Terms
ENVIROPOLES
STANDARD TERMS AND CONDITIONSThese terms serve as a guide to new customers regarding our EP standard terms and conditions. Any variations are able to be negotiated on a case by case basis as required by our customers.
Licence
ENV licenses the Customer to use and permit the use of the EPs for the purpose of disposal of cigarette butts and chewing gum.
Term
The term of this Agreement shall be from the date of client acquisition of the EP’s. This Agreement shall continue from year to year and until terminated in accordance with these terms unless otherwise agreed in writing.
Cleaning the EPs
ENV agrees to regularly clean the EPs. The Customer acknowledges and agrees that only ENV or its authorized staff or sub-contractors are allowed to install, clean, maintain, repair or remove the Eps unless otherwise agreed.
Delivery and installation
ENV will use its reasonable endeavours to supply, deliver and install the EPs at the designated site location within 60 days of the signing of the Customer Request by the Customer. ENV reserves the right to vary the delivery date subject to reasonable notification to the Customer. In no case will ENV be liable for any loss or damage howsoever caused by delay in delivery. If in the reasonable opinion of ENV it is unsafe or impractical to install the EPs at the location requested by the Customer or at alternative locations proposed by the Customer then ENV may notify the Customer that it will not proceed to install the EPs and ENV shall refund all service fees less deduction for the reasonable cost of any attempt to install the EPs which is estimated to be $50.00 for each of the Eps unless otherwise agreed.
The Customer acknowledges and agrees that it shall provide an authorised person to liaise with ENV at the time of the installation and that the Customer:
(a) shall provide access to mains power outlets within 20 metres of the location;
(b) shall notify ENV of any electrical or other cables of piping that may be affected by the installation of the EPs;
(c) warrants that the precise location of the EPs to be installed will be either on land
owned by the Customer or with the prior written consent of the owner of the land;
(d) acknowledges and agrees that the EPs may only be installed by staff or sub
contractors of ENVs; and
(e) acknowledges and agrees that ENV may at its absolute discretion decline to install the EPs at the precise locations specified and may do so at any point within one
Metre of the specified location or decline to install the EPs absolutely and without need for reason.
Inspection
The Customer authorizes ENV, its servants and agents to inspect the EPs at any reasonable time of the day and enter the Customer's property where they believe that the EPs are located for the purpose of Inspecting or testing the EPs or retaking possession of the EPs pursuant to the terms of this Agreement.
Title
Title in and to the EPs shall be retained by ENV. The Customer acknowledges and agrees that the EPs shall not become fixtures of any land or other property but instead shall remain chattels and that the Customer is a bailee of the Eps unless otherwise agreed.
Indemnity
The Customer agrees to indemnify and hold harmless ENV its staff. officers and contractors from and against liability to any person (including the Customer and any other person) arising from or as a result of the installation cleaning maintenance or removal of the EPs.
In the event that this Agreement constitutes the supply of goods pursuant to the Trade Practices Act 1974 (Cwth) ('the Act'), nothing in this Agreement shall restrict, exclude, or modify the application of the Act. To the extent permitted by the Act, ENV limits its liability for consequential loss, for breach of condition or warranty, and its exclusive option:
(i) in the case of the supply of EPs, anyone or more of the following:
(a) the replacement of the EPs;
(b) repair of the EPs;
(c) the payment of the cost of replacing the EPs; or
(d) the payment of having the EPs repaired.
(ii) in the case of the supply of the cleaning services, anyone or more of the following:
(a) supplying the cleaning services again; or
(b) the payment for supplying the cleaning services again.
Cancellation of Agreement
The Customer may cancel this Agreement for no cause within by giving 30 days written notification. The Customer will be liable for payment of a cancellation fee of $100.00 per Enviropole unless otherwise agreed.
Cancellation of this Agreement during a specific contract period where applicable and after payment of all monies due and liable under this Agreement by the Customer will result in all pre-paid monies surrendered and a cancellation fee of no less than 6 months cleaning fees unless otherwise agreed.
If the agreement is terminated by the customer for no cause ENV (acting responsibly) the Customer will surrender all items licensed by ENV to the customer under this agreement. These items will be returned in good working condition.
Variations to the terms and conditions of this Agreement must be in writing and signed by an officer of ENV and the Customer.
ENV may terminate this Agreement if:
(i) the Customer breaches any of these terms and conditions (regardless as to whether ENV has given prior notice); or
(ii) the Customer ceases to own or be in possession of the premises at which the
EPs are located;
(iii) the Customer being a company commences winding-up for the purposes of the Corporations Act 2001 (C'th) (as amended or substituted from time to time) or being a natural person commits an act of bankruptcy.
and then ENV may demand immediate payment of:
(a) the then unpaid balance of rental discounted by the rate of 6% per annum;
(b) an administration fee of $100.00 per unit;
(c) all costs and expenses (including legal costs) incurred by ENV in relation to the termination of this Agreement and removal of the EPs; and
(d) any other charges due under this Agreement, and
(ii) enter onto the Customer's property and take possession of the EPs. Goods and Services Tax
The stated cost of the Licence Fee and other charges under this Agreement shall be exclusive of Goods and Services Tax ("GST) unless otherwise specified. Any GST in respect of a supply by ENV to the Customer shall be payable by the Customer to
ENV and ENV agrees to provide Tax Invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (C'th) (as amended or substituted from time to time).
Acceptance and Confirmation
The commencement of EP billing and customer payment thereafter confirms the EP supply or goods and services and agreement to these terms and conditions unless otherwise agreed.
