The Terms That Apply When You Engage Our Services
1. Definitions
“Administration Fee” means the fee applied by Med-X to cover the costs associated with additional administration, including the creation of special reports and issuing certificates.
“Agreement” means the applicable service agreement and the associated Terms and Conditions.
“Associate” has the meaning given to that term in the Corporations Act 2001 (Cth).
“Bank Rate” means the small business (variable) overdraft rate published for the preceding month by the Reserve Bank of Australia for the month the debt was outstanding.
“Base Fuel Month” means the month the Fuel Surcharge was introduced or any subsequent date when the Fuel Surcharge was realigned. The Base Fuel Month is published on the Med-X website.
“Base Fuel Price” means the base price for diesel at the time the Fuel Surcharge was introduced or any subsequent date when the Fuel Surcharge was realigned. The Base Fuel Price is published on the Med-X website.
“Business Day” means a day that is not a Saturday, Sunday or public holiday in the city where the relevant Site is located.
“Business Unit’s Fuel Component Weighting” means the proportion of the vehicle’s operating costs attributable to fuel.
“Client” means the client specified in the applicable service agreement.
“Current Fuel Price” means the preceding monthly Terminal Gate Price (TGP) for diesel as published by the Australian Institute of Petroleum (AIP).
“Eligible Data Breach” has the same meaning as in the Privacy Act 1988 (Cth).
“EPA Certificate” means a certificate issued by the relevant regulatory authority in connection with the provision of information regarding the tracking of applicable waste
“Fuel Surcharge” means the surcharge applicable to the services as set out in the service agreement and on Med-X’s website.
“Equipment” means all containers and other plant and equipment supplied by Med-X for or under this Agreement, all of which remain the property of Med-X.
“Parties” means Med-X and the Client.
“Personal Information” has the same meaning as in the Privacy Act 1988 (Cth).
“Service Charge/s” means the charges referred to in the applicable service agreement and as set out on Med-X’s website.
“Services” means all services provided by Med-X, including the collection and provision of hygiene, washroom, clinical waste and / or sharps disposal services, as detailed in the applicable service agreement. Services also includes the agreed treatment and disposal method and, in relation to a container, the exchange or the handling of that container by an employee, contractor or agent of Med-X.
“Service Delivery Times” means the Service Frequency specified in the applicable service agreement.
“Med-X” means Med-X Pty Ltd.
“Site/s” means the Client’s premises specified in the applicable service agreement (“Site Address”) and any other premises which the Client occupies or uses as its business premises.
2 . Client’s Obligations
The Client agrees:
- to provide Med-X all information in the Client’s possession reasonably required by Med-X to supply the Services safely and efficiently;
- to comply with all legal requirements and requirements of all relevant regulatory authorities applicable to the Client relating to the exchange, handling and destruction of products and materials;
- to use the Equipment only for its proper and intended purpose;
- not to damage, deface or remove identifying marks from the Equipment;
- to pay Med-X the Service Charges payable under this Agreement within 14 days of the date of invoice;
- to pay interest at the Bank Rate on daily balances on overdue payments between the due date and the date of payment;
- not to assign its interest under this Agreement without the prior written consent of Med-X, which will not be unreasonably withheld; and
- to indemnify Med-X against loss or damage to Med-X’s property (including the Equipment) and against any claim or action which may be brought or made by any person against Med-X, its employees, contractors or agents in respect of any personal injury or death of any person or loss of or damage to property caused by a negligent or wrongful act or omission of the Client, its contractors or its agents.
3. Med-X’s Obligations
Med-X will:- provide the Services to the Client in accordance with the Service Delivery Times, or otherwise in accordance with this Agreement. The Client is still required to pay Med-X all applicable Service Charges irrespective of the volume of materials at the Site, including if Med-X attends the Site and there are no materials;
- exercise the level of professional skill and care reasonably expected of a reputable and prudent company engaged in services of a similar nature, in accordance with current best practice and all applicable laws;
- in carrying out the Services, comply with all reasonable instructions issued by the Client including liaising and conferring with others as directed by the Client; and
- observe all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Client’s Sites.
4. Site Access
- The Client must provide Med-X access to the Equipment and the Site/s as is reasonably necessary to enable Med-X to provide the Services safely and efficiently at the Service Delivery Times.
- Subject to clause 4(iii), if Med-X cannot provide the Services for any reason outside the Client’s control, including but not limited to:
- the Site being closed due to public holidays; or
- the Site being closed and the closure being notified to Med-X by giving a minimum of 30 days’ prior written notice, Med-X will, at its discretion, either:
- provide the Services on the next available date for the Service; or
- offer the Client a credit on its next invoice for the Services not provided.
- If Med-X cannot provide the Services for reasons within the Client’s or an Associate of the Client’s control, including but not limited to:
- failure to notify Med-X of office closures (on Business Days) by giving a minimum of 30 days’ prior written notice;
- obstruction of access to the Equipment; or
- failure to provide safe access to the Equipment,
then: - Med-X is not obliged to provide those Services again or offer the Client a credit on its next invoice; and
- the Client is responsible to pay for those Services as though provided.
5. Med-X’s Liability Limited
- To the full extent permitted by law, and except in respect of any amount which arose from the fraud, negligence or wilful misconduct of Med-X or its agents, employees or subcontractors, Med-X’s liability under this Agreement is limited to the following, at Med-X’s discretion:
- the re-supply of the Services; or
- the payment of the cost of the re-supply of the Services.
- Nothing in this Agreement excludes, restricts or modifies any warranty, guarantee or similar right provided or implied by law which cannot be excluded, restricted or modified.
6. Equipment
- All Equipment supplied by Med-X remains the property of Med-X.
- In the event that any Equipment is lost, misplaced or damaged, the Client must, at Med-X’s option:
- repair the Equipment to its original state; or
- pay Med-X reasonable costs to repair or replace the Equipment,
- The Client must make the Equipment available for collection by Med-X at reasonable times at the termination of the Agreement. If the Client fails to make the Equipment available at reasonable times upon termination of the Agreement, Med-X may invoice the Client for the reasonable cost of replacing the Equipment.
7. Default by Client
If the Client fails to comply with any obligations under this Agreement, Med-X may, by election, do any or all of the following:- suspend provision of the Services and charge the Client an Administration Fee;
- recover any unpaid Service Charges plus interest payable in accordance with this Agreement;
- recover the Equipment;
- recover any loss incurred by Med-X as a result of the Client’s failure to comply with this Agreement; and/or
- take any other action reasonably necessary to protect Med-X’s legitimate interests.
8. Terms, Renewal and Termination
- Med-X reserves the right to vary Service Charges to reflect reasonable changes in its cost base, market conditions, or other circumstances beyond Med-X’s control. Med-X may vary Service Charges by giving the Client at least 30 days’ written notice, clearly setting out the change, including the reason for the change. The notice shall state the date from which the new Service Charge or Service Charges shall apply. Any changes will also be made available on Med-X’s website. The Client acknowledges that Med-X will review its Service Charges at least annually.
- Surcharges may be applicable. Further information about the Fuel Surcharge and any other surcharge is available on Med-X’s website. Information about any other surcharge is available in the applicable service agreement.
- Med-X reserves the right to vary the Terms and Conditions in this Agreement to reflect reasonable changes in its cost base, market conditions, or other circumstances reasonably considered to be beyond Med-X’s control. Med-X may amend the Terms and Conditions contained in this Agreement at any time by giving the Client at least 30 days’ written notice, including by clearly outlining the reason for the change. The notice shall state the date from which the amended Terms and Conditions shall apply.
- Either Med-X or the Client may terminate this Agreement for breach of a material term of this Agreement by the other party not rectified within 14 days of the date the breach was notified to the breaching party.
- Either Med-X or the Client may terminate this Agreement by providing 30 days’ prior written notice to the other party.
- If a Client relocates to a new Site, Med-X will use reasonable endeavours to continue to provide the Services at the new Site Address. Increased Service Charges may be payable by the Client as a result of the relocation if the new Site is not within Med-X’s service area or if the location is in a different area or zone to the original location.
- Nothing in this Agreement is intended to limit, exclude or otherwise affect the applicability, as well as require any party to this Agreement to engage in any conduct in contravention, of any applicable laws. The Parties to this Agreement agree to comply with all applicable laws, including the Competition and Consumer Act 2010 (Cth).
9. Privacy Matters
- Med-X will comply with the privacy policy available on its website at www.med-xsolutions.com.au.
- If Med-X experiences an Eligible Data Breach in relation to any Personal Information it holds, including Personal Information obtained from the Client, Med-X will comply with any mandatory data breach notification requirements that apply under relevant legislation. If the same matter gives rise to an Eligible Data Breach of the Client, Med-X will (unless it otherwise informs the Client in writing) be solely responsible for making any legally required notification about the Eligible Data Breach to the Australian Information Commissioner and any affected individual and (to the extent permitted by law) the Client will not make any such notification.
10. Authorised Agent
The Client authorises Med-X to act as its agent to undertake waste tracking in relation to the collected product in accordance with applicable regulatory requirements, as follows:
New South Wales: Med-X agrees to act as the ‘authorised agent’ on behalf of the Client to ensure hazardous waste is tracked and received in accordance with Part 4 of the Protection of Environment Operations (Waste) Regulation 2014.
Queensland: Med-X agrees to act as the ‘agent’ for the Client for the supply of waste tracking information to the Department of Environment and Science in accordance with section 90(3) of Environmental Protection Regulation 2019.
Victoria: The Client authorises Med-X to enter reportable priority waste tracking information into the Environment Protection Authority’s online Waste Tracker in accordance with the Environment Protection Act 2017.
11. Certification
At the Client’s request, Med-X shall supply an EPA Certificate for the relevant services it performs in relation to waste tracking on behalf of the Client.
12. GST
All prices are exclusive of GST which will be charged in addition to all other charges and paid by the customer within 14 days of the date of invoice.
11. Fuel Surcharge
A Fuel Surcharge may be applied due to external factors, including economic fluctuations or variations to market conditions impacting the price of fuel.
Any Fuel Surcharge that is applied will be included on the Client’s invoice and clearly itemised.
The Fuel Surcharge is calculated as follows:
Fuel Surcharge =
(Current Fuel Price – Base Fuel Price) / Base Fuel Price x Business Unit’s Fuel Component Weighting
If the Current Fuel Price is less than the price for diesel at the Base Fuel Month, then the Fuel Surcharge will be calculated using the price for diesel at the Base Fuel Month.
Med-X will review the Fuel Surcharge on a monthly basis to determine whether it should be amended or remain constant. Med-X will publish any variation to the Fuel Surcharge on its website at https://www.med-xsolutions.com.au/fuel-surcharge in the event that Med-X is required to vary the Fuel Surcharge due to external factors.
Consistent with standard industry practice, Med-X relies on third-party data to determine the Current Fuel Price. Accordingly, the Current Fuel Price is the preceding month’s TGP for diesel as published by the AIP.
12. Entire Agreement
This Agreement embodies the entire understanding and agreement between the Parties. All previous negotiations, explanations, understandings, representations, warranties, memoranda, commitments, or information provided are superseded by this Agreement.
13. Contingencies
Any charge, duty impost, sales tax or expenditure which is not applicable at the date of quotation or sales invoice, but which is subsequently levied upon [site-name] in relation to a quote or sales invoice as a result of any legislation, regulation, or government policy, shall be added to the Client’s account.
