of the Bin(s).
    • If the Customer needs Non-Accepted Waste collected, the Customer must contact SWM to arrange a special collection.
    • For the avoidance of doubt, title and risk in any Non-Accepted Waste remains with the Customer until it is deposited to a waste facility that is legally authorised to accept such Non-Accepted Waste.
14. Site
    • SWM will rely on the information the Customer provides in respect of the Site.
    • The Customer must ensure that there is unobstructed and safe access for SWM to perform the Services.
    • The Customer is solely responsible for obtaining permission from the relevant person, entity or authority (i.e. Council, Body Corporate/Strata Manager) if the Bin(s) is to be placed on a communal or public site or other location which in the circumstances requires the permission of a third party.
15. Delivery and removal delay
    • SWM will deliver the Bin(s) to the Site within a reasonable time.
    • If the Customer has requested SWM to place the Bin(s) on a communal or public site or other location which in the circumstances requires the permission of a third party, SWM may refuse to complete delivery of a Bin(s) if it is not satisfied that the Customer has permission to place that Bin(s) at that site or location.
    • SWM may at any time in its discretion replace the Bin(s) with an equivalent sized Bin(s).
16. Liability and Indemnity
    • To the maximum extent permitted by law:
      • the Customer will be responsible for, and indemnifies SWM against, all liabilities, claims, damages, actions, costs and expenses which may be incurred by SWM as a result of or arising out of any breach by the Customer of any of the terms, warranties, covenants or conditions of this Agreement;
      • SWM will not be liable to the Customer as a result of any loss, damage or injury caused or contributed to by any bins or other equipment not supplied by SWM;
      • SWM will not be liable to the Customer for any consequential loss (including loss of use, opportunity, profit, anticipated profit, investment return, business opportunities and damage to goodwill, reputation or share price or failure to realise anticipated savings (whether the loss is direct or indirect)), or loss caused by (or to the extent contributed to by) the Customer or people associated with the Customer such as employees, contractors or the Customer’s clients;
      • the liability of SWM (if any) to the Customer will be limited at SWM’s discretion, to either:
        • SWM re-supplying of the Services; or
        • SWM paying the Customer the cost of the Services being supplied again to the Customer.
      • the Customer will be responsible for any loss or damage to SWM’s property, Equipment or Bin(s) occasioned as a result of or in connection with the performance of the Services; and
      • the Customer will be responsible for any claim or action which may be bought against SWM, its employees or agents in respect of personal injury or death of any person and for any other claims whatsoever made against SWM as a result of or in connection with the performance of the Services.
      • the Customer agrees to indemnify SWM against any liability or claim for damages caused to any driveway, pavement path, kerbing or other surfaces as a result of providing the Services.
      • the Customer agrees to advise SWM of the existence of any pipe, pit, cover or underground services which may be damaged whilst performing the Services and to indemnify SWM against any damages to same during such performance, whether or not such advise was given to SWM.
    • The Customer’s liability to indemnify SWM is reduced proportionally to the extent that an act or omission of the other contributed to the claim, damage, loss, liability, cost or expense.
17. Privacy Act
    • SWM and its related entities are committed to the protection of personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). Information collected as part of entering into, and the performance of, this Agreement will be collected, used and disclosed in accordance with SWM’s privacy policy available at: www.saunderswaste.com.au
18. General
    • SWM may assign or novate its rights and obligations under this Agreement to a related body corporate of SWM without the consent of the Customer. The Customer may not assign or novate its rights and obligations under this Agreement without the prior written consent of SWM (such consent not to be unreasonably withheld).
    • This Agreement is subject to the laws of the State where the Services are provided and the parties submit to the jurisdiction of the courts of that State.
    • This Agreement contains the entirety of the Agreement between SWM and the Customer and supersedes any previous Agreement or statement.
    • Any provision of this Agreement which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of this Agreement.
    • The Customer must not make press or other announcements or releases relating in any way to this Agreement, the Services and/or the dealings the subject of this Agreement without the prior written approval of SWM, which may be withheld at SWM’s discretion.
    • If the person signing this Agreement is doing so on behalf of the Customer which is a corporation or other entity, that person hereby warrants that he/she is duly and legally authorised to execute and enter into this Agreement on behalf of the Customer.

The Customer acknowledges and agrees that this Agreement may be amended from time to time at SWM’s discretion and the amended agreement will have full force and effect between the parties on the thirtieth (30th) day following the provision of written notice of the amended Agreement to the Customer (Amendment Notice), unless the Customer terminates the Agreement within thirty (30) days of being provided an Amendment Notice. The Customer must comply with the amended agreement. The amendments to this Agreement contemplated by this clause 18.7 to not include changes to the Charges, which are the subject of clause 3.

• In this Agreement, the following words have the following meaning:
  • Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  • SWM means Saunders Waste Management Pty Ltd (ABN 25 646 227 689);
  • Bin or Bin(s) means the waste skip bins SWM provides to the Customer;
  • Charges means the fees, charges and additional charges that are paid to, or are due to SWM in accordance with this Agreement;
  • Customer means the party named as the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorization, invoice or other form as provided by SWM to the Customer;
  • Equipment means any equipment supplied or utilised by SWM in performing the Services and includes Bin(s) and vehicles;
  • Non-Accepted Waste means any waste which is combustible, corrosive, contaminated, toxic, reactive, radioactive, volatile, highly flammable, or explosive, and includes sharps, empty chemical containers, food, perishable goods, paint, oils, chemicals, solvent, asbestos, batteries, gas bottles, tyres, mattresses or other waste not approved by SWM for disposal in the Bin(s)
  • Service(s) means the collection and disposal of the Waste placed in the Bin(s);
  • Site means the location specified by the Customer for the location of the Bin(s) and the performance of the Services.
  • Waste means the waste types (excluding Non-Accepted Waste) required by the Customer and approved by SWM for disposal in the Bin(s).