1.COLLECTION AND DISPOSAL SERVICES. Subject to the following conditions, Niche Environmental PTY LTD trading as Nitschke Liquid Waste (assigns with its successors, its servants, agents and sub-contractors called “the contractor”) shall make available to person, persons, company or corporation shown on the service agreement as the customer called the “the customer” goods / equipment / services specified on the service agreement, and shall perform the collection and disposal service as specified on the service agreement subject to the due and punctual payment by the customer of the charges set forth on the service agreement. The Customer shall ensure clear and easy access to the serviceable equipment.
2.CHANGE IN CONTROL. The Customer shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customers details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number, or business practice). The Customer shall be liable for any loss incurred by the Contractor as a result of the Customer’s failure to comply with this clause.
3.RIGHT TO COMPETE. During the term of the agreement if the customer receives a bona fide offer in writing from another service provider to perform the services described overleaf, the customer must give the contractor not less than fourteen (14)days to match or better the price and or services provided. If the contractor makes an offer to match or better the other service provider’s price or service, the customer agrees to continue receiving the services from the contractor on the terms of this agreement for a further term. If agreement cannot be reached for a further term then the existing agreement and terms and conditions will remain in place.
4.CHARGES. The customer must pay:-
- Time for payment for Goods / Equipment / Services being of the essence. Allservice charges and additional charges within fourteen (14) days of the date upon which it is invoiced and also any variations in charges specified in this agreement. All recovery of debt fees and legal expenses on a solicitor and own client basis. Interest on overdue accounts may be charged at (2.5%) per calendar month, such interest shall compound monthly at such a rate.
- The customer will pay to the contractor the full service charge for attending the customer’s site, whether or not waste is collected.
- The Customer acknowledges that the Contractor may (at their sole discretion) increase any charges stated herein at any time, provided that the contractor shall give to the customer seven (7) days’ notice in writing of the proposed variation and reserves the right to change the Price if a variation to the Contractor’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties, increases to the Consumer Price Index (CPI), or as a result of increases to the Contractorin the cost of disposal, materials and labour) will be charged for on the basis of the Contractor’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
- If the customer requires the contractor to provide services on a Saturday, Sunday or public holiday, or outside of the customers scheduled collection day or time, such additional charges as is reasonably determined by the contractor.
5.RELOCATION OF BUSINESS. This agreement will continue in full force in the event of any relocation of the customer’s site. In the event that the customer’s site relocation results in increased cost or hardship to the contractor, the contractor will have the option to make this agreement void or increase charges as is reasonably determined by the contractor in agreement with the customer.
6.TERMS OF AGREEMENT.
(a)This agreement is for an initial term of thirty six (36) months from the date of its acceptance by the contractor or term specified in special instructions on the service agreement.
(b)At the end of each thirty six (36) month period or term specified in special instructions on the service agreement, the agreement shall be automatically renewed for a further thirty six (36) months (including automatic renewal) unless written notice of cancellation has been given not more than sixty (60) days, but not less than thirty (30) days prior to the end date by either party to the other.
(c)The contractor may end the agreement by written notice to the customer if at any time the customer fails to make payment as required by the agreement or commits any other breach of this agreement. Notwithstanding such termination, the customer shall be liable for any loss to the contractor caused by such early termination or by any early termination initiated by the customer, being an amount calculated as follows which the parties agree is a bona fide genuine pre-estimate of damages:-
(d)50% of total fees and charges that would have been payable by the customer under the Agreement from the date of default or termination until the end of the term of the Agreement.
(e)Where service is provided to the customer on an ‘on call’ basis, then 50% of the average monthly amount invoiced to the customer over the previous 12 months,or an average of such shorter period as agreement has been in place, multiplied by the months remaining on Agreement, from the date of default or termination until the end of the term of the Agreement.
7.CONTRACTOR NOT LIABLE TO THE CUSTOMER. Despite anything elsewhere in these conditions to the contrary whether expressed or implied the contractor shall not be liable to the customer in any way whatsoever, should the customer suffer any loss or damage of any kind (including death) arising out of or incidental to the use or non-use of the equipment whether or not such loss or damage is caused by or contributed to by the negligence on the part of the contractor and without limiting the generality of the foregoing, the contractor shall not be liable in respect of any loss of business sustained by the customer during the period that the customer is unable to use the equipment or the contractor is unable to perform collection and disposal services.
8.INDEMNITY. Customer is solely responsible for and fully indemnifies the contractor against any loss or damage arising under or in connection with: (a) breach bycustomer of (i) any warranty or other term of the agreement; or (ii) any duty of care owed to the contractor whilst on customer’s premises; (iii) any law or regulation committed, caused or contributed to by the customer; (b) injury or death to persons,loss or damage to property or the environment caused by or in connection with use, storage or operation of the equipment by customer; (c) damage to or loss of Equipment; or (d) the provision of services or the use or location of equipment.
9.INDEMNITY BY DIRECTOR. If the customer shall be a corporation, the director or directors whose signatures appear on the face of the agreement do agree (and if more than one jointly or severally) to indemnify the contractor against all claims, costs, actions and demands, arising in consequence of any breach by the customer of the agreement and without limiting the generality of the agreement against any failure to make payments in accordance with the terms of the agreement.
10.FORCE MAJEURE. In the event of any strike, lockout, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns industrial dispute, shortage of materials and climate conditions beyond the control of the contractor and the contractor is unable to properly use the equipment or perform its obligations under the agreement then the agreement may be suspended by the contractor at its option for the duration of such event or events.
11.DEFAULT. If the customer defaults in any fees, charges or other money payable, or if the customer fails to perform or observe any of the customer’s obligation under the agreement or if the customer dies or becomes insolvent or is made bankrupt then in any such events the contractor may at its option without being under any obligation to do so by oral or written notice to the customer terminate the agreement or may elect that the customer’s obligation under this agreement shall be suspended until such default is remedied to the satisfaction of the contractor.
12.RIGHT OF OWNERSHIP. The customer grants to the contractor exclusive right to collect and dispose of all of the customer’s liquid waste materials as warranted per the agreement.
13.STATUTES. In the agreement, a reference to any statute extends to any amendments, consolidation or replacement of it or any part of it.
