TERMS AND CONDITIONS OF HIRE
Important: These terms and conditions constitute a binding legal agreement and apply when you hire a Skip Bin from us. Please read these terms and conditions before you hire a Skip Bin. If you have any queries regarding these terms and conditions you can contact us via phone at 1800755507 or email firstname.lastname@example.org.
- In this Agreement the term:
Additional Charges means the additional charges referred to in clause 3(b);
Agreement means these Terms and Conditions of Hire;
Business Day means a day that is not a Saturday, Sunday, or public holiday in the State of South Australia;
The clause means a clause of this Agreement;
Collection Date means the date for the collection of the Selected Skip Bin from the Site Address which date shall be the fifth Business Day after the Delivery date;
Delivery Date means the date that is agreed by You and Us to be the date for delivery of the Selected Skip Bin to the Site Address;
Delivery Point means the location at the Site Address that you direct or instruct Our employee, contractor, or workman to place the Selected Skip Bin;
Excess Loading Charges means additional charges payable for materials placed in the Selected Skip Bin that protrude beyond the internal dimensions of the Selected Skip Bin. For example, materials placed in the Selected Skip Bin that exceed the height, length or width of the Selected Skip Bin; Excess Retrieval Charges means the charges per day or part thereof when the Selected Skip Bin remains at the Site Address after the Collection Date and to the date when the Selected Skip Bin is reasonably available for collection by Us on a Business Day; GST means any Commonwealth or State tax or fee that is levied or imposed on or in connection with the supply of goods or services;
Law means any Act of a State or Commonwealth Parliament and includes any regulations made under such Act and any by-law, ordinance, rule or instrument made by any governmental, local government or statutory authority or body under any legislation.
Prohibited Materials means any liquids or any explosive, dangerous, toxic, hazardous or noxious material including but not limited to gas cylinders, asbestos, acids, solvents, chemicals, paints, oils, medical or biological waste, radioactive materials or any combination of such materials and any material or substance referred to as a Prohibited Material on Our Website at the time this Agreement is entered into or anything that may contravene any Law;
Restricted Access means a Site Address that, in the opinion of Our contractor, employee or workman, hinders, prevents or restricts the delivery or collection of the Selected Skip Bin including, without limiting the foregoing, any access that requires our vehicle to traverse a gradient or path that in the opinion of Our contractor, employee or workman could give rise to dangerous circumstances or circumstances that pose work, health and safety issues to persons in the vicinity of the Site Address or Delivery Point;
Restricted Access Charges means all fees, costs, expenses, loss or damage that We incur as a direct or indirect consequence of delivering or collecting or attempting to deliver or collect the Selected Skip Bin from a Site Address that has Restricted Access.
Selected Skip Bin means the Skip Bin of the size that you request us to deliver to the Site Address when placing your order for a Skip Bin on Our Website or via phone order or through a third party.
Skip Bin means a receptacle for the deposit of waste materials of a type referred to on Our Website;
Specified Fees means the fees published on Our Website at the time of entering into this Agreement or otherwise quoted by us for the hire of the Selected Skip Bin;
Site Address means the address for delivery of the Selected Skip Bin notified by You to Us;
Specified Waste Materials mean the Waste Type but excludes Prohibited Materials;
Tipping Charges means any charges We incur to meet tipping fees or special tipping fees and all handling charges including Excess Loading Charges, expenses and costs incurred by us to deal with Prohibited Materials or other Waste Type where such fees and handling charges are imposed by the tip or waste station where We dispose of the waste materials;
Waste Type means waste comprising only material of a type specified by us on Our Website being “Household Waste”, “Mixed Waste”, “Green Waste”, “Mixed Heavy” or “Bricks/Concrete and Tiles”;
You and Your means the person who places the order for the Selected Skip Bin with Us and, if acting for and on behalf of another person, includes that other person;
We, Us and Our means Flehan Skips Pty Ltd (ABN 89648832937) trading as “Flehan Skips”.
Website means the website of Flehan Skips having the URL http:// www.flehanskips.com.au.
In this Agreement where the context requires or permits:
a reference to a person includes an association, body corporate, company, the partners of a partnership and a trustee of a trust and vice versa respectively;
the singular includes the plural and vice versa;
- no rule of construction or interpretation shall apply to the disadvantage of a party on the basis that the party prepared or put forward this Agreement;
- Headings are for convenience of only and shall not affect the interpretation of this Agreement; and
- if a provision of this Agreement is unenforceable, voidable or void, then it shall be read down so that it is enforceable and valid and if the provision can not be read down then it shall be severed but so that the remaining provisions of this Agreement continue in full force and effect.
- In this Agreement the term:
- By placing an order with Us for a Selected Skip Bin you agree to rent the Selected Skip Bin from Us on the terms and conditions set forth in this Agreement.
- Provided that you have paid the Specified Fees in full We will deliver the Selected Skip Bin to the Site Address on the Delivery Date and collect the Selected Skip Bin from the Site Address on the Collection Date.
FEES AND CHARGES
- In consideration of Us entering into this Agreement You agree to pay the Specified Fees to Us.
- In addition to the Specified Fees we may impose and you agree to pay the following additional
- Excess Retrieval Charges;
- Excess Loading Charges;
- Restricted Access Charges; and
- Tipping Charges.
- You agree to pay the Specified Fees in full at the time of placing your order for the Selected Skip Bin and will provide to Us details of the bank or credit card account from which you hereby irrevocably authorise Us to debit the Specified Fees.
- You agree to pay any Additional Charges we invoice to You and You hereby irrevocably authorise Us to debit the amount stated in the invoice from the bank or credit card account referred to in clause 4(a).
You acknowledge and agree:
- to use the Selected Skip Bin in reasonable, safe and sensible manner;
- to bear responsibility and accept liability for any loss, damage or destruction of the Selected Skip Bin while it is at the Site Address whether or not the loss, damage or destruction was caused by You or another person;
- to return the Selected Skip Bin to Us in the same state and condition as when the Selected Skip Bin was delivered to the Site Address, subject only to fair wear and tear;
- to ensure that the Selected Skip Bin is ready and available for collection by Us by no later than 8 am on the Collection Date;
- not to charge, encumber, transfer or otherwise grant to any person any legal or equitable interest or any form of security in or over the Selected Skip Bin;
- not to use the Selected Skip Bin for any purpose other than for the disposal of Specified Waste Materials;
- to obtain all necessary approvals and permits that may be required from any local council, governmental authority, body corporate or third party for the delivery, storage and collection of the Selected Skip Bin at the Site Address and the Delivery Point;
- without limiting the indemnities under this Agreement to assume all liability and responsibility for the Selected Skip Bin at the Site Address including liability for trespass to land, public or private nuisance, injury, death, penalties and fines including any penalties or fines where the Selected Skip Bin is placed on a footpath, road, lane, public property or private property not owned by You; and
- to bear responsibility and accept liability for all materials placed in the Selected Skip Bin including materials placed in the Selected Skip Bin by another person with or without your knowledge and whether or not such person was authorised by You to do so.
RESTRICTIONS ON USE OF SKIP BIN
You shall not, nor suffer or permit any person to:
- Place prohibited Materials in the Selected Skip Bin;
- light fires, burn or allow the burning of waste materials in the Selected Skip Bin;
- excessively fill the Selected Skip Bin whereby the contents protrude beyond the internal dimensions of the Selected Skip Bin;
- relocate or move the Selected Skip Bin from the Site Address or Delivery Point unless otherwise expressly authorised in writing by Us;
- use the Selected Skip Bin for any purpose that contravenes this Agreement or any Law; and
- use the Selected Skip Bin for any other purpose other than the disposal of Specified Waste Materials.
You acknowledge and agree that:
- we shall not be liable for the tort of conversion, detinue or trespass to goods for the disposal or removal of any materials placed in the Selected Skip Bin and You hereby agree to indemnify Us and keep harmless as against Us any and all claims and demands for costs, fees, expenses, loss and damage and court orders relating in any way to the disposal or removal of materials placed in the Selected Skip Bin;
- title in the contents of the Selected Skip Bin remain with You where the contents of the Selected Skip Bin comprise or include Prohibited Materials until and if We dispose of such contents;
- if the contents of the Selected Skip Bin comprise or include Prohibited Materials or the contents of
the Selected Skip Bin protrude beyond the internal dimensions of the Selected Skip Bin We may at our
- dispose of the contents;
- empty the contents at the Site Address and in that event the contents shall be Your sole responsibility; or
- leave the Selected Skip Bin at the Site Address with Additional Charges applying until such time We are able to collect the Selected Skip Bin from the Site Address free of any Prohibited Materials or any materials that protrude beyond the internal dimensions of the Selected Skip Bin.
CANCELLATION OR VARIATION OR ORDER BY YOU
- You may cancel or vary any order placed by You for a Selected Skip Bin provided You give Us reasonable notice (being not less than four (4) hours prior to the scheduled time for the delivery of the Selected Skip Bin to the Site Address) of the cancellation or variation.
- If You cancel your order for the Selected Skip Bin and have:
- given reasonable notice of the cancellation to Us then We will refund the Specified Fees paid by You less any bank charges or fees that We have incurred; or
- not given reasonable notice of the cancellation to Us then We may retain one hundred dollars ($100) of the Specified Fees paid by You and any bank charges or fees that We have incurred before refunding the balance of the Specified Fees to You.
- In the event that You seek to vary Your order for the Selected Skip Bin, the granting of the variation sought shall be at Our absolute discretion and may be subject to payment of additional fees and charges and other reasonable costs incurred by Us.
CANCELLATION OF ORDER BY US
We may at our option cancel Your order for the Selected Skip Bin if:
- the Specified Fees are not paid in full for any reason including that We have been unable to debit the Specified Fees from the bank account referred to in clause 4(a) due to insufficient funds standing in that account;
- for any reason beyond our reasonable control (including climatic conditions, a strike, lockout, industrial dispute, an act of God or shortage of Skip Bins) We are unable to deliver the Specified Skip Bin to the Site Address on or prior to the Delivery Date. However, You shall then be entitled to receive a full refund of the Specified Fees paid by You to Us and We shall have no further liability to You under this Agreement or at all; and
- when attending the Site Address our employee, contractor or workman reasonably determines that there exists Restricted Access.
RISK OF LOSS OR DAMAGE TO SKIP BIN
You bear full responsibility and shall be liable for all loss, damage or destruction to the Selected Skip Bin while it is at the Site Address.
SITE ACCESS AND CONDITIONS
You acknowledge and agree that:
- you are responsible for ensuring that We are given free and safe access to the Site Address and that the Delivery Point for the Selected Skip Bin is free of obstructions and is reasonably accessible for the delivery and collection of the Selected Skip Bin by Us and that the Delivery Point (including access heights) is suitable for the placement, storage and removal of the Selected Skip Bin; and
- We shall have no responsibility whatsoever for any damage caused to the ground, surface, road, path or passage of the Site Address or the Delivery Point or any location designated near or in proximity to the Site Address or Delivery Point.
This Agreement may not be assigned by You without Our prior consent in writing.
You agree that You are responsible for and shall indemnify Us against all liability for loss, damage or injury whatsoever and howsoever described arising or caused by any breach of this Agreement by You or the custody and control of the Selected Skip Bin by You or Your agents, employees, contractors or workman any other third party while the Selected Skip Bin is at the Site Address.
COMPLIANCE WITH LAW
Throughout the continuance of this Agreement, You must at your own cost and expense in all things conform with all Laws so far as the same applies to the delivery, storage, use or collection of the Selected Skip Bin at the Site Address and You agree indemnify Us from and keep harmless as against Us all actions, costs, charges, claims, demands, expenses or loss and damage for any non-compliance with or contravention of such Laws.
EXCLUSION OF IMPLIED WARRANTIES
- To the full extent permissible by law the operation of any implied statutory terms and warranties are hereby excluded.
- We do not limit or exclude the application of any provision of any statute (including the National Consumer Code (Cth.) if you are a “consumer” as that term is defined in the Code) where to do so would contravene that statute or cause this clause 13 or any part of this clause to be void.
- In the event that We breach this Agreement, or are liable for loss or damage, We shall not be liable
for any consequential loss (including economic and financial loss or loss of profit) and our
liability to You shall be limited to as We may decide:
- supplying of the service or goods again;
- supplying of equivalent goods or services; or
- the payment of the cost of having such services or goods supplied again.
RETENTION OF TITLE
You acknowledge and agree that:
- We retain all legal and equitable rights, title and interest in the Selected Skip Bin whatsoever and howsoever described;
- If You become bankrupt or insolvent or subject to external administration (including by the appointment of an external administrator, manager, receiver, liquidator or trustee) then our obligations to You under this Agreement shall immediately thereby end and We may collect the Selected Skip Bin from the Site Address without notice to You;
- You will not hinder, obstruct or prevent Us from collecting the Selected Skip Bin from the Site Address or permit or suffer any other person to do any of those things;
- As concerns all items, objects, materials or like articles present in the Selected Skip Bin at the time of collection by Us (aside from any Prohibited Materials) and capable of being transferred to the Us by You, and to the fullest extent permissible by law, You acknowledge and agree that the Supplier shall automatically and irrevocably obtain ownership of the same on and from the Commencement Date; and
- If this Agreement contains or gives rise to a Security Interest for the purposes of the Personal
Property and Security Act 2009 (Cth.) (PPSA):
- We will be entitled to Perfect such Security Interest by the registration on the Register;
- You waive any and all entitlements under the PPSA regarding notices;
- at Our request and at Your cost and expense in all things, you will do all acts, matters and things necessary to ensure that we hold a valid and Perfected Security Interest; Non-compliance by You with this clause will constitute a breach of this Agreement; and
- any cost associated with the enforcement of our rights under the PPSA shall be payable by You.
WARRANTY OF AUTHORITY
If you place an order with Us on behalf of another person you warrant that you have authority to enter into this Agreement on behalf of that person. You agree to indemnify Us from and in respect of all claims, demands, expenses, loss and damage and liability arising from a breach of this warranty.
Where You fail to comply with the terms of this Agreement, or otherwise where the you notify Us by way of writing that you wish to cease to hire a Selected Skip Bin, you provide an enduring and irrevocable authority for Us, or any agent or nominee of Us, to enter onto any premises where a Selected Skip Bin is located, to reclaim any Selected Skip Bin and any plant and equipment owned by Us.
If a dispute arises between Us and You in relation to the Specified Fees or Additional Charges You will notify us in writing of the dispute and agree to discuss the dispute in good faith with Us to resolve the dispute.
This Agreement embodies the entire agreement between You and Us and any agreement, representation, statement, undertaking or warranty not set forth in this Agreement is hereby expressly negatived
We may waive any obligation or requirement under this Agreement by giving written notice to You of such waiver provided always that such waiver will only apply in respect of the specific event stated in the notice and shall not apply to any other event.
We may amend, modify or vary these terms and conditions at any time and from time to time. Such amendment, modification or variation shall take effect upon the expiration of five (5) Business Days after these terms and conditions with the amendment, modification or variation are published on Our Website
This Agreement shall be construed and take effect in accordance with the laws of the State of South Australia. We and You each submit to the jurisdiction of the Courts of that place including all Courts of Appeal therefrom and this clause may be pleaded as a bar to action or suit brought in any Court in any place outside the State of South Australia.