Managed Training | Safety and preparation in the workplace | alscofirstaid.com.au (2023)

1. DEFINITION
For the purposes of this Agreement:-
a) Alsco means Alsco Pty. Ltd., including any parent or subsidiary company or their respective legal successors.
b) Customer means the original customer, whether an individual, partnership, corporation or other organization, including legal successors.
c) Rental items include first aid kits consisting of an outer metal cabinet, inner door panel and first aid consumables.
d) Consumable means a first aid consumable contained in the outer metal case.

2. COMMENCEMENT OF AGREEMENT
a) Alsco agrees to provide rental and management of first aid equipment in accordance with this Agreement and Customer agrees to appoint Alsco as its sole provider of managed first aid services on the terms set out below .

3. DURATION OF AGREEMENT
a) The contract has a term of 3 years from the date of installation.
b) Unless Customer's written termination of this Agreement is received by Alsco less than 90 days prior to the expiration date, this Agreement shall be automatically renewed for a period equal to the original term pursuant to 3(a) above.

4. OWNERSHIP AND ACCESS
a) All rental items remain the property of Alsco at all times and all first-aid consumables in the Customer's possession are at the Customer's risk and expense. Only products supplied by Alsco should be kept in the first aid kit.
b) Customer shall allow Alsco, its employees or agents access to any practicable part of the premises where such Rental Items are located at any reasonable time during business hours to inspect and restock.
c) The customer provides Alsco with its first aid injury file to compare the use of first aid consumables.
d) Risks relating to first-aid consumables supplied under these Terms shall pass to the Customer immediately upon delivery to the Customer.

5. USE OF CONSUMABLES
a) Alsco only supplies the customer with first aid kits. The customer is solely responsible for the use of consumables and Alsco is not responsible for showing the customer how to use a consumable.

6. ORDER
Customer may not assign this Agreement without Alsco's prior written consent.

7. DELIVERY OPTIONS AND FEES
a) Subject always to the Customer's obligation to designate Alsco as its sole provider of managed first aid services, the Customer may change the Rental Amounts under this Agreement by up to 10% at any time, subject to written notice.
b) All goods and services are provided at an agreed item or monthly price (see table overleaf) or at different prices, which Alsco will notify the customer of at least 1 month before the changed prices come into effect.
c) The customer must wait 48 hours for the delivery of a consumable after Alsco has received a change under this clause. A notice shall be deemed to have been received at the time it is received by Alsco, not at the time it is sent or posted by the Customer.
d) If Alsco is unable to provide a Consumable subject to notification by Customer within 48 hours of receipt of notification from Alsco, Alsco will promptly notify Customer and notify Customer of the expected delay in delivery of such Consumable.

8. DAMAGE OR LOSS
a) If the Customer damages or loses an item supplied by Alsco, the Customer shall bear the cost of replacement and agree to pay for such replacement at the then current list price. The customer must notify Alsco in writing immediately upon discovery of the loss or damage.
b) Alsco will replace, at its own expense, first aid consumables used during normal use. The customer is responsible for ensuring that the first aid kit is only used for actual workplace injuries recorded in their accident record. Any use of the first-aid kit that is not recorded in the accident report entitles Alsco to charge for first-aid consumables.

9. PAYMENT TERMS
a) The contractual monthly rent is to be paid for 12 months of the calendar year,
b) The number of rental items listed in the Appendix represents the contractual minimum fee per month. Any discrepancies in usage within the meaning of clause 7 above or any other excessive usage within the meaning of clause 8 will be billed monthly at the agreed rate.
c) Payment is due 30 days from the invoice date
d) In the event of non-payment, Alsco may, at its sole discretion, suspend service or terminate this Agreement and Customer will be responsible for all late payment and collection costs incurred. If the services are suspended, the rental prices agreed during the suspension apply.
e) Alsco reserves the right to enter the customer's premises without liability for unauthorized entry or damage resulting therefrom and to take back such rental items if the payment terms have not been met within a period of 45 days from the invoice date.

10. TERMINATION
If Customer wishes to terminate this Agreement effective upon the expiration of the Term of this Agreement for any reason other than that set forth in Clause 11(b) – Breach, Customer may do so on not less than 90 days' written notice. to the Alsco office on the expiry date of this agreement. Upon expiration of such notice period and termination of this Agreement, Customer shall:
a) Return all rental items to Alsco immediately.
b) Pay replacement costs for all stock defects within 14 days.
c) Pay all other outstanding amounts within 14 days.
In the absence of such termination, this Agreement will automatically renew for a period equal to the original term pursuant to 3(a) above.

11. STANDARD
a) If the customer violates any of the general terms and conditions of this agreement, Alsco may notify the customer of the termination of the agreement. Upon delivery of such notice, the amount specified in Section 9(b) Terms of Payment will become immediately due and payable to Alsco for the remainder of this Agreement. All rental items owned by the renter must be returned to Alsco within 1 week of the delivery of such notice. Any Rental Item not returned within this period will be deemed lost and the Renter is responsible for paying Alsco the reasonable amount in accordance with Clause 8. Without prejudice to any rights in favor of Alsco or Renter under the terms of this General Legal Agreement, upon receipt of the cancellation notice in accordance with Clause 10, neither party shall have any further obligation in relation to the Order.
b) In the event of a material breach by Alsco, the Customer shall promptly notify Alsco in writing of the alleged material breach and Alsco shall have four weeks from receipt of notice by the Customer to remedy the breach. If Alsco does not remedy the material breach within this period, the customer has the right to give a second notice of termination, which will terminate the contract immediately without further liability.

12. DAMAGES
a) Alsco and the Customer hereby indemnify and hold each other harmless from any and all claims for damages arising out of:
(i) the use or unavailability of Alsco products or
(ii) as a result of an interruption or postponement of services caused by force majeure, strikes, industrial unrest, war, riots, explosions, fires or other causes beyond the sole control of the customer or Alsco (case of force majeure) , or
(iii) Customer's misuse of first aid consumables,
(iv) damage, injury or loss of any kind to property or persons caused by or in connection with the installation or use of the products supplied
(v) Any damage or defect in the First Aid Consumables due to misuse, mishandling, lack of maintenance or due to Customer's unauthorized modification of the Rental Items.
(vi) any delay in the delivery of any Consumable under Clause 7.
b) In the event of any controversy, claim or dispute, performance or breach of this Agreement, any such claim shall be subject to arbitration in the courts of Sydney, New South Wales.
c) The total claim against Alsco is limited to the equivalent of the previous total of 3 monthly invoices to the customer for rental items.

13. NOTICE
Notices and any procedure or other process required to be notified or served under this Agreement must be in writing and sufficiently notified or given if sent or sent by registered or registered mail to Alsco at the address listed on the front of this Service become . Customer Agreement or address on the front of this Service Agreement.

14. GENERAL
This agreement aims to form the basis of a commitment between Alsco and the customer by clearly defining all aspects of the service. Alsco shall not be responsible for the consequences of breach of its obligations under this Agreement, a executed copy of which is in Customer's possession.

15. PRIVACY
The Customer agrees and authorizes Alsco to obtain information about the Customer from, or to disclose such information to, any third party in the course of Alsco's business, including but not limited to credit or collection agencies for the purpose of granting credit. Debt assessment or debt collection and all direct marketing activities. Alsco keeps the information for as long as the customer has an account or continues to purchase goods and services from Alsco. The customer has the right to access the information held by Alsco for verification or correction purposes.