Terms & conditions

GENERAL CONDITIONS OF AGREEMENT

Definitions as used in this agreement
1. "Address" means the Customer's address as specified on this agreement and any new address to which the Customer moves or expands
2. "Supplier" means All Waste – a division of Trojan Holdings Ltd
3. "Customer" means the person, or company specified on this agreement
4. "Equipment" means the items that the Supplier supplies the Customer
5. "Excluded Material" means any items, substance or liquid that is explosive, hazardous, pathological, noxious, illegal or dangerous, or which if placed in the Equipment would constitute a breach of any legal requirements or would be a fire hazard and also includes any substance prohibited or regulated by any statute or regulation in force from time to time and such other material as the Supplier shall periodically inform the Customer may not be deposited in the Equipment. A detailed list is available on request.
6. "Rates & Charges" means the Rates and Charges for deliveries or collections set out in this agreement and may be altered annually in July or with written notification to the Customer. All rates quoted exclude GST unless otherwise stated.
7. "Waste Materials" means all the Customer's waste located at the Address other than Excluded Material
The Supplier agrees to perform the collection and disposal services in accordance with the requirements of this agreement and all applicable laws and regulations. The Supplier shall perform such services during its normal working hours and use all reasonable endeavors to perform the services on a timely basis. The Supplier shall collect the Waste Materials with a minimum amount of disruption to the Customer's business. The Supplier shall not be liable for any failure to perform its obligations under this agreement due to circumstances beyond its reasonable control.
The Customer shall allow and provide satisfactory access for the Supplier's employees or agents and their vehicles at all reasonable times to deposit, inspect, collect/exchange or remove Equipment and/or Waste Materials.
The Customer shall collect all Waste Materials and deposit and retain them in the Equipment until their removal by the Supplier. The Customer shall properly secure and contain Waste Materials within the Equipment in a safe and secure manner and in strict compliance with the law.

Bin weight limits apply to all bin types. Additional charges may apply for overweight bins
The Customer shall pay the Supplier the invoiced Rates and Charges by the 20th of the month following the date of the Suppliers invoice. If the Customer does not pay the Suppliers invoice in a timely basis and the Customer is unable to establish to the Supplier's satisfaction a legitimate dispute of the invoice issued, the Supplier reserves the right to temporarily suspend services to the Customer, to charge interest on all outstanding balances and/or request that the Customer pay the Rates and Charges in advance or by an automatic direct debit. During suspension periods the Customer will continue to pay Rates and Charges applicable to supply of the Equipment. In addition, if the Rates and Charges are not paid within 30 days of the due date, the Supplier or its debt collection agency shall be entitled to charge the Customer a fee equal to 25% of the unpaid portion of such Rates and Charges together with any additional amounts as the Supplier requires to meet costs of debt collection. This clause is intended to be for the benefit of the Supplier and its debt collection agency under the Contracts (Privacy) Act 1982.
The Supplier shall be responsible for any damage it may cause on the Customer's premises while collecting and removing the Equipment and Waste Materials. However, the Supplier accepts no responsibility for damage to the surface of any area the Supplier is required to pass over to gain access to the Equipment or to any pipes, cables, or other fixtures beneath such access ways.
The Customer acknowledges the Suppliers ownership of all Equipment provided by the Supplier. The Customer shall take reasonable care of the Equipment and shall avoid damage to the Equipment. The Customer shall promptly notify the Supplier of any damage to the Equipment. The Customer shall be liable for any damage, loss, defacement or destruction to the Equipment. In such event the Customer shall pay the Supplier the lesser of the replacement value of the Equipment or the cost of repairing/restoring the Equipment to its original condition. The Customer shall indemnify the Supplier concerning any loss, costs, damage, claim or expenses arising out of the use of the Equipment. In the case of compactors or other mechanical Equipment, the Customer shall supply electricity at its cost to operate and shall train all employees in and ensure that they comply with applicable health & safety procedures regarding the operation of such Equipment.
The responsibility of maintaining cleanliness of The Equipment is with the Customer. If the Supplier deems the bins to be in state of uncleanliness, the Supplier reserves the right to suspend service until this is rectified. If the Supplier cleans the Equipment the Customer shall pay the Suppliers cleaning charges.
The Customer acknowledges that the Supplier has not designed the Equipment for the disposal of Excluded Material and will use the Equipment for the storage and disposal of Waste Materials only. The Customer shall place appropriate signs on or near the Equipment warning employees not to place Excluded Materials in the Equipment.
The Waste Materials shall vest in the Supplier when the Supplier removes them from the premises. Title to and liability for Excluded Materials shall always remain with the Customer. This is so even if the Supplier removes such Excluded Materials from the premises.
This agreement shall apply for an initial term of twelve months and will continue in effect for the successive period unless it is terminated by the customer in writing at least 1 month prior to cessation of service requirements. Payment responsibility for all services remains with the Customer until this information is received and acknowledged by the Supplier. In the case of change of ownership, the Customer will undertake to supply the Supplier with any new ownership contact details they can.
If the Customer is in breach of one or more of its obligations under this agreement and the Customer seeks to cancel this agreement without cause, the Supplier may elect to charge an amount equal to 3 month's billing period based on the 6 months prior average bill.
The Supplier shall have the right to regard the person signing this agreement for the Customer as having authority to so sign and bind the Customer.
The Customer hereby acknowledges that if during the term of this agreement it proposes to have the services supplied under this agreement by one of the Supplier's competitors, it shall not enter into any such arrangement or permit such competitor to perform those services unless it has in good faith given the Supplier all reasonable opportunity to match the pricing and other service conditions which the competitor has offered to the Customer (of which the Customer will provide details of, including copies of any written offer, to the Supplier and:
1. Where the Supplier offers substantially the same pricing and other service conditions as the competitor, the Customer will accept the Suppliers new terms and enter into a new agreement with the Supplier, or
2. Where the Supplier does not offer substantially the same price or service conditions as the competitor, and the Customer contracts for supply of services from the competitor without 1 months written notice, clause 12 applies.
The transmission of a signed counterpart copy of this agreement by facsimile or scan by one party to the other shall be deemed proof of signature of the original and thus shall be deemed an original and may be relied on as contractually binding.
The Customer hereby authorizes any person, company or other entity to provide the Supplier with such information as the Supplier may require in relation to the provision of credit to the Customer or the management of this agreement without such person, company or other entity having to seek further authorization from the Customer. The Customer hereby authorizes the Supplier to furnish to any third-party copies of this agreement and details of any subsequent dealings that the Customer may have with the Supplier and to use, for any lawful purpose connected with the Supplier's business, any information which the Customer or any third party may provide to the Customer about the Customer.