Canterbury Bankstown Council - Commercial Waste Service Agreement
Terms & Conditions
General
These are the terms and conditions upon which CBC, hereinafter referred to as "CBC", agrees to supply services.
The "Customer" means any person who enters into a contract with CBC for the purchase of waste collection services. The Customer has the authority to enter this agreement and give CBC access to property, if necessary.
A quotation or price given by CBC is valid for 30 days, but no contractual relationship shall arise until the Customer's order has been accepted by CBC.
CBC reserves the right to vary, modify or revoke this Agreement at any time, providing notification to the Customer in writing and taking effect from the date of notification.
Prices
All prices shall be those referred to in Council's price lists and/or arrangements current at the date of invoice and prices shall be subject to change without notice.
Terms of Payment
Payment for the service must be quarterly in advance.
The service must be paid for before the commencement of the quarter in question (i.e.; payment by end of December, March, June or September). CBC may commence legal proceedings for recovery of any debt, including costs.
Termination of Agreement
This Agreement may be terminated by the Customer giving notice in witting to CBC. Such notice is to be received at least one month prior to termination date. No refunds will be offered for monies already paid.
This Agreement may be terminated by CBC if accounts are not paid by the due date, or if it is deemed the Customer has breached any other clauses in this Agreement.
Note: Cancellation of this Agreement will require 30 days’ notice.
Property and Risk
The Customer shall be responsible for any loss or damage to waste receptacles for any reason whatsoever except loss or damage caused by reasonable wear and tear. It is agreed that the repair or replacement of waste receptacles shall be paid for by the customer. The charge shall be the value of the receptacle at that time plus delivery charges. The receptacle shall always remain the property of CBC.
The Customer agrees to store waste receptacles on their property; however, shall present receptacles as required at the designated collection point. Receptacles are to be returned to the property by the Customer after collection.
The Customer always agrees to insure the integrity of the waste receptacle. This includes ensuring the drainage plug is in place and the lid is shut preventing the waste receptacle filing up with rainwater and contaminants leaching into the stormwater system.
If the Customer commits any breach of this Agreement, for repossessing waste receptacles CBC may enter into or upon any premises where waste receptacles may be, without prejudice to the rights of BCC to recover from the Customer any monies due and the Customer indemnifies CBC in respect of any claims, damages or expenses arising out of any action under this clause.
Waste not collected
The Customer will not place in the waste receptacle any waste that is classified by the Environmental Protection Authority (EPA) as industrial or hazardous. Further information on the classification of industrial or hazardous waste is available from the EPA.
However, as a guide, this includes paint, paint solvents and cleaners, chemicals or empty chemical containers, pesticides (poisons or baits), pharmaceuticals and poisons, asbestos, radioactive waste, liquid waste, toxic or corrosive substances, flammable liquids and solids, explosives, gases, sharps waste, clinical waste and cytotoxic waste.
The Customer acknowledges that should industrial or hazardous waste be placed in waste receptacles, then those receptacles will not be emptied. Should however this not be evident until after the emptying of a receptacle, then the Customer will be liable for the cost of the tipping of all the waste so far collected in the waste collection vehicle at the appropriate tipping fee at an authorised industrial/hazardous waste site.
The Customer acknowledges they are entitled to a set number of services as agreed to in this agreement and are not entitled to refunds for non-presentation of bins.
