TERMS & CONDITIONS

Equipment has been installed in a safe and secure manner.

Staffs using the equipment have undertaken the Safe Operation Procedure training on the equipment.

The equipment/Supplies will be covered by the Customers insurance in the event of theft and/or damage

Smart Waste Solutions Australia reserve the right to have site access to remove the equipment from the site as detailed above should payment not be received within the credit terms.

Machines located outside the areas advised are subject to additional costs – price on application.

TERMS:

Services: means preventative maintenance tasks, diagnostic tasks, installation and commissioning tasks, and other tasks commensurate with maintaining the Equipment Manufacturer’s quality assurance, safety and design standards.

Telephone Support: means calls to a designated AU telephone number provided by Smart Waste to the Customer, for technical assistance in the operation or rectification (if possible) of Smart Waste equipment malfunction during normal business hours (8am – 5pm) and on normal business days (Mon-Fri) excluding AU Public Holidays.

Relevant Agreement: Means the agreement the customer has agreed to with Smart Waste. Including but not limited to: Rental/Lease agreement and/or service agreement. If no agreement is in place standard terms and charges apply as determined by Smart Waste Solutions prevailing terms and rates.

2.0  SERVICES

Smart Waste will supply, perform, and deliver the Services to the Customer at the prices detailed in the Schedule, as and when requested by that Customer, in accordance with the terms and conditions of the Relevant Agreement.

  • The Customer will provide Smart Waste with access to its facilities as may be necessary for the timely delivery of the Services.
  • Smart Waste warrants that throughout the Term, in relation to the Services supplied to the Customer, it will:
  • Deliver the Services in accordance with the specification of the Equipment
  • Retain all necessary rights and permits to supply the Services to the
  • Carry out its obligations under this Agreement with reasonable care, skill and diligence and will employ techniques of a high quality and standard in accordance with best industry
  • Supply the Services in compliance and in a manner that is consistent with all applicable and accepted standards, codes of practice, regulations and statutory requirements and the quality requirements, specifications and other requirements set out in the Relevant
  • Ensure those of its staff and/or agents involved in providing the Services are:
    • Competent, appropriately qualified and, where relevant, registered with or licensed by the appropriate statutory or professional body.
    • Adequately trained and supervised in the safe use of all machinery, tools, processes, substances, protective clothing and equipment, which they may be required to use in relation to supply of the Services.
    • The Customer may postpone a requested Scheduled Service by providing 24 hours’ notice to Smart Waste and Smart Waste will reschedule the postponed Scheduled Service to occur as soon as reasonably practicable and agreed by the Parties.
    • Without limiting any other remedies available to the Customer, Smart Waste will perform its tasks, safety checks and remedial action in line with the level of its agreed
    • Under the terms of the appropriate Service, Smart Waste offers to provide a Telephone Support service to the Customer. Phone Number 08 9248 8681 is provided for initial problem remedy and any problem related question suitably trained Customer staff and/or agent may have in identifying and rectifying a fault with the Equipment. This number is available during normal business hours and during normal business days. Support calls made ‘Out of Hours’ will be answered as soon as is practical.

3.0 EQUIPMENT

  • The Customer will provide Smart Waste with access to the Equipment as may be necessary for the timely delivery of its Services.
  • Smart Waste warrants that the Services applied to the Equipment and supplied to the Customer will continue to comply with the Specifications of the Equipment.

(b)  Meet any additional warranties particular to the Equipment, including (i) quality assurance levels that the Equipment is required to be manufactured to; (ii) safety and design standards that the Equipment must comply with; and (iii) any industry standards or those of Standards AU or industry codes of practice or regulations Smart Waste must comply with.

  • Smart Waste will at all times:
  • Carry out its obligations under this Agreement, with reasonable care, skill and diligence, and will employ techniques of a high quality and standard and in accordance with best industry practices and with all applicable laws.
  • Supply the Equipment in compliance, and in a manner that is consistent, with all applicable and accepted standards, codes of practice, regulations, and statutory requirements, and the quality requirements, specifications and other requirements set out in the relevant Agreement; and
  • Remain the owner or licensee of all the proprietary rights and Intellectual Property in the Equipment and ensure it is not in breach of any Intellectual Property rights of any third

4.0 PARTS, SOFTWARE MODIFICATIONS AND SUPPORT

  • Smart Waste will ensure that all spare parts, accessories and consumables required to provide the Services will continue to be available for all Equipment for a period of five years from when the Equipment is accepted, and that sufficient stock of spare parts, accessories, and consumables, will be held in AU or be readily sourced.
  • Smart Waste will provide to the Customer, during the useful life of the Equipment supplied to that Customer, all subsequent modifications to (in the case of Equipment using computer software) the Equipment’s software for fault diagnosis, and all subsequent hardware technical

5.0 WARRANTY, SCHEDULED SERVICES, UNSCHEDULED AND Callouts

For twelve months from Acceptance of the Equipment (the “Warranty Period”)

Smart Waste will provide comprehensive Support for the Customer in relation to the Equipment

and any spare parts supplied to that Customer as specified in the relevant Agreement. Warranty for Equipment and spare parts incur no cost to the Customer during the Warranty period.

Labour is charged at the prevailing rate.

  • During the Warranty Period Smart Waste offers to provide Scheduled Services, Unscheduled Services, Callouts and Telephone Support in relation to the Equipment supplied to that Customer and the Customer agrees to pay the price for those Services as set out in the
  • After completion of any Service for the Customer, Smart Waste will complete and provide to that Customer a detailed Field Service Report, attaching any preventive or corrective maintenance inspection report specified by the manufacturer, which will record where appropriate:
  • A description of the Equipment serviced and a serial/registration
  • The location of the
  • The nature of the Service tasks carried out (for example, preventive maintenance or corrective maintenance);
  • Details of additional parts/materials used and associated costs (such as freight/travel), in relation to completion of the Service; and
  • The name of Smart Waste’s staff and/or agent performing the Scheduled
    • Scheduled Services undertaken by Smart Waste will ensure that the Equipment supplied to the Customer is maintained in a proper functional Scheduled Services will be provided in accordance with the manufacturer’s recommended preventive maintenance requirements detailed in the manufacturer’s service documentation, including but not limited to: At least one Scheduled Service visit per annum including quality assurance and quality control performance tests, electrical safety tests and system operational tests.
  • Unscheduled Services may be requested at any time by the Customer but are not covered by the terms of a Scheduled Service. Unscheduled Services will be provided by Smart

Waste to that Customer in a timely manner, with Smart Waste’s administration staff responding by telephone within 90 minutes of that Customer’s request for service (during normal business hours). As the equipment is functional (no break down) Smart Waste will aim to conduct the service within 2 weeks. If the equipment is not functional a call-out should be requested.

  • Unscheduled Service Fees are as laid out in the Relevant Agreement
  • Both Scheduled and Unscheduled Services will be provided to the Customer during normal business hours (8am – 5pm) and on normal business days (Mon-Fri) excluding AU Public Holidays
  • Callouts may be requested at any time by a Customer but are not covered by the terms of a Scheduled Service (unless defined within the appropriate Scheduled Service Level – See Schedule). Call-outs will be provided by Smart Waste to a Customer in a timely manner, with Smart Waste’s service staff responding by telephone within 90 minutes of a Customer request for service (during normal business hours), by being available to attend the Customer site within 48 hours of any telephone response and by having the Equipment, replacement Equipment and Spare Parts available for use in the minimum time possible.
  • Call-outs Fees are as laid out in the Relevant If no Agreement in place, subject to Smart Waste Solutions Australia’s prevailing rates.
  • All Scheduled, Unscheduled and Callouts will be:
  • Undertaken where the Equipment is located at the Customer’s premises, unless otherwise agreed by that Customer, at a time(s) reasonably convenient to that Customer.
  • Where practicable, planned to ensure the Equipment is not unavailable for Customer use for more than 8 hours.
  • Provided in compliance and in a manner that is consistent with all applicable and accepted standards including health and safety standards, codes of practice, regulations and all applicable law. In cases where these are not defined the Services must meet the Customer’s standards or reasonable expectations.
  • Carried out efficiently and, where necessary and practicable, all efforts will be taken to minimise the disruption to a Customer’s activities through appropriate scheduling of the tasks to be performed.
  • Be responsible for handing over the Equipment following any Services in a safe condition and ready for Smart Waste will inform the Customer if any Services provided to that Customer are incomplete and supply all necessary details in respect to the further action required to satisfactorily complete the Services.
    • Smart Waste understands that occasionally an ‘Out of Hours’ Call-outs may be requested by a Customer. If the parties agree an ‘Out of Hours’ Callouts, is required (e.g. a lack of action is likely to compromise the security or safety of a Customer’s staff) such Service will incur the charges as laid out in the Relevant Agreement. If no Agreement in place, subject to Smart Waste Solutions Australia’s prevailing rates.
  • Telephone Support Fees are as laid out in the Relevant
  • Telephone Support will be provided to the Customer during normal business hours (8am – 5pm) and on normal business days (Mon-Fri) excluding AU Public Calls made to Smart Waste after normal business hours will be attended to the next normal business day.
  • All benefits/discounts associated with this agreement is seized if payments are

6.0   ACCESS TO CUSTOMER SITES

  • Smart Waste acknowledges that: If Smart Waste is at the Customer’s premises, Smart Waste’s staff and/or agents will observe that Customer’s policies and procedures including those relating to health and safety, and security requirements. The Customer is responsible for informing Smart Waste what the relevant policies and procedures are and provide Smart Waste with a copy of them. A Customer may deny access to the site to Smart Waste or any of Smart Waste’s personnel who do not comply with the requirements of this clause.
  • Smart Waste will take all steps necessary to ensure that no act or omission by it or its staff and/or agents:
  • Causes a hazard or harm to any person on, in or about the Customer’s
  • Is a breach of or causes the breach of any duty or obligation of the Customer under any relevant statute or regulation; or
    • Smart Waste will ensure that when any of its staff and/or agents enters onto a Customer site they:
  • Behave and speak in a manner appropriate to the environment; and
  • Are aware of and comply with all fire and emergency management plans and other security and safety measures from time to time in force at that Customer’s premises.
  • Smart Waste will take all reasonable steps to keep each Customer site in an orderly state and in such a condition as to avoid nuisance and danger to persons and damage to
  • Smart Waste will ensure that, if required by the Customer, all its staff and/or agents wear an identification card approved by that Customer, visibly and always affixed to their clothing while on the Customer site.