You can find our terms and conditions here - https://waster.com.au/waste-recycling-terms-conditions
Please also see our ts and cs as at: 16 Jan 2020 below.
All agreements contracted through this website or by any other means with Waster Pty Ltd are subject to the terms and conditions below. Ticking the box indicating acceptance signifies acceptance of all clauses, both individually and collectively.
1. Interpretation. In these terms and conditions
- “the Supplier, Suppliers, We, Us, Our, Waster” means Waster Pty Ltd (waster.com.au), its contractors and its assigns.
- “the Customer” means the person, firm or corporation named with whom “the Supplier” performs or is to perform “services”. If there are two or more persons or entities referred to as “the customer”, then such persons or entities shall be bound by the provisions of this “agreement”
- “bins” means containers and other equipment placed by “the Supplier” on “the Customers” “site” or other “sites” as directed by “the Customer”.
- “prohibited waste” means any waste type that is inside “bins” that is different to the agreed material categories.
- “service” means the collection and disposal of the waste (including recyclable materials) generated by “the Customer” at the “site”.
- “agreement” means these terms and conditions and related provisions which shall be read and constructed together. Should there be any inconsistency between these terms and conditions and provisions overleaf, these terms and conditions shall prevail.
- “site” shall mean the location to be serviced as agreed.
2. Authority.“The Customer” who agrees to these terms and conditions warrants that they have the authority to enter into this agreement for the relevant “services” and “site/s”
- “We” shall be entitled to increase charges on one (1) months notice as a result of any increases on costs. (Excl clauses 6,8).
- Final pricing is only agreed following telephone communication regarding your industry category, address of your "site" and clarification of schedule or special requirements of the customer.
- Pricing as quoted per waster.com.au is in relation to a single collection service i.e. the monthly total invoiced will be this cost per service x the number of services performed during the month.
- Prices quoted contain no hidden extras i.e. service price includes rental on bin, collection charge, disposal / recycling charge and is provided net of any rebate payable. Rental may apply for on-site use bins, bale frames or other containers which will be discussed and added to the agreement prior to implementation if necessary.
- Grease trap service prices are quoted on a per litre basis i.e. a 1000 litre services is calculated as 1000 x the quoted per litre price. The price is based on a single person and tanker being able to preform the service.
4. The Term. Both parties agree the prices contracted reflect a no lock-in contract (one month notice period required) and that is the spirit of the contract.
5. Relocating Premises.
If you relocate to a new premise(s), unless “We” decide otherwise, the “service” under this agreement shall continue to apply at the new premise(s), with pricing adjusted as at the date of change (pricing as per Waster.com.au public quote).
6. Supply of “services”. The “services” shall be performed by “Us” on the days as indicated but during such hours as “Waster” determines. “We” may vary the days/times upon which “services” are performed.
7. Exclusive Supply of “service”. Both parties agree the “service” contracted are to be exclusively supplied by “Waster” while the agreement is in place. “The Customer” agrees not to engage a second party for the same “services” during the agreement.
8. Weight Limit. “The Customer” must not fill the “bins” beyond the maximum height of the container and the lid must be able to be fully closed. “The Customer” acknowledges that the weight of the waste deposited in the “bins” shall not exceed the agreed weight per cubic meter agreed. Excessive weight may be invoiced as an extra charge at the discretion of “the Supplier”.
9. Cancellation of “service”. “the Customer” or “Us” may cancel the agreement at anytime by giving 30 days written notice to the relevant party. “The Customer” must pay “Us” all monies (including GST) including the “service” in the notice period. Bins will have a final empty prior to removal to ensure empty on removal. Waster charges a removal fee of $199+GST for any services cancelled within the first three months of service (to cover transport costs) - i.e. three months from bin delivery. If cancellation is due to poor service or service unreliability by Waster - no removal fee is applied. No removal fee applies when cancellation notification is provided after three months from bin delivery. All invoices (including final month invoice) must be settled in full prior to bin removal.
10. Payment options.Payment will be made by “the Customer” for services rendered by one of two methods:
- - a.) Payment can be made by automatic direct debit from a provided debit account at 3% discount. Debited on the 8th business day of the following month.
- - b.) Payment on 14 day terms on an invoice provided via email on the 8th business day of the following month.
11. Payment timing.“We” will render invoices to “the Customer” at regular intervals via email. Invoices will be issued around the 5th business day of the month following the month in which services where rendered. “The Customer” will make payment of the invoice balance within a period of 14 days from the date of the Invoice. If “the Customer” fails to make payment of the Invoice within 14 days of the date of invoice, then interest at 6% per annum calculated on a daily basis will accrue upon the outstanding Invoice. “The Customer” will pay all goods and services tax payable in respect of a taxable supply made under this agreement at the same time and in the same manner as other charges payable to “Us”.
12. Default.“The Customer” agrees to reimburse “Waster” for all debt recovery and/or legal costs incurred by “Waster” in recovering any amounts due to it pursuant to this agreement.
13. Equipment.The “bins” supplied by “Us” will always remain the property of “the Supplier”. A replacement fee will be charged for bins that are lost or damaged by misuse. Replacement fee is dependent on bin size.
14. Assignment.“The Customer” cannot assign, novate or transfer this contract without “the Supplier's” written consent
15. Subcontracting.We may without giving notice to or require consent from “the Customer” sub-contract, change sub-contractors for all or part of the “services” listed contracted. If this occurs the subcontractor has the same rights as “the Supplier”
16. Ownership of Waste. All waste, including prohibited waste remains the property of “the Customer” until it is recycled or re-processed.
17. Force majeure. In the event that any circumstances beyond our reasonable control (including without limitation climatic conditions, a strike, lockout, industrial dispute or shortage of materials) prevent “Us” or our subcontractors from being able to perform an obligation under this “agreement”, this “agreement” may be suspended by “Us”. In such circumstances you are precluded from making a claim against “Us”.
18. “The Customer” agrees to:
- Maintain the equipment in a clean and sanitary condition
- Reimburse “Us” for any “bins” that are damaged, defaced, lost or destroyed.
- Provide suitable storage for the “bins”
- Not remove the equipment from the “site”
- Instruct all personnel in the safe and proper use of the equipment
- Not use any mechanism to compact material in the “bins” or alter or amend the equipment without “Our” permission.
- You must not allow any person to be inside the “bins” at anytime
- Indemnify “Us” in respect to all claims, suits and demands for damages caused directly or indirectly to any person or property (including “the Customer”) by, through or in connection with the use or operation of the equipment or any part thereof where such damage shall have been caused through no act, neglect or default on the part of “the Supplier”.
- Inform “Us” if the equipment is damaged or in need of repair.
- Provide clear access for servicing of the “bins” and if “We” turn up and are unable to perform the “service”, “the Customer” will be charged the normal rate of “service” for this missed “service”.
19. Liability and Indemnity.
- “The Supplier” is not liable to “the Customer” for matters arising out of the rental or operation of the “bins”, the rendering of the “service”, “the Suppliers” entry, presence or exit from the “site”, any damages, penalties, fines and liabilities incurred as a result of “prohibited waste” being collected by “the Supplier” or placed in the “bins” or “the Suppliers” vehicles or otherwise by virtue of this agreement other than the failure of “the Supplier” to carry out the “service” in a proper and workmanlike manner in which case “the Supplier’s” only obligation is to (at its own election) either carry out the “service” again or pay the reasonable costs of having the “service” carried out in a proper workmanlike manner.
- “The Customer” indemnifies “the Supplier” against all liabilities, actions, claims, demands, costs and suits (including legal costs) to or by any person or entity for any breach by “the Customer” of this agreement and any matter or thing arising during the rental of the “bins”, the rendering of the “service” or “the Supplier” entry, presence or exit from the “site” including any damage or by the “bins”. “The Customer” will indemnify “the Supplier” against claims by any third party arising from the enforcement of “the Supplier’s” rights under this agreement, including entry into the “site” and/or the “service” of “the Suppliers” “bins”.
- Other than damage caused by “the Supplier”, “the Customer” will indemnify “the Supplier” for any loss or damage or loss is reported or when it comes to the attention of “the Supplier”, whichever occurs first.
- To the maximum extent permitted by law, “the Customer” shall be responsible for an indemnify “the Supplier” and in respect of liabilities, claims, damages, actions, costs and expenses which may be incurred by “the Supplier” as a result of or arising out of any breach by “the Customer” of any warranties, covenants and conditions herein.
20. Waste Types.
- Putrescible waste – degradable waste including food wastes, garden waste and household wastes and which do not include the following waste types (Medical/Sanitary and Hazardous waste)
- Inert (Dry) Waste – solid waste which do not undergo environmentally significant physical, chemical or biological transformations once land filled excluding waste (Medical/Sanitary, Hazardous waste and Putrescible waste)
- Recyclable – where “We” say may be beneficially reused /recycled
- Hazardous Waste – solid, liquid or gaseous waste (other than described in Medical/Sanitary) which (through toxicity, carcinogenical, mutagenicity, teralogencity, flammability, explosivity, chemical reactivity, corrosivity, infectiousness or other biological damaging properties which may be present danger to the life or health or living organisms when released into the environment.
- Medical/Sanitary Waste – waste (excluding radioactive waste) produced by a hospital, medical or related practice or waste collected from designated sanitary hygiene units.
- Liquid waste – liquid or semi liquid wastes which do not include any of the waste listed above.
21. Bin swap-over fees and padlock replacement
- There is no fee for initial delivery of bins to site at the commencement of service. If the customers seeks to change the bin size - there will be a one off transport fee of $120+GST for the bin swap-over – i.e. to a larger or smaller bin size.
- Padlocks can be supplied free of charge at the commencement of service. Replacement padlocks can be provided (if lost etc.) at a cost of $30+GST per padlock.