1.1 These Equipment Recycling Terms and Conditions set out the terms and conditions that will apply to Your use of the Services (defined below) provided by Us and becomes binding between You and Us upon Acceptance (the Agreement).
2.1 The parties agree that the provisions of this Agreement shall bind them for the Term in relation to the Services to be provided hereunder and that the Term may be extended or renewed by mutual agreement.
3.1 Upon receipt of a Request For Service (RFS) we will arrange for a Collection from Your Site. SCRD will give You written confirmation of the Equipment received at Our Facility whereupon the Equipment shall become Our property except for any data contained therein which shall remain Your property.
3.2 We will carry out the following services on the equipment upon its arrival at our Facility:
(a) Check the count and weight, and perform any additional services (such as those set out in clauses 3.4 or 3.5) as agreed in writing;
(b) Test and determine the Grade of the Equipment and Equipment Value; and
(c) upon completion of the above we will issue as required a Certificate of Recycling/Certificate of Deletion and Destruction/Asset Report/RCTI/Invoice.
3.3 All Equipment may be resold or disposed of by Us. All Equipment to be disposed of shall be disposed of by Us as electronic waste in accordance with our ISO14001:2016 certification.
3.4 Any equipment which You require to be Erased shall be Erased to the level specified. We will verify the level of data Erasure by
issuing a Certificate of Deletion and Destruction and if requested a Blancco Data Erasure Report. For solid state devices, total data Erasure is only warranted by Us if the solid-state devices are destroyed through our on-site SSD shredding machine.
3.5 If You require Asset Reporting we will complete and issue an Asset Report.
3.6 If You specify any special requirements in the RFS it may be necessary for us to provide a separate estimate or conditions in which
case we will not be required to meet those special requirements until You have acknowledged Your agreement to the estimate or conditions
3.7 If You specify a requirement for the use of a Secure E-Waste Bin in the RFS You agree to apply with applicable laws and
provide Us with safe access to your Site and not to place or store anything other than information technology related equipment in the Secure
E-Waste Bin. Secure E-Waste Bins remain SCRD’s property and We may collect a Secure E-Waste Bin at any time after it has been at the Site for 6 months, even if it is not full.
3.8 We will provide the Services with the same due skill and care as reasonably to be expected of a service provider of such Services in this
3.9 If requested by You and agreed to by Us, We will remove the Equipment from Your racks at the Site, provided, however, that You:
(a) have a representative at the Site to advise Us to identify the Equipment to be removed. If there is no representative You shall provide Us with detailed instructions on removing the Equipment and clearly mark which Equipment are to be removed; and
(b) disconnect each Equipment from power, including power outlets, and from any other device.
You release Us from any loss or liability You may incur in connection with Us removing the Equipment in accordance with this
clause, provided, however, that We acted in accordance with Your instructions.
4 Fees and Taxes
4.1 We shall charge You the relevant Service Fees for delivery of the Services in respect of each Equipment Batch.
4.2 In the instance of a Recipient Created Tax Invoice (RCTI), We shall charge You the relevant Service Fees for delivery of the Services in respect of each Equipment Batch.
We shall prepare and issue You with an invoice in the form of a tax invoice for the Service Fees and on Your behalf in the same document. We shall also include a residual Equipment Value for the Equipment Batch. If the total Equipment Value of an Equipment Batch exceeds all Service Fees in respect of the same Equipment Batch We shall pay the difference between such total Equipment Value and the Service Fees to You within thirty (30) days from the end of the month in which the invoice was issued.
If the total Equipment Value of an Equipment Batch is less than the Service Fees for the same Equipment Batch You shall pay the difference between the Service Fees and the total Equipment Value of the Equipment Batch within thirty (30) days from the date on which You receive the invoice.
4.3 If the Service Fees are calculated in accordance with Our Quotation, You agree to the following:
(a) the fees set out in the Quotation are an estimate only and are based on the information You provided to Us. If that information is
incorrect, the fees may change.
(b) We will charge You for all Equipment you request we Collect. If there is additional Equipment to what was in the Quotation, the fees will
4.4 Any taxes (including GST), duties, imposts or levies of any description (except for income tax levied against the Supplier) arising out of,
affecting or payable in connection with this Agreement will be borne and paid by You in addition to any other amounts payable under this
Agreement and must be paid as part of payment for taxable supply.
4.5 If there is an introduction of a new or an increase to an existing tax, duty, impost or levy by the Government (excluding income tax changes), the Service Fees shall be adjusted by an amount equal to the amount of the increased or new tax, duty, impost or levy.
4.6 In this clause, words have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) unless the context otherwise requires.
5 Warranties and Indemnities
5.1 You indemnify Us and Our employees and contractors from any damage, loss, liability, cost, charge, expense, outgoing or payment of any
kind suffered or incurred by Us arising out of or in respect of:
(a) any breach of this Agreement by You;
(b) an act or omission by You, Your officers, employees and agents;
where such act, omission or breach arises out of or is in respect of this Agreement except to the extent caused by Our negligent act or
5.2 The Parties warrant to each other that:
(a) they have full capacity to enter into this Agreement;
(b) entry into this Agreement does not, or will not, cause it to be in breach of any third-party Agreement;
(c) this Agreement is executed by persons appropriately authorised to do so;
(d) they will comply with all applicable laws and regulations in relation to this Agreement; and
(e) they have all necessary licenses and consents to enter into and to perform this Agreement.
5.3 The Customer warrants that all Equipment listed in an RAF and collected by the Supplier pursuant to this Agreement is free from all liens, charges, mortgages or other encumbrances
6 Dispute Resolution
6.1 Subject to clause 6.4 any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to
mediation in accordance with, and subject to, the Resolution Institute’s Mediation Rules 2016.
6.2 If a dispute or difference is not settled within thirty (30) days of the submission to mediation (unless such period is extended by agreement
between the parties) either party may serve a Notice of Dispute under the Resolution Institute’s Arbitration Rules 2016.
6.3 Subject to clause 6.4, neither party may commence legal proceedings in a Court of Law without first complying with the provisions of
clauses 6.1 and 6.2.
6.4 Nothing in this clause shall prevent a party from seeking urgent interlocutory relief. After such interlocutory relief has been sought or
obtained the party must follow the procedures in this clause 6.
7.1 Either party may terminate this Agreement forthwith by written notice if the other party:
(a) materially breaches any of its obligations under this Agreement and fails to remedy such breach within 30 days after receipt of written
(b) has breached its obligations under this Agreement and the breach is incapable of remedy;
(c) fails to observe any confidentiality, security or privacy requirement provided for under this Agreement;
(d) assigns or purports to assign its rights in breach of this Agreement;
(e) ceases or threatens to cease to carry on business; or
(f) enters into or threatens to enter into insolvency.
7.2 If notice is given by Us to You under clause 7.1 without prejudice to any other remedies or rights that We may have, We may retain any
Service Fees paid by You for work performed to date and You remain liable for payment of Service Fees for work performed prior the date of
8 Limitations of Liability
8.1 Subject to any express warranties in this Agreement and any implied by law which cannot be excluded by agreement, all warranties with
respect to the provision of the Services are hereby expressly excluded.
8.2 If a warranty or condition is implied by the Competition and Consumer Act (2010) or other relevant legislation which may not be excluded,
then Our liability for any breach of such an implied warranty is limited solely to the resupply of the relevant Service or the payment to You of
the cost of having the Service provided again (at Our option).
8.3 If circumstances arise where either We or You are required to indemnify the other or We or You are entitled to claim damages from the other then the liability to the injured party for the aggregate of all such claims (regardless of the basis on which the injured party is entitled to claim from the other including, without limitation, negligence or any tort) is limited to the total amount detailed in the Certificate of Recycling.
8.4 To the extent permitted by law, and notwithstanding any other provisions of this Agreement, in no event either We or You or our officers,
employees, agents or contractors be liable for any incidental, special, indirect, punitive or consequential damages. For the purposes of this
clause and without limitation, downtime costs, lost profits, lost revenue, lost reputation, lost data, loss of use, loss of goodwill and failure to
realise anticipated savings are deemed to be damages of a consequential nature.
9.1 If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force.
9.2 No amendments or additions to this Agreement will be binding unless in writing and signed by a person authorised for that purpose.
9.3 All notices given pursuant to this Agreement shall be in writing in English and signed by a person authorised to sign. Notices may be
delivered by post or email.
9.4 Each party must keep confidential all Confidential Information of the other party and must not, without the prior written approval of the other party, disclose or use the other party’s Confidential Information except as strictly required for the purposes of performing this Agreement.
The parties agree that, in addition to any other remedy that may be available in law or equity, they shall be entitled to injunctive relief to
prevent breach of this obligation and to compel specific performance of this obligation.
9.5 Except where specifically provided, nothing in this Agreement is intended to give the other party any intellectual property rights in, or other rights with respect to, any trademark, copyright, business name, logo, trading style, process, methodology or other intellectual property of the other party.
9.6 You agree that We may identify You as a recipient of Our Services and use your name and logo in sales presentations, marketing releases and press releases, and that We may generate a brief customer profile for use by Us for promotional purposes.
9.7 Neither party will be responsible for delays or errors in its performance, or for non-performance, due to circumstances beyond its reasonable control including (without limitation) natural causes, explosion, industrial dispute or acts of terrorism. For the avoidance of doubt nothing in this clause excuses You from payment obligations whilst the Supplier continues to provide the Services. If force majeure conditions continue beyond sixty (60) days either party may terminate this Agreement by written notice to the other.
9.8 This Agreement will be governed by the laws of Western Australia, Australia and each party submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
9.9 A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party (including a delay in exercising, relaxation of or failure to exercise the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
9.10 Unless otherwise agreed in writing between the parties this Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreement’s and understandings, whether written or oral, between the parties with respect to the subject matter hereof.
9.11 The covenants, conditions and provisions of this Agreement which are intended or capable of having effect after the expiration or termination of this Agreement (including provisions relating to warranties, indemnities, liability, licence and Intellectual Property Rights) must remain in full force and effect following any expiration or termination of this Agreement.
10.1 In this Agreement unless the context otherwise requires:
Acceptance occurs when You submit your RAF to Us and have agreed to the terms and conditions of this Agreement (which includes the RFS) by clicking the acceptance button on the Channel.
Asset Report means a report to be issued by Us in respect of each Equipment Batch verifying the make, model and serial number and other relevant information of Equipment for the purpose of providing traceability of Equipment exiting your business that may be recorded on an asset register. Our default items reported on are as follows:
- Desktop Computers
- Laptop Computers
- Network Data Storage
- Networking Equipment
- Smart Phones
If reporting is required on equipment not listed above, You agree to specify this at the time of RFS and on the RAF. Samples of our reports for different equipment types are available on request.
Business Day means a day that is not a Saturday, Sunday or Public Holiday in Western Australia.
Certificate of Deletion and Destruction means a certificate to be issued by Us in respect of each Equipment Batch verifying the level of data Erasure Services (if any) that have been carried out.
Certificate of Recycling means a certificate to be issued by Us verifying the recycling or disposing of the equipment in
accordance with this Agreement.
Channel means the method of contact selected by You that is made available to You through which You can Request Services; and
effect Acceptance of this Agreement, including that which is provided via Our website, or portable tablet device carried by Our staff for Your convenience.
Check-count and weight means the verification of the quantity of Equipment type and total mass of each Equipment type collected, by a person or persons at our Facility.
Collection/Collected means the collection of the Equipment by Us from Your Site as requested via the RFS channel.
Confidential Information means non-public information that relates to the disclosing party’s business operations, financial condition, customers, products, services or technical knowledge.
Equipment means any of the following devices or equipment Collected pursuant to clause 3.2 including:
(a) desktop, notebook computers & associated peripherals & accessories;
(b) monitors and other display infrastructure (LCD, plasma, projector, overhead);
(c) servers and server infrastructure;
(d) network and network infrastructure;
(e) printing and imaging solutions; or
(f) any other type of ICT, communications or electronic office equipment.
Equipment Batch means all equipment collected by Us pursuant to an individual RAF.
Equipment Value means a reasonable commercial value for all equipment determined by Us having regard to the potential resale value on the
current market, the condition of all equipment and other relevant factors as We may determine at our discretion.
Erasure means the erasure of data from equipment with stored data.
Facility means Our premises located at 8 Blackly Row, Cockburn Central WA 6164.
Grade means any one of the following as determined by SCRD:
(a) Grade A: Equipment is complete, in good working condition and has commercial value;
(b) Grade B: Equipment is complete, in good working condition with minor faults;
(c) Grade C: Equipment may have multiple faults, or small to no commercial value; or
(d) Electronic Waste: Equipment is faulty, old or has no commercial value.
GST means the goods and services tax prescribed under the GST Act or any replacement or subsequent similar tax.
GST Act means for the purpose of any supplies made in Australia, A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Quotation means an estimate for fees relating to the Services, provided to You by Us.
RAF means the Recycling Acceptance Form.
RCTI means Recipient Created Tax Invoice.
RFS means the Request For Service through any communication Channel.
Secure E-Waste Bin means a lockable wheelie bin, which always remains the property of Us.
Service Fees means fees for the Services which You have agreed to pay as a result of Your Acceptance and for the avoidance of doubt are
calculated by Us in accordance with the Quotation and shall be specified in the Invoice, unless otherwise
agreed in writing.
Site means the property address or addresses nominated in the RFS from which the Equipment is to be Collected.
Services mean the particular services (including Collection, Asset Reporting and Erasure) or any other ancillary services selected by You in the RFS and RAF as outlined in clause 3.
Term means the period of 6 months from the date of the Collection.
Test means to test each device for functionality and to assign the appropriate Grade.
Our/We/Us means SCRD Holdings Pty Ltd.
You/Your means the customer named in the order for Services.