Small Business Terms & Conditions

Definitions

ACL means the Australian Consumer Law at Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Client means the person engaging Premier.

Collection Address includes any site from which Waste is agreed to be removed.

Contract means these Terms, together with any document expressly incorporated into these Terms.

Disposal Facility Locations means the physical location of disposal facilities used to dispose of the Waste, and which may vary resulting in a change in the cost of disposal, as a result of permanent or temporary facility closures or issues relating to operational efficiency.

Disposal Fees means the net cost of the disposal of Waste collected including charges incurred or received from landfills, transfer stations, recycling facilities or third party provider collecting and treating/disposing of the Waste, which are varied by the operators of these facilities from time and may be impacted by changes in commodity prices for recycled materials, and any government tax, levy, fee or charge that applies to waste removal and the associated disposal related services.

Early Break Fee means the reasonable costs incurred by Premier due to an early termination and relating to Equipment collection and removal, bin cleaning and maintenance, administration costs, and Equipment rental costs if Premier is unable to hire Equipment used by the Client prior to expiry of the Term. The costs are described as ‘Contract Break Fees’ and can be viewed here.

Equipment means all equipment including waste receptacles (“Containers”) and other property supplied by Premier.

Fees means the fees charged by Premier to the Client for the provision of the Services calculated in accordance with clause 4.1.

Frequency of collection means the number of times per week Waste is agreed, for the time being, to be removed from the Collection Address.

Further Terms has the meaning in clause 3.3.

Government Charges or Levies means any government tax, levy, fee or charge, that applies to Waste removal, and may be varied by government from time to time resulting in an increase in disposal costs, including Environmental Protection Authority landfill levies.

GST means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Initial Term has the meaning in clause 3.1.

Operating Costs means the costs of operation and administration of waste collection vehicles including capital costs of the fleet, repairs and maintenance, fuel, road tolls, salary, wage costs, and management, administrative and overhead costs, all of which may vary from time to time.

Prescribed Waste means prescribed waste or “Prescribed Industrial Waste” as defined in the Environmental Protection Act 1970 (Vic).

Services means any services provided by Premier to the Client.

Premier means Premier Waste Management Pty Ltd ABN 90 124 936 616.

Small Business Contract means a Contract for Services that satisfies the requirements for a ‘small business contract’ within the meaning of Part 2-3 of the ACL.

Term means the Initial Term and any Further Terms.

Terms means these terms and conditions.

Waste means waste and recyclables agreed to be collected by Premier under the Contract, excluding Prescribed Waste.

Application and Variation

2.1. The Contract governs the relationship between Premier and the Client and applies to all Services provided. This contract is intended for use in all Small Business Contracts.

2.2. The Contract is accepted by Premier when it confirms its acceptance or provides the Client with the Services.

2.3. Premier may refuse to provide the Services, or suspend the provision of the Services, if:

(a) the Client materially breaches any clause of the Contract, or

(b) Premier identifies a material risk to its business, and

(c) such material breach or risk is not remedied within 30 days’ written notice to the Client, unless Premier reasonably considers it needs to act quickly to manage a material and immediate risk raised by the breach, in which case it may provide less or no advance notice of its decision to refuse to provide or suspend the Services.

2.4. The Contract applies and is deemed incorporated in all agreements for the supply of Services, and prevails over any exchanges between the parties, any terms and conditions of the Client or implied by trade custom, practice or course of dealing.

2.5. The Contract may be varied from time to time by written agreement between the parties.

Term

3.1. The Contract commences on the date of signing and continues for an initial period of four years or such other period as is agreed between the parties in writing (“Initial Term”), unless terminated earlier pursuant to clause 7.

3.2. The Contract will terminate upon expiry of the Initial Term if a party provides the other with written notice of termination not less than 30 days prior to the end of the Initial Term.

3.3. If neither party provides the other with a termination notice under clause 3.2, the Contract will remain in effect for one term of one year (“Further Term”) until terminated in accordance with clause 7, except that Premier will allow the Client to terminate the Contract during the Further Term on 60 days’ notice to Premier.

Fees, Invoicing and Payment

4.1. Except as amended in accordance with this clause 4 or as otherwise agreed by the parties, the Fees payable each month will be calculated based on the Bin Pricing and Service Details set out on Page 1 of this Contract, and include the relevant amount for any agreed additional Services provided and any additional applicable charges specified in this Contract, including under clauses 4.7, 5.3, 5.6, 7.6 and 9, and including GST on any of those amounts. The Client acknowledges that the Bin Pricing agreed by the parties and set out on Page 1 of this Contract is based on various factors, including the volume, frequency and type of Services agreed by the parties. Accordingly, if the Client repeatedly uses less Services than as agreed and set out in the Bin Pricing and Service Details on Page 1 of this Contract, Premier may invoice the Client as if the Client had used all Services set out in the Bin Pricing and Service Details on page 1 of this Contract, provided the repeated failure to use less Services than as agreed is not due to a breach by Premier of this Contract or some fraud, negligence or wilful misconduct by Premier.

4.2. The Client acknowledges that:

(a) the Fees are subject to change upon written notice by Premier (with such Fee adjustment applicable to invoices rendered following the date of notice); and

(b) Premier may adjust the Fees during the Term in response to increases in costs involved in the collection and disposal of the Client’s Waste from the Collection Address including Operating Costs, Disposal Fees, changes to Disposal Facility Locations, Government Charges and Levies and/or any changes to the Services requested or effected by the Client, and/or changes to any of the assumptions or Service parameters including frequency of collection, volumes to be collected, waste density, bin locations, site access times, or time required to complete the collection task.

4.3. The Client may request a review of an adjustment to Fees under clause 4.2 within 30 days of being given notice of the adjustment. If Premier and the Client cannot agree on the adjustment within 30 days of the Client requesting a review of the adjustment, Premier may:

(a) increase Fees by no more than 5% per annum or annual CPI, whichever is greatest (and excluding Disposal Fees) based on the Waste Equipment installed at the Collection Address; or

(b) increase Fees by more than 5% per annum or annual CPI, whichever is greatest (excluding Disposal Fees) in which case the Client may if it disagrees with the increase terminate the Contract within 30 days of the adjustment on 60 days’ notice to Premier.

4.4. The Client must pay the amount (including any applicable GST) invoiced by Premier within 14 days of the date of invoice.

4.5. Payment by the Client to Premier must be made in Australian dollars as directed by Premier. Time for payment is of the essence.

4.6. Payments are taken to discharge the Client’s oldest debt and shall first reduce any costs or interest outstanding before reducing the principal debt. Except in the case of manifest error, the date of Premier’s invoice is the sole indication of the date of the provision of the Services.

4.7. If payment is not made within 14 days of the date of invoice, Premier may suspend all further supply of the Services. During the period that supply of the Services is suspended pursuant to this clause 4.7, additional Fees for the provision of the Services will not accrue, however the Client will not otherwise be released from its obligations to Premier pursuant to the Contract, including to pay all outstanding Fees.

4.8. Payment is not deemed received until Premier receives payment in cleared funds. The Client must reimburse Premier for any charges made by Premier’s bank for any negotiable instrument not met on presentation.

Services

5.1. Without prejudice to Premier’s rights under the Contract, the Client must not dispose of any business conducted from the Collection Address, or cease to occupy the Collection Address, without providing 30 days prior notice of its intention to Premier.

5.2. The Client grants to Premier the exclusive right to collect and dispose of all Waste from the Collection Address, to facilitate the collection of Waste and to recover Equipment in accordance with the Contract.

5.3. The Client must ensure that the weight of the Waste deposited in the Containers does not exceed 100kgs per cubic metre. Excessive weight may be invoiced as an extra charge.