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- 1. Definitions:
- 1.1 "Delivery Note" shall mean the service document presented for signature by the Supplier to the Client.
1.2 "Waste" shall mean such waste of the nature specified in the Delivery Note
1.3 "Service" shall mean the service to be performed by the supplier to the Client
1.4 "Container" shall mean the movable structure chosen by the supplier, at is sole discretion, for the storage and removal of the Clients waste
1.5 "Third Party" means any other generator of waste contracted by the Client
1.6 "Quotation Schedule" means the agreed prices for service between the two parties.
1.7 "Equipment", means the container or any other items of equipment used including pipes, connections and trailers.
1.8. "Supplier" means Commercial Waste Services.
1.9. "Client" means the customer the service is being provided to.
2. Service
The Supplier undertakes to render to the Client the service of removal and safe disposal of waste generated by the Client or their third party and any service incidental to the service as outlined in the delivery note.
3. Duration of Service
3.1 The service between Supplier and the Client will commence on the date of signing this contract and shall endure for a period of one (1) month. Thereafter the contract shall be renewed automatically for successive identical periods unless either party has provided the other with written notification of cancellation thereof of not less than seven days, to take effect on the anniversary date of the commencement date.
3.2 During this period the Client agrees to use only the supplier for the removal of all waste streams excluding Medical Waste and no other Waste Contractor
3.3 If the Client uses another Waste Contractor in the removal of any waste other than the waste stream indicated, the Supplier reserves the right to charge the Client for the work which they would have done at full value price.
3.4 If the Supplier, for whatever reason cannot supply the service, then and only then may the Client call in a third party and only for that particular job.
4. Contract Price and Payment
4.1 The customer shall pay the supplier the amount reflected on the invoice in accordance with the price agreed upon by both parties as outlined in the quotation schedule, within thirty days of statement date, by way of preferred payment by means of electronic transfer.
4.2 There will be no deductions for early payment or any form of discounted price.
4.3 Not withstanding the foregoing the supplier reserves the right to increase the quotation schedule price should either the retail selling price of fuel or landfill charges be increased by more than 5% of the price prevailing at any time; or the supplier be obliged to conform with any amendments to procedures in the handling and disposal of the waste as a consequence of either a statutory provision requiring such amendment, necessary technology being introduced in order to comply with codes of conduct, or where amended service procedures are required to cater for a change in the composition of the Clients waste.
4.4 Any increase contemplated in 4.3. Shall only come into effect after written notice from the supplier to the client of not less than one calendar month other than where in those circumstances contemplated in 4.3. Above, such amended procedures have become necessary as a consequence of an omission on the part of the Client to correctly inform the supplier of any change in the nature of the waste in which event such increase shall apply retrospectively to the date of implementation of such amended treatment procedure.
4.5 The contract price shall on the anniversary of the commencement date, increase by an amount based on the percentage inflation rate of the preceding twelve months.
4.6 Immediately upon signature hereof, the client shall apply to the supplier for credit facilities for the purpose of such monthly payments and shall provide the supplier with all relative information in this regard as required in the Suppliers standard application form.
4.7 Until such time as the credit application has been approved, the Client will be required to submit payment before the service can be supplied.
4.8 In the event of the Client breaching any payment terms then:-
4.8.1. The Supplier reserves the right to immediately suspend all services without liability to the Client for any damages which the Client may suffer as a consequence thereof; and
4.8.2. All outstanding amounts due to the Supplier shall attract an interest at the prevailing overdraft rate as charged, to the Supplier by its bankers, plus 2.5%.
4.8.3 The Client shall not be entitled by reason of any claim or complaint which it may have against the Supplier in terms hereof or otherwise, to defer or withhold or refuse payment of any monies payable to the Supplier hereunder.
4.9 Prices quoted in the quotation schedule exclude V.A.T.
5. Client Obligations:
For the duration of the agreement, the Client shall:-
5.1. Provide the Supplier with all relevant information as to the contents of the waste it requires the Supplier to transport and dispose of which it warrants is substantially correct;
5.2. Submit, upon request representative samples of the waste to the Supplier for analysis as well as pay for the testing of such samples which amounts will appear on the monthly statement.
5.3 disclose to the supplier any fact of which it may be aware, which are or may be material to the method of handling, transporting, processing or disposing of the waste, which may result in a threat to any person or property, or give rise to any claim against the supplier.
5.4. Ensure that the supplier or its agents have free and unhindered access to allow the suppliers vehicles to remove waste.
6. Containers and equipment
6.1. Containers shall, where ownership is reserved by the Supplier, remain the property of the Supplier in which the Client shall acquire no rights, save for those specifically provided for in this agreement.
6.2. For as long as the containers remain in the custody and/or under the control of the Client, the Client shall not permit or allow any over-loading, nor any damage to be caused thereto, and shall take all reasonable care of the container.
6.3 The customer shall not allow any sign, lettering, insignia or advertisement or other device to be placed on the containers and shall ensure that any mark or insignia placed thereon by the Supplier is not removed in any way.
6.4. The Supplier shall maintain the equipment hired in good and proper working condition throughout the period of this agreement. The Customer undertakes to notify the Supplier where possible of any fault occurring in the equipment. In the event of the loss or damage to equipment the Client shall be responsible for the replacement cost of the Suppliers container.
6.5 The Client accepts the equipment to be suitable for the waste by their signature appearing on the delivery note and any defect found thereafter will not hold the Supplier responsible in anyway whatsoever and will be responsible for the replacement charges or cleaning up if there is a spillage.
6.6. The Client shall keep rented equipment in his possession or control and shall on demand from the Supplier inform the Supplier of its whereabouts.
6.7 The Client shall refrain from using the equipment for any unlawful purpose or otherwise contrary to law.
6.8 The Client shall be responsible for any loss or damage to rented equipment and inform the Supplier in writing of any damage to the equipment or any theft seizure or loss of possession of the equipment or of any change to the hirers address.
6.9 The Client shall notify the landlord or owner of the property that the equipment being installed shall remain the property of the Supplier at all times. The Client shall not permit any landlord hypothec to be operative over the equipment.
7. Suppliers Obligations:
7.1. For the duration of the agreement, the Supplier shall:-
7.1.1. be obliged to collect the waste from the Clients premises as described in the delivery note, and transport such waste to such licensed transfer station and/or disposal site as the Supplier in its sole discretion shall determine; and
7.1.2. Ensure that such disposal shall be effected at a transfer station and/or disposal site duly licensed for such purpose, and, where so required undertake to provide the Client with an authorised disposal certificate document to such effect.
7.2. The Supplier shall maintain the waste areas where waste material is stored in accordance with the conditions laid down from time to time by any competent authority, including but not limited to, the regulations contained in the permit granted to the Supplier in terms of the Schedule Trade Certificate and Waste Management License as amended.
8. Limitation of Liability
8.1 The Client assumes liability for and indemnifies the Supplier against any action, claim, damage, costs or expenses which may arise as a result of any breach by the Client of the terms of this agreement, the loss of or damage to any property deposited in any of the containers and claims made against the Supplier by any third party arising out of the use or servicing of the containers or caused through any act or omission of any servant of the Client.
8.2 The Client indemnifies the Supplier, its agents and representatives against any claim, loss, expense or liability on account of any injury to or death of any person or damage to or loss of any property arising out of any negligent act or omission to act of the Client or its employees in execution of this agreement; and the Supplier shall not be liable for loss or damage including loss of profit, special damage or any in-direct or consequential loss whether caused in or around the servicing of the containers, or any delays in connection therewith.
8.3 The Supplier shall not incur any liability whatsoever to the Client by reason of any failure to deliver, collect or otherwise service any container timorously or at all if such failure is occasioned as a result of any cause which is beyond the control of the Supplier, force mojeure, unavailability or shortage of containers and/or vehicles, disease,, accidents, strikes, insurrection, civil commotion, riot, embargo, government requisitions or reservations or other exercises of government authority.
9. Breach
In the event of the Client breaching this agreement and failing to remedy such breach within a period of seven (7) days of dispatch by the Supplier of written notice to the customer to such effect, then the Supplier shall be entitled, but not obligated forthwith and to remove any container from its location, without prejudice to the Suppliers rights to recover from the Client whatever amounts may be owing to it, either in the form of arrears payments or damages in respect of any unexpired portion of the agreed period.
10. Jurisdiction
The parties consent to the jurisdiction of the Magistrates Court in respect of any action to be instituted here-under.
11. General
11.1. Amendments of any of the terms and conditions set forth here-under which are inconsistent with some other arrangement recorded in writing and signed by the parties shall be of no force or effect.
11.2. This agreement embodies the entire understanding of the parties and there are no terms, conditions or warranties whether express or implied, other than those contained herein, and any amendment to this agreement shall not be binding on the parties unless reduced to writing and signed by all parties affected by such amendments.
11.3 In the event of any party hereto allowing any other party any leniency, extension of time or indulgence, this shall be without prejudice to the rights of the party granting such leniency, extension of time or indulgence, who shall be entitled to enforce his rights in terms hereof at any time.
12. Domicile
The Client chooses as domicile citandi et executandi for the purpose of service of all summonses, processes and other notices, its physical address supplied to the Supplier and written on the Statements hereof.
List of Addendum's
(These Addendum's also forms part of the Agreement)
13.
A.1. Call for service
1) When calling for service during normal working hours, the Client is to send an e-mail to the Supplier which must contain an order number and all other relevant details appertaining to the Clients requirements.
2) Normal Office hours are Monday - Thursday 07h30 - 16h30
Friday 07h30 - 15h30
Saturday 07h30 - 12h00
3) The e-mail address for requesting service during normal working hours will be admin@comwaste.co.za; paul@comwaste.co.za cc anesh@comwaste.co.za bcc
