Here is everything you need to know about purchasing and using the Services ordered through our GoBiz website.
When you place an order with us, the details of which are specified on the Order Summary, you agree to be bound by these terms and conditions (the agreement).
In this agreement (which includes the Order Summary), the following words have these meanings:
Bin means either the bin or cage we supply to you.
Charges means the rates and any other charges as specified in the Order Summary and as otherwise incurred in accordance with this agreement.
Contamination means any material or item in or on a Bin that is not permitted to be included in that Bin in accordance with clause 5.
Contamination Charge means the administrative charge of $20 plus GST per Bin emptied, payable by you if a Bin is contaminated as detailed in clause 10.
Excluded Material means any item, substance or liquid that is explosive, hazardous, illegal, dangerous, a fire hazard or which we are not permitted to transport and includes any material which we may advise you from time to time is excluded.
Garden Waste means ordinary garden waste as determined by us from time to time and includes lawn cuttings, hedge trimmings, weed and leaves or as specified by us from region to region and excludes any Waste, Recyclable Materials and Excluded Material.
Insolvency Event means you cease carrying on business, become or are likely to become insolvent or an arrangement or compromise is made with your creditors, or a receiver, liquidator, administrator or statutory manager (or any other similar official) is appointed to you or you are adjudicated bankrupt.
Notifiable Event has the meaning given that term in the Health and Safety at Work Act 2015.
Order Summary means the order for services completed by you, and generated on our website, at the time you place your order with us.
Recyclable Materials may include paper, plastic, glass and any other materials that are capable of being recycled on commercially reasonable terms as determined by us. Recyclable Materials excludes any Waste, Garden Waste and Excluded Material.
Services means the type of Waste and Materials collection services identified in the Order Summary as may be varied by mutual agreement.
Service Address means your address specified on the Order Summary and any other site added by mutual agreement from time to time.
Term means the term of the agreement specified in the Order Summary. If we continue to provide the Services after the end of the Term (for whatever reason), then this agreement will continue to operate on a monthly basis and is terminable on one month’s notice by either party to this agreement.
Waste means any non-hazardous waste excluding the Excluded Materials, Recyclable Materials and Garden Waste.
we, us and our means Waste Management NZ Limited.
Workers has the meaning given that term in the Health and Safety at Work Act 2015.
you and your means the customer named on the Order Summary.
1. Making orders
You agree to use our Services on a regular basis until the end of the Term or until you end this agreement as set out in clause 13 or we end this agreement as set out in clause 14.
2. Delivering your Bin
If you do not already have a Bin, we will deliver the Bin you chose in the Order Summary within five working days of payment and confirmation of your order.
3. Scheduled collections
As part of our Services we will empty your Bin on the scheduled collection date, or within two working days after your scheduled collection date, unless we have let you know in advance that the date has changed. Where your scheduled collection falls on a public holiday your collection day may change. We will use our reasonable endeavours to be timely and to cause a minimal amount of interference to your operations. If we are not able to complete a scheduled collection, we will refund you the Charge for your missed scheduled collection. To claim your money back, please let us know within 5 working days of your missed Service. However, we will not be liable to pay you a refund for any failure to perform due to circumstances beyond our reasonable control.
You will provide satisfactory access for us and our agents at all reasonable times to deposit, inspect, collect/exchange Bins, Recyclable Materials, Garden Waste and/or Waste and to remove Bins after the end of this agreement. Satisfactory access includes:
· Access – Bins must be placed on a hard and flat surface with access at least 4m wide
· Overhead obstructions – ensure Bin placement has no overhead obstructions such as powerlines or awnings
· Vehicle/Pedestrian Movements – place Bins in areas with minimal pedestrian or vehicle traffic
· Exit from site – ensure Bin placement does not require our driver to reverse out of your site on to a high-speed or dangerous road crossing.
5. Using and looking after your Bin
(a) You will
(i) place only those Recyclable Materials, Garden Waste or Waste (as applicable) into the Bin that the Bin is specifically intended to collect and will do so properly, securely and in a safe manner in strict compliance with all legal requirements.
(ii) place any signs and labels, that we supply you with, on or near the Bin.
(b) You will not
(i) Light fires or place hot embers or hot ash in the Bin, fill the Bin to overflowing.
(ii) Place Excluded Materials or Contamination in the Bin.
(c) If you have ordered a Recyclable Materials Service, you should refer to our website for a description of what materials are allowed in your Bin and what would be classified as Contamination for your region as these may change from time to time and region to region.
6. Ownership of our Bin
We always retain ownership of the Bin. You will not give security over or deal with the Bin in such a way as to detract from our ownership. You will promptly notify us of any damage to the Bin and will indemnify us against any damage, loss, claim, injury or defacement to the Bin or resulting from your use. If we clean the Bin, you will pay our cleaning Charges.
7. Disposal of Recyclable Material
Whenever possible, we will dispose of Recyclable Materials in such a manner that they will ultimately be recycled. However, in some circumstances we may, at our discretion, dispose of the Recyclable Materials via alternative waste technologies or at landfill.
(a) You agree to pay our Charges which are subject to change as set out in clause 9.
(b) The Charges at the commencement of this agreement are as shown in the Order Summary and are based on the Service Address you provided to us, so any change to your Service Address may result in us changing your Charges.
9. Reviewing Charges
(a) If any legislation or authority imposes, varies or increases any tax, levy, ETS or other charge in respect of the Services, then we may increase the Charge to compensate for this adjustment. This change of our Charges will be without any notice to you.
(b) We are entitled to review our Charges from time to time. Where, after a review we decide on an increase in Charges, we will give you at least 28 days’ notice of the increase. If you do not agree with the increased Charges you may cancel the agreement as set out in clause 13.
10. Contamination of Bins
(a) If you do not use your Bin in the way described in clause 5 and the Bin becomes Contaminated, we may not be able to use the Garden Waste or Recyclables Materials the Bins contain. If this happens, we are not obliged to collect that Bin and we may adopt the following process:
(i) If we consider it practical, you will be given an opportunity to remove the Contamination while our truck is onsite to allow collection.
(ii) If the Contamination is not removed whilst our truck is on site, our driver will sticker your Bin identifying Contamination and you will be given another opportunity to decontaminate the Bin;
(iii) If the Contamination is still not removed, a General Waste truck will collect the Bin on the next possible day for General Waste collections in your area.
(b) If we must send a General Waste truck to collect the Bin then we are entitled to demand, and you will pay, the Contamination Charge. The Contamination Charge will be added to your next monthly invoice. The Contamination Charge may change from time to time but will reflect the additional costs to us of dealing with your Contaminated Bin.
(a) You will pay the Charges, without deduction, by the 20th day of the month following the date of our invoice.
(b) If you do not pay our invoices when due and are unable to establish to our satisfaction that you have a legitimate dispute in respect of any invoice, along with our other rights under this agreement, we reserve the right to: (i) temporarily suspend your Services; and/or; (ii) charge interest on the overdue amount at a rate of 2% above our bank’s lending rate from the date the payment was due, compounding monthly.
(c) If the Charges are not paid within 30 days of the due date, we or our debt collection agent may charge you a fee not exceeding 25% of the unpaid portion of such Charges plus our costs of debt collection (including legal and other collection costs).
12. Making Changes
(a) Changes to this agreement: From time to time we may need to change this agreement, including adding new terms. We want to make sure we are acting reasonably and in good faith. If we consider any changes we make could have a detrimental impact on you, we will give you at least 28 days’ notice of the change by emailing you and publishing the change on our website. Unless you give notice to us as detailed in clause 8, continuing to use our Services after being notified in this way indicates you accept the changes.
(b) Changes to Services: We may change how our Services are delivered from time to time. If the change is within our control, we will provide you at least 28 days’ notice of such alterations.
13. Cancelling the Services - You
You may cancel this agreement and our Services before the end of the Term if:
(a) We fail to empty your Bin on the scheduled collection date (as detailed in clause 3 above) and you give us notice of this failure and it is not fixed by us within 30 days from the date of the notice, you may then cancel this agreement upon a further 15 days’ notice to us; or
(b) There is more than 6 months remaining on your Term and you give us at least 2 months’ notice that you no longer require our Services. If there is less than 6 months remaining on your Term, including if the Term is rolling over monthly following the end of the specified Term, you must give us at least 1 months’ notice; or
(c) You do not want to pay the new Charge determined under clause 9 (b) above or you do not agree with the other changes outlined in clause 12(a). You must give us at least 2 months’ notice (except where the Term has rolled over, then only 1 months’ notice). During the notice period you will pay the existing Charge (the Charge immediately prior to the newly determined Charge).
If you cancel the agreement before the end of the Term for the reasons outlined in 13(b) or 13(c) you will pay a Bin removal fee of $50 per Bin plus all other amounts owing under this agreement.
14. Cancelling the Services - Us
(a) We may cancel this agreement to provide the Services to you before the end of the Term with 14 days’ notice if you fail to pay the Charges when due and do not make payment during the notice period, you repeatedly place Excluded Material in your Bin, you damage any Bin in a material way, you endanger the health and safety of our Workers, you suffer an Insolvency Event or you otherwise fail to comply with any other provision in this agreement where such failure is not fixed within 14 days of notice of such failure being given by us to you.
(b) If we cancel this agreement for any of the reasons outlined in clause 14 (a) and there is more than 6 months remaining on your Term you will pay us a Bin removal fee of $50 per Bin plus, (together with any other amounts owing by you under this agreement) the equivalent of 2 month’s Charges, being the same Charge amount you paid in the 2 months preceding the cancellation. If there is less than 1 month remaining on your Term you will pay us the equivalent of 1 month’s Charges, being the same as the amount you paid in the preceding month.
15. Title to Waste, Garden Waste and Recyclable Materials
Title/ownership in the Recyclable Materials, Garden Waste and Waste vests in us when we remove them from your Service Address. Title to, and liability for, Excluded Material always remains with you, even if we have collected them.
16. Health and Safety
(a) The health and safety of our Workers, our customers and our communities is of paramount importance to us. Both parties must consult, cooperate and coordinate, in respect to the provision of the Services so as to ensure that the nature of the Services, the risks arising from the Services, and the controls to be implemented to mitigate those risks are understood and to enable the parties to verify that the risks are being controlled and the Services are being performed safely.
(b) Each party will immediately notify the other of any event including Notifiable Events that causes or has the potential to cause an injury to any Worker at the Service Address.
(c) You will assist us in relation to any investigation into a Notifiable Event or other incident.
(d) Where required, you will attend meetings to discuss health and safety and provide us with all relevant information or documentation in relation to health and safety, including, but not limited to, your health and safety management plan and incident register as they relate to the Services.
17. Your Liability
In addition to the Charges, including Cancellation and Contamination Charges, you will be liable to us for any damage to our Bins whilst in your possession, fair wear and tear excluded, and for any direct loss, expense or liability we incur as a result of you not complying with this agreement. You will not be liable for any consequential loss, other indirect loss, expense, damage or injury such as loss of business or loss of profits sustained by us or any third party.
18. Our Liability
We will pay for any damage we cause to your property, to the extent caused by us, up to a maximum amount equivalent to all Charges paid by you under this agreement in the 12 month period prior to the damage occurring. However, we are not responsible for damage to any access ways or to pipes, cables or other fixtures beneath them caused by the weight of our vehicles. To the maximum extent permitted by law, we are not liable for any other direct, indirect or consequential loss, expense, damage or injury whatsoever, such as (without limitation) loss of business or loss of profits sustained by you or any third party as a result of any action or inaction of ours or as a result of you being unable to use the Bin or us not providing the Service.
You authorise us to collect, keep and use personal information you provide to us to process payment for our Services, or for any other purpose that you authorise, in accordance with our privacy notice. You authorise any third party to provide us with the credit information about you and for us to use such information for any lawful purpose connected with our business. You authorise us to disclose details of this agreement and of our dealings with you to third parties for the purposes of this agreement. We comply with the Privacy Act 2020, and you have the right to access and correct any personal information we hold about you (there may be a reasonable charge for this).
20. Clauses surviving termination
This agreement coming to an end does not affect those clauses that are intended to survive, including, but not limited to, 15, 17,18,19,21,23,24 and25.
21. Personal Property Securities Act
In relation to registration of our ownership in the Bin under the Personal Property Securities Act 1999 (PPSA) you waive the right to receive a verification statement. On our request you shall promptly execute any further documents and do anything else required by us to give effect to this agreement and to ensure that the security interest created under this agreement constitutes and remains a first ranking perfected security interest over the Bin.
We will communicate with you (including notices) via text or email. Please send all your communications to https://www.wastemanagement.co.nz/contact/contact-us
23. Force Majeure
Neither party will be liable to the other for any failure to perform any of the obligations under this agreement during any period, and to the extent in which such performance is delayed by circumstances beyond its reasonable control and that could not have been avoided by the exercise of reasonable care, including fire, flood, earthquake, war, embargo, riot, epidemic, pandemic or the intervention of any governmental authority. During any of these events we may have to change the frequency or delivery of our Services. The parties will work together to ensure that as an essential service, waste collection continues as far as practical during or after a force majeure event.
24. Consumer Guarantees Act
(a) Unless agreed otherwise with us, you represent that you are acquiring the Services for business purposes, and accordingly, subject to (b) below, to the fullest extent permitted by law and solely to the extent it is fair and reasonable to do so, the Consumer Guarantees Act 1993 does not apply to the supply of the Services.
(b) To the extent the Consumer Guarantees Act applies, nothing in this agreement limits your rights under that Act unless it would be fair and reasonable to do so.
(a) You may not assign this agreement without our prior written consent. We may assign or transfer our rights or obligations under this agreement, or subcontract performance of our obligations, without your consent.
(b) Where any provision of this agreement becomes illegal, invalid or unenforceable the remaining provisions of the agreement will be unaffected.
(c) No party shall be deemed to have waived any right under this agreement unless such waiver is in writing and signed by that party. Any such waiver of a breach of any provision of this agreement shall not constitute a waiver of any subsequent or continuing breach of such provision or of the breach of any other provision of this agreement by that party.