TERMS & CONDITIONS

Effective upon acceptance of proposal or confirmation of booking

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This Agreement is entered into between Site Cycle Trading Pty Ltd (ACN 675 806 309) and its subsidiaries (collectively, “Site Cycle”, “we”, “us”, or “our”) and you (the Client, “you”), and sets out the terms and conditions governing the provision of waste management services by Site Cycle.

 

1. Definitions

In this Agreement, unless the context otherwise requires:

• Agreement means this Services Agreement, including any Proposals or incorporated documents.

• Booking or Order refers to any written or verbal request for Services, which upon acceptance by Site Cycle constitutes binding acceptance of the Proposal.

• Proposal means any written or otherwise communicated document (including quotes or scopes of work) outlining the Services and fees offered to the Client.

• Services means the waste management, recycling, asset provision, and associated services set out in the Proposal.

• Waste Assets means any bins, bags, containers, or other physical equipment provided by Site Cycle under this Agreement.

 

2. Engagement and Term

2.1 Site Cycle agrees to provide the Services to the Client in accordance with this Agreement.

2.2 Site Cycle may engage subcontractors, affiliates, or third parties in the delivery of the Services without notice or further consent.

2.3 This Agreement shall be deemed accepted and binding upon the earliest occurrence of:

• the Client’s written or verbal acceptance of the Proposal; or

• the placement of an Order or Booking by the Client.

2.4 This Agreement commences on the date of acceptance (“Commencement Date”) and continues until terminated in accordance with clause 14 (“Term”).

2.5 Each Proposal or Booking accepted during the Term constitutes a separate engagement governed by the terms of this Agreement.

2.6 In the event of inconsistency between the terms of this Agreement and any Proposal, the terms of this Agreement shall prevail unless expressly stated otherwise.

 

3. Waste Assets

3.1 All Waste Assets provided remain the exclusive property of Site Cycle at all times.

3.2 The Client:

• accepts responsibility for the safekeeping and condition of Waste Assets while in their custody or control;

• must not sell, lease, modify, damage, or encumber the Waste Assets in any manner;

• must return the Waste Assets in substantially the same condition in which they were delivered, subject to fair wear and tear;

• is liable for loss or damage to Waste Assets caused during the Term, including due to relocation without Site Cycle’s consent.

 

4. Surveillance

4.1 Site Cycle may, with the Client’s knowledge and subject to applicable laws, install visible optical surveillance equipment (e.g., security camera) on or near Waste Assets for:

• site safety and security,

• prevention of unauthorized dumping,

• protection of Site Cycle property,

• service performance monitoring.

4.2 Appropriate signage and notice will be provided where surveillance equipment is installed, in accordance with privacy laws.

 

5. Client Responsibilities – Waste Asset Placement

5.1 The Client shall ensure:

• there is adequate space and access for delivery, positioning, and collection of bins or bags;

• any required local or council permits are obtained prior to delivery;

• preferred placement locations are clearly marked and communicated in advance.

5.2 Failure to ensure suitable placement and access may result in additional fees and/ or refusal to deliver or collect.

 

6. Delivery & Collection

6.1 All collection and delivery times provided are indicative only and not binding. Site Cycle shall not be liable for any delay caused by access issues, safety concerns, weather, or other conditions beyond its control.

 

7. Waste Materials – Prohibited Items

7.1 The Client must not place the following items in general or mixed waste bins or bags under any circumstances:

• Asbestos or fibro

• Hazardous or medical waste

• Gas bottles, fire extinguishers, aerosols

• Food, liquids, resins, oils, chemicals

• Batteries, rubber tyres, insulation

• Silica dust, vinyl flooring, astro turf, synthetic grass

7.2 Disposal of such items must be pre-arranged with Site Cycle and will be subject to separate fees and handling procedures.

7.3 Where Prohibited Waste is discovered post-collection or on-site, Site Cycle may:

• leave the materials at the premises; or

• impose additional charges for proper disposal.

 

8. Waste Sorting and Contamination

8.1 Accurate separation of waste streams is a condition of fixed-price arrangements and of Site Cycle’s recycling services.

8.2 The Client must:

• disclose expected waste types prior to service delivery;

• ensure no cross-contamination of bins;

• prevent overloading of bins or bags.

8.3 Non-conforming waste types or contaminated loads will be subject to additional sorting, transport, and disposal fees as determined by Site Cycle in its sole discretion and supported by evidence (e.g., photographs).

 

9. Invoicing and Payment

9.1 All prices are exclusive of GST unless otherwise stated.

9.2 Site Cycle will issue invoices to the Client’s nominated email address.

9.3 Payment is due in full within the terms specified on the invoice.

9.4 Late payments may result in:

• suspension of Services without notice;

• interest at the rate prescribed under the Penalty Interest Rates Act 1983 (NSW), accruing daily;

• full indemnity recovery of legal and debt collection costs incurred by Site Cycle.

 

10. Confidentiality

10.1 All reports, data, or materials provided to the Client remain confidential and may not be shared with any third party without Site Cycle’s prior consent, except as required by law.

 

11. Intellectual Property

11.1 Reports, tools, and other materials developed or provided by Site Cycle remain its intellectual property and are supplied solely for the Client’s internal use.

11.2 Unauthorised use or redistribution may constitute a breach of copyright or confidentiality obligations.

 

12. Indemnity & Limitation of Liability

12.1 The Client shall indemnify Site Cycle from all loss, damage, cost, or claim arising from:

• damage caused during pick-up where access has not been safely provided;

• personal injury or property damage resulting from the Client’s actions or breach of this Agreement.

12.2 Site Cycle shall not be liable for:

• indirect, consequential, or special damages;

• loss of revenue, profits, or business opportunities;

• third-party claims arising from the Client’s breach or conduct.

12.3 To the maximum extent permitted by law, Site Cycle’s liability is limited to the fees paid by the Client for the specific Services giving rise to the claim.

 

13. Termination

13.1 Either party may terminate this Agreement by written notice.

13.2 If a breach occurs and is not remedied within 14 days of notice, the non-breaching party may terminate the Agreement immediately.

13.3 This Agreement will automatically terminate if either party becomes insolvent, bankrupt, or ceases to trade.

13.4 Upon termination, Site Cycle may retrieve its Waste Assets from the site without further notice, and the Client consents to access for this purpose.

 

14. General Provisions

14.1 Privacy: Personal information is managed in accordance with Site Cycle’s Privacy Policy, available on request.

14.2 Governing Law: This Agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of its courts.

14.3 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior communications or representations.

14.4 Notices: Any notice may be delivered by post or email to the contact details provided by either party. Notices are deemed received upon delivery or email dispatch, unless otherwise proven.

 

If you require further clarification regarding these terms, please contact us at info@sitecycle.com.au.