CONTRACT TERMS AND CONDITIONS

  1. Supplier agrees to carry out regular cleaning and reporting to Department of Environment and Heritage Protection (Formerly Environmental Protection Agency) to council’s cleanliness requirements.
  2. If waste trap/tank/bin has not been cleaned/emptied by another waste service provider on a regular basis, cost of INITIAL servicing only may be up to quadruple the contracted price.
  3. Should waste trap/tank/bin not be serviced on the “servicing regularity” stipulated above, and the waste trap/tank/bin contains partially solidified or excess waste, or, if due to circumstances out of the ordinary, the waste trap/tank/bin contains partially solidified or excess waste, a surcharge will be applied exceeding no more than triple the contracted price to cover extra time spent on site & disposal costs.
  4. Customer agrees to ensure clear access is provided to the waste item. Should access not be provided on the day scheduled for waste removal, customer will be charged a minimum $50 call out fee.  This fee can be waived at the supplier’s discretion.  Servicing will then be rescheduled for a more convenient time/day.
  5. Contract has no cooling off period.
  6. This contract is NOT transferrable without written approval from Lee’s Environmental.
  7. Customer must NOT assign any of its rights or obligations under this agreement without Lee’s Environmental written consent and this agreement will bind the legal representatives, successors and permitted assigns of the parties.
  8. Lee’s Environmental may assign its rights and obligations under this agreement to any related party by written notice to the customer.
  9. Should the customer wish to exit the contract prior to the nominated “Service Agreement Renewal Date” for any reason other than where the supplier has not provided the services as stipulated, or if the business closes and will not be reopening at another location, the customer will be required to pay 50% of the remainder of the total cost of the contract. The supplier reserves the right to waive this fee at their discretion.  If the customer changes address and continues operating same or similar business, this agreement will remain in effect at the new address and LEE’S will transport the equipment (if any) at it’s expense to the new site. All installation costs at the new site, if applicable, are to be paid by the customer
  10. Competitive Pricing. During the term of the agreement, except during agreed fixed price periods, Lee’s Environmental (LEE’S) undertakes to consider any “reasonable offer”* by another party in writing to the customer to perform the services described above. At its discretion, LEE’S may offer a new 1 (one) year contract at an agreed price for the services. If agreement cannot be reached for a new contract then the existing contract and terms and conditions will remain in place. * For the purpose of this agreement a “reasonable offer” is an offer from a competitors regular price list provided in writing on company letterhead and excludes any specials or discounted offers that are uncommercial, predatory or below-cost.
  11. The customer acknowledges that unless purchased through a separate agreement, equipment left by Lee’s Environmental at a site remains the property of LEE’S at all times.
  12. Price increases: At each “Service Agreement Renewal Date”, price may increase by the rate of C.P.I. or in line with waste disposal price increases at supplier’s discretion. Customer will always be notified in excess of one month prior to any price increases being applied.
  13. Scheduled runs. The prices quoted are for services provided on a regular scheduled run. LEE’S will attempt to schedule services for a time suitable to the customer. If the customer requires a service at a time that does not fit into a scheduled run, surcharges may apply.
  14. Time Windows. LEE’S will do its best to perform services during requested time windows, but accepts no liability where such performance is prevented or hindered in any way.
  15. The customer agrees to: a) Not compact waste except where the equipment provided is compaction equipment. b) Maintain the equipment in a sanitary condition. c) Instruct all personnel in the safe and proper use of the equipment.  d) Not remove the equipment from the site to which it was delivered without permission.  e) Not deface or otherwise damage the equipment.  f) Reimburse LEE’S for the cost of repairs for damage to the equipment while in direct control or possession of the customer except for fair wear and tear.  g) Indemnify LEE’S in respect to all claims, suits and demands for damages caused directly or indirectly to any person or property (including the customer) by, through or in connection with the use or operation of the equipment or and part thereof where such damage shall have been caused through no act, neglect or default on the part of LEE’S.  h) Inform LEE’S if the equipment is damaged, in a dangerous condition or in need of repair.  i) Grant LEE’S exclusive rights to the removal of waste and recyclables from the premises specified and not engage a second party for waste or recyclables removal during the term of this agreement.
  16. Ground surfaces. The customer warrants the ground surfaces traversed by LEE’S’s vehicles are suitable for the purpose and acknowledges LEE’S will not be liable for any damage resulting except in a case of gross negligence by LEE’S.
  17. The customer acknowledges that the weight of the waste deposited in the equipment (where the equipment is supplied by Lee’s Environmental – does not apply to liquid waste) shall not exceed 80 kilograms per cubic metre. Excessive weight may be invoiced as an extra charge at the discretion of LEE’S.
  18. Allowable waste only. The customer shall ensure no flammable, combustible, regulated, prescribed, hazardous or dangerous goods are placed in the equipment provided, or into any liquid waste receptacle unless specifically cited in a written agreement with LEE’S. The Company, including its directors, officers, agents and employees shall not be held responsible for the incorrect and unauthorised disposal of such goods in the provided equipment or into liquid waste receptacles.
  19. Payment Terms. The customer agrees to pay for the service subject to the Payment Terms listed above and acknowledges service may be suspended if payment is not received. During the period of suspension normal charges will apply to cover expenses associated with the overdue payment including but not limited to, interest, administration, legals and equipment capital return.
  20. To the maximum extent permitted by law, the customer shall be responsible for and indemnify LEE’S from and in respect of liabilities, claims, damages, actions, costs and expenses which may be incurred by LEE’S as a result of or arising out of any breach by the customer of any of the warranties, covenants and conditions herein.
  21. No termination without final payment. Payment in full of all monies outstanding must be made before this contract can be terminated. The equipment (if applicable) will not be removed until such payment is made and rental for the equipment may be charged if delays in payment of the final account occur.
  22. Privacy Act. The information on this document will be handled using the ten National Privacy Principals. Our Privacy Officer can be contacted on 07 3206 4844 for any enquiries regarding the Privacy Act.