These terms and conditions of sale, as amended from time to time by Local Skip Bins Hire A.C.N 648335997 trading as Local Skip Bins Hire (“Supplier’), apply to the provision of Skip Bins (“Service”) by the Supplier to the Hirer.
2. Quotations and orders
Any quotation given by the Supplier to the Hirer is not an offer or obligation to provide service but an invitation to treat only. The Supplier reserves the right to accept or reject any order it receives from the Hirer.
If the Hirer defaults under these terms and conditions, the Supplier may cancel, suspend or vary the terms and conditions of any incomplete order or supply that has been accepted by the Supplier without notice to the Hirer and without being liable to the Hirer.
The Supplier is not responsible to the Hirer for a breach of its obligation to supply the skip bins or collection pursuant to an order the Supplier has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of the Supplier (including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
Under no circumstances is the Supplier liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Supplier’s liability is limited to the order price of the Service.
3. Length of hire
The standard hire is 3 days unless prior agreement. Additional charges of $25.00 per person per 15 minute increment shall be charged for the removal of excess waste on the Hirer’s address of delivery. Where the truck is required to return to pick up the skip bin for any reason, the Hirer shall incur a fee of $250.00.
Orders made by the Hirer who is either an individual, a company, or the individual ordering on behalf of the company shall be responsible for the payment and management of waste type. The individual who ordered the bin is as liable as the company they have ordered the bin for. The owner of the company shall also be personally liable.
Prices quoted in any quotation or order, apply to that quotation or order only and do not apply in any other circumstances. All prices quoted are net of Goods and Services Tax (“GST”). Unless specifically provided for at law, GST will be charged on all orders made. Prices listed may be inaccurate or incorrect due to factors beyond the control of the Supplier and the Supplier cannot be bound to provide the service at price listed. We reserve our rights to alter prices on all services as we deem fit.
All invoices are payable in full on making of the order unless otherwise agreed between the Supplier and Hirer. GST will be added to all orders and must be paid together with the price at the time that the order is made. The Hirer may be liable for fees and charges for processing payments. In the event that the Hirer has paid a deposit and does not proceed with the sale, the Supplier may keep the deposit. Time is of the essence for all the Hirer’s obligations.
7. Council permits
The costs of obtaining any permits including Council permit or any other fees associated to obtaining Council permit shall be at the Hirer’s cost.
8. Non Payment
The Hirer is liable for all legal fees, council fees, council permits and any other cost that impact upon length of hire and returning to pick up the skip bins. The Supplier reserves the right to charge interest to the Hirer on overdue accounts at the time that payment for the Services became overdue. The Hirer agrees to pay the Supplier any expenses (including legal costs) incurred in collecting any outstanding debts due by the Hirer to the Supplier.
9. Waste types
Waste types must be adhered to (see attachment for definition of each waste category). If incorrect waste is placed into the skip bin either by the Hirer, a third party known or unkown to the Hirer or any subsidiary on behalf of the Hirer, the Hirer shall be liable for any and all additional charges. The Supplier may at its discretion opt for a full or partial tip out on the Hirer’s delivery address. Where the bin is to be placed or located on Council property, then a charge of $110.00 per hour labour charges applies for a minimum of 4 hours per person to tip out on the Hirer’s delivery address.
Asbestos must be dealt with by a certified professional and must be to satisfaction of the Supplier. All contents of the skip bin must be removed at the Hirer’s cost and no refund will be provided by the Supplier. Where payment has not been made in full, payment of the invoice will still apply. The Hirer shall be liable for all fines, permits and liabilities.
Mattresses & tyres
Additional charges apply for mattresses and tyres. The additional charges shall be in the following; Mattresses $60.00 each, car tyres $10.00 each, car tyres on the rim $20.00 each and truck tyres $30.00 each.
Where the agreement for skip bins has been organized for concrete only collection, no other material waste can be placed in the bins. Concrete waste is to be placed in concrete only bins.
Clean fill soil only
Where the agreement for skip bins has been organized for clean fill soil only, clean fill soil must be placed in the bin no other materials (including clay) can be placed in the bin.
Large heavy items
No large items that are heavy are to be placed within the skip bins. The Supplier reserves the right to not pick up the skip bins until the large heavy items are removed. The Hirer shall also incur an additional fee of $250.00.
Under no circumstances should tree stumps be placed inside the skip bin. The Supplier reserves the right to not pick up the skip bins until the Hirer has removed all tree stumps from the bin. If pick up is rejected by the Supplier, the Hirer will incur an additional fee of $250.00.
Overfilled bins will incur a charge of minimum $25.00 per person per 15 minute increment to remove excess waste onto the Hirer’s address of delivery. If the truck is required to return to pick up the bin due to overfilling, the Hirer shall be liable for an additional return fee of $250.00.
11. Bin access
The Hirer shall be responsible for providing access for delivery and pick up. Turn away charges apply if access is not suitable. If the truck is required to return to pick up or deliver the bin, the Hirer shall be liable for an additional fee of $250.00. Suitability of access for the delivery or pick up of skip bins shall be at the discretion of the Supplier.
12. Turn away charge
If the truck is required to return to deliver or pick up the skip bin, the Hirer shall be liable for a fee of $250.00.
13. Where bin cannot be safely placed on property
If the environment of delivery or pick up does not meet Occupational Health & Safety (OH&S) standards or for any other reason deemed unsafe by the Supplier, its employees or contractors, the Supplier has the right to arrange council permits or any other means necessary to complete the delivery or pick up of the bin in accordance to OH&S standards. If the Hirer is not happy with the arrangement taken by the Suppler, the Hirer will incur a fee of $250.00.
14. Damages to skip bins
The Hirer is responsible of the skip bins while the bin is located on the property of the Hirer and any damages to skip bins shall be the liability of the Hirer. The amount charged to the Hirer in the event of damage to skip bins will be determined by the Supplier.
15. Retention of Title
The Supplier retains full Title in all equipment, trucks, skip bins and any other equipment that is provided to the Hirer during the length of hire.
16. Claims and liabilities
Any claim by the Hirer as to incorrect performance or breach of these terms and conditions must be made to the Supplier in writing within 7 days of delivery, for which time is of the essence. Where a claim relates to the warranties under Clause 15, the limitations and exclusions in that clause apply. The total liability of the Supplier, its employees, servants and agents is limited to one or more of the following at the opt ion of the Supplier:
-payment of the cost of replacing the Service or of acquiring equivalent Service;
-and does not extend to consequential loss or damage.
Unless specified there is no warranty on any Service. If the Hirer is a consumer for the purposes of the Australian Consumer Law, certain guarantees may be conferred on the Hirer and certain rights and remedies may be conferred on the Hirer which cannot be excluded, restricted or removed. if so, then to the maximum extent permitted by law, our liability to the Hirer is limited to in the case of services, resupply of the services or payment of the cost of re-supplying the services. In this clause, Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010. Our liability to the customer for negligence and breach of contract is limited to the cost of resupplying Services ordered. For the purposes of making any claim under warranty, the Hirer must raise a claim with the Supplier within 7 days of the delivery of skip to the Hirer’s address of delivery.
18. Availability of Service
You, the Hirer acknowledge and agree that from time to time, the Service may not be available and the Supplier may not be able to fulfil all or part of the order. If this occurs, the Supplier will use reasonable endeavours to either source skip bins or to contact you within five (5) Business Days to make alternative arrangements for the supply of the skip bins or arrange a full or partial refund or come to an alternate arrangement.
Where the Supplier agrees to provide a refund, the Supplier will use reasonable endeavours to process the refund within five (5) Business Days. The receipt of refund will be dependent on the period of time taken by the financial institution to finalise the refund. The Supplier shall not be liable with respect to any loss the Hirer or any third party might suffer as a result of any delay in processing the refund. The Supplier reserves the right to withdraw or suspend any Service provided either temporarily or permanently at any time without notice to the Hirer. The Supplier will not be liable to the Hirer for any loss incurred by the Hirer or any third party of the Hirer as a result of the withdrawal or suspension with respect to the Service.
Where the Supplier has withdrawn or suspended the Service and the Hirer’s payment for the service has been processed, the Supplier will use reasonable endeavours to refund any money paid to the Supplier in respect to the Service within five (5) Business Days.
19. Health and Safety
It is the Hirer’s responsibility to ensure that all Occupational Health & Safety (OH&S) regulations are observed and other appropriate steps taken in relation to usage of the skip bins and to bring to the attention of the Supplier, its employees, agent and sub-contractors on hazards relating to the Hirer’s address of delivery of the skip bins. Without prejudice to the foregoing, it is also the Hirer’s responsibility to provide a safe facility for the reception of skip bins from the Supplier.
20. Fitness for Purpose
The Hirer agrees that it does not rely on the skill or judgment of the Supplier in relation to the suitability of any Service for a particular purpose unless it has indicated that purpose in writing to the Supplier and the Supplier has acknowledged in writing that the Service will be fit for the particular purpose.
No waiver by the Supplier of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Supplier, its employees or agents (which but for this clause ought or might amount to a waiver of the Supplier’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Supplier’s rights and powers in respect of such breach or default.
Any notice required under this agreement must be in writing and given by post, facsimile or by hand to the Supplier or the Hirer at the address on quotation or as is notified in writing by one party to the other.
23. Governing law
This contract is governed by the laws of the state of Victoria, notwithstanding the place in which the Service or any of them are to be delivered. The Hirer and the Supplier irrevocably submit to the exclusive jurisdiction of the Courts of Victoria.
24. Whole agreement
These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Hirer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Supplier.