TERMS AND CONDITIONS
1. DEFINITION
For the purpose of this Agreement:-
a) Alsco shall mean Alsco Pty. Ltd. including any holding or subsidiary company or its respective successors in title.
b) Customer shall mean the original Customer whether an individual, partnership, company or other organisation including any successors in title.
c) Rental items include First Aid Kits, which comprise a metal outer cabinet, internal door liner and first aid consumables
d) Consumable means a first aid consumable contained in the metal outer cabinet.
2. INITIATION OF AGREEMENT
a) Alsco agrees to supply Rental and Management of the First Aid Kits in accordance with this agreement and the customer hereby agrees to appoint Alsco its sole supplier of Managed First Aid services for the terms and conditions hereinafter appearing.
3. PERIOD OF AGREEMENT
a) The Agreement is for a period of 3 years from the date of installation.
b) Unless the Customer gives written notice of termination of this Agreement which is received at Alsco’s office no less than 90 days prior to the expiry date, this agreement will be automatically renewed for a period equal to the original term set out in 3(a) above.
4. OWNERSHIP AND ACCESS
a) All rental items will remain the property of Alsco at all times and all first aid consumables in possession of the Customer are at the risk of the Customer. Only Alsco supplied products shall be stocked inside the First Aid Kit.
b) The Customer will give to Alsco, its servants or agents, at all reasonable times during business hours, access to all practicable parts of the premises on which the said rental items are situated for the purpose of inspection and replenishment.
c) The Customer will make available their First Aid Injury Register so Alsco can cross reference First Aid consumable usage.
d) Risks in the first aid consumables supplied under these terms and conditions passes to the Customer immediately upon delivery to the Customer.
5. USE OF CONSUMABLES
a) Alsco will only supply the First Aid Kits to the Customer. The Customer is solely responsible for use of the Consumables, and Alsco will not be responsible for demonstrating to the Customer how to use a consumable.
6. ASSIGNMENT
The Customer shall not assign this Agreement without the prior written consent of Alsco.
7. VARIATIONS TO SUPPLY AND CHARGES
a) Subject always to the customer’s obligation to appoint Alsco as its sole supplier of Managed First Aid Services, the Customer may vary the rental quantities under this Agreement at any time up to 10% subject to notification in writing.
b) All goods and services will be provided at an agreed item or monthly price (see schedule on reverse page) or at such varied prices as may be notified by Alsco to the Customer at least 1 month prior to the amended prices taking effect.
c) The Customer must allow 48 hours for the supply of a consumable after receipt by Alsco of a variation under this clause. A notification is deemed to be received at the time of receipt by Alsco not the time of transmission or sending by the Customer.
d) If Alsco is unable to provide a consumable, the subject of a notification by the Customer, within 48 hours of receipt of the notification by Alsco, Alsco will inform the Customer immediately and advise of the expected delay in providing that consumable.
8. DAMAGE OR LOSS
a) Should the Customer damage or lose any Alsco supplied item they will be liable for the replacement cost and agree to pay for such replacements at the then current list price. The Customer must notify Alsco in writing immediately that the loss occurs or the damage is discovered.
b) Alsco, at its cost, will replace First Aid consumables used through normal usage. The Customer is responsible for ensuring the First Aid Kit is used only for genuine workplace injuries that are recorded in its accident register. Any use of the kit that is not recorded in the accident register entitles Alsco to charge for First Aid consumables.
9. PAYMENT TERMS
a) The contractual monthly rental charge is payable in respect of all 12 months in the calendar year,
b) The number of rental items detailed on the Schedule represents the contractual minimum charge per month. Any variation to usage as defined in Clause 7 above or any other excess usage as defined in Clause 8 will be charged monthly at the agreed charge.
c) Payment is due 30 days from date of invoice
d) In the event of non-payment Alsco may at its discretion, suspend the service or terminate this agreement and the Customer shall be liable for any late payment and collection costs incurred. Where services are suspended the agreed rental charges will apply for the duration of the suspension period.
e) Alsco reserves the right to enter the Customer’s premises without liability for trespass or any resulting damage and retake possession of the said rental items if the payment terms have not been complied within for a period of 45 days of the date of invoice.
10. TERMINATION
Should the Customer wish to cancel this Agreement with effect from the expiration of the term of this agreement for any reason other than under the provisions of clause 11(b) – Default, this may be done by giving not less than 90 days written notice prior to the expiry date of this agreement to Alsco’s office. On expiry of such notice and the term of this agreement the Customer shall:
a) Immediately return all rental items to Alsco.
b) Pay reinstatement costs for all deficiencies of stock within 14 days.
c) Pay all other monies outstanding within 14 days.
In the absence of such a termination notice, this agreement will be automatically renewed for a period equal to the original term set out in 3(a) above.
11. DEFAULT
a) If the Customer is in breach of any of the Terms and Conditions of this Agreement then Alsco may serve on the Customer a notice of termination of the Agreement. Upon service of such notice, then the amount specified in Clause 9(b) Payment Terms, for the balance of the term of this agreement, thereof will immediately be due and payable to Alsco. All rental items in the possession of the Customer are to be returned to Alsco within 1 week of the date of service of the said notice. Any rental items not returned within that period will be deemed to be lost and the Customer is liable to pay Alsco the appropriate amount pursuant to Clause 8. Without prejudice to any rights in favour of either Alsco or the Customer under the provisions of this Agreement of the general law, upon service of a notice of cancellation pursuant to Clause 10, neither party shall be under any further obligation to the order.
b) In the event of a substantial breach of the Agreement by Alsco the Customer shall immediately notify Alsco in writing of any such alleged substantial breach and Alsco shall have four weeks from receipt of notice by the Customer to remedy the substantial breach. Should Alsco fail to remedy the substantial breach within the said period, the Customer shall have the right to issue a second notice canceling the Agreement forthwith without further liability.
12. INDEMNITY
a) Alsco and the Customer hereby release each other from and indemnifies each other against any or all claims for damages consequent or otherwise arising from:
(i) the use or non-availability of Alsco’s products, or
(ii)as a result of interruption or postponement of services caused by acts of God, strikes, industrial disturbances, war, riot, explosions, fire accidents or any other cause not within the sole control of the Customer or Alsco (force majeure event), or
(iii) misuse of the first aid consumables by the Customer,
(iv) any damage, injury, or loss of any kind whatsoever to any property or persons cause from or in connection with the installation or use of the product(s) supplied
(v) Any damage to or defects in the first aid consumerables from the improper use, improper handling, lack of maintenance or by any unauthorized modifications to the said rental items by the Customer
(vi) any delay in providing a consumable in accordance with clause 7.
b) In the event of any controversy, claim or dispute, performance or breach of this Agreement, each such claim shall be submitted to arbitration in the courts of Sydney, New South Wales.
c) Total claim upon Alsco is limited to the equivalent of the previous total of 3 months invoices to the customer for rental items.
13. NOTICE
Notice and any proceedings or other process to be served or given under this Agreement, shall be in writing and shall be sufficiently served or given if served at or sent by Registered Post or Recorded Delivery to Alsco at the address detailed on the front of this Service Agreement or Customer address detailed on the front of this Service Agreement.
14. GENERAL
It is the intention that this Agreement will form the basis of an undertaking between Alsco and the Customer by defining clearly all aspects of the service. Alsco cannot be held liable for consequential effects resulting from any failure to perform its obligations under this Agreement, an executed copy of which is held by the Customer.
15. PRIVACY
The Customer hereby agrees and authorise Alsco to obtain information about the Customer from any third party or to divulge any such information to any third party in the course of Alsco business activities including but not limited to any credit or debt collection agency for the purpose of credit assessment or debt collection and any direct marketing activities. The information shall be retained by Alsco for the duration the Customer holds an account or continues to purchase goods and services from Alsco. The Customer has the right of access to the information held by Alsco for review or corrective purposes.
