FUEL SUPPLY: Shred-X does not anticipate any disruption to our services and our team is continuously monitoring operations. If any changes are required, we’ll communicate these clearly and in line with our agreements. We remain committed to ensuring continuity of delivering safe and compliant services under all foreseeable conditions.
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Terms and Conditions

The terms that apply when you engage our services.

1. Definitions

“Administration Fee” means the fee applied by Shred-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 Shred-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 Shred-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.

“Certificate of Destruction” means an electronic document produced by Shred-X verifying that the material has been collected and disposed of in accordance with the relevant standard.

“Client” means the client specified in the applicable service agreement.

“Current Fuel Price” means the preceding monthly Terminal Gate Price for diesel as published by the Australian Institute of Petroleum.

“Eligible Data Breach” has the same meaning as in the Privacy Act 1988 (Cth).

“Fuel Surcharge” means the surcharge applicable to the services as set out in the service agreement and on Shred-X’s website.

“Equipment” means all containers and other plant and equipment supplied by Shred-X for or under this Agreement, all of which remain the property of Shred-X.

“Parties” means Shred-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 Shred-X’s website.

“Services” means all services provided by Shred-X including collection and provision of security containers and information, and secure destruction by shredding and/or other agreed destruction method, and in relation to a container, the exchange or the handling of that container by an employee, contractor or agent of Shred-X.

“Service Delivery Times” means the Service Frequency specified in the applicable service agreement.

“Shred-X” means Shred-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:

i. to provide Shred-X all information in the Client’s possession reasonably required by Shred-X to supply the Services safely and efficiently;

ii. 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;

iii. to use the Equipment only for its proper and intended purpose;

iv. not to damage, deface or remove identifying marks from the Equipment;

v. to pay Shred-X the Service Charges payable under this Agreement within 14 days of the date of invoice;

vi. to pay interest at the Bank Rate on daily balances on overdue payments between the due date and the date of payment;

vii. not to assign its interest under this Agreement without the prior written consent of Shred-X, which will not be unreasonably withheld; and

viii. to indemnify Shred-X against loss or damage to Shred-X’s property (including the Equipment) and against any claim or action which may be brought or made by any person against Shred-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. Shred-X’s Obligations

Shred-X will:

  1. provide the Services to the Client in accordance with the Service Delivery Times, or otherwise in accordance with this The Client is still required to pay Shred-X all applicable Service Charges irrespective of the volume of materials at the Site, including if Shred-X attends the Site and there are no materials;
  2. 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;
  3. 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
  4. 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

    i.  The Client must provide Shred-X access to the Equipment and the Site/s as is reasonably necessary to enable Shred-X to provide the Services safely and efficiently at the Service Delivery Times.

    ii. Subject to clause 4(iii), if Shred-X cannot provide the Services for any reason outside the Client’s control, including but not limited to:

    a. the Site being closed due to public holidays; or

    b. the Site being closed and the closure being notified to Shred-X by giving a minimum of 30 days’ prior written notice,

    Shred-X will, at its discretion, either:

    c. provide the Services on the next available date for the Service; or

    d. offer the Client a credit on its next invoice for the Services not provided.

    iii. If Shred-X cannot provide the Services for reasons within the Client’s or an Associate of the Client’s control, including but not limited to:

    a. failure to notify Shred-X of office closures (on Business Days) by giving a minimum of 30 days’ prior written notice;

    b. obstruction of access to the Equipment; or

    c. failure to provide safe access to the Equipment,

    then:

    d. Shred-X is not obliged to provide those Services again or offer the Client a credit on its next invoice; and

    e. the Client is responsible to pay for those Services as though provided.

    5. Shred-X’s Liability Limited

    1. To the full extent permitted by law, and except in respect of any amount which arose from the fraud, negligence or wilful misconduct of Shred-X or its agents, employees or subcontractors, Shred-X‘s liability under this Agreement is limited to the following, at Shred-X‘s discretion:
      1. the re-supply of the Services; or
      2. the payment of the cost of the re-supply of the Services.
    2. 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

    1. All Equipment supplied by Shred-X remains the property of Shred-X.
    2. In the event that any Equipment is lost, misplaced or damaged, the Client must, at Shred-X‘s option:
      1. repair the Equipment to its original state; or
      2. pay Shred-X reasonable costs to repair or replace the Equipment,

      unless the Equipment is lost, misplaced or damaged as a result of Shred-X‘s act or omission.

    3. The Client must make the Equipment available for collection by Shred-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, Shred-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, Shred-X may, by election, do any or all of the following:

    1. suspend provision of the Services and charge the Client an Administration Fee;
    2. recover any unpaid Service Charges plus interest payable in accordance with this Agreement;
    3. recover the Equipment;
    4. recover any loss incurred by Shred-X as a result of the Client’s failure to comply with this Agreement; and/or
    5. take any other action reasonably necessary to protect Shred-X‘s legitimate interests.

    8. Terms, Renewal and Termination

    1. Shred-X reserves the right to vary Service Charges to reflect reasonable changes in its cost base, market conditions, or other circumstances beyond Shred-X’s control. Shred-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 Shred-X’s website. The Client acknowledges that Shred-X will review its Service Charges at least annually.
    2. Surcharges may be applicable. Further information about the Fuel Surcharge is available on Shred-X’s website. Information about any other surcharge is available in the applicable service agreement.
    3. Shred-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 Shred-X’s control. Shred-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.
    4. Either Shred-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.
    5. Either Shred-X or the Client may terminate this Agreement by providing 30 days’ prior written notice to the other party.
    6. If a Client relocates to a new Site, Shred-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 Shred-X‘s service area or if the location is in a different area or zone to the original location
    7. 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

    1. Shred-X will comply with the privacy policy available on its website at www.shred-x.com.au.
    2. If Shred-X experiences an Eligible Data Breach in relation to any Personal Information it holds, including Personal Information obtained from the Client, Shred-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, Shred-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. Certification

    At the Client’s request, Shred-X shall supply a Certificate of Destruction for secure destruction services.

    11. 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.

    12. 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.

    Shred-X will review the Fuel Surcharge on a monthly basis to determine whether it should be amended or remain constant. Shred-X will publish any variation to the Fuel Surcharge on its website at https://www.shred-x.com.au/fuel-surcharge/ in the event that Shred-X is required to vary the Fuel Surcharge due to external factors.

    Consistent with standard industry practice, Shred-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.

    13. 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.

    14. 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 Shred-X 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.