1. Definitions

1.1 In these terms and conditions, unless the contrary intention appears the following words have the following meanings:

• Advertisement Fee means the amount of payment for a Buyer or a Seeker/ Seller to promote their business on the octowaste website
• ASSERTIVE TECHNOLOGIES means Assertive Technologies Pty Ltd (ABN: 63 967 791 430) trading as octowaste.
• A Buyer refers to recyclers, repurpose companies, reuse companies, and not-for-profits or any other companies want to buy used products via mobile app. or companies that want to sell/list their used products via website
• Buyer Price means a Buyer will define the price for their collection, transport services or recycling services, and transport companies define their price for their delivery services via mobile app.
• Commission Fee means ASSERTIVE TECHNOLOGIES will charge the fee for each transaction completed via octowaste platform once a Buyer and a Seeker approves the job for used products.
• Force Majeure Event means includes events such as fire, explosion, action of the elements, war (including civil war), riots, revolution, legislation and acts of the authorities, strikes, shortage of raw and auxiliary materials, energy or means of transport, governmental regulations or any other contingency beyond the reasonable control of the parties.
• Order means which terms and conditions are attached and submitted via octowaste.
  octowaste mobile app is supplied by ASSERTIVE TECHNOLOGIES refers to the app where a Seeker and a Buyer complete their recycling, collecting used products orders.
  octowaste website is supplied by ASSERTIVE TECHNOLOGIES refers to the website where a Buyer and a Seller buy/sell their used products
• Recycler means a certified recycler with the recycling facility.
• Repurpose company means a company that converts used solar panels and other solar components into new products.
• Reuse company means a company that wants / will use the solar panels, solar components considering all safety and warranty requirements.
• Solar Installer means a certified electrician.
• Not for profits means an organisation that wants to deliver affordable solar systems or repurposed products from used solar components to communities.
• Location means the pickup or drop address specified in the Quote.
• Listing the product refers to a Seller creating a list to sell the used product via octowaste website.
• Order or Job means the accepted tasks by which a Buyer or a Seeker accepts the Quote via mobile app to pick up/ drop off/ recycle tasks.
• A Seeker means a solar installer or any other companies that need recycling, transport services via octowaste mobile app.
• A Seller who wants to sell their used products via octowaste website.
• A Seeker Price refers to the price set by a Seeker for collecting or/and recycling jobs of their used products when creating orders or listing products for a Buyer.
• A Seller Price refers to the price set by a Seller when a Seller creates the product listing to sell their products via octowaste website.
• Used Products means solar components, solar panels, inverters, batteries, cables.

2. Order

• 2.1 The order or product listing contain details of used Products to be supplied by a Seeker (named on the Order) or a Seller and details of pickup and dropoff locations or requested services from the Buyer.
• 2.2 A Seeker or a Seller warrants the information provided by a Seeker/ a Seller in its request is in the form specified by ASSERTIVE TECHNOLOGIES and is true, accurate and complete. Additional costs will be incurred by a Buyer if after issue of this Order it is found that the request contained information that was not correct and/or complete.
• 2.3 On confirmation of order by a Seeker/ a Seller of an accepted jobs or a product listing via octowaste platform a binding contract comes into existence between the a Seeker or a Seller and a Buyer.
• 2.4 If any a Seeker or a Seller does not receive an accepted Order within 2 days from the date of issue appearing on the Order, the Order expires and is thereafter not capable of acceptance.

3. Order Fulfilment

• 3.1 On receipt of an Order on the octowaste, a Seeker will:
  • a) source the used Products that are the subject of the Order; and
  • b) a Buyer delivers those used Products to the Location.
  • c) in consideration for payment of the price for the used products.
• 3.2 On receipt of an acceptance of listing products, a Seller will:
  • a) source the used Products that are the subject of the Order; and
  • b) deliver those used Products to the Location.
  • c) in consideration for payment of the price for the used products.
• 3.3 ASSERTIVE TECHNOLOGIES will take a commissioning fee and the payment automatically once an order is accepted by a Buyer from a Seeker via octowaste mobile app. Once the delivery is completed, the order is selected as completed in octowaste mobile app. The payment will be processed to a Buyer.
• 3.4 ASSERTIVE TECHNOLOGIES will take a commissioning fee and the payment automatically once a product listing is accepted by a Buyer from a Seller via octowaste website. Once the delivery is completed. The payment will be processed to a Seller.
• 3.5 All risk in used Products passes to a Buyer upon delivery, and title in the products only passes upon full payment.
• 3.6 Title to used Products supplied by a Seeker or a Seller passes to a Buyer on receiving payment of the used Product Price in-full for those Products from the Buyer.
• 3.7 ASSERTIVE TECHNOLOGIES may withhold delivery of used Products subject to the Order with immediate effect by giving written notice to a Seeker at any time if ASSERTIVE TECHNOLOGIES forms the reasonable view that a Seeker / Seller will not be able to make the payment for a Buyer or a Buyer will not be able to meet requirements in the Order.

4. Variations

• 4.1 A Buyer or a Seeker /Seller may request a variation of the Order in writing to ASSERTIVE TECHNOLOGIES.
• 4.2 ASSERTIVE TECHNOLOGIES may accept or reject the Buyer’s request at its discretion.
• 4.3 If ASSERTIVE TECHNOLOGIES is willing to accept a variation it will discuss the terms on which it will do so with the Buyer, Seller or Seeker and on their agreement to those terms provide them with written confirmation of any agreed variation.

5. Short Delivery or Damaged Products

• 5.1 If a Buyer claims that used Products delivered to it are damaged or that the wrong quantity of used Products has been delivered to it, a Buyer must notify ASSERTIVE TECHNOLOGIES in writing within three business days of the date of delivery.
• 5.2 If ASSERTIVE TECHNOLOGIES receives a notification under clause 5.1, ASSERTIVE TECHNOLOGIES will (if it agrees that the Products are damaged or otherwise outside agreed specification.):
  • a) refund the price paid for the damaged Products; or
  • b) reclaim from a Seeker who provided the used products.
• 5.3 ASSERTIVE TECHNOLOGIES has no obligation to replace or refund a Buyer for the damaged used Products if a Buyer does not report the damaged Products to ASSERTIVE TECHNOLOGIES within three business days of receipt of the Products.

6. Defects

• 6.1 If a used Product is defective, a Buyer must notify ASSERTIVE TECHNOLOGIES in writing immediately.
• 6.2 ASSERTIVE TECHNOLOGIES will acknowledge receipt of the defect notice within one business day of receipt of the defect notice.
• 6.3 Thereafter ASSERTIVE TECHNOLOGIES will provide to a Seeker or Seller promptly with its response to the defect notice and, if ASSERTIVE TECHNOLOGIES accepts that a defect exists ASSERTIVE TECHNOLOGIES will (at its discretion) either replace or repair the defective product.

7. Price and Payment

• 7.1 The used Product Price is stated in the Order and does not include the cost of freight, insurance, or duties.
• 7.2 ASSERTIVE TECHNOLOGIES will collect the commissioning fee and the payment from a Seeker on receipt of the confirmation of the order. The amount will be deducted via octowaste mobile automatically. ASSERTIVE TECHNOLOGIES will pay the amount to a Buyer once the job is completed via octowaste mobile app in three business days
• 7.3 ASSERTIVE TECHNOLOGIES will collect the commissioning fee and the payment from a Buyer on receipt of the confirmation of the delivery. The amount is deducted via octowaste website automatically in three business days
• 7.4 ASSERTIVE TECHNOLOGIES will pay a Seller on receipt of the confirmation of the delivery via octowaste website automatically.
• 7.5 The Parties must pay ASSERTIVE TECHNOLOGIES interest on the overdue amounts at 1.5% interest per calendar month on any amount unpaid.
• 7.6 The Parties agree that ASSERTIVE TECHNOLOGIES shall be entitled to determine and revise the prices and users are obliged to comply with the prices determined by ASSERTIVE TECHNOLOGIES

8. Product Warranties

• 8.1 For each used Product supplied pursuant to this Order, this Product will:
  • a) conform to and operate (for a period of not less than declared period by a Seeker) substantially in accordance with the specifications published by a Seeker for that used Product (such specifications being available on request);
  • b) comply with all relevant Laws;
  • c) be in the same condition defined in the order on delivery to the Buyer; and
  • d) be free from defects or omissions in materials, performance and workmanship.
• 8.2 ASSERTIVE TECHNOLOGIES is merely a facilitator of transactions between the parties and cannot therefore provide any Product warranties in respect of the Products subject to an Order but will facilitate refunds or reclaims for warranted issues. ASSERTIVE TECHNOLOGIES can not provide any warranty as to the safety of the products and expressly denies any liability in respect of the product however caused.
• 8.3 ASSERTIVE TECHNOLOGIES’s obligations under these warranties are limited to refund or reclaim ASSERTIVE TECHNOLOGIES ’s discretion, the Products which are subject of the warranty.

9. Indemnity

• 9.1 A Buyer or a Seeker indemnifies ASSERTIVE TECHNOLOGIES against any claim, action, greenwash, proceeding, damage, loss, liability, cost, charge, expense, outgoing or payment incurred by or asserted against ASSERTIVE TECHNOLOGIES arising out of or in connection with any negligent or unlawful act or omission or breach of statutory duty by a Buyer, a Seeker or its representatives, subcontractors, agents or employees.

10. Force Majeure

• 10.1 It is not a breach of these terms and conditions if ASSERTIVE TECHNOLOGIES is unable to fulfil its obligations described herein because of a Force Majeure Event affecting it and performance of those obligations will be suspended until the Force Majeure Event has ceased to prevent performance of those obligations.
• 10.2 ASSERTIVE TECHNOLOGIES, if affected by a Force Majeure Event, will:
  • a)give notice to a Buyer or a Seeker / Seller immediately in writing of the Force Majeure Event, and set out in the notice:
    • i) the details of the Force Majeure Event;
    • ii) identify the nature and extent of the obligations affected by the Force Majeure Event; and
  • b) the anticipated duration of the Force Majeure Event; and
  • c) take all reasonable steps to avoid, remove or limit the effects of the Force Majeure Event on its performance of the suspended obligations as quickly as possible; and
  • d) promptly recommence performance of the suspended obligations as soon as reasonably possible.
• 10.3 A Force Majeure Event will not relieve ASSERTIVE TECHNOLOGIES affected from the subsequent compliance with its obligations under these terms and conditions, once the Force Majeure Event has ceased to prevent performance of those obligations.

11. General

• 11.1 All parties acknowledge that ASSERTIVE TECHNOLOGIES acts at all times as an intermediary facilitator of transactions and takes all steps it deems necessary in order to facilitate transaction however it cannot be deemed responsible for any actions, costs or losses by Buyer, Seeker / Seller or any other person impacted by the transaction however so caused.
• 11.2 Any variation to these terms and conditions must be agreed by and signed by ASSERTIVE TECHNOLOGIES and the Customer.
• 11.3 Any part or all of any provision of these terms and conditions that is illegal or unenforceable will be severed from these terms and conditions and will not affect the remainder.
• 11.4 These terms and conditions are governed by and are to be construed in accordance with the laws of Queensland. Each of ASSERTIVE TECHNOLOGIES and the Customer submit to the non-exclusive jurisdiction of courts, exercising jurisdiction there.
• 11.5 A Buyer and a Seeker / Seller agree that both parties are not disclose their contact details to each other. All communications will be communicated via octowaste
• 11.6 These terms are governed by Queensland law.