1. Important terms
1.1 "Compass", "we", "us" and "our" “ourselves” means Compass Medical Waste Services (Pty) Ltd.
1.2 "the customer", "you" and "your" “yourselves” means the Customer whose details appear in the above account application.
1.3 "stock" means the waste disposal containers and other items we sell and/ or deliver to you.
1.4 "the services" means any waste collection, treatment and disposal services which we provide for you.
1.5 “Force Majeure” means any exceptional event or circumstance: which is beyond a party’s reasonable control.
1.6 “HCRW” means healthcare risk waste comprising of sharps, infectious, anatomical, pharmaceutical and cytotoxic waste.
1.7 “Account application” / “Agreement” means this document, completed and signed to by you the Customer.
1.8 “WM” means the Waste Manifest which is completed by ourselves at time of collection, in front of your employee (who is to sign confirmation).
2. Our agreement with you
2.1 By it’s signature of the Application Form and initialling of each page of the Terms and Conditions, the customer agrees to be bound by the provisions of the application form and these Terms and Conditions (collectively, “Agreement”).
2.2 These conditions are the whole agreement between you and us. If these conditions conflict with any other document which we give you or any oral representation which we make, these conditions will apply.
2.3 These conditions remain in force even if we are lenient in applying any of them, or neglect to apply any of them.
3. When do you accept these conditions?
3.1 You will be deemed to have accepted these conditions on the date you sign the account application
3.2 You certify that the person signing this account application/agreement does not lack the necessary legal capacity to conclude this agreement, and is not subject to an administration order and is not unemancipated minor, nor subject to a court order holding him/her to be mentally unfit.
4. The price
4.1 The price you pay for stock and services is the price agreed upon from time to time ("the price").
4.2 The price is valid from the date you accept these conditions and will thereafter be adjusted as follows:-
4.2.1 For non – contract customers, prices are revised annually on the 01 March each year;
4.2.2 For contract customers’ annual increases are effective on the anniversary date of the contract;
4.2.3 Prices are subject to interim extraordinary cost increases e.g. abnormal fuel/ labour/ statutory increases, import duties i.e. costs over which we have no control, nor influence.
4.3 Should your requirements relating to existing product/services delivery, as initially quoted and accepted, change during the course of service delivery, we reserve the right to relook at the price and adjust accordingly.
4.4 The price excludes VAT. VAT is payable by you at the applicable rate.
4.5 If the price is calculated on the basis of the weight of the waste, you accept that the weight will be determined on the basis of the calibrated scale and weighing methods used by Compass.
5.1 All amounts due to ourselves must be paid either by direct bank deposit or electronic bank transfer, without deduction or demand and free of bank exchange. Your customer account number must be clearly noted as reference on all deposits/transfers. Please submit proof of payments to firstname.lastname@example.org.
5.2 For account customers, payment must be paid within 30 days from the last day of the month in which services were rendered. Only upon written notification that we have granted you credit will such credit be valid and available to you.
5.3 Cash customers must make payment immediately upon receipt of an invoice from us, before any delivery or collection can take place.
5.4 If we do not approve your credit application, we may cancel any order and/or discontinue any services immediately and/or convert your account to a cash account.
5.5 Failure to pay any amount due on the due date, will attract interest on that amount from the due date until the date of actual payment, calculated on a day to day basis, capitalised monthly in arrears, at a rate equal to 2,5% above the quoted prime overdraft lending rate per our bankers.
5.6 If you fail to pay any amount due to us in terms of this agreement by the due date. We may without prejudice to any rights in terms of this agreement suspend the provision of services for so long as you fail to pay any such amount.
5.7 If you fail to object in writing to any items or amounts appearing on our invoices or statements within 14 days of the date of invoice or statement, you will be considered to have accepted the amounts due on the invoice or statement and you will be prevented from disputing the accuracy of the invoice or statement.
5.8 A certificate signed by a director or manager of Compass stating the amount due by you to Compass will constitute prime facie proof thereof.
5.9 If the mass of any container exceeds the maximum permissible mass as specified on that container, an additional amount will be calculated at the rate of R6.50 for every kilogram (sharps and infectious waste streams) or R12.50 per kilogram (anatomical, pharmaceutical and cytotoxic waste streams) by which the maximum permissible mass for that container is exceeded. These fees, if applicable, will be included in your month end invoice and due for settlement in accordance with your payment terms.
6.1 A futile trip charge will be levied if an order has been delivered to you in accordance with your order, but then returned or not accepted for any reason which is no fault of Compass. Similarly a futile trip fee will be charged should we arrive on site during the operating days/hours and cannot fulfil the service as you are closed or no one is available to accept the stock or hand over the waste.
6.2 We offer a special call out service whereby we can service you outside of the normal service schedule upon receipt of a 72 hour written request. This service will be invoiced at an additional transportation cost, per kilometre, which will be calculated at the standard AA rates as advertised at the time. The cost of the round trip will be invoiced.
6.3 Should an on-site induction be required before we can action the service delivery, we reserve the right to charge a waiting fee based on the time taken to conduct the induction.
6.4 Should a permit be required in order to access your facility/address, then you are responsible to request the permit from the applicable authorities, settle the fees/ charge and forward it to ourselves prior to service delivery taking place.
6.5 Ownership of the waste will pass from yourselves to ourselves upon completion of the loading of the waste onto our vehicles at your premises provided that all containers are properly sealed at time of collection. We reserve the right to refuse collection should the HCRW not be contained or sealed properly (potential risk to our staff).
6.6 Upon completion of the loading your waste on the waste collection vehicle used by ourselves, you accept that you will have no right to claim or have access to all or any of the waste thereafter.
6.7 Risk in and to your waste will only pass to us after loading if you have complied fully with its obligations in terms of this agreement or any/ all applicable law.
6.8 It is not the responsibility of our distribution team to assemble stock/ containers, nor to pack the stock/ containers onto your shelves in your stores.
6.9 Rental products: We can/ will rent to you reusable box sets and wheelie bins for containment of infectious waste. The ownership shall at all times remain vested in us and you shall never become the owner thereof, unless you purchase the reusable box set and/ or wheelie bin at the respective purchase price. The rental products shall be returned to us on termination or cancellation of the agreement in good and proper working
order, fair wear and tear accepted. The rental products shall be kept at your delivery/ collection address and you will exercise due and proper care in the use thereof. The risk of the rental product/s shall pass to you at time of delivery and shall pass back to us upon collection. You are responsible for the cost of the replacement of the rental product should it be destroyed, lost, stolen or damaged (to an extent it cannot be utilised for its purpose).
6.10 If your normal service delivery day falls on a public holiday, then service delivery will be carried out at the next scheduled service day but may not necessarily be the day thereafter.
6.11 We will endeavour to provide service delivery between the operating hours/ days as noted on your application, however, we may not be able to meet these due to circumstances beyond our control e.g. traffic, strike, weather etc. You will have no claim against us for any harm you may suffer as a result of our delay/ failure to provide service delivery nor will this be seen as a breach of these terms and conditions.
7. Customer’s obligation
7.1 You are to ensure that a member of staff is on site between the operating hours/ days as noted on the account application form in order to check and take delivery of the stock and/ or hand over the HCRW to the driver, as well as sign the Waste Manifest as witness and confirmation. We will not be held responsible for any short delivery unless identified and notified by you in writing at the time of delivery, similarly we will not be held responsible for any incorrect capture of data on the Waste Manifest at time of collection.
7.2 You are to ensure that all HCRW is correctly segregated and containerised in accordance with the relevant and applicable municipal, provincial and national legislations and regulations prior to collection, transportation, treatment and disposal by ourselves.
7.3 You are required to place your request for stock/ service delivery in writing prior to us actioning any delivery/ collection.
7.4 You are to promptly advise us of any potentially hazardous situation that may arise in relation to the provision of the services or any fact or circumstance which is or may be material to any method of collecting, handling, transporting, treating or disposing of the HCRW or which could give rise to any claim of any nature against us.
7.5 You are to take all actions necessary to prevent, promptly counter and deal with any accident, spill and environmental contamination of potential threat to health which may occur on your premises during the loading by us of your waste, the cost of which will be for your own account.
7.6 You are obligated to cancel all call outs for service delivery (delivery/ collections) by submitting written notification to email@example.com, at least 48 hours before the service is scheduled to commence. Failure to do so will result in a call out fee being charged, which will be dependent on the cost to company we have incurred.
7.7 You are responsible to communicate to us any changes to contact details, addresses, telephone numbers, operating hours/ days etc as initially stated herein (we will utilise the contact information provided by you, to forward communications to yourselves, thereafter the nominated person in your organisation is responsible to forward these communications onto the relevant party/ies or action accordingly).
8. Our obligation
8.1 We will collect, treat and dispose of the HCRW in accordance with the municipal, provincial and national legislations and regulations.
8.2 We will have all the relevant, necessary permits as required by the municipal, provincial and national bodies in order to perform our obligations as a compliant service provider of healthcare risk waste services and provider of products.
8.3 We reserve the right to vary the terms and conditions of this Agreement at any time upon three (3) months’ written notice to you.
8.4 We reserve the right to implement a change to the schedule of service and remuneration should we be required to conform with any amendments to procedures in the handling, treatment and disposal of the waste as a consequence of either a statutory provision requiring such amendment, necessary technology being introduced in order to comply with codes of conduct, or where amended procedures are required to cater for a change in the composition of your waste or as a consequence of any abnormal increase in the cost of fuel or other material costs inputs. Similarly, we reserve the right to change a product or an accessory to the product should circumstances beyond our control compel us to do so, whether that be due to statutory requirements, supplier change, technology change or as a consequence of a matter arising that is beyond our control.
9.1 Both parties enter into this agreement based on the understanding that all information supplied is to remain in confidence and will not be used/ issued to any third party/ies.
10.1 Neither party will be liable for any failure to meet any of its obligations or any delay in meeting them, to the extent to which the failure or delay is caused by force majeure.
10.2 Each party must take all reasonable and necessary steps at its own expense to mitigate any force majeure.
10.3 Both parties indemnify each other against all loss, liability, damage, expense and cost (including but not limited to costs of an attorney and own scale) which may be suffered as a result of or which may be attributable to any act or omission by us, its officers, employees or agents which amounts to a breach of this agreement or delict.
10.4 Neither of us will be liable to the other for any indirect, special or consequential loss or damage of any kind whatsoever or howsoever caused, including, but not limited to, any loss of profits, loss of operation time, loss of information and/or loss of contracts. (despite clause 10.3 above)
11.1 Either party will be in default if the other party:
11.2 Fails to pay any amount due on the due date or breach any other term of these terms and conditions;
11.3 Are sequestrated, placed in liquidation or under judicial management;
11.4 Commit an act of insolvency as defined in the Insolvency Act 24 of 1936, as amended;
11.5 Enter into an arrangement or comprise with any creditor; or
11.6 Fail to satisfy or apply to set aside any judgement granted against you within seven (7) days of the date of judgement;
11.7 If you are in default, we may, without prejuce to its other rights in law:
11.8 Suspend all services to you; and/ or
11.9 Immediately cancel any orders placed by you giving written notice to you; and/or
11.10 Claim from you immediate payment of all monies due to us and place you on a cash payment basis; and/ or
11.11 Terminate this agreement and claim damages.
12. Applicable law
12.1 The law of South Africa shall govern these conditions.
12.2 You may not cede, delegate, assign or subcontract any of your rights or obligations in terms of this agreement without our prior written consent.
13.1 Any notice given under these conditions must be given to us at:
8 Langford Road, Westville, 3630, KwaZulu-Natal. Fax: 031 267 9732
13.2 And to you at the contact information supplied on the account application form or from any other written notification given thereafter.