BLUBIN TERMS AND CONDITIONS OF SERVICE
1. Averda South Africa (Pty) Ltd (“Averda”) undertakes to render to the customer the service of delivery of a Blubin container at the address indicated in the customer’s online order (“place of delivery”) and the collection and transport of the container with the waste deposited therein, for disposal wherever Averda may elect and any other services incidental thereto (“the Service”).
2. The customer will provide Averda with all relevant information regarding the classification of the waste in respect of which it requires Averda to render the Service and to only place waste specified in the online order in the container. The customer warrants that the information provided in the online order is correct.
3. The customer, or an authorised representative, will be present at the place of delivery on the scheduled delivery date to ensure that it is accessible and to acknowledge receipt of the Service.
4. The customer acknowledges that all waste or material placed in the container will, at Averda’s election, become the property of Averda and the customer hereby indemnifies Averda for any loss or damage to personal effects, material, equipment or other property of any nature deposited in the container.
5. The customer will ensure that any container(s) placed in a public area is adequately covered to prevent waste from being dislodged or removed, or from escaping in any other way.
6. Delivery and performance times specified are estimates only and not binding on Averda.
7. The customer undertakes:
7.1. not in any way to sub-let or assign the use of the container.
7.2. not to withhold the container or fail to allow it to be collected.
7.3. to take all reasonable care of the container.
7.4. not to allow any sign, lettering, insignia, advertisement or the like to be placed on the container and will ensure that any mark or insignia placed thereon by Averda is not removed or damaged.
7.5. to immediately inform Averda in writing of any damage to the container or of any theft or loss of possession thereof.
7.6. to notify the landlord of the property where the container is placed that Averda is the owner thereof.
REFUNDS, ORDER VARIATIONS OR TERMINATIONS
8. The customer may vary or cancel an online order free of charge, provided that Averda receives written notice of variation or cancellation not less than 3 clear business days (Monday to Friday between 08:00 and 16:00, excluding public holidays) prior to the Service date.
9. In the event that the customer varies or cancels an online order:
9.1. 2 business days prior to the Service date, the customer will be liable for payment to Averda of 50% of the online order value (inclusive of value added tax);
9.2. 1 business day prior the Service date, the customer will be liable for payment to Averda of 100% of the online order value (inclusive of value added tax).
10. The customer will provide unhindered and free access to Averda’s fleet and equipment when placing and removing the container or providing the Service, the customer hereby acknowledging that Averda will not be liable for any damage caused to the customer’s property if the customer’s obligations in terms of this clause are breached.
11. A skip container requires an open area of 4-meter length, 4-meter width and 5.2-meter height for placement and collection. A roll-on-roll-off container requires an open area of 6-meter length, 4-meter width and 5.8-meter height for placement and collection.
12. Where a container supplied by Averda is placed in any highway, public road or other public place, the customer will take all necessary measures for the safety of the public and for obtaining the necessary consent from the relevant authority for so placing the container and hereby warrants that such consent will be obtained prior to delivery of the container.
13. The container remains the property of Averda and the customer will acquire no rights therein, except for those stipulated herein.
14. Averda will endeavour to place the container at the customer’s direction, but will not be liable for any damage, loss or harm caused to the customer or the customer’s property as a result of Averda following such directions.
15. A container may not under any circumstances be (re)moved from the place of delivery once it has been placed by Averda. In the event that Averda is lawfully required by a third party/statutory authority to reposition the container between the agreed delivery and collection dates, the customer will notify Averda immediately and be liable for payment to Averda of an additional 50% of the online order value (inclusive of value added tax).
16. Should the place of delivery be inaccessible for placement and/or removal of a container, Averda will wait for 30 minutes from Averda’s time of arrival for the place of delivery to become accessible. Averda will have no obligation whatsoever to render the place of delivery accessible. If Averda, upon the lapse of the 30 minutes waiting period, in Averda’s sole discretion remains unable to place and/or remove the container at the place of delivery, Averda will abandon the placement and/or removal of the container and the customer will be liable for payment to Averda of an additional 50% of the online order value (inclusive of value added tax) for Averda to fulfill the online order. The customer will promptly thereafter advise Averda when the place of delivery will be accessible.
17. A container may not be filled above its top rim, no waste may protrude above or from any direction of the container whatsoever and all waste will be confined within the container’s capacity.
18. Building rubble/sand/stone will only be filled to the marking indicated inside the container.
19. Averda reserves the right to refuse to collect and transport a container in the event that it has been overloaded. In such event, Averda may afford the customer a period of five business days to reduce the container load, failing which Averda may, but will be under no obligation to, undertake the separation, administration and disposal/transport/hygiene costs arising from such overloaded container. The customer will, in the event, be liable for payment to Averda of an additional 150% (one hundred and fifty per cent) of the online order value (inclusive of value added tax), which the customer will pay to Averda on demand
Hazardous and other impermissible waste
20. No hazardous waste (as defined in clause 22) or any waste other than that which was specified in the online order, or corrosive acid, noxious substance, liquid cement or concrete (“impermissible waste”) may be placed in containers. Averda reserves the right to refuse to collect and transport a container that contains impermissible waste. Should Averda determine, in its sole discretion, that a container contains impermissible waste, Averda will afford the customer a period of five business days to unload the impermissible waste from the container, failing which Averda may, but will be under no obligation to, undertake the separation, environmental clean-up, administration and disposal/transport/hygiene costs arising from the presence of such impermissible waste and recover all costs and damages related thereto from the customer, which costs and damages the customer will pay to Averda on demand.
21. Averda will, upon the customer’s request, provide the customer with a separate quotation for the collection, transportation, safe treatment and disposal of impermissible waste at Averda’s prevailing rates for such waste from time to time and a suitable container will be supplied and charged accordingly.
22. The customer warrants that he/she/it has read and comprehends the definitions of hazardous waste as specified in the schedule below and warrants that no hazardous waste will be placed in containers.
Hazardous waste means any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment and includes hazardous substances, materials or objects within business waste (that emanates from premises that are used for commercial, retail, wholesale, entertainment or government administration purposes), residue deposits and residue stockpiles (that result from exploration, mining, quarrying, and physical and chemical treatment of minerals) as outlined below:
• Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing, food preparation and processing
• Wastes from wood processing and the production of panels and furniture, pulp, paper and cardboard
• Wastes from the leather, fur and textile industries
• Wastes from petroleum refining, natural gas purification and pyrolytic treatment of coal
• Wastes from inorganic chemical processes
• Wastes from organic chemical processes
• Wastes from thermal processes
• Waste from the photographic industry
• Wastes from the manufacture, formulation, supply and use (MFSU) of coatings (paints, varnishes and vitreous enamels), adhesives, sealants and printing inks
• Wastes from chemical surface treatment and coating of metals and other materials; nonferrous hydrometallurgy
• Wastes from shaping and physical and mechanical surface treatment of metals and plastics
• Oil wastes and wastes of liquid fuels (except edible oils)
• Waste organic solvents, refrigerants and propellants
• Other wastes not specified in the list
• Construction wastes
• Wastes from human or animal health care and/or related research (except kitchen and restaurant wastes not arising from immediate health care)
• Wastes from waste management facilities
23. The price provided for an online order include the cost of delivery and/or removal of the container/waste as well as value added tax
24. Prices are based on the information which the customer submits to Averda.
25. Averda may vary the price if information provided is incorrect or if Averda has made a good faith error. Incorrect information includes, but is not limited to, incorrect address for place of delivery, insufficient details provided for remote places of delivery, incorrect waste type and waste volume specified when placing an online order.
26. The customer agrees to pay all additional costs resulting from any acts or omissions by the customer, including suspension of delivery or collection, modification of requirements, failure or delay in giving particulars required to enable Averda to render the Service on schedule, or requiring that Averda render the Service earlier than agreed.
LIMITATION OF RISK/LIABILITY OF CUSTOMER AND ASSUMPTION OF RISK/LIABILITY BY CUSTOMER
27. The customer assumes liability for and indemnifies Averda against any action, claim, damage, costs or expenses which may arise as a result of any breach by the customer of these terms and conditions and against any claims made against Averda by any third party arising out of the use or Servicing of a container or caused through any act or omission of the customer or any customer representative.
28. The customer indemnifies Averda against any claims made by a third party for any loss, harm, damages caused by Averda where the road to and from, as well as the place of delivery itself, is off a public road, is a place not constructed or generally rated for heavy weight vehicles in terms of kerbs, pavements, driveways, footings, pipes, manholes, pits or other obstacle(s) in width or height or however such loss, harm or damages may be caused. The customer warrants that it is adequately insured against all such actions, claims, damages, costs and expenses.
29. The customer indemnifies Averda, its agents and representatives against any claim, loss, expense or liability on account of any injury to or death of any person or damage to or loss of any property arising out of any act or omission to act of Averda or its employees in execution of these terms and conditions and Averda will not be liable for loss or damage, including loss of profit, special damages or any indirect or consequential loss caused in or around the Service, or any delays in connection therewith.
30. The customer agrees to pay Averda for any damages to, and repairs or replacement costs of containers, plant or equipment that may be howsoever damaged, lost, defaced or stolen whilst in the customer’s possession and/or at the place of delivery. Should Averda, in its sole discretion, determine that a container so damaged, lost, defaced or stolen should be replaced, the customer shall be liable for payment to Averda of the following amount (excluding VAT):
|6 m3 skip container||R15,000|
|3.5 m3 skip container||R10,000|
|10 m³ roll-on container (3mm sides & 4.5mm floor)||R60,000|
|15 m³ roll-on container (3mm sides & floor)||R65,000|
|30 m³ roll-on container (3mm sides & floor)||R70,000|
The amount will increase where any specification changes have been made to a standard container.
31. Averda will not incur any liability whatsoever to the customer by reason of any failure to deliver, collect or otherwise render the Service timeously or at all, including, but not limited to if such failure is occasioned as a result of any cause which is beyond Averda’s control, force majeure (meaning “superior/greater force”), unavailability or shortage of containers and/or vehicles, disease, accidents, strikes, insurrection, civil commotion, riot, embargo, government requisitions or reservations or other exercises of government authority.
32. These terms and conditions, including the online order, form the entire agreement between Averda and the customer, containing all of the express provisions agreed on by Averda and the customer with regard to the subject matter hereof. No variation, amendment or alteration to the terms and conditions will be of any force or effect unless reduced to writing and signed by both Averda and the customer. If these terms and conditions conflict with any other communications, including the customer’s online order, these terms and conditions will (where applicable) prevail.
33. The customer acknowledges that no terms at variance with the terms and conditions sought to be introduced by the customer will be of any force or effect unless Averda has, in writing, agreed thereto. Averda will not be regarded as having so expressly agreed by virtue merely of Averda having agreed to execute an online order in which the customer has introduced the inconsistent terms and notwithstanding that Averda has not rejected such inconsistent terms.
34. Each clause of the terms and conditions is severable, and if any one or more clauses are found to be invalid or unenforceable, such clause/s will not affect the balance of the terms and conditions, which will remain of full force and effect.
35. Averda may cede or assign any of its rights and/or obligations in terms of these terms and conditions on terms it deems fit.
36. No indulgence, which either party may grant to the other, will constitute a waiver of any rights of the party granting the indulgence, which will not thereby be precluded from exercising any rights against the other party which may have arisen in the past, or which might arise in the future.
37. The customer chooses domicilium citandi et executandi, being the physical address where it will accept service /delivery of all correspondence, notices and legal process for all purposes of these terms and conditions at the place of delivery specified in the customer’s online order.
THE CUSTOMER ACKNOWLEDGES THAT IT HAS BEEN GIVEN ADEQUATE OPPORTUNITY TO RECEIVE AND COMPREHEND THE PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING THE PROVISIONS PRINTED IN BOLD, PRIOR TO ACCEPTING THESE TERMS AND CONDITIONS.