ACCESS WASTE TERMS AND CONDITIONS
FOR FACILITATING THE SUPPLY AND COLLECTION OF A SKIP BIN TO THE CUSTOMER
A) Access Waste provides in-house waste management services and is appointed as agent for a number of pre-approved service suppliers
B) You (hereinafter referred to as the Customer) are desirous of appointing Access Waste as its common agent to facilitate and arrange for the supply and delivery of a skip bin or skip bins either by its in-house fleet or by a Service Supplier to the Site Address
C) The parties hereto agree to the terms contained hereunder.
- COMMON AGENT
- Where Access Waste does not provide the services via its in-house fleet, Access Waste discloses it acts in the capacity as a common agent empowered by its approved service suppliers to make a contract upon the Supplier Terms and Conditions upon the Quoted Terms.
- The Customer hereby authorises Access Waste as its agent to enter into a contract with its approved Service Suppliers upon the Supplier Terms and Conditions upon the Customer accepting the Quoted Terms.
- By entering into this Agreement, the Customer acknowledges that the Customer when contracted with a Service Supplier appointed by Access Waste will have a direct contractual relationship with such Service Supplier upon the Supplier Terms and Conditions and the accepted Quoted Terms and accordingly Access Waste shall not be liable for the performance of such contract by the Service Supplier nor for any act or omission by the Service Supplier.
- FEES & CHARGES
- Unless otherwise agreed in writing between the parties, the Customer shall pay the Quoted Fees by cash, credit card, debit card or electronic payment upon or before entering into the Service Supplier Contract to Access Waste
- As may be discerned from the Supplier Terms and Conditions, the Customer is authorised and irrevocably directed to discharge payment obligations by paying the price referred to in the Quoted Terms to Access Waste
- The Customer acknowledges that Access Waste for itself and as agent for its panel of Service Suppliers reserves the right to vary and amend the fees and charges disclosed on the website at any time at its absolute discretion or at any time prior to the Quoted Terms being Customer Accepted.
- Notwithstanding clause 2.2, in the case of manifest error where normal charges and fees for the contracted service to the Customer would exceed fifty (50%) more, Access Waste for itself and as agent for the contracted Service Supplier reserves the right to terminate the contract.
- In the event the Customer is liable for Additional Charges as defined in the Supplier Terms and Conditions, the Customer agrees that it shall arrange immediate payment of the Additional Charges after being issued a tax invoice for the Additional Charges and shall pay the Additional Charges to the contracting Service Supplier or as it directs.
- Access Waste is hereby irrevocably authorised by the Customer and is at liberty to charge a debit or credit card provided by the Customer for payment of services to the Service Provider for Additional Charges otherwise referred to in Schedule 1 below.
- In lieu of exercising the power and authority under the preceding subclause Access Waste may at its discretion direct that the Customer pay direct and otherwise deal with the Service Provider on any matter concerning Additional Charges referred to in Schedule 1 below.
- WARRANTIES BY ACCESS WASTE
- Access Waste warrants that it has the requisite authority to enter into an agreement with the Service Supplier upon the Quoted Terms and the terms set out in the Supplier Terms and Conditions.
- INDEMNTITIES BY THE CUSTOMER
- The Customer shall be responsible for and shall indemnify Access Waste against liability for all loss, damage or injury to persons or property caused by the Customer in respect to the Customer’s use of the skip bin in any manner whatsoever or the Customer’s employees, subcontractors or agents, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by Access Waste
- Access Waste is licensed to hold or otherwise holds copyright in the Access Waste website and all agreements and documents issued or published by Access Waste and accordingly reserves its copyright rights in respect to such materials.
- The Customer shall not circumvent or approach a Service Supplier directly made known or for which a quotation was received by Access Waste for services at the Site Address quoted upon.
“Customer Acceptance” shall be the communicated acceptance of the Quoted Terms made by the Customer to Access Waste using through the Access Waste Website.
“Quoted Terms” means the terms quoted on the Access Waste Website to the Customer after the Customer entered data into the Access Waste Website and sought a quotation.
“Service Supplier” means the service provider providing services of the type sought by the Customer for skip bins and where the context permits because of a contract between the Customer and a Service Supplier, the Service Supplier contracted by the Customer to perform the services by the Quoted Terms and the Supplier Terms and Conditions.
‘Site Address” has the same meaning as in the Supplier Terms and Conditions
“Supplier Terms and Conditions” means the terms and conditions referred to in Schedule 1 below as amended from time to time or as published on the Website at the time the Quoted Terms are accepted.
“Website” means the website of Access Waste with the web address www.accesswaste.com.au