1. SERVICE:
General Terms and
Conditions of Use of the HandySkipBin Website and the
Supply of Services
The following terms and conditions apply to all
users of the http://www.handyskipbins.com.au website
and to all purchases of goods and services from Aussie Property &
Investment Group Pty Ltd, trading as “handyskipbins”.
By viewing and using the website you will be deemed to agree to these terms and
conditions.
2. QUOTATIONS AND PLACEMENT OF ORDERS
- 2.1.Any quotation for the
supply of Hire Bin and Services given will expire after thirty (30) days.
- 2.2.The Supplier does not
represent that it will provide any Hire Bin and Services unless it is
included in the quotation or the Order.
- 2.3.A request for Hire Bin and Services may be placed
by the Customer either verbally or in writing or online through the
website however we may require the Customer to provide a written order document
prior to providing any Hire Bin and Services.
- 2.4.All prices quoted or
advertised are based on prices, taxes, council permit fees, hire bin and
services and statutory charges current at that time. Should these vary
during the date of the quotation or Order to the date of the invoice, the
difference will become the responsibility of the Customer and the Customer
will be invoiced for the extra charge.
- 2.5 The Quote Price does not include council permit charges.(bin placing on road or footpath).
3. Liability: Whilst reasonable care has been taken to ensure the facts
stated in the website are accurate and the opinions given are fair and
reasonable, neither handyskipbins nor its employees,
to the fullest extent permitted by law, will be responsible for errors or
misstatements or be liable whether in contract, tort (including negligence) or
otherwise for any loss or damage however caused (whether direct, indirect,
consequential, special, or loss of profits).
4. Disclaimer: The website makes information and material available to you
as a service. Use of the website material is at your own risk. Handyskipbin is not responsible for any adverse
consequences arising out of the use of information contained on the
website. Handyskipbin does not give any
warranty of accuracy or reliability of information contained on the website to
you or any other person. To the extent permitted by law handyskipbin excludes all responsibility and liability for
such material.
5. HIRE RULES
The following
comprise the Hire Bin Rules to which the Customer must adhere unless expressly
waived in the quotation and/or Order or subsequently in writing, the Customer
must not cause or allow:
5.1The lighting of
fires or the burning of waste inside the Hire Bin;
- 5.2The Hire Bin to be moved from the Premises;
- 5.3Any liquids to be placed in the Hire Bin,
including but not limited to liquid concrete;
- 5.4Harmful, unsanitary, toxic, dangerous
explosive, hazardous or noxious materials to be placed in the Hire Bin,
including but not limited to asbestos, acids, solvents, greases, oils,
minerals, faecal matter, liquid paints, bathroom waste, and used needles
or medical waste;
- 5.5The Hire Bin to be filled higher than the
top of the sides of the Hire Bin or in such a manner as may allow any spillage
to occur in transit;
- 5.6The Hire Bin to be used for any illegal purpose;
- 5.7 The covering of any identifying trade mark or advertising of the Supplier on the Hire
Bin.
6.Price: The price of the
goods or services is that stated on the website at the time of acceptance of
your purchase order, unless otherwise expressly agreed in writing by handyskipbin. The prices include goods and services
tax ("GST "). All prices are stated in Australian
dollars.
All prices include the cost of delivery and removal of bins. Prices
quoted are based on the information which you submit to the website, and handyskipbin reserves the right to vary prices if that
information is incorrect.
7.Payment: You must make
payment for your order upon submitting that order (“due date ”) by credit card payment
directly to bookabin.
8.Additional Charges: You are responsible
to pay the supplier directly for any fees incurred for incorrect waste or
excess weight.
9. Refunds: handyskipbin will provide a full refund of fees paid in respect
of any ordered services not provided due to failure in delivering the order.
10. Risk: You will be liable
for any damage to refuse bins which occurs while in your possession, subject to
fair wear and tear.
11. CUSTOMER
OBLIGATIONS
The Customer acknowledges and agrees:-
11.1 to use the supplied Skip Bin in a reasonable and sensible manner;
11.2to bear responsibility and liability for any loss, damage or destruction of
the Skip Bin whilst the Skip Bin is under the care, custody and control of the
Customer;
11.3 to render the Skip Bin to the supplier on the Collection Date in the same
state and condition as when the Skip Bin was delivered to the Customer, subject
to fair wear and tear;
11.4 to make the Skip Bin ready and available for collection by the supplier on
the Collection Date;
11.5 that legal title of the Skip Bin does not pass or vest in the Customer at
any time;
the Customer shall not encumber or
charge the Skip Bin in any way whatsoever;
11.6 that no interest whatsoever is created or conferred in the delivered Skip
Bin to the Customer;
11.7 to only use the Skip Bin for the depositing Specified Waste Materials;
11.8 to obtain all necessary approvals and permits as may be required from any
government authority, body corporate or third party for the delivery of the
Skip Bin at the Site Address or adjacent or in proximity to the Site Address;
12. TERMINATION
AND CANCELLATION
Cancellation by Supplier
- 12.1.The Supplier may cancel any Order to
which these terms and conditions apply at any time before payment of the
Price in full is made by the Customer by giving notice. On giving such
notice the Supplier shall repay to the Customer any deposit or sum
advanced in respect of the Price. The Supplier shall not be liable for any
loss and damage whatsoever arising from such cancellation.
- 12.2.Without prejudice to the Supplier’s other remedies at law, the
Supplier shall be entitled to cancel all or any part of any Order of the
Customer which remains unfulfilled and all amounts owing to the Supplier
shall, whether or not due for payment, become immediately payable in the
event that Any money payable to the Supplier becomes overdue for payment.
Cancellation by Customer
- 12.3.The Customer may cancel any Order by
providing notice to the Supplier. In the event that
the Customer cancels the Order, the Customer shall be liable for a
cancellation fee and permit fees. At the discretion of the Supplier, the
cancellation fee will be calculated as follows:
- 12.4.If more than 48 hours’ notice, no
cancellation fee will be charged.
- 12.4.1.If not less than 48 hours’ notice
and more than 24 hours’ notice, thirty percent (20%) of the Price will be
charged.
- 12.4.2.If not less than 24 hours’ notice
and up to the due date of delivery of the bin, fifty percent (40%) of the
Price will be charged.
- 12.4.3.Notice provided on or after the
due date for delivery of the bin, eighty percent (70%) of the Price will
be charged.
- 12.5.The Supplier may retain any deposit or other sum paid by the
Customer in respect of the Price of the Order and offset such sum or deposit
in satisfaction or partial satisfaction of any loss and damage suffered by
the Supplier as a result of the Customer’s late cancellation of the Order.
13. SITE ACCESS AND CONDITIONS
13.1 The Customer shall be responsible for ensuring reasonable
access to the Site Address and ensure that the delivery point for the Skip Bin
is freely and reasonably accessible for the delivery and collection and the
Customer shall ensure that all necessary consents have been obtained for the
delivery, placement, storage and removal of the Skip Bin at the Site Address.
13.2 Handy Skip Bin or the supplier accepts no responsibility whatsoever for
any damage caused to the ground, surface, road, path or passage of the Site
Address or the location designated near or in proximity to the Site Address for
the delivery and placement of the Skip Bin and the Customer should ensure the
conditions including access heights are suitable for the placement and delivery
of the Skip Bin.
14. PROPER LAW OF CONTRACT:
This Agreement shall be construed and take effect in accordance
with the laws of the State of Victoria. Each of the parties hereto submits 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 other place in the world