Terms & Conditions

Terms & Conditions for Signal Waste & Recycling

COLLECTION AND DISPOSAL SERVICES:
Subject to the following conditions, Signal Services PTY LTD trading as Signal Waste (assigns with its successors, its servants, agents, and sub-contractors called “the Contractor”) shall make available to the person, persons, company, or corporation shown on the front of this agreement as the customer (called “the customer”) goods/equipment/services specified on the front of this agreement and shall perform the collection and disposal service as specified on the front of this agreement subject to the due and punctual payment by the customer of the charges set forth on the front of this agreement. The customer shall ensure clear and easy access to the serviceable equipment.

WEIGHT LIMITS AND OVERLOADING:
The customer must not fill the equipment beyond the maximum height in which water would rest in the equipment, nor place material in the equipment beyond the following weight limits: - 8,000kg for bulk containers (hook lift and roll on roll off bins), 150kg for 1.5 cubic metre, 300kg for 3 cubic metre, 450kg for 4.5 cubic metre, 140kg for 660 litre and 50kg for 240 litre containers, or above the weight limit defined in kilograms on the front of this agreement.

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 customer’s 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.

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 an agreement cannot be reached for a further term, then the existing agreement and terms and conditions will remain in place.

CHARGES:
The customer must pay:

• Time for payment for goods/equipment/services being of the essence. All service and rental 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 contractor in the cost of disposal, materials and labour, and increases to density of waste) 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 customer’s scheduled collection day or time, such additional charges as are reasonably determined by the contractor.
• The additional cost of disposing of any waste above the maximum height or weight limit specified in clause 2 or above the weight as defined in kilograms on the front of this agreement, including any fines and penalties.

EQUIPMENT OWNERSHIP:
Equipment will at all times remain the property of the contractor. The contractor may at any time replace the equipment with similar items of the same type as may be necessary during the term of the contract.

DAMAGE TO EQUIPMENT:
The customer shall compensate the contractor for the loss or any damage caused to the equipment (other than fair wear and tear), whilst in the possession of the customer. The customer undertakes and agrees not to use such equipment for any purpose other than for storage and placement of waste materials for collection, removal, and disposal by the contractor. The customer warrants to the contractor that no explosive, deleterious, or toxic material which is on fire, or could cause fire, or dangerous substances of any kind shall at any time be stored or placed in the equipment. The customer shall be responsible for all losses or damage which may arise and for all costs and other expenses relating to or resulting from any breach of the agreement, and the customer shall keep the contractor fully and effectually indemnified from and against liability in respect of it.

NOTIFICATION OF DAMAGE:
The customer shall notify the contractor of any loss of or damage to any of the equipment on the next delivery date after the occurrence of such loss or damage. The customer shall pay to the contractor on demand the replacement costs of any equipment lost or damaged (reasonable wear and tear accepted).

RETURN OF EQUIPMENT:
Upon termination of this agreement, the customer must:

• Return all equipment to the contractor or, if they fail to do so, pay to the contractor upon demand the cost of replacing such equipment, and
• Permit the contractor to enter the premises where the equipment is kept to remove the equipment upon request.
• Pay to Signal Waste & Recycling a transport charge for the bin removal where applicable.

NO MECHANICAL COMPACTION:
The customer must not use mechanical means to compact material in the equipment without prior approval and must not allow any person or part thereof inside the equipment.

MATERIAL AND WASTE PROHIBITED:
The customer shall not, without the prior written consent of the contractor, place in any equipment free-flowing viscous materials or any of the substances or things listed as wastes and falling within the meaning of the Environment Protection Act 1993. No earth, bricks, rubble, or any other fill or masonry is to be placed in any equipment of which the capacity is 4.5 cubic metres or less.

INCINERATION OF MATERIAL:
The customer shall not cause or permit any material to be burned in the equipment.

WASTE TITLE:
Customer must accept the return, at the customer’s expense, of any substances or things listed as wastes and falling within the meaning of the Environmental Protection Act 1993 and any waste for which the customer has not paid for services.

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.

TERMS OF AGREEMENT:

• This agreement is for an initial term of thirty-six (36) months from the date of its acceptance by the contractor or the term specified in special instructions on the front of this agreement.
• At the end of each thirty-six (36) month period or term specified in special instructions on the front of this agreement, this 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.
• The contractor may end this agreement by written notice to the customer if at any time the customer fails to make payment as required by this 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:
  • A = B x C x 50% where:
  • A = The amount to be paid
  • B = The number of months remaining of the current term of the agreement at the time of termination.
  • C = The average of the last three (3) months charges payable by the customer at the time of termination or the monthly charge calculated by reference to the service frequency and capacity and all rates and charges as specified on the front of this agreement, whichever is the greater.

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.

INDEMNITY:
The customer is solely responsible for and fully indemnifies the contractor against any loss or damage arising under or in connection with:
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FORCE MAJEURE:
In the event of any strike, lockout, national or global pandemics, and/or the implementation of regulations, directions, rules, or measures being enforced by governments or embargo, including but not limited to any government-imposed border lockdowns or 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 this agreement, then this agreement may be suspended by the contractor at its option for the duration of such event or events.

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 obligations under this 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 this 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.

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 this agreement.

STATUTES:
In this agreement, a reference to any statute extends to any amendments, consolidation, or replacement of it or any part of it.

PRIVACY POLICY:
All emails, documents, images, or other recorded information held or used by the contractor is Personal Information, as defined and referred to in clause (b), and therefore considered Confidential Information. The contractor acknowledges its obligation in relation to the handling, use, disclosure, and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The contractor acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the customer’s Personal Information held by the contractor that may result in serious harm to the customer, the contractor will notify the customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the customer by written consent, unless subject to an operation of law.

The customer agrees for the contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the customer in relation to credit provided by the contractor.

The customer agrees that the contractor may exchange information about the customer with those credit providers and with related body corporates for the following purposes:

• to assess an application by the customer; and/or
• to notify other credit providers of a default by the customer; and/or
• to exchange information with other credit providers as to the status of this credit account, where the customer is in default with other credit providers; and/or
• to assess the creditworthiness of the customer including the customer’s repayment history in the preceding two years.

The customer consents to the contractor being given a consumer credit report to collect overdue payment on commercial credit.

The customer agrees that personal credit information provided may be used and retained by the contractor for the following purposes (and for other agreed purposes or required by):

• the provision of Goods/Equipment; and/or
• analysing, verifying, and/or checking the customer’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or
• processing of any payment instructions, direct debit facilities, and/or credit facilities requested by the customer; and/or
• enabling the collection of amounts outstanding in relation to the Goods/Equipment.

The contractor may give information about the customer to a CRB for the following purposes:

• to obtain a consumer credit report;
• allow the CRB to create or maintain a credit information file about the customer including credit history.

The information given to the CRB may include:

• Personal Information as outlined in (b) above;
• name of the credit provider and that the contractor is a current credit provider to the customer;
• whether the credit provider is a licensee;
• type of consumer credit;
• details concerning the customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
• advice of consumer credit defaults (provided the contractor is a member of an approved QAIC External Disputes Resolution Scheme), overdue accounts, loan repayments, or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the customer no longer has any overdue accounts and the contractor has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
• information that, in the opinion of the contractor, the customer has committed a serious credit infringement;
• advice that the amount of the customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

The customer shall have the right to request (by e-mail) from the contractor:

• a copy of the Personal Information about the customer retained by the contractor and the right to request that the contractor correct any incorrect Personal Information; and
• that the contractor does not disclose any Personal Information about the customer for the purpose of direct marketing.

The contractor will destroy Personal Information upon the customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

The customer can make a privacy complaint by contacting the contractor via e-mail. The contractor will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the customer is not satisfied with the resolution provided, the customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

Please note that a larger print version of these terms and conditions is available from the contractor on request.