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Home / Term's & Condition
Welcome to www.auzmetalrecyclers.com.au, This Agreement describes the terms and conditions associated with your use of this web site.The website,www.auzmetalrecyclers.com.au is owned . Your access to this websites is conditional upon your acceptance and compliance with these terms, conditions and disclaimers within this document and anywhere else on the website. Your use and access to and of the website constitutes your agreement to the Terms and Conditions. Auz Metal Recyclers has the right to change the Terms and Conditions at any time. As you are bound by the Terms and Conditions, you should refer to them in this document and elsewhere on the website from time to time.
1.1 In these terms and conditions (“Conditions”) the following words have the following meanings
1.1.2 “Collection Service” a Service whereby Auz Metal Recyclers collects Waste from the Premises and transports it to the Site for treatment and/or disposal;
1.1.3 “Contract” the contract between Auz Metal Recyclers and the Customer for the supply of the Service or Goods;
1.1.4 “Customer” the Customer or supplier named in the Quotation;
1.1.5 “Customer Vehicles” any vehicles operated by or on behalf of the Customer (other than Vehicles);
1.1.6 “Equipment” any equipment provided by Auz Metal Recyclers in connection with the Service;
1.1.7 “Premises” the Customer premises named in the Quotation;
1.1.8 “Quotation”Auz Metal Recyclers Quotation to the Customer;
1.1.9 “Service” the goods or services supplied, the Collection Service or the Delivery Service specified in the Quotation and “goods” “service”, “serviced” and Servicing are to be construed accordingly;
1.1.14 “Site” the place of deposit, treatment or disposal named in the Quotation or as advised at a later date;
1.1.15 “Vehicles” are vehicles operated by or on behalf of Auz Metal Recyclers(other than Customer Vehicles);
1.1.16 “Waste” the wastes including as the case may be, Hazardous Waste as specified in the Waste Specifications;
1.1.16 Any notice or notification required by these Conditions must be in writing.
Conditions together with the Quotation constitute the Contract to the exclusion so far as is permitted by law) of all other terms and conditions (express or implied), including (without limitation) any conflicting terms of purchase or order which the Customer may seek to impose, and supersedes all agreements, arrangements and representations made at any time unless agreed in writing between the parties, subsequent to the issuing of the Quotation.
3.1 Auz Metal Recyclers agrees:
3.1.1 To Service the Wastes/Material in a proper and efficient manner in accordance with the Contract
3.1.2 Where the Service provided by Auz Metal Recyclers is the sale of goods to supply goods in accordance with the description or specification provided by Auz Metal Recyclers
3.1.3 In the performance of the Collection Service, to comply with all the site safety regulations at the Premises notified to, and acknowledged by Auz Metal Recyclers , prior to the date of the Contract.
3.1.4 To comply in the performance of the Service with all Environmental Laws except insofar as these are the Customer’s responsibility under the Contract.
3.2 All implied terms, conditions and warranties relating to the Service or the quality or manner of its performance are excluded.
4.1 The Customer is to permit Auz Metal Recyclers personnel free and immediate access to the Premises from time to time upon request for the purpose of inspecting and sampling the Waste.
4.2 The parties must notify each other immediately with full details if the Waste serviced or to be serviced does not conform to the Waste Specification.
5.1 The Customer is responsible for:
5.2 Providing a suitable and safe vehicular access to the collection point on the Premises;
5.3 Giving adequate notice to Auz Metal Recyclers personnel of site regulations and safe working procedures insofar as they relate to the provision of the Service;
5.4 Supervising the collection and loading of Waste with Equipment except where this is Auz Metal Recyclers responsibility under the Contract;
6.1 Any Equipment supplied by Auz Metal Recyclers shall remain Auz Metal Recyclers property and the Customer is not to sublet or otherwise part with possession of such Equipment.
6.2 Auz Metal Recyclers may at its discretion at any time replace any Equipment supplied with other Equipment.
6.3 The Customer is:-
6.3.1 Not to paint or mark the Equipment nor to deface or remove any marking upon the Equipment;
6.3.2 Not to overload, improperly load or otherwise misuse the Equipment nor place any wastes other than the Waste therein and there will be no inappropriate mixing or dilution;
6.3.3 Not to burn anything in the Equipment;
6.3.4 To secure the Equipment and any Waste therein against damage, theft, vandalism or scavenging.
7.1 Title to Waste and responsibility for its disposal passes to Auz Metal Recyclers;-
7.1.1 as to Collection Service at the time that the Waste is conveyed off the Premises in the Vehicle;
7.1.2 as to Delivery Service at the time that the Waste is deposited upon the Site by the Customer of the warranties and obligations in the Contract.
7.2 Title to any property (including personal effects) deposited by the Customer or any third party in the Waste shall pass to Auz Metal Recyclers. Auz Metal Recyclers is not bound to return any such property nor is it liable for its loss and damage. The Customer indemnifies to Auz Metal Recyclers against all costs, claims, demands and liabilities in respect of any such property deposited in the Waste.
Neither the Customer nor Auz Metal Recyclers shall sublet or assign the benefit of this Contract except that (without in any way altering the rights or obligations of the parties) Auz Metal Recyclers may assign the benefit of the Contract to an associated or subsidiary company and may employ such of its independent contractors or agents as it thinks fit to perform all or any part of its duties hereunder.
9.1 The Customer shall not make any disclosure to the press, television or radio or any other media of communication relating to the nature of the Waste or any other particulars of the subject matter of this Contract without the prior written consent of Auz Metal Recylcers.
9.2 Neither Auz Metal Recyclers nor its personnel are authorised to make any recommendation given by Auz Metal Recyclers or its personnel to the Customer or its personnel as to the Service or any associated matters unless such representation, recommendation or advice is confirmed by an authorised officer of Auz Metal Recyclers.
9.3 No failure by Auz Metal Recyclers to enforce any provision of this Contract shall be construed as a release of its rights relation thereto or to sanction any further breach.
9.6 No third party shall have any right under the Contract (Rights of Third Parties) Act 1999 in connection with the Contract unless expressly provided for in the Contract.