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Terms & Conditions of Purchase of Goods and Services

Wastech Services Pty Ltd

1. CONTRACT

  1. 1.1. The following documents form the entire Agreement between the parties:
    1. (a) the Order;
    2. (b) these terms and conditions; and
    3. (c) any other document referred to in the Order.
    If there is any inconsistency between the documents listed above, precedence will be given to the document highest in the list unless expressly agreed otherwise.
  2. 1.2. By commencing to supply the Goods or Services, the Supplier unconditionally accepts the terms and conditions of the Agreement and any terms or conditions proposed by the Supplier are expressly excluded regardless of how provided.
  3. 1.3. The Supplier acknowledges that:
    1. (a) an offer to acquire the Goods or Services by Wastech is conditional on the Supplier’s acceptance of these terms and conditions; and
    2. (b) any acceptance by Wastech of an offer by the Supplier to supply the Goods or Services is conditional on the Supplier accepting these terms and conditions.
  4. 1.4. To the extent permitted by Law, any statement, representation or promise made in any document, negotiation or discussion has no effect except to the extent expressly set out or incorporated by reference into this Agreement.
  5. 1.5. The Supplier must obtain all permits, approvals and licences required by Law to supply the Goods and perform the Services.
  6. 1.6. The Supplier must ensure that the Goods or Services:
    1. (a) comply with the Law and applicable Australian Standards of Standards Australia Ltd;
    2. (b) conform precisely in quality, quantity, specification and all other respects with any description provided to Wastech by the Supplier or nominated by Wastech to the Supplier;
    3. (c) are in accordance with the Agreement;
    4. (d) are fit for the purposes for which goods and services of the same kind are commonly supplied and for any other purpose made known to the Supplier; and
    5. (e) meet the standards that would be expected of a skilled and experienced supplier who supplies goods and services similar to the Goods and Services.
  7. 1.7. The Supplier must ensure that the Goods:
    1. (a) are new, of merchantable quality and free from defects in materials and workmanship;
    2. (b) are free from all Security Interests, liens, charges and encumbrances of any kind; and
    3. (c) comply with any samples inspected by Wastech prior to or after the Order was issued.
  8. 1.8. In performing its obligations, the Supplier must act reasonably and honestly, must perform the Services in a good and workmanlike manner, and exercise the standard of care expected of a supplier regularly engaged in the business of supplying similar goods and services.
  9. 1.9. Wastech may direct the Supplier at any time to vary, amend, increase, decrease, omit or change the quality, character, extent or amount of Goods or Services (Variation). If the parties cannot agree the adjustment to the Price or Delivery Date for a Variation, Wastech will determine a reasonable increase or decrease to both the Delivery Date and Price, if applicable.

2. DELIVERY AND COMPLETION

  1. 2.1. The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice.
  2. 2.2. Delivery will have occurred only when the Supplier has:
    1. (a) delivered the Goods to the Site, and unless otherwise specified in the Order, unloaded the Goods at the location designated by Wastech’s representative or in the Order, and received written confirmation of receipt from Wastech; and
    2. (b) completed the Services (including the provision of all deliverables and products of the Services and all third party warranties to Wastech) and received written confirmation of completion from Wastech.
  3. 2.3. The Supplier must achieve Delivery by the Delivery Date and in any case expeditiously and without delay.
  4. 2.4. If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to Wastech for liquidated damages at the rate set out in the Order (if any) for each day that Delivery is delayed beyond the Delivery Date, until the earlier of:
    1. (a) liquidated damages incurred meet the limit, if any, set out in the Order;
    2. (b) the Agreement is terminated by Wastech; or
    3. (c) Delivery is completed,
    but if no rate is set out in the Order, Wastech will be entitled to common law damages for the delay.
  5. 2.5. Wastech:
    1. (a) may postpone the Delivery Date for any duration and for any reason in its absolute discretion, at any time before or after the Delivery Date; or
    2. (b) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies Wastech in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement of the Delivery Date.
  6. 2.6. Any delay by Wastech in postponing the Delivery Date will not set time at large.
  7. 2.7. The Supplier may not subcontract any of its obligations without the prior consent of Wastech. Despite any consent, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions of the Agreement.

3. SECURITY

  1. 3.1. If required by Wastech, the Supplier must provide the Security specified in the Order.
  2. 3.2. Within 10 business days of Delivery, Wastech shall release part of the Security so that the total value of the Security held shall not be more than 2.5% of the Price.
  3. 3.3. Within 10 business days of the end of the Warranty Period, Wastech shall release any Security then held by Wastech provided that there are no moneys owed from the Supplier to Wastech.

4. DEFECTIVE GOODS AND SERVICES

  1. 4.1. If Wastech determines that any Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of the Agreement (Defective) the Supplier must do any of the following, at its cost, as determined by Wastech in its absolute discretion:
    1. (a) re-take possession of the Defective Goods and refund the Price for the Defective Goods to Wastech; or
    2. (b) Deliver replacements of the Defective Goods or re-perform the Defective Services; or
    3. (c) repair the Defective Goods or remedy the Defective Services,
    and reimburse Wastech any damages or loss it has suffered as a direct result of the supply of the Defective Goods or Services. These rights are in addition to any other rights of Wastech under the Agreement, at Law or in equity.
  2. 4.2. If Wastech requires the Supplier to re-take possession of Defective Goods, the Supplier must collect the Defective Goods within 14 days from the date when Wastech so notifies the Supplier, failing which Wastech may (but is not obliged to) return the Defective Goods to the Supplier at the Supplier’s cost and risk.
  3. 4.3. The Supplier warrants that for the Warranty Period, it will at its cost repair or replace any defective Goods or Services which become apparent under normal working conditions during such period. All replacements or repairs must be carried out at the times notified by Wastech and so as to minimise any inconvenience to users of the Site.
  4. 4.4. The Supplier must do all things to ensure that Wastech has the benefit of any warranties given by any third parties in respect of Goods and must give Wastech all documentation relating to such warranties. Third party warranties are in addition to the warranties of the Supplier.
  5. 4.5. If the Supplier fails to correct Defective Goods or Services as and when directed under clause 4.1, Wastech may, without further notice to the Supplier, engage another to replace or repair Defective Goods or re-perform Defective Services and all costs and damages suffered by Wastech in connection with the Supplier’s failure shall be a debt due and payable to Wastech.

5. INSPECTION AND TESTING

  1. 5.1. Wastech or its nominee may inspect and test the Goods at any time before or after Delivery.
  2. 5.2. The Supplier must provide, and ensure its suppliers and subcontractors provide, all reasonable access, assistance and facilities necessary for such inspection and testing.
  3. 5.3. Any inspection or testing by Wastech or its nominee does not relieve the Supplier of any responsibility or liability under this Agreement and is not an acceptance of the Goods or Services.
  4. 5.4. The Supplier must provide all test certificates and related documentation as required by the Agreement, Law or Wastech.

6. PRICE AND PAYMENT

  1. 6.1. The Price is fixed and includes all taxes (except GST), duties, charges, levies, freight, insurance, packaging and all other costs and expenses incurred by the Supplier in connection with the supply of the Goods and Services and performance of its obligations under this Agreement.
  2. 6.2. Wastech is not liable to pay for any Goods or Services not specified in the Order.
  3. 6.3. Wastech must pay the Price within 30 days from the end of the month in which Wastech receives a valid tax invoice, unless otherwise stated in the Order.
  4. 6.4. Wastech may set off against the Price any amount owing by the Supplier to Wastech (including under any other agreement).
  5. 6.5. Payment of the Price does not constitute acceptance of Goods or Services or prejudice any rights of Wastech.
  6. 6.6. Wastech may withhold payment where it disputes in good faith any part of an invoice, provided it pays the undisputed portion.

7. INSURANCE

  1. 7.1. The Supplier must, at its own cost, effect and maintain for the duration of the Agreement and until completion of all obligations:
    1. (a) public and product liability insurance for not less than AUD 10 million per claim;
    2. (b) workers compensation insurance as required by Law; and
    3. (c) any other insurance required by Law or specified in the Order.
  2. 7.2. On request, the Supplier must provide Wastech with certificates of currency and evidence of payment of premiums for all required insurances.
  3. 7.3. The Supplier must ensure its subcontractors effect and maintain equivalent insurance cover.

8. INDEMNITY AND LIABILITY

  1. 8.1. The Supplier indemnifies Wastech, its officers, employees and agents from and against all liability, loss, damage, cost or expense (including legal costs on a full indemnity basis) arising out of or in connection with:
    1. (a) any breach of this Agreement by the Supplier;
    2. (b) any negligent, wilful or unlawful act or omission of the Supplier, its employees, agents or subcontractors;
    3. (c) any claim that the Goods or Services infringe any Intellectual Property Rights of a third party; or
    4. (d) any death or injury to any person or loss of or damage to property arising from or in connection with the Goods or Services.
  2. 8.2. Wastech’s liability to the Supplier is limited to the amount of the Price paid for the relevant Goods or Services.
  3. 8.3. Wastech is not liable to the Supplier for any indirect or consequential loss, loss of profit, revenue, production or business opportunity, or damage to goodwill, arising out of or in connection with this Agreement.

9. CONFIDENTIALITY

  1. 9.1. The Supplier must treat as confidential all information, documents and data provided by Wastech or generated in connection with the Agreement (Confidential Information).
  2. 9.2. The Supplier must not disclose or use Confidential Information except:
    1. (a) to perform its obligations under this Agreement;
    2. (b) with Wastech’s prior written consent; or
    3. (c) as required by Law.
  3. 9.3. The Supplier must ensure its employees, agents and subcontractors comply with this clause 9.
  4. 9.4. The Supplier must immediately return or destroy all Confidential Information on request or on termination of the Agreement.

10. INTELLECTUAL PROPERTY

  1. 10.1. All Intellectual Property Rights in any material provided by Wastech remain the property of Wastech.
  2. 10.2. All Intellectual Property Rights created by or on behalf of the Supplier in the course of performing the Agreement vest in Wastech immediately on creation.
  3. 10.3. The Supplier must do all things necessary to assign and transfer such rights to Wastech and to enable Wastech to secure registration or protection of those rights.
  4. 10.4. The Supplier grants to Wastech a perpetual, worldwide, royalty-free licence to use any pre-existing Intellectual Property Rights incorporated in the Goods or Services to the extent necessary for Wastech to use the Goods or the results of the Services.

11. TERMINATION

  1. 11.1. Wastech may terminate this Agreement or any part of it immediately by written notice to the Supplier if:
    1. (a) the Supplier breaches any provision of this Agreement and fails to remedy that breach within 7 days after receiving notice requiring it to do so;
    2. (b) the Supplier becomes insolvent or bankrupt or is placed in liquidation, receivership or administration; or
    3. (c) the Supplier assigns or subcontracts this Agreement without Wastech’s prior written consent.
  2. 11.2. Wastech may at any time, by written notice, terminate the Agreement for convenience. Upon such termination Wastech must pay the Supplier the Price for Goods or Services satisfactorily supplied to the date of termination, but is not liable for any other costs, damages or loss of profit.
  3. 11.3. Termination does not affect any accrued rights or remedies of either party.

12. WARRANTY

  1. 12.1. The Supplier warrants that all Goods and Services will:
    1. (a) conform to their description and specifications;
    2. (b) be of merchantable quality and fit for their intended purpose;
    3. (c) be new (unless otherwise agreed in writing); and
    4. (d) comply with all applicable Laws and Australian Standards.
  2. 12.2. The Warranty Period for the Goods and Services is 12 months from the date of Delivery, or such longer period specified in the Order or offered by the Supplier.
  3. 12.3. The Supplier must promptly correct, at its own cost, any defect in the Goods or Services notified during the Warranty Period.
  4. 12.4. The Supplier must ensure that Wastech has the full benefit of any manufacturer’s warranties.

13. GOVERNING LAW

  1. 13.1. This Agreement is governed by the laws of the State or Territory in which the Goods or Services are supplied.
  2. 13.2. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State or Territory and of the Commonwealth of Australia.

14. WORK HEALTH AND SAFETY

  1. 14.1. The Supplier must comply with all applicable work health and safety laws and regulations, and with all Wastech policies and procedures while on any Wastech site.
  2. 14.2. The Supplier must ensure that all personnel engaged in providing the Goods or Services are appropriately trained, qualified, and equipped to perform their work safely.
  3. 14.3. The Supplier must immediately report to Wastech any accident, injury, near miss, or unsafe condition arising out of or in connection with the Goods or Services.
  4. 14.4. Wastech may direct the Supplier to remove from its site any person who fails to comply with work health and safety requirements.

15. ASSIGNMENT AND SUBCONTRACTING

  1. 15.1. The Supplier must not assign, novate, or subcontract any part of this Agreement without Wastech’s prior written consent.
  2. 15.2. Any permitted assignment, novation, or subcontracting does not release the Supplier from any of its obligations or liabilities under this Agreement.

16. NOTICES

  1. 16.1. Any notice or other communication under this Agreement must be in writing and may be given by hand, post, or email to the address or email specified in the Order or otherwise notified by a party.
  2. 16.2. A notice is deemed to be received:
    1. (a) if delivered by hand — at the time of delivery;
    2. (b) if sent by post — on the fifth Business Day after posting; or
    3. (c) if sent by email — when the email is capable of being retrieved by the recipient at the recipient’s email address.

17. GENERAL

  1. 17.1. The Supplier is an independent contractor and nothing in this Agreement constitutes a relationship of employment, agency, or partnership.
  2. 17.2. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements in relation to its subject matter.
  3. 17.3. A waiver or variation of any term of this Agreement must be in writing and signed by Wastech.
  4. 17.4. If any provision of this Agreement is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  5. 17.5. The rights and remedies provided under this Agreement are in addition to any other rights and remedies available at law or in equity.
  6. 17.6. The Supplier must not make any public statement or announcement about this Agreement or its subject matter without Wastech’s prior written consent.