Statement of Compliance
- It is the Customers responsibility that the waste deposited meets the chemical contamination requirements for recycling depots or their intended use.
- Please note that appropriate protective PPE should be used when handling any natural or recycled matter. Information is available on the EPA website at http://www.enviroment.nsw.gov.au/waste RRecoveryExemptions.htm
Terms and Conditions of Hire or Delivery of Service ('Terms')
The Business meaning (Skip Bin Guy’s) will issue the Agreement for hire of equipment which the Customer or agent of the Customer will sign upon receipt of the Equipment and pay the total invoice amount if payment has not been made. If signed by an agent of the Hirer, he or she warrants that he or she has authority for and behalf of the hirer. By signing this Agreement where indicated on the Tax Invoice/and or Delivery Docket, the Hirer agrees to have read all the terms forming the agreement. In these Terms the following expression will, where the context admits, have the following meaning.
- The Business means ‘Skip Bin Guy’s’ and other related entities or otherwise including the entity listed on the Tax Invoice and any subsidiaries and/or assignees of these entities.
- ‘The Agreement’ means these Terms, the credit application and the credit terms (if applicable), the Tax Invoice and/or Delivery Docket as is applicable between the Skip Bin Guy’s and the Hirer.
- Equipment’ means the equipment provided to the Hirer pursuant to these Terms described on the Tax Invoice and/or Delivery Docket including all container used for the storage or waste material that include but are limited to skip bins, hook bins, front load binds, stationary compaction units, stationary baling units, waste material loading devices, tanks and such other on-site devices as may be specified on the Tax Invoice and/or Delivery Docket
- ‘Charges ‘means the amount specified in the Tax Invoice/and or Delivery Docket as being the charge by the business for the rendering of Service and for the hire of Equipment
- ‘Customer/Hirer means the person to or for whom the Equipment and the Services are provided by the business, if the Customer comprises more than one person the expression includes each of the them jointly and severally
- ‘Delivery Docket’ means the document titled ‘delivery docket’ issued by the business to the customer
- Hire Period ‘means the period specified on the Tax Invoice and/or Delivery docket and is the period from which the hire commences when the Customer takes possession of the Equipment or when the business delivers the equipment to the location in accordance with the Customer instructions, whichever is earlier. (Delivery date specified on Tax Invoice and/ or Delivery Docket).
- ‘Service’ means the service described in the Tax Invoice and/or Delivery Docket
- Site Address ‘means the location of where the Equipment is located and used when in Customer’s possession
- Tax Invoice means the document titled tax invoice issued by ‘Skip Bin Guy’s’ (business) to the Customer
- The Customer hires the Equipment for the Hire Period.
- The Hire Period must not exceed 21 days
- If the Customer wishes to extend the Hire Period. The Hire Period may only be renewed by agreement between the parties prior to completion of the Hire Period. Where the hire agreement is renewed verbally between the parties, such agreement is evidenced when it is entered on Skip Bin Guy’s computer system.
- All hire charges are quoted GST inclusive and payable in advance unless prior arrangement is made.
- The hire rates listed or quoted are for seven (7) full days with pick up on the 8th day, no notice required. Long term hire are by arrangement with ‘Skip Bin Guy’s’.
- Hire charges are subject to change without notice, unless a quote has been given by the business
- The Equipment is for the storage and collection of non-hazardous waste materials.
- The Customer is responsible for the cleanliness, security and safekeeping of the Equipment at all times during the Hire Period.
- The Customer must not:-
- Make any alterations or improvements to the Equipment without prior written consent of the business.
- Overload or over fill the Equipment, and/ or use it for incineration purposes.
- The Customer is liable to the business for loss or damage in excess of reasonable wear and tear.
- The Customer Warrants that
- Waste Delivered to the business or the contents of the Equipment will not contain any tyres, mattresses, hazardous or toxic waste as defined by applicable laws or regulation of the Commonwealth and States and Territories of Australia and that no free flowing liquids or viscous materials shall be deposited by the Customer into the Equipment unless the Equipment is supplied by the business for that purpose. Additional charges will be incurred and apply.
- No mechanical means will be used to compact the contents being placed in the Equipment unless the Equipment is supplied for that purpose by the business.
- The Customer acknowledges that in all circumstances ‘Skip Bin Guy’s” retains title to the Equipment and in no circumstances will it be deemed a fixture. The rights of the Customers to use the equipment as a bailee only during the Hire Period.
- The Customer is not entitled to offer, sell, assign, sub-let, mortgage, pledge or otherwise deal with the Equipment in any such way without the written consent of the business.
The Customer will compensate the business for any loss or carnage caused to the business Equipment at current market value of the Equipment, valued at the time of the reporting of the loss or damage. This does not apply to damage to Equipment caused by the business employees.
- The Customer agrees to defend, hold nameless and indemnity the business against claims, lawsuits and any other liability or injury to persons or damage to property or the environment connected with or relating to the use of the Equipment by the Customer or breach any warranty by the customer or the use or the means of access or other routes by the business.
- On collection day the business vehicle must have clear access to the equipment. If the Equipment is blocked to prohibit collection, the customer will be notified and an additional attempt shall be made for collection by the business vehicle. Any further attempts made for collection will be classified ‘Extra Service’ and so duly charged.
Charges and Payments
- The customer must pay the business for the delivery and collection of the equipment provided by the business (including all charges for equipment maintenance). In accordance with the charges within (7) days after the date of tax invoice from the business and time shall be of the essence. Additional charges will be incurred for overloading of the equipment.
- Payment is accepted by cash, credit or electronic funds transfer but no cheques will be accepted except by prior arrangement. The business accepts Visa or MasterCard without surcharge. Payment by American Express attracts a 3.5% surcharge to cover additional merchant fees.
- Notwithstanding anything herein contained, hiring charges commence from the commencement of the hire period.
- If the Customer cancels the service on route the business reserves the right to charge a cancellation fee of up to $150.
- Responsibility for disposal of and ownership of the contents of the equipment remains with the customer until payment is received in full by the business. Where accounts are not paid when due the business is entitled to empty, either at collection of the equipment or later, the contents of the equipment or the same amount of material by volume at the site address where the equipment was located at pick-up by the business. This includes any prohibited material found in the equipment which is unpaid for.
- The Customer accepts responsibility and any additional charges for any prohibited waste found in the equipment. Prohibited waste includes fibre/asbestos, liquids and any other contaminated materials.
- Changes in timeliness, frequency of collection service, number capacity and type of Equipment is not warranted by the business and can be subject to influence outside the business’s control
- The business reserves the right to charge the Customer for difficult access of which it has not been advised, quoted or noted until arrival on site. The extra charges will be noted as ‘Labour ‘on the invoice and will be based on the extra time taken to complete the delivery or pick up of the equipment. Difficult factors can be deemed as Time Consuming, narrow excess, uneven ground, obstructions etc. Waiting Time or Demurrage can also be charged at Skip Bin Guy’s discretion.
- The Customer must advise the business within (2) working days of any changes occurring in its business structure as shown in the Tax Invoice/Delivery Docket. The person or entity shown in the business records as the Customer remains liable to the business for Services supplied until such time as the person or entity operating the new business structure has executed these terms.
- Nothing contained in this Agreement prevents the business from charging, assigning, and pledging, mortgaging, transferring or otherwise disposing of, in whole or part, its rights hereunder. Should the business make such assignments and should it default in any of the terms and conditions of this Agreement the Customer may not, as to such assignee, terminate this Agreement or subject the Customers obligation to pay money under this Agreement to any diminution or right of set-of.
- The Customer warrants that any access provided by the Customer for the Equipment location is sufficient to bear The weight empty or loaded of all the equipment and vehicle combined as reasonably required to perform the Service. The business is not responsible for any damage to private or public pavement, driveway, roadway or accompanying service or other route reasonably necessary to perform the service.
- Wherever possible the Customer shall have a representative at the site at the time of delivery or collection of Equipment. The Customer must ensure that the site is served by a firm access road and the site is firm, level and free from flooding, trees and overhead and ground obstructions. The business is not liable to the Customers site, access, plants overhead or underground conduits or cables or services occasioned thereby and the Customer shall indemnify the business from all actions loss and demands in connection therewith. Any resulting additional resulting costs, including reasonably incurred legal costs by the business, shall be paid by the Customer.
- To the extent that the Customer controls the site located at the site address, the Customer must provide access to the Business for the purpose of its collection of its Equipment on the collection day or immediately on termination of this Agreement whereby the business may access the site address without notice.
- Any infringement notices e.g. .Council, RTA, etc., issued as a result of the Equipment being placed on local council or Public land is the responsibility of the Customer.
- To the extent that the Equipment hire arrangement documented in these Terms constitutes a PPSA lease, this section applies.
- Defined terms in this section have the same meaning as given to them in the PPSA.
- The parties acknowledge that these terms create a Security Interest under the PPSA in favour of us over the Equipment Supplied to Customer, as Grantor pursuant to the Terms and over the protocols to the Terms and over the Proceeds Including but not limited to any sale or rent monies or an account for such monies and insurance monies.
- The Equipment supplied or to be supplied under the Terms fall within the PPSA classification of Óther Goods’ leased by The Customer pursuant to the Terms and will be the Business’s Commercial property.
- The parties acknowledge that a Secured Party the business is entitled to register its Security Interest in the Equipment supplied or to be supplied to the Customer under the Terms on the PPSA Register as Collateral.
- To the extent permissible at law, the Customer
waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Charge Statement relating to a Security Interest granted by the Customer, as grantor to the business.
agree to indemnity the business on demand for all costs and expenses, including legal cost and expenses on a solicitor client basis associated with the;
- registration or amendment of discharge of any Financing Agreement registered by or on behalf of the Business and
- enforcement or attempted enforcement of any Security Interest granted to the Company by the Customer
- The parties acknowledge that for the purpose of section 109(1) of the PPSA, each lease under the Terms does not secure payment or performance of an obligation. However if Chapter 4 of the PPSA does apply to the enforcement of a security interest arising under or in connection with a lease under the Terms the Customer agrees to the extent permissible at law to the following;
- That nothing in section 130 to 143of the PPSA will apply to these Terms of the Security under these Terms
- to waive its right to any of the following under the PPSA
- receive notice of removal of an Accession under section 95
- receive notice of an intention to seize Collateral under section 123
- object to purchase of the Collateral by the Secured Party under section 129.
- receive notice of disposal of Collateral under section 132(4).
- receive a statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged
- receive notice of retention of Collateral under section 135
- redeem the Collateral under section 142 and
- reinstate the security agreement under section 143
- Skip Bin Guy’s liability is limited to, to the extent permissible by law and the business option:
- In relation to the equipment:
- In the replacement of the equipment or the supply of equivalent
- The repair of the equipment
- The payment of the cost or replacing the equipment
- The payment of the cost of having the equipment repaired
- In relation to the service
- Supply of the Service again, or
- The payment of the cost of having the service supplied again.
- To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and the business is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for.
- Any increased costs or expenses
- Any loss of profit, revenue, business, contracts or anticipated savings
- Any loss or expense resulting from a claim by a third party; or
- Any special, indirect or consequential loss or damage of any nature whatsoever caused by the business’s failure to perform any obligations in accordance with these terms.
- The business may at its election terminate the hire upon eight (8) days prior written notice to the customer, at any time following Business acceptance hereof and prior to installation of the equipment in the event of the failure by the Customer to make any payments in accordance with these terms.
- The business may terminate the hire and repossess the equipment in the event that the customer fails to make any payment due hereunder or fails to perform any other obligation to be performed by the customer hereunder upon eight (8) days written notice from the business calling for such payments or performance. The business may also exercise such further rights as it may have at law or in equity in such cases including collection of all payments due under the terms.
- If the customer is in default, the business must notify the customer within 14 days of such prior the business contacting its credit agency.
- These terms are to be construed in accordance with the laws from time to time in the State Of New South Wales and the Commonwealth of Australia.
- If any conflict of differences exists in the terms between terms which are printed and those which are typed or written, the typed or written language shall govern.
- All notices shall be sent by either party to the address indicated on the face hereof by ordinary mail, or email and shall be deemed to have duly delivered two (2) business days from the date of posting or if emailed, on the next business day.
- Skip Bin Guys (the business) decision is final in all matters relating to these terms.
- These terms constitute the entire agreement of the parties and supersede all prior agreements, understanding and negotiations unless the customer is a credit customer and certain clauses of the credit terms override certain clauses of the terms.