WaaRec means WAAREC PTY LTD ABN 60 649 733 031
The Customer means the person, firm or other organisation to which the services are offered.
Agreement means the Service Contract between WaaRec and The Customer for the provision of the services.
Commencement Date means the date of signing this Service Agreement between WaaRec and the Customer.
Services mean removal and disposal of waste and unwanted materials as stated on the agreement or as agreed between WaaRec and The Customer.
Premises (Site) means the location or address of the Customer from where wastes have to be collected and disposed of.
Equipment means the tools and accessories such as bins, containers or other equipment provided by WaaRec to Customers to dump waste and unwanted materials.
Waste means the unwanted, redundant and recyclable materials that no longer required by the Customer or which a Customer wants to dispose of by WaaRec.
Confidential Information means any information that is specified as confidential at the time of revelation or any other information that is regarded as confidential due to its value.
2. Term The agreement shall be for an initial term of three years from the commencement date. Upon expiry of this three-year period, this Agreement shall automatically renew for 12 months unless The Customer gives advance written notice of non-renewal to WaaRec at least four weeks prior to the termination.
2a. For introductory offer customers, term of this agreement is 12 weeks from the commencement date. This agreement shall automatically renew for another 12 weeks period unless the Customer gives advance written notice of non-renewal to WaaRec four Weeks before the termination.
3. Services and access The collection of waste will be done by WaaRec on the days indicated in this agreement anytime during that day. WaaRec can change the scheduling services and days’ time to time by providing prior notification to the customers.
The staff members of WaaRec are allowed to enter the Customer’s premises anytime for collection of waste materials or anything related to bin changes and Maintenance.
Amendments in the frequency of waste collection, schedule, bin sizes and change of site address may be agreed by WaaRec or The Customer with proper notification and approved by others.
4. Allowable waste, weight, and equipment The Customer accepts that the weight limit is not more than 90kgs in 1100 litres, 60 kgs in 660 litres and 20 kgs in 240 litres bins. WaaRec shall be entitled to charge the Customer for any excess weight being found at the time of collection and send the extra charge invoice to the customers.
No contamination of waste, which means waste materials must be segregated and dumped into a designated bin or any other prescribed waste in the specific bins. Prescribed waste includes animal effluents, pesticides, pharmaceutical substances, inks, oils, detergents, dyes, greases, paint sludges and residues, and other wastes that may affect environment.
5. Charges, Payments and Price Variations The Customer must pay WaaRec the invoiced amount in full within 14 days from the date of the relevant invoice. WaaRec will provide the customer a monthly invoice for all services performed by WaaRec. Auto debit customers (processed via Ezidebit) need not take any action. Your Invoice will be processed automatically on due date.
WaaRec shall escalate the service fee at any time during the term due to increase in landfill disposal cost, fuel prices or other applicable costs. Any adjustment in charges will be notified by WaaRec to The Customer.
6. Termination and Suspension The Customer or WaaRec shall be entitled to terminate the agreement at any time by giving the 4 weeks’ written notice to the relevant party. The customer must pay WaaRec all monies for all the services rendered. Waste Bins must be empty at the time of final removal. WaaRec charges a cancellation fee of $150 excl GST for any services annulled within the first three months after the bin delivered. WaaRec shall not charge any fees if the cancellation is made due to poor service or any fault by WaaRec and if proper notification is given. All bills must be settled in full by the Customer prior to final bin removal.
7. Customer agrees to maintain the bins in a clean and hygienic condition, at least in the same standard as it was when WaaRec supplied the bin.
Customer must provide a suitable place for the bins and inform WaaRec in case of any damage caused to the bin. The Customer shall be liable for the theft of the bin or any damage occurred to it. Replacement fee of $200 is applicable in case of bin lost or damaged by customer.
Customer must provide fuss-free access to the bin area for the purpose of collection and removal of waste. The customer will be charged the usual rate for the missed services if WaaRec is not able to do the job due to unavailability of access to bin area or any other reason not notified by the customer.
All waste including prohibited waste is considered to be the property of the customer until it is recycled or re-processed.
8. Indemnity the Customer indemnifies WaaRec from and in respect of all losses, charges, damages, liabilities, or claims caused directly or indirectly by the customer to any person or property by, through or in connection with any breach by the customer of this agreement, the services, or the bins. This indemnity is reduced to the extent that WaaRec have caused or contributed to such loss, damage, liability, or claim.
9. Force majeure If WaaRec is unable to render its services or has postponed its obligations due to unavoidable catastrophic events beyond WaaRec control (“Force Majeure Circumstance” including but not limited to climatic conditions, a strike, lockout, industrial dispute), WaaRec will not be in default under this agreement or liable for any loss, cost, expense and/or damage suffered by the customer for that reason. The performance of WaaRec obligations under this agreement will be held back for the period of delay or prevention due to the Force Majeure Circumstance. If the Force Majeure Circumstance lasts for more than three months, then either party may terminate this agreement by providing written notice of termination to the other.
10. Sub-contracting WaaRec shall be entitled to subcontract all or part of services without giving notice to get approval from the customer. If this occurs the subcontractor has the same rights as WaaRec.
11. Right of first refusal The Customer offers WaaRec a right of first refusal to comply with any offer relating to services similar to those provided under which the customer receives upon the cancellation of this agreement for any reason. Customer shall give WaaRec quick written notice of any such offer and a feasible opportunity to respond to it.
12. Liquidated damages If the Customer wishes to terminate this agreement prior to the cessation of the contract period for any reason other than a default by WaaRec or in the event WaaRec demands to terminate this agreement for the customers default, the customer shall be liable for paying the liquidated damages in addition to the WaaRec legal fees. Customer must pay the invoice charge of the recent month multiplied by the number of months remaining in the agreement period. WaaRec shall not be liable under any circumstances for any special, incidental, or consequential damages arising out of or in connection with performance of this agreement.