1. SERVICE CONDITIONS
1.1. CTI will conduct document shredding at our shredding plant located in Bibra Lake. In the event of machinery breakdown, CTI reserves the right to engage a third party to provide shredding support during any plant and equipment down time if deemed necessary.
1.2. CTI is responsible to provide service equipment which includes secure lockable wheelie bins and destruction cabinets used to provide destruction services to the Customer. This equipment will remain the property of CTI at all times. The Customer shall be responsible for any loss or damage of this equipment while in their control at their premises. The replacement or repair will be at the cost of the Customer.
1.3. CTI will ensure all service equipment remains clean and well maintained at all times.
1.4. It is at the discretion of the Customer if service equipment is left at their premises locked or unlocked. CTI may charge a call out fee to lock or unlock a bin if solely requested by the Customer to do so. An equipment key can be provided to the Customer on special request.
1.5. Customers that reside in premises on upper levels or Customers that operate from multiple level offices and require service equipment to be located on upper levels must have either a lift, escalator or ramp. In the absence of a lift, escalator or ramp to access upper levels CTI will only provide 100 litre cabinets or 120 litre bins. CTI Staff are not permitted to manoeuvre large 240 litre bins up or down stairs.
1.6. A Futile service charge will apply if CTI attends the Customers premise and is unable to service the Customers destruction bin for any reason.
1.7. If the Customer has entered this agreement for CTI to provide a scheduled service, CTI will carry out the destruction service on the agreed schedule service date regardless of the Service Equipment capacity of disposed material.
1.8. Customers that have entered into agreement for a scheduled destruction service are welcome to additional equipment services outside the scheduled service dates. If the service request falls greater than five working days from the next scheduled service date, an interim service will be provided in addition to the next service which will take place as per the scheduled arrangement. If the service request falls less than five working days from the next scheduled service date, the next scheduled service date will be brought forward and service provided to the Customer at that time. In either circumstance the ongoing schedule is maintained as per the agreed service arrangement.
1.9. Customers that enter into agreement for a scheduled destruction service cannot change the schedule frequency during the term of the agreement. When an agreement expires the Customer can enter into a new scheduled arrangement as required and CTI will price the service accordingly.
1.10 Customers that enter into agreement for an adhoc destruction service requesting service as needed will have the equipment serviced a minimum of every six months regardless of Service Equipment capacity of disposed material.
1.11 The Customer may be held responsible for repair costs if CTI’s shredding plant and equipment is damaged by foreign items not approved or considered suitable for shredding. The following office and stationary materials CANNOT be discarded in destruction bins or cabinets to be shredded.
- Wet paper, general rubbish and food wrappings
- Toner cartridges
- Glass, metal, or wood items
- Media items – tapes, DVD’s, X-rays etc.
- Lever arch files or similar
- Metal binders
- Bulldog clips
If bins are found to contain sensitive confidential non paper products such as media storage devices the Customer will be subject to additional incineration charges for the secure destruction of these foreign items. A 50% shredding surcharge will apply if lever arch files or similar are located in document shredding bins. This surcharge applies to cover the additional labour cost associated with the removal of bound documents from files prior to shredding and the subsequent disposal cost of the empty files.
2.1 Right to Rely on Instructions: CTI may act in reliance upon any instruction or signature reasonably believed by CTI to be genuine and may assume that any of the Customer’s employees or any employee of the Customer’s affiliates or subsidiaries giving written notice, authorisation, request or instruction has the authority to do so.
2.2 Compliance with Contracts, Laws and Regulations: The Customer shall be responsible for and warrant compliance with all contractual restrictions and all applicable laws and regulations, including but not limited to environmental laws and contractual restrictions and laws governing the confidentiality, retention and disposition of information contained in any materials delivered to CTI. CTI shall comply with applicable laws, regulations and ordinances.
2.3 Cooperation and Assistance: The Customer shall cooperate with CTI with regard to performance of the services subject to normal security requirements and in a manner that is not unnecessary disruptive to the Customers business operations, by providing CTI with such information, data access to premises, management decisions and approvals as may be reasonable for CTI to perform the services.
2.4 Hazardous Materials: The Customer will not deliver to CTI any material considered to be toxic or dangerous or which is regulated under the Dangerous Goods Act 2004 (WA) relating to hazardous materials. In the event of accidental or negligent transfer of hazardous or regulated waste the Customer agrees to arrange to appropriately, safely and legally assume custody of such hazardous material at their expense. The Customer will also indemnify CTI from any property damage or personal injury resulting from such transfer of material.
2.5 Performance of Services: All services performed by CTI will be conducted in a professional manner.
2.6 Material Descriptions: Itemised lists such as records management catalogues that details descriptions of contents of materials that are submitted by the Customer to CTI shall be generally considered for record keeping reference purposes only and not considered as proof that the said documents detailed on such lists and descriptions are in fact contained in the materials delivered to and accepted by CTI.
3. TERM AND TERMINATION
3.1 Term: This Agreement commences on the Commencement Date and continues at all times while CTI is providing the services to the Customer until terminated in accordance with the provisions of this Agreement. The initial term is for 2 years from the Commencement Date, unless mutually agreed in writing. Upon the expiry of the initial term this Agreement is automatically extended for successive periods each of 12 months unless the Customer gives notice to CTI at least 30 days prior to the term expiry date that it does not wish the term to be extended. Where such notice is given this Agreement is to terminate 90 days from the date of the Customer’s notice.
3.2 Termination with Cause: Without prejudice to any other right or remedy, whether under this Agreement, under statute or otherwise, either the Customer or CTI may terminate this Agreement by giving the other party not less than 30 days written notice to the other party if:
I. The other party breaches any material obligation under this Agreement; and
a) The breach is not capable of being remedied; or
b) The breach is capable of being remedied and the defaulting party fails to remedy the breach to the non-defaulting party’s satisfaction within 30 days after notice in Writing has been given to the defaulting party requiring such breach to be remedied.
II. An Insolvency Event occurs in respect of the other party.
3.2 Termination without Cause: Either party can terminate this Agreement without cause by giving 90 days’ written notice. During the termination period, CTI will continue to provide the services to the standards defined in this Agreement.
4. INVOICES AND PAYMENT
The Customer will be invoiced on a monthly basis unless otherwise agreed in Writing. The Customer must pay CTI the fees and charges for the Services within 30 days of invoice date.
CTI’s Rates represent the exclusive value of the supply for GST purposes, unless specifically stated to include GST. Any GST payable must be paid by the Customer to CTI in the same manner and at the same time as the consideration for the supply is required to be paid by the Customer under these terms and conditions.
“Confidential Information” means any information relating to the Customer’s property, business and affairs. Unless such Confidential Information was known to CTI free from any obligation to keep it confidential, is subsequently made public by the Customer or by a third party having a legal right to make such disclosure, or was known to CTI prior to receipt from the Customer, it shall be held in confidence by CTI and shall be used only for the purposes provided in this Agreement. CTI shall use the same degree of care to safeguard the Customers confidential information as it uses to safeguard its own. CTI may comply with any subpoena or similar order related to materials delivered to CTI by the Customer. In such an event, CTI will promptly notify the Customer of such subpoena or notice unless prohibited by law to do so. The Customer shall pay CTI reasonable costs for such compliance.
6. LIABILITY AND WARRANTY
6.1 Limitation of Liability: CTI shall not be held responsible or liable in any manner whatsoever for the release or loss of any materials deposited in bins or otherwise delivered to CTI for secure destruction unless the release or loss is due to CTI’s negligence or wilful misconduct. CTI’s maximum liability for any and all claims by the Customer arising with respect to the services provided under this Agreement shall not exceed the aggregate amounts paid by the Customer with respect to the service provided at the particular Customers premises during the six months preceding the event which gives rise to a claim.
In no event shall CTI be liable for any consequential, incidental, special or punitive damages regardless of whether the action is brought in tort, contract or any other theory.
6.2 Ownership Warranty: The Customer warrants that it is the owner, legal custodian or otherwise has the right to deliver for confidential destruction any and all materials the Customer provides CTI hereunder. The Customer shall reimburse CTI for any expenses reasonably incurred by CTI (including legal fees) by reason of CTI complying its obligations under this Agreement to destroy such materials in the event of a dispute concerning the destruction of the materials provided by the Customer to CTI.