WASTEOLOGY

STANDARD TERMS AND CONDITIONS


  1. Application

    1. These Terms and Conditions (Terms) will apply to any supply of Services by Wasteology to the Customer unless otherwise indicated in writing by Wasteology prior to the provision of the Services.

  2. Definitions

    1. In these Terms:

Appropriate Dispute Resolution has the meaning defined in the Civil Procedure Act 2010 (Vic) which, for the avoidance of doubt, shall apply as if a civil proceeding, for the purposes of that Act, were on foot;

Bin(s) means the container(s) Wasteology provides or arranges for use by the Customer in the course of providing the Services the type, size and nature of which may be described in the Quote Form or be otherwise agreed between Wasteology and the Customer from time to time;

Change Request means a request by the Customer to change the level and/or type of Services to be provided to the Customer by Wasteology which request is accepted by Wasteology

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;

Contract means the contract between Wasteology and the Customer pursuant to these Terms and relating to the provision of the Services and includes the Quote Form;

Contract Term means the term/duration of the Contract described on the Quote Form;

Contract Variation means a change in the form of an increase to the level and/or type of Services to be provided to the Customer pursuant to this Contract that is requested by the Customer and accepted by Wasteology;

Customer means the customer described on the Quote Form;

Direct Debit means an arrangement by which Wasteology is authorised by the Customer to effect a financial transaction to withdraw funds from a bank account of the Customer, or to charge an amount to a credit card of the Customer (or in any case its advised third party account / card holder);

Excluded Waste means, unless agreed otherwise in writing, materials that are (or include):

  1. radioactive or biochemical;

  2. fibro or fibreglass;

  3. highly flammable or explosive;

  4. asbestos;

  5. bodily tissue;

  6. foods or liquid;

  7. chemicals;

  8. gas bottles, tanks or containers;

  9. oil heaters;

  10. fire extinguishers;

  11. insulation;

  12. illegal; or

  13. otherwise excluded by Wasteology from time to time;

Fee means the fee(s) as described on the Quote Form or otherwise stated and any other or amended charge which may be imposed by Wasteology pursuant to these Terms and which may include and or be comprised of any or all of the following:

  1. weekly Bin hire charge;

  2. per Bin empty charge;

  3. transport charge (minimum and additional); and

  4. landfill disposal charge (minimum and additional);

GST has the meaning defined in the GST Act;

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

PPSA means the Personal Property Securities Act 2009 (Cth);

PPSR means the Personal Property Securities Register as established by section 147 of the PPSA;

Premises means the place to which the Bin is delivered and collected by Wasteology in the course of provision of the Services which may be described on the Quote Form or such other place as may be notified by the Customer and agreed from time to time;

Liability means any loss, liability, cost, payment, damages, debt or expense including but not limited to reasonable legal fees;

Personnel means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;

Quote Form means the form issued or made available by Wasteology in relation to the Services including via the website and which identifies, without limitation, the Customer, the Services initially requested, and Fee;

Scheduled Collection(s) means the time(s) at which a Bin will be collected from the Premises by Wasteology;

Scheduled Time means the indicative time(s) for provision of the Services at the Premises as described on the Quote Form, as requested by the Customer and agreed by Wasteology, or otherwise as agreed between Wasteology and the Customer from time to time and many include Scheduled Collections;

Security Interest means a security interest for purposes of, and as defined in, the PPSA;

Services means the provision of Bins and/or Waste collection and disposal services as may be more particularly described on the Quote Form or otherwise as agreed between Wasteology and the Customer from time to time;

Special Waste means waste in relation to which Wasteology may impose additional charges, and which includes materials that are (or include):

  1. tyres;

  2. carpet and underlay;

  3. mattresses;

  4. rubber;

  5. synthetic grass and astro turf;

  6. soft roll matts;

  7. vinyl; and

  8. otherwise notified by Wasteology from time to time;

Waste means the materials for collection, removal and disposal by Wasteology;

Wasteology means Wasteology Pty Ltd ABN 71 147 263 312;

Website means the site accessible at https://wasteology.com.au or such other site as Wasteology may determine from time to time.

  1. Acceptance of Terms and provision of Services

    1. By accepting the Quote Form, the Customer accepts these Terms and enters into the Contract with Wasteology for provision of the Services for the Contract Term.

    2. Wasteology will supply the Services to the Customer at the Premises during the Contract Term at or about the Scheduled Time and, in consideration of the provision of the Services, the Customer agrees to pay the Fee and other amounts charged by Wasteology in accordance with the Terms.

    3. If, during the Contract Term, the Customer relocates away from the Premises and to a new premises, and unless Wasteology determines otherwise (in its discretion):

      1. this Contract will apply to the new premises from which the Customer operates and that new premises shall become the Premises for the purposes of this Contract; and

      2. the obligations of Wasteology in respect of the first Premises shall be at an end.

    4. The Customer hereby acknowledges and agrees that, unless otherwise agreed by Wasteology in writing, all Services involving the provision of a permanent dry waste or general waste skip Bin, shall include:

      1. a minimum of one Bin empty per week;

      2. a minimum transport charge of 20km;

      3. a minimum weight charge as may be notified from time to time.

    5. Subject always to clause 13, the Customer is not entitled to cancel any Contract during the Contract Term and must pay the Fee to Wasteology in any circumstance where it provides, or is ready, willing and able to provide, the Services, regardless of whether or not the Services are provided.

    6. The Customer hereby acknowledges and agrees that, during the Contract Term and at the Premises, it shall use the Services provided by Wasteology except in relation to services Wasteology is not willing or able to provide or in respect of which Wasteology has consented to the Customer using another provider.

    7. At any time during the Contract Term, the Customer may submit a Change Request, including via the Website when available, and Wasteology may accept or reject a Contract Request by any means.

  2. Access to Premises

    1. The Customer hereby grants Wasteology with an irrevocable licence to access the Premises from time to time to provide the Services including placement and removal of the Bin.

    2. The Customer shall ensure that the Premises is clean and otherwise in a state which enables proper and safe access by Wasteology, provision of the Services and storage of any Bin, and the Customer acknowledges and accepts that Wasteology may not provide the Services where the Customer has not, in the opinion of Wasteology, complied with this clause.

    3. The Customer must provide Wasteology with full access to such amenities at the Premises as it may reasonably require to provide the Services including, but not limited to, power outlets and electricity therefrom, basins and water and such other amenities and facilities as Wasteology may reasonably require.

    4. Wasteology does not assume any Liability for or in relation to accessing the Premises for provision of the Services, or for the Bin, and the Customer agrees that it shall not make a Claim against Wasteology in respect of provision of the Services or the Bin, except for Claims arising from the gross negligence of Wasteology.

  3. Provision of Services

    1. Wasteology may provide the Services through its Personnel as it reasonably determines from time to time.

    2. The Customer must provide to Wasteology such information as it may reasonably request in relation to the Services at the Premises and/or the Waste including but not limited to content, weight, certificates, permits and/or authorisations issued by third parties in connection with the Premises and the Customer warrants to Wasteology that all information provided to it is true and correct, complete and not misleading.

    3. Wasteology may seek such confirmation or certification from the Customer and/or third parties in connection with the Services and/or the Waste as it shall reasonably determine and the Customer shall arrange such confirmation or certification in a timely manner.

  4. Use of Bins

    1. If the Services provide for it, Wasteology will use its best endeavours to deliver the Bin to the Premises and collect the Bin in accordance with any Schedule Collection.

    2. Upon reasonable notice to the Customer, Wasteology may vary any Scheduled Time.

    3. The Bin remains the property of Wasteology at all times and the Customer must not deal, or attempt to deal, with any Bin.

    4. Whilst it is at the Premises, the Customer must take all reasonable steps to maintain the Bin in a clean and sanitary condition and to prevent damage of any kind to it.

    5. The Customer hereby agrees to use the Bin only in accordance with any directions Wasteology may give from time to time and, without limitation, agrees:

      1. not to use the Bin, or allow the Bin to be used, if to do so would present an unacceptable risk of injury to the Customer, Wasteology, or any other person or property;

      2. not to use, or to allow the Bin to be used, for any purpose other than for which it is intended including the nature of Waste placed into the Bin;

      3. not to allow any person or animal to be placed inside of the Bin;

      4. not to use any equipment or apparatus of any kind which impacts, or is intended to impact, any materials inside of the Bin;

      5. not to cause, allow or permit to remain any fire inside of the Bin; and

      6. not to fill the Bin, or allow the Bin to be filled, beyond any limits imposed by Wasteology from time to time or in any event in a manner or to an extent which may be dangerous to the Customer, Wasteology, or any other person or property.

    6. The Customer must report to Wasteology as soon as reasonably practicable any damage to, or fault or defect with, the Bin and the cause of same to the extent known.

  5. Waste and disposal

    1. Subject to this clause, upon collection of a Bin by Wasteology, title to the Waste inside the Bin passes to Wasteology.

    2. Wasteology shall not accept title in, and may refuse to collect, any Waste which:

      1. is Excluded Waste;

      2. does not correspond with any information concerning the Waste provided by or for the Customer; and/or

      3. Wasteology has notified to the Customer it will not accept.

    3. In respect of any Waste referred to in clause 7.2, if it is collected by Wasteology, the Customer hereby authorises Wasteology to transport and dispose of the Waste by any means reasonably determined by Wasteology.

  6. Certificate of removal/destruction

    1. The Customer acknowledges and accepts that Wasteology may make the issue of a Certificate subject to the provision of further information, confirmation, or certification from the Customer or third parties and it shall be the sole responsibility of the Customer to arrange or supply such further information, confirmation, or certification, in a timely manner.

    2. The Customer acknowledges and accepts that Wasteology will not, in any circumstances, issue a Certificate until the Customer has paid any outstanding Fee.

    3. The Customer hereby acknowledges and accepts that, notwithstanding any clause of these Terms, the issue of a Certificate by Wasteology does not, and shall not be taken to, constitute an opinion by or for Wasteology that the Waste is of a particular type, standard, or quality or that it meets EPA Standards, except to the extent that the Certificate expressly so describes and certifies.

  7. Fee and payment terms

    1. The Customer agrees to pay the Fee to Wasteology in accordance with these Terms.

    2. The Customer acknowledges and agrees that Wasteology may change the Fee, or any part of it, with effect from 1 July each year to take account of changes to:

      1. charges associated with third party landfill services including taxes, levies, and duties;

      2. recycling requirements and/or charges including taxes, levies and duties; and

      3. transportation requirements and/or charges including taxes, levies, duties and tolls.

    3. The Customer agrees to pay the Fee by Direct Debit.

    4. Subject to the issue of a tax invoice by or for Wasteology, the Customer agrees that Wasteology may process a Direct Debit in respect of the Fee or other amount(s) charged pursuant to this Contract:

      1. monthly in advance on a day determined by Wasteology from time to time and notified to the Customer; and

      2. in respect of any amount described in clause 9.8, as soon as practicable after the Customer’s obligation to pay the amount arises.

    5. The Fee is exclusive of GST unless otherwise stated by Wasteology in writing.

    6. The Customer must not withhold, make deductions from, or set-off, payment of any money owed to Wasteology for any reason.

    7. Wasteology may charge interest on any overdue amounts owed by the Customer at a rate of 10% per annum which interest shall be calculated daily.

    8. Wasteology may charge to the Customer, and the Customer agrees to pay to Wasteology, in addition to the Fee stated on the Quote Form and/or in substitution for the Fee initially agreed with the Customer, an amount in respect of any one or more of the following:

      1. additional Services identified by Wasteology and agreed by the Customer, or otherwise requested by the Customer at any time;

      2. Bins containing any Special Waste;

      3. attempted delivery or collection of a Bin by or for Wasteology which is unsuccessful because of an act or omission of the Customer;

      4. cleaning, or arranging for the cleaning of, a Bin for the Customer’s failure to comply with clause 6.4;

      5. any Bin which exceeds the permitted weight or load specifications notified by Wasteology from time to time;

      6. an amount in respect of GST for which Wasteology is liable in connection with the provision of the Services to the Customer unless the Fee is stated to be GST inclusive;

      7. any bank or other fees incurred by Wasteology in respect of the Customer including but not limited to:

        1. Direct Debit processing fees and charges; and

        2. fees and charges associated with any dishonoured payments;

      8. and any legal, debt recovery or other expenses associated with any action by Wasteology to recover money from the Customer.

    9. Wasteology reserves the right to vary the Fee if the Waste in any Bin is different to that described on the Quote Form or where Waste is contaminated as reasonably determined by Wasteology.

  8. Warranties

    1. The Customer warrants to Wasteology that:

      1. it owns or otherwise has rights to occupy and use the Premises;

      2. it holds and has and will maintain during the Contract Term all permits, authorisations and accreditations it may require to receive, store and remove the Bin on/from the Premises, and for and in respect of any Waste placed into the Bin;

      3. any Waste placed into a Bin will:

        1. be waste of, and be known to, the Customer;

        2. comply with information provided by or for the Customer in respect of such Waste;

        3. not be Excluded Waste;

      4. to the best of its knowledge and belief, the collection, removal, transportation and disposal of the Waste by Wasteology will be lawful.

    2. Wasteology hereby excludes all express and implied conditions and warranties in relation to the Services except those conditions or warranties that cannot be excluded by law.

    3. Nothing in these Terms are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any equivalent Act of any state or territory of Australia except to the extent permitted by such statutes.

  9. Liability

    1. To the extent permitted by law, the liability of Wasteology for any Liability or Claim in relation to these Terms, the Contract, or any supply of Services will be limited to, at the option of Wasteology:

      1. the supply of the Services again; or

      2. the cost of having the Services supplied again.

    2. Wasteology will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

    3. To the extent permitted by law, and for the avoidance of doubt, Wasteology shall not be liable for any Excluded Waste or the handling of or dealing with it by or for Wasteology except to the extent that dealing with such waste is specifically within, and properly the subject of, the Services.

  10. Indemnity

    1. The Customer indemnifies Wasteology and each of its Personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:

      1. the Customer’s breach of these Terms or Contract;

      2. the negligence or wilful misconduct of the Customer or any member of the Customer’s Personnel;

      3. damage to the property of the Customer or any third party during the provision of the Services, except to the extent that such damage is caused by the gross negligence of Wasteology;

      4. damage to the Bin whilst it is in the Customer’s possession, fair wear and tear excepted;

      5. the Customer purporting to cancel the Contract;

      6. any Waste referred to in clause 7.2 and or the dealing of it by Wasteology to any extent.

  11. PPSA

    1. The Customer hereby acknowledges and accepts that this Contract creates a Security Interest in favour of Wasteology.

    2. The Customer hereby agrees that Wasteology may register its Security Interest as created by this Contract in the PPSR and the Customer must do anything (such as obtaining consents and signing documents) which Wasteology may require for the purposes of obtaining the registration, priority, and/or enforcement of the said Security Interest.

    3. The Customer hereby waives any rights it has pursuant to the PPSA to receive notification or any verification statement.

  12. Termination

    1. Unless otherwise agreed in writing, upon acceptance of a Change Request by Wasteology, this Contract shall be terminated by consent and Wasteology and the Customer shall enter into a new contract for the changed services pursuant to these Terms as amended from time to time save that nothing in this clause shall operate to release the Customer from any accrued obligations it may have arising pursuant to this Contract or obligations which survive termination of this Contract.

    2. The Customer may terminate this Contract at any time, otherwise than by way of Change Request, but shall be liable for the Fee determined as if the Contract had remained in place for the Contract Term.

    3. Wasteology may immediately terminate, or suspend the performance of, this Contract and the Customer must immediately pay any money owed to Wasteology if:

      1. the Customer breaches these Terms and does not remedy the breach within 7 days; or

      2. the Customer breaches these Terms which breach is not capable of remedy.

    4. Upon expiration of the Contract Term, and if a party does not provide 30 days prior notice, this Contract shall continue until terminated by either party on 90 days’ notice.

  13. Dispute resolution

    1. If a dispute between the parties arises out of or relates to this Contract, save and except any dispute relating to the Customer’s obligation to pay the Fee, the parties agree to take all reasonable steps to resolve the dispute through Appropriate Dispute Resolution.

  14. Miscellaneous

    1. These Terms may only be amended with the written consent of Wasteology and any waiver by it must be express and in writing.

    2. The rights of Wasteology under these Terms or Contract do not exclude any other rights which it may have at law, in equity or pursuant to statute.

    3. If any provision of these Terms or Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply.

    4. Where any right is created in Wasteology by these Terms, the same right is created in the Personnel of Wasteology to the extent necessary to enable provision of the Services by Wasteology as contemplated by these Terms.

    5. Wasteology may assign its rights or benefits under this Contract to any third party.

    6. The Customer may only assign it rights or benefits under this Contract with the prior written consent of Wasteology.

    7. These Terms and any Contract will be governed by the laws of the state of Victoria and the Customer hereby submits to the non-exclusive jurisdiction of the courts of that state.

    8. Wasteology will not be liable to the Customer for any failure to perform, or delay in performing, its obligations under these Terms if the failure or delay is due to any cause beyond the control of Wasteology. If any such failure or delay continues for a period of 14 days Wasteology may terminate this Contract with immediate effect without Liability.

    9. Wasteology does not warrant that the Website will be available, accessible and/or free from fault at any or all times and is made available pursuant to any website use terms available on the Website from time to time.

    10. In these Terms:

      1. the headings do not affect interpretation;

      2. the singular includes the plural and vice versa, and a gender includes other genders;

      3. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

      4. a reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes;

      5. a reference to a person includes a natural person, body corporate, partnership, trust, association or any governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, corporation or instrumentality or any other entity;

      6. a reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements;

      7. the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;

      8. any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;

      9. if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on the next business day.