“Agreement” means the Agreement and the terms set out in this document.
“Equipment” means all containers and other plant and equipment supplied by Limitless Recycling for or under this Agreement, all of which remain the property of by Limitless Recycling.
“Site” means the clients premises on page 1 (“Site Address”) and any other premises which the client occupies or uses as its business premises.
“Services Charges” means the charges specified on page 1 of this Agreement.
“Services” means all services provided by Limitless Recycling including collection and provision of security containers and information and document destruction by shredding and in relation to a container, and exchange or the handling of that container by an Employee of Limitless Recycling.
2. Client Obligations
The Client agrees: –
- That Limitless Recycling has the exclusive right to supply the services to the site for the term of the Contract.
- To disclose to Limitless Recycling all information in the client’s possession relevant to the provision of the services.
- To comply with all legal requirements and requirements of all relevant regulatory authorities relating to the services.
- To use the equipment only for its proper and intended purpose.
- To provide Limitless Recycling such access to the equipment and the site as is reasonably required to enable Limitless Recycling to provide the services safely and efficiently.
- Not to damage deface or remove identifying marks from the equipment.
- All equipment supplied by Limitless Recycling remains the property of Limitless Recycling. in the event that any equipment is lost, misplaced or damaged the client shall repair the equipment to its original state or replace it at the expense of the client.
- To pay Limitless Recycling the total of the service charges payable under this agreement for the term of this agreement (whether or not the client requires the services) within 14 days of the date of invoice.
- Any credit claims must be made within 30 days from the invoice date.
- Interest at the rate of 12% per annum on daily balances will be paid by you (the client) on overdue payments between the due date and the date of payment.
- Not to assign its interest under this agreement without the prior written consent of Limitless Recycling.
- To indemnify Limitless Recycling against loss or damage to Limitless Recycling property and against and claim or action which may be brought or made by any person against Limitless Recycling, its employees and agents in respect of any personal injury or death of any person or loss of or damage to property caused by a negligent or wrongful act or omission of the customer or its employees, other contractors or agents.
3. Limitless Recycling Responsibilities
To perform the services in accordance with this Agreement provided that Limitless Recycling’s liability at law is limited to: –
- The re-supply of the services; or
- At Limitless Recycling’s option the payment of the cost of the re-supply of those services.
4. Default by client
If the client breaches this Agreement (including without limitation) a failure to pay any money under its terms Limitless Recycling may at its election sue the client for liquidated or unliquidated damages and take and other steps available to Limitless Recycling at law including termination of this Agreement. The liquidated damages to which Limitless Recycling is entitles will be calculated by the following formula a = b x c where a = the liquidated damages, b = the weekly or monthly service fees specified in this agreement and c = the number of weeks or part of the week remaining in the term of this Agreement. The customer will in addition pay all other costs incurred by Limitless Recycling.
Limitless Recycling accepts no liability whatsoever for and claim loss or damage of any kind without limitation. Limitless Recycling will not be liable for non-performance of the services caused by and act omission or event beyond its control.
5. Terms, Termination and Renewal
- The terms of this Agreement is one year from the date of this Agreement and thereafter successive periods of one year each or where the services comprise an on call agreement on the completion of that on call agreement.
- Upon the expire of the term of this Agreement the parties agree that it shall be renewed automatically for further period of one year from the date of such expiry of the terms are as contained in this document. (subject to any variation which Limitless Recycling at that time requires) unless either party has delivered a notice in writing to the other at least 60 days prior to the expiry of this Agreement terminating the Agreement. The charges for service under any new agreement shall be those charges currently imposed by Limitless Recycling at the time of commencement of the new agreement.
- This agreement shall not be affected by any change in the client’s address, other than possible increase in service charge should the new address no be within Limitless Recycling’s service area.
6. Privacy Matters
To comply with the Privacy Amendment Act 1990 as amended, the client, acknowledges that Limitless Recycling has informed them, in accordance with Section 18E (a) (c) of the Privacy Act 1988 as amended, that certain items of personal information about it contained in this Agreement and permitted to be kept on credit information file, might be disclosed to a credit reporting agency.
At the client’s request, Limitless Recycling shall supply a Certificate of Destruction for document destruction services
All prices are exclusive of GST which will be charged in addition to all other charges and paid by the customer at this time.