It is acknowledged by the Generator that BWS is providing the following services only:

(a) identifying a Designated Area where the Generator may dump Conforming Material;

(b) providing Site directions to vehicle operators transporting material to Designated Areas;  and

(c) at the request of the Generator, arranging onsite levelling or other associated work.

The Generator warrants that:

(a) all material taken to a Designated Area will be Conforming Material and not toxic or hazardous material;

(b) all representations made by or on behalf of the Generator concerning material or its source are true and correct in every respect;

(c) no material shall be brought onto a Site or transported, dumped or stored in a manner which will give rise to any liability on the part of BWS; and

(d) the Generator has made its own enquiries and has been satisfied that the transport, dumping or storage of materials on or near the Site will not contravene any law.

BWS shall upon notice in writing to the Generator be entitled to require the Generator to remove from a Site forthwith:

(a) all non Conforming Material;

(b) all material identified by a Responsible Authority as toxic or hazardous or unsafe or dumped in contravention of any law; and

(c) any other material, whether or not on a Designated Area or Site which has become contaminated by reason of exposure directly or indirectly, or leaking or leaching from, toxic or hazardous material dumped or stored by the Generator.

It is acknowledged by the Generator that no reliance has been placed upon and that the Generator has not been induced by any representation or warranty by or on behalf of BWS or any other person concerning:

(a) the suitability of any Site for the dumping or storage of material;

(b) the duration for which material may be dumped or stored on a Site;  and

(c) the existence or operation of any law having any application present or future with respect to the dumping or storage of any materials or in respect of that Site.

It is acknowledged by the Generator that the records of BWS concerning the quantity, quality and location of material dumped or stored by the Generator at or upon a Site shall be deemed to be correct and conclusive evidence of the same as between the Generator and BWS.

It is acknowledged by the Generator that BWS is only accepting material acting solely in reliance upon the representations made by or on behalf of the Generator and in any certificate or analysis provided by the Generator.

It is acknowledged and agreed by the Generator that BWS shall not be liable for the consequences of any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of BWS.

It is acknowledged and agreed by the Generator that in no circumstance shall the liability of BWS on any account whatsoever exceed the quantum of the fees charged by BWS to the Generator in respect of any item of services provided by BWS in respect of which the claim or liability arises.

It is acknowledged and agreed by the Generator that BWS shall be under no liability to the Generator or the Owner for any indirect or consequential loss or expense suffered by the Generator or the Owner or in respect of any claim or in respect of any liability to or claim by the Generator or Owner against BWS.

It is acknowledged and agreed that the Generator consents to the making of an order under the Contractors Debts Act 1999 attaching debts payable by the Owner or other person in respect of the removal, transfer or storage of the material.

Fees payable to BWS

The Generator agrees to pay BWS a fee for the services which shall be the lesser of:

(a) the fee quoted by BWS within the last 30 days; or

(b) the fee designated on invoices issued by BWS to the Generator.

Where the fee is based on weight or quantity of materials to be dumped or stored by the Generator, the weighbridge or gate keeper records of BWS shall be final and conclusive as between the Generator and BWS with respect to the weight or quantity of material dumped or stored.

Payment of the fees shall be specified in the quotation of BWS or invoices issued by BWS, whichever is earlier.  The time for payment of those fees shall be of the essence.

Without limiting the generality of the foregoing and any other remedy provided by law, in the event of;

(a) a default in the payment of fees by the Generator;

(b) if in the opinion of BWS, the Generator will be unable to pay fees at and when they fall due for payment;

(c) if the Generator becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with its creditors or makes an assignment for the benefit of its creditors; or

(d) a receiver, receiver and manager, provisional liquidator or liquidator, voluntary administrator or other similar person is appointed with respect to the Generator or any asset of the Generator;

then

(i) BWS may refuse to allow further dumping or storage of material by the Generator; and

(ii) all amounts owing to BWS shall whether or not due for payment, immediately become payable.

Interest on overdue fees shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before judgment.

These terms and conditions may be changed by BWS at any time by:

(a) notice in writing to the Generator;

(b) incorporation of the changed terms and conditions on any fresh quotation or invoice issued by BWS to the Generator;  and

(c) exhibiting the changed terms and conditions at the entrance of the Site.

Privacy Act 1988

The Generator agrees that personal data obtained from the Generator may be used and retained by BWS for the purposes identified in the Privacy Policy.

Applicable law and jurisdiction