1. Rates and Charges

1.1 The rates and charges to the User for use of the Facility for disposal of earthquake waste shall be as specified from time to time by
BRRP.
1.2 All rates and charges published or quoted by BRRP exclude GST and any other taxes or levies (unless specifically stated otherwise).

2. Weighing Procedures

2.1 Upon acceptance of the Application for Credit, BRRP shall provide User Manifest book(s) to Authorised Representatives of the User and
the Authorised Representatives of the User shall sign as evidence of receipt of the Manifest book(s).
2.2 BRRP will only accept delivery of earthquake waste upon the receipt of an approved Manifest docket.
2.3 The Authorised Representative of the User is responsible to ensure that the transporter, vehicle registration number and vehicle tare
weight (described as the First Weight on the Manifest Docket) is correctly recorded on the Manifest Docket raised at the time
earthquake waste is deposited at the Facility. BRRP shall report the tonnage to the User on each invoice and weighbridge docket.
2.4 The Authorised Representative of the User, by signing the Debris Transfer Sheet, confirms that all information on the Debris Transfer
Sheet and Manifest Docket is accurate.
2.5 The User and Authorised Representative may request that a vehicle is re-weighed at any time and BRRP’s records updated for the
re-weigh.
2.6 The User and/or the Authorised Representative are required to inform BRRP if the vehicle weight has been materially altered.
2.7 BRRP shall determine the number of tonnes of earthquake waste deposited in the Facility.
2.8 BRRP shall report the tonnage to the User on each invoice.
2.9 Where a Third Party delivers earthquake waste to the Facility using the User’s Manifest dockets:
2.9.1 BRRP shall have no responsibility to ascertain whether all the earthquake waste carried over the weighbridge at the Facility by
such Third Party was generated by the User.
2.9.2 BRRP shall be entitled to rely upon such Third Party’s representation concerning the origin of the earthquake waste.
2.9.3 The User shall pursue any claims against the Third Party, not BRRP, concerning the co-mingling of the User’s earthquake
waste with earthquake waste generated by other parties.
2.10 It is the responsibility of the User to ensure the Driver uniquely identifies the disposal load and User at the Facility weighbridge.
2.11 The User shall provide or ensure that the Third Party provides such disclosures, declarations and other information about any
earthquake waste delivered to the Facility as may be required by BRRP and shall otherwise comply or ensure compliance with BRRP’s
operating procedures for the Facility.

3. Payment Terms

3.1 The User shall be responsible to pay for all earthquake waste material delivered on Manifest dockets issued to Authorised
Representatives of the User irrespective of who delivered the earthquake waste.
3.2 The User shall pay BRRP the Rates and Charges as invoiced by BRRP, without deduction and offset, by the 20th day of the month
following the date of the invoice unless other payment terms are agreed in writing with BRRP, such as 7 day invoicing and payment,
where a bond is supplied, or a comfort letter from the relevant insurer is provided, or a guarantee from the property owner is provided; in
each case on terms satisfactory to BRRP.
3.3 Due to the large volume of earthquake waste and the credit exposure to BRRP, these terms will be strictly adhered to. Failure to make
any payment by the due date may result in immediate refusal of entry at the Facility gate or the withholding of services “on account”.
Interest and/or late payment fees may be charged on overdue accounts and the User agrees to reimburse BRRP for all costs incurred in
recovering outstanding amounts.
3.4 Any dispute regarding invoices must be brought to BRRP’s attention promptly. No payment due may be withheld by reason of a dispute
but BRRP agrees to address promptly any dispute.

4. Taxes and Levies

4.1 The User shall pay BRRP such amount in respect of its use of the Facility as may be determined reasonably by BRRP to reflect any tax,
duty, fee or levy imposed by law or any territorial or regulatory authority in respect of the Facility or Services provided or performed by
BRRP at the Facility or disposal of earthquake waste at the Facility.

5. Non-Conforming Waste

5.1 The User must not deposit, and must ensure that a Third Party does not deposit, Non-Conforming waste at the Facility.
5.2 Any Non-Conforming waste remains the sole responsibility of the User.
5.3 BRRP may, in its sole and absolute discretion, reject any Non-Conforming waste and remove such Non-Conforming waste or require
the User or a Third Party to remove such Non-Conforming waste already deposited in the Facility at the cost of the User.
5.4 The User shall reimburse BRRP for any costs and expenses incurred by BRRP concerning any Non-Conforming waste.

6. Title to Earthquake Waste

6.1 Title to Conforming earthquake waste shall not pass to BRRP until the User pays all outstanding Rates and Charges in respect of that
earthquake waste.
6.2 Responsibility and liability for Non-Conforming waste shall always remains with the User whether or not the User has paid all
outstanding Rates and Charges.

7. Use of Facility

7.1 BRRP, in its sole and absolute discretion, may at any time, whether by reason of a failure by the User to comply with these terms and
conditions or otherwise, deny the User or Third Party access to the Facility either on a temporary or permanent basis.
7.2 BRRP shall not be liable for any loss, cost or expense sustained by the User or any Third Party or other party, and the User releases
BRRP from any such liability, as a result of the User or Third Party being unable to use the Facility during any period for any reason.

8. Warranties

8.1 The User must ensure that all information that the User or any Third Party provides to BRRP concerning earthquake waste is ac curate,
complete and not misleading. If at any time such information ceases to be accurate, complete, current and not misleading, the User
must immediately notify BRRP.

9. Force Majeure

9.1 BRRP shall not be liable for any failure to perform any obligation due to circumstances beyond its reasonable control .
Burwood Resource Recovery Park Limited (BRRP)
Commercial Terms and Conditions of Use
File Ref: BRRP-ADM-06 130128 BRRP Terms and Conditions of Use

10. Indemnification

10.1 The User shall indemnify and hold BRRP harmless, to the maximum extent permitted by law, from and against all claims, action,
proceedings, conviction, costs (including legal cost and disbursements on a solicitor-client basis), damages and liabilities whatsoever
suffered or incurred by BRRP or asserted by any person which directly or indirectly arise out of or result wholly or partially from the use
of the Facility or disposal of earthquake waste by the User or any Third Party or the failure of the User or any Third Party to comply with
these terms and conditions or the failure of the User or a Third Party to comply with any laws and regulations (including without
limitation, the Resource Management Act,1991) applicable to generators of earthquake waste, transporters of earthquake waste or
users of the Facility.

11. Safety, Health and Environment

11.1 The User shall ensure that all services involved in handling, packaging, transportation, delivery and disposal of the earthquake waste
are performed in compliance with any and all applicable legislation and regulations and BRRP’s site Safety, Health and Environment
rules.

12. Haulier Rules

12.1 The User shall ensure that any Third Party signs and delivers to BRRP a copy of the Haulier Rules, agreeing with BRRP to be bound by
them.
12.2 Where the User hauls its own earthquake waste, the User shall comply and shall ensure its Drivers comply strictly with the Haulier
Rules (which are deemed to be incorporated in these terms and conditions as if set out in full herein).
12.3 The User shall be liable for any loss or damage suffered or incurred by BRRP as a result of a failure by any other Haulier or Driver to
comply with the Haulier Rules.

13. Confidential Information

13.1 From time to time in using the Facility, the User or a Third Party may learn about processes and operations that would constitute
confidential information of BRRP. The User shall not and shall ensure that Third Parties shall not disclose such confidential information
to any person or use the information for any purpose which may be detrimental to the interest of BRRP.

14. General

14.1 The User shall communicate to BRRP in a timely fashion any change in commercial details, ownership, postal address or other r elevant
information relating to the User.
14.2 No waiver of any breach, or failure to enforce any provision, of these terms and conditions at any time by BRRP in any way affects,
limits or waives the right to BRRP thereafter to enforce and compel strict compliance with these terms and conditions.

15. Definitions

 “Authorised Representatives of the User” means representatives of the User authorised by the User to collect and sign for Manifest
Books on behalf of the User as recorded on the Application for Credit.
 “Manifest Books” means books of manifest dockets provided to approved Users to record details of the demolition delivered to the
Facility.
 “Application for Credit” means the Application for Credit form from the User.
 “BRRP” means Burwood Resource Recovery Park Limited and includes any employee or contractor of BRRP.
 “User” means a party using the Facility for the disposal of earthquake waste of, or generated by, that party (either by disposing of
the earthquake waste itself or having its earthquake waste disposed of by a Third Party) and includes its successors in tit le to the
User's business and/or shareholding.
 “Third Party” means any other party the User is associated with, or has contracted with, relating to the disposal of the User ’s
earthquake waste.
 “Conforming earthquake waste” means, non-hazardous earthquake waste that conforms with its pre-acceptance notification or
visual identification.
 “Non-Conforming waste” means any material that does not meet the criteria for Conforming Earthquake waste.
 “Excluded Material” means any material that is explosive, hazardous or dangerous, or which when processed by a Facility or placed
in a Facility would constitute a breach of any legal requirements or possession of which is illegal or would be a fire hazard.
 “Facility” means the Burwood Resource Recovery Park at Burwood, Christchurch.
 “Driver” means a driver employed or contracted by the User or a Third Party (as applicable).
 “Rates and Charges” means the rates and charges payable by the User in respect of disposal of earthquake waste at the Facilit y or
use otherwise of the Facility or Services. GST and any other taxes or levies will be payable in addition to the Rates and Charges.
 “Services” means the use of the Facility and any other services provided by BRRP at the Facility.
 “Earthquake waste” means earthquake waste as defined in the Canterbury Earthquake (Resource Management Act—Burwood
Resource Recovery Park) Order 2011.
 “Haulier” means the User (if the User hauls its own Earthquake waste) or a Third Party which hauls (or is to haul), earthquak e
waste of the User to the Facility.
 “Haulier Rules” means the BRRP Facility Haulier Rules in their current form from time to time.
 “Weighbridge Docket” means dockets produced at time of weighing earthquake waste at BRRP and provided to an Authorised
Representative or Driver as record of transaction details including time and date, job number, vehicle tare and gross weight and
earthquake waste weight.
The User specified below has read, understood and agrees to abide by these Rules.\

Name of User

 

 

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Signature                                                                             Title

 

 

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Name of Signatory (Type or print)                                      Date