Terms of Service

1. Definitions

a. In these Terms of Service:

i. “Agreement” means the contract for the provision of Services by SWM to the Customer, comprising these Terms of Service and the Application for Credit, Credit Card Authorisation or rate card to which these Terms of Service are attached;

ii. “Bin(s)” means the waste skip bins SWM provides to the Customer;

iii. “Charges” means the fees, charges and additional charges charged by SWM to the Customer for the Services, based on the Rates Schedule;

iv. “Claim” means a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgement, award, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise;

v. “Consequential Loss” means any indirect loss (including, without limitation, loss of production, use, profit, anticipated profit, revenue or contract, damage to goodwill, reputation or share price, failure to realise anticipated savings, or liability under other agreements or liability to third parties);

vi. “Customer” means the party named as the customer in the Application for Credit, Credit Card Authorisation or rate card to which these Terms of Service are attached, or on any quotation, work authorisation, invoice or other form provided by SWM to the Customer, as well as any person acting on behalf of and with the authority of that party;

vii. “Equipment” means any equipment supplied or utilised by SWM in performing the Services and includes Bin(s), vehicles and, where applicable, portable toilets;

viii. “GST” means any goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;

ix. “Loss” means all liabilities, losses, damages, costs, interest, fees, penalties, fines, assessments, forfeiture and expenses of whatsoever description (whether actual, contingent or prospective) including Consequential Loss;

x. “Non-Accepted Waste” means:

fire extinguishers, oil heaters, gas bottles and aerosol cans;
liquid waste including but not limited to paints and oils;
chemicals and solvents and empty chemical or solvent containers;
chrystalline silica (also known as silica dust or concrete dust);
asbestos or items containing asbestos, unless SWM has agreed to collect asbestos and waste containing asbestos in Bins specifically provided for this purpose;
batteries, sharps, tyres and mattresses;
food waste and other perishable goods;
medical waste;
noxious weeds and tree stumps;
any waste which is combustible, corrosive, contaminated, toxic, reactive, radioactive, volatile, highly flammable, or explosive; and
any other waste not approved by SWM for disposal in the Bin(s) from time to time.

xi. “Rates Schedule” means the schedules of rates and additional charges published and updated by SWM from time to time;

xii. “Services” means:

the provision of Bins to the Customer by SWM, SWM’s collection and disposal of waste placed in the Bins and end-of-contract removal of the Bins; and
where applicable, the provision of portable toilets to the Customer by SWM, SWM’s servicing of the portable toilets and end-of-contract removal of the portable toilets.

xiii. “Site” means the location specified by the Customer for the location of the Bin(s) and the performance of the Services;

xiv. “SWM” means Saunders Waste Management Pty Ltd (ABN 25 646 227 689) of 25 Harris Road, Pinkeba, Queensland;

xv. “Waste” means the waste types required by the Customer and approved by SWM for disposal in the Bin(s).

2. Application of Terms

a. The Customer agrees that these Terms of Service apply in addition to any terms or conditions presented by the Customer and accepted (or deemed to be accepted) by SWM (“Customer Terms”); provided that to the extent of any inconsistency between these Terms of Service and the Customer Terms, these Terms of Service will prevail.

3. Performance of Services – Bins

a. SWM will not commence the Services until an acceptance has been received from the Customer by email, signed quote or signed purchase order.

Bin Placement and Replacement

b. SWM will deliver the Bin(s) to the Site within a reasonable time.

c. 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 (such as but not limited to a Council, body corporate or strata manager), SWM may refuse to complete delivery of the Bin(s) if it is not satisfied that the Customer has permission to place the Bin(s) at that site or location. The Customer is solely responsible for obtaining third party permission in those circumstances.

d. If a customer requests that the Bin(s) be placed on the road, that is at the Customer’s own risk and any fines from a third party will be passed on to and payable by the Customer on demand by SWM.

e. 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.

f. A Bin’s placement, loading, unloading and pick-up by SWM are done under the Customer’s direct orders and control. In light of this the Customer agrees to the exclusion of liability of SWM and to giving the indemnities set out in clause 7.

g. SWM may at any time in its discretion replace the Bin(s) with an equivalent sized Bin(s).

Waste Removal

h. The Customer irrevocably directs SWM to perform the Services at the frequency agreed between SWM and the Customer, subject to clauses 3i to k, r and t below.

i. The Customer may, by providing reasonable notice to SWM, amend the frequency for the performance of the Services, provided that the frequency of the Services cannot be reduced to less than once every four (4) weeks.

j. SWM will use all reasonable endeavours to perform the Services at the agreed frequency or otherwise at the agreed times but will not be liable for any Loss suffered by the Customer and the Customer may not bring any Claim against SWM in respect of such Loss, where performance at the agreed frequency is prevented or hindered by a cause that is beyond the reasonable control of SWM (including but not limited to natural disaster or industrial action).

k. If SWM is unable to perform the Services at the agreed frequency or otherwise at the agreed times, SWM will perform the Services within a reasonable time afterwards.

Address for Services

l. 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 Services and has a regular scheduled run, by providing SWM with 48 hours’ notice of the change of address.

m. If the Customer changes its address in this way, the Customer will be liable to pay SWM’s costs, fees and expenses to transport and install the Bin(s) and Equipment at the new address and this Agreement will remain in effect at the new address.

SWM’s Bins and Equipment

n. The Customer acknowledges that SWM’s Bin(s) and Equipment always remain SWM’S property.

o. SWM reserves the right not to empty any Bin(s) that are not provided by SWM.

Recycling

p. Reports: SWM will make monthly recycling reports available to the Customer on request, subject to the Customer paying an additional charge specified in the Rates Schedule.

q. Centres: Once waste materials are received and a weighbridge ticket is issued at a recycling centre, the waste material type is final and the Customer may not dispute the classification in the weighbridge ticket. If the ticket indicates that there is any Non-Accepted Waste in the relevant Bin(s), the Customer is liable for additional charges payable in terms of the Rates Schedule.

Operating Hours

r. Truck operations run between 6:00am – 5:00pm Monday to Friday, and 6:00am – 12:00pm on Saturdays, subject to change by SWM in its absolute discretion. SWM will, in its absolute discretion, not have to perform the Services on weekends or public holidays. SWM will only perform Services on weekends or public holidays by special arrangement with the Customer and subject to additional charges set out in the Rates Schedule.

s. Bookings can be made with SWM during the office hours set out on the Rates Schedule.

Grounds for Non-Performance

t. SWM will, in its absolute discretion, not have to perform the Services if:

SWM cannot access the Site safely;
SWM does not generally provide Services to the area in which the Site is located;
there is insufficient space on Site for SWM to perform the Services;
the Customer has moved the Bin(s) from the original drop location at the Site without SWM’s prior approval;
the Bin(s) appears overweight;
the Bin(s) appears damaged or broken;
the Bin(s) has been filled unevenly;
the Customer has not paid the Charges;
the Customer is in breach of this Agreement, including but not limited to non-payment of Charges;
as contemplated in clause 3j, SWM is prevented or hindered from performing the Services by a cause that is beyond the reasonable control of SWM (including but not limited to industrial action or natural disaster).

4. Performance of Services – Toilet Hire

a. SWM will deliver and remove portable toilets to the locations on Site and at the times agreed with the Customer.

b. Servicing of a portable toilet includes interior cleaning, pumping, refill of toilet and replacement of all consumables.

c. The customer must ensure toilets are always accessible for servicing by SWM.

d. The delivery and removal of a portable toilet will be charged at the time of the toilet being delivered or removed.

e. Charges for weekly or fortnightly servicing are invoiced monthly.

5. Charges

a. 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.

b. Charges are exclusive of GST. 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).

c. Charges specified in the Rates Schedule for a Bin are for one receptable.

d. As indicated on the Rates Schedule, Charges are payable for:

initial delivery of the Bins to the Site;
removal of the Bins from the Site at the conclusion of the contract for Services (referred to as an “off-hire fee”);
waste removal;
weekly or fortnightly servicing; and
occurrences and items which trigger additional charges.

e. As noted on the Rates Schedule, an asbestos re-load fee applies if asbestos or suspected AC material is found in a Bin which is not specifically provided for asbestos removal. The relevant Bin will either be returned to the Site or taken to an appropriate landfill for the whole load to be disposed of. The increased disposal charge will be passed on.

f. To the maximum extent permitted by law:

SWM may increase its Charges from time to time in its absolute discretion to cover SWM’s increased costs, including but not limited to:
1. increased operation costs as informed by the Consumer Price Index, Australia published by the Australian Bureau of Statistics;
2. changes to disposal facility locations;
3. increases to Queensland Government waste levies;
4. increased government disposal fees or charges;
5. increased private waste disposal fees or charges;
6. increased taxes, government charges and/or levies;
7. the introduction of new taxes, government charges, fees and/or levies,
by providing the Customer with written notice of such increase to its Charges (“Charge Notice”).
If Charges are increased under clause 5.f.i, the new Charges (as set out in the “Charge Notice”) will be deemed to have been accepted by the Customer and will become effective on the earlier of forty-five (45) days after the date that SWM delivers the Charge Notice to the Customer and any date agreed in writing by SWM and 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.

6. Customer Obligations

a. 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;
not move the Bin(s) from the original drop location at the Site except using methods approved by SWM;
not deface or otherwise damage the Bin(s), or allow the Bin(s) to be defaced or otherwise damaged;
inform SWM if the Bin(s) is/are damaged, in dangerous condition or in need of repair;
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;
comply with all reasonable directions given by SWM; and
at its own expense, obtain all consents and approvals which the Customer is required to have and comply with all laws relating to the Services and to the disposal of Waste by SWM, which apply to the Customer.

Exclusivity

b. The Customer grants 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.

Ground Surface

c. 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).

d. The Customer agrees to advise SWM of the existence of any pipe, pit, cover or underground services which could be damaged while performing the Services.

Weight and Loading

e. SWM recognises the NTC Load Restraint Guide 2004 and the Work Health & Safety Act and Regulation 2011 about bin weights and safe working loads.

f. The Customer acknowledges and agrees that the weight of the Waste deposited in each Bin must not exceed the allowable weight indicated on the Rates Schedule, SWM’s Website and/or quotation.

g. Where no allowable weight is specified, the Customer acknowledges and agrees that the weight of the Waste deposited in each Bin must not exceed 100 kilograms per cubic metre (“Allowable Weight”). SWM may in its absolute discretion refuse to collect the Bin(s) if it is not within the Allowable Weight.

h. Alternatively, if SWM elects to collect any Bin in excess of the Allowable Weight (“Overweight Bin”), SWM may charge and the Customer must pay an additional charge for the collection of the Overweight Bin(s) as set out in the Rates Schedule.

i. 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).

j. SWM may in its absolute discretion refuse to collect a Bin which is overloaded or not correctly loaded in terms of legislation, QLD Roads, industry guidelines or SWM company policies. If SWM elects to collect any Bin which has been overloaded or loaded incorrectly, SWM may charge and the Customer must pay an additional charge for the adjustment of the loading by SWM, as set out in the Rates Schedule.

Waste

k. 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).

l. 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 or Bin containing Non-Accepted Waste and charge the Customer an additional fee for the transport and disposal of the Non-Accepted Waste.

m. If the Customer needs Non-Accepted Waste collected, the Customer must contact SWM to arrange a special collection.

n. Subject to clause 6o, all Waste becomes SWM’s property once the Waste has been collected by SWM.

o. 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.

7. Liability and Indemnity

Limitation of Liability

a. To the maximum extent permitted by law:

SWM will not be liable to the Customer for any Consequential Loss;
SWM’s liability to the Customer will be limited, at SWM’s discretion, to either:
1. SWM re-supplying of the Services; or
2. SWM paying the Customer the cost of the Services being supplied again to the Customer by a similar provider;
SWM will not be liable in respect of:
1. damage to any driveway, pavement, path, kerbing or other surface;
2. damage to any pipe, pit, cover or underground services;
3. damage to any other property;
4. injury or harm to any person; or
5. death of any person,
resulting from SWM performing the Services under the Customer’s orders and control, or resulting from the Customer (or a person acting with the Customer’s permission) moving any Bin or other Equipment in any manner whatsoever, or resulting from any person’s use or operation of any Bin or other Equipment under the direction or with the permission of the Customer.

Indemnities by the Customer

b. To the maximum extent permitted by law:

the Customer indemnifies SWM for any Claim or Loss in relation to bins or other equipment not supplied by SWM;
the Customer indemnifies SWM for any Claim or Loss relating to a Bin or other Equipment caused by the Customer or people associated with the Customer such as employees, contractors or the Customer’s clients;
the Customer indemnifies SWM for any Claim or Loss arising out of any breach by the Customer of any of the terms, warranties, covenants or conditions of this Agreement;
the Customer indemnifies SWM for any Claim or Loss in respect of:
1. damage to any driveway, pavement, path, kerbing or other surface;
2. damage to any pipe, pit, cover or underground services;
3. damage to any other property;
4. injury or harm to any person; or
5. death of any person,
resulting from SWM performing the Services under the Customer’s orders and control, or resulting from the Customer (or a person acting with the Customer’s permission) moving any Bin or other Equipment in any manner whatsoever, or resulting from any person’s use or operation of any Bin or other Equipment under the direction of the Customer or with the permission of the Customer.

provided that the Customer’s liability to indemnify SWM is reduced proportionally to the extent that an act or omission by SWM contributed to the Claim or Loss in question.

8. Privacy

a. 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.

9. General Terms

a. 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).

b. 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.

c. Subject to clause 2, this Agreement contains the entirety of the Agreement between SWM and the Customer and supersedes any previous Agreement or statement.

d. 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.

e. 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.

f. 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.

g. 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 9g do not include changes to the Charges, which are the subject of clause 5.f.

Terms & Conditions