“Services” means residential and commercial wheelie bin cleaning services.
“Term” means the period starting on the Commencement Date and ending on the End Date.
Headings are for convenience only and do not affect interpretation.
Singular includes the plural and conversely, and a gender includes all genders.
“Including” and similar expressions are not words of limitation.
These conditions govern the relationship between TWC and the Customer to the exclusion of any other terms and conditions of the Customer contained in any purchase order or similar document issued by the Customer.
TWC will provide the Services during the Term for the Number of Bins at the Location of Bins as regularly as specified in the Frequency of Services.
TWC must provide the Services with a high standard of care and diligence and in accordance with all applicable laws, regulations, codes of practice and regulatory approvals (if any).
The Number of Bins are the bins to be cleaned during the Term and extra bins may only be included with the prior agreement of TWC.
Organic green bins will not be cleaned on a frequent basis and will only be cleaned on a “one off” basis by prior arrangement.
TWC will not clean bins containing motor oil, paint or similar fluids.
The Customer will leave bins out at the Location of Bins until 6:00pm on the day of cleaning. If bins are not left out until 6:00pm on the day of cleaning, fees will still be charged.
TWC will send a complimentary text message to the Customer the night before the day on which the Services are to be provided but will not be responsible for reminding the Customer to leave bins out on the day of cleaning.
TWC will use its best endeavours to deliver the Services on the Customer’s bin collection day, however as a result of uncertainty of time of emptying by rubbish collection trucks, TWC cannot guarantee same day Services. If the Services are not provided on the rubbish collection day, TWC will provide the Services prior to midday the following day.
If the Customer’s bins have not been left out to enable the Services to be provided for three (3) consecutive times and TWC is unable to contact the Customer, provision of the Services to the Customer will be terminated.
Bins must be empty at the time of cleaning. If a bin contains rubbish, the Services will not be provided in respect of the bin or bins containing rubbish.
TWC will not be responsible for damage to extra features on bins such as stickers, numbers and bug killers.
The Customer must pay the Fees Charged to TWC within seven (7) days of receiving a tax invoice from TWC.
TWC will issue a tax invoice to the Customer on a weekly basis.
If the Customer fails to pay TWC’s tax invoice within the time stipulated, TWC is entitled to terminate provision of the Services.
Warranty and Limitation of Liability
TWC warrants to the Customer that the Services will be provided with a high standard of care and diligence in a proper and workmanlike manner and in accordance with the conditions contained in this document.
Except for any warranty expressly made in this document, all conditions, warranties, undertakings or representations express or implied arising by statue, general law or otherwise are excluded to the extent permitted by law.
The liability of TWC to the Customer or any third party for any loss arising as a result of provision of the Services is limited (to the full extent permitted by law) to the cost of providing the Services.
This clause is not intended to exclude, restrict or modify the operation of any provision of any statue which by law cannot be excluded, restricted or modified.
Term and Termination
Subject to the conditions contained in this document, this agreement continues in force for the Term.
Either party may terminate this agreement by giving at least fourteen (14) days written notice to the other party of its intention to terminate the agreement.
Either party may terminate this agreement immediately by giving written notice to the other party if the other party is in breach of the conditions contained in this agreement.
This document contains the entire agreement between the parties as to its subject matter and may only be amended in writing by the parties.
A party must not assign any of its rights or obligations under this agreement without the other party’s prior written consent.
No delay or indulgence by a party in enforcing these conditions will prejudice or restrict the rights of that party, nor will a waiver of those rights operate as a waiver of a subsequent breach.
Nothing in these conditions may be construed as creating a relationship of partnership, joint venture, employment, principal and agent or trustee and beneficiary.
If any condition is or becomes invalid or unenforceable then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down and otherwise the offending condition must be severed and the remaining conditions will operate as if the condition had not been included.
This agreement is governed by the laws of Queensland Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.