1.1 "Customer" shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Rubbish Removers Canberra to the Customer.
1.2 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.3 "Services" shall mean all Services supplied by Rubbish Removers Canberra to the Customer (and where the context so permits shall include any supply of Bin) and includes any advice or recommendations.
1.4 "Bin" shall mean Bin supplied on hire by Rubbish Removers Canberra to the Customer and is as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by Rubbish Removers Canberra to the Customer.
1.5 "Price" shall mean the price payable for the Services as agreed between Rubbish Removers Canberra and the Customer in accordance with clause 3 of this contract.
2.1 Any instructions received by Rubbish Removers Canberra from the Customer for the supply of Services and/or the Customer's acceptance of Services supplied by Rubbish Removers Canberra shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Rubbish Removers Canberra.
2.4 The Customer shall give Rubbish Removers Canberra not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer's name and/or any other change in the Customer's details (including but not limited to, changes in the Customer's address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Rubbish Removers Canberra as a result of the Customer's failure to comply with this clause.
2.5 Services are supplied by Rubbish Removers Canberra only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer's order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
3. Price And Payment
3.1 At Rubbish Removers Canberra's sole discretion the Price shall be either:
(a) as indicated on invoices provided by Rubbish Removers Canberra to the Customer in respect of Services supplied; or
(b) Rubbish Removers Canberra's current price as at the date of the delivery of the Services according to Rubbish Removers Canberra's current Price list; or
(c) Rubbish Removers Canberra's quoted Price (subject to clause 3.2) which shall be binding upon Rubbish Removers Canberra provided that the Customer shall accept Rubbish Removers Canberra's quotation in writing within thirty (30) days.
3.2 Rubbish Removers Canberra reserves the right to change the Price in the event of a variation to Rubbish Removers Canberra's quotation.
3.3 At Rubbish Removers Canberra's sole discretion:
(a) payment shall be due on delivery of the Services; or
(b) payment for approved Customers shall be due on thirty (30) days following the end of the month in which a statement is posted to the Customer's address or address for notices.
3.4 Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.5 Payment will be made by cash or by credit card (plus a surcharge of 1.3% for Visa & Mastercard of the Price), or by any other method as agreed to between the Customer and Rubbish Removers Canberra.
3.6 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Hire Period
4.1 Hire charges shall commence from the time the Bin is delivered by Rubbish Removers Canberra and will continue until the collection of the Bin by Rubbish Removers Canberra.
4.2 No allowance whatever can be made for time during which the Bin is not in use for any reason, unless Rubbish Removers Canberra confirms special prior arrangements in writing. In the event of defective Bin, provided the Customer notifies Rubbish Removers Canberra immediately, hiring charges will not be payable during the time the Bin is not in use, unless the condition is due to negligence or misuse on the part of or attributable to the Customer.
5. Delivery Of Services
5.1 At Rubbish Removers Canberra's sole discretion delivery of the Services shall take place when the Customer takes possession of the Services at the Customer's nominated address (in the event that the Services are delivered by Rubbish Removers Canberra or Rubbish Removers Canberra's nominated carrier).
5.2 At Rubbish Removers Canberra's sole discretion the costs of Delivery is included in the Price for Canberra & Queanbeyan Regions. For areas outside of these, a delivery fee will be charged. Please refer to our website or contact our office.
5.3 The Customer shall make all arrangements necessary to take delivery of the Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Services as arranged then Rubbish Removers Canberra shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 Rubbish Removers Canberra may deliver the Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
5.6 In order for Rubbish Removers Canberra to deliver the Services, the Customer is required to provide Rubbish Removers Canberra with clear and free access to the nominated site and any associated services (including, but not limited to, toilet and water facilities).
5.7 The failure of Rubbish Removers Canberra to deliver shall not entitle either party to treat this contract as repudiated.
5.8 Rubbish Removers Canberra shall not be liable for any loss or damage whatever due to failure by Rubbish Removers Canberra to deliver the Services (or any of them) promptly or at all where due to circumstances beyond the control of Rubbish Removers Canberra.
5.9 The loading and unloading of a bin may damage your concrete driveway, pavement, pathway, grass or surface, including any underground watering system. Rubbish Removers Canberra do not accept any responsibility for any damage caused as a result of our loading and unloading of the bin.
6.1 Rubbish Removers Canberra retains property in the Bin nonetheless all risk for the Bin passes to the Customer on delivery.
6.2 The Customer accepts full responsibility for the safekeeping of the Bin and indemnifies Rubbish Removers Canberra for all loss, theft, or damage to the Bin howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.
6.3 The Customer will insure, or self insure, Rubbish Removers Canberra's interest in the Bin against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and the Customer will not use the Bin nor permit it to be used in such a manner as would permit an insurer to decline any claim.
6.4 The Customer accepts full responsibility for and shall keep Rubbish Removers Canberra indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Bin during the hire period however arising and whether or not arising from any negligence, failure or omission of the Customer or any other persons.
7. Dangerous Items
7.1 Unless otherwise agreed in advance in writing with Rubbish Removers Canberra, the Customer or his authorised agent shall not use the Bin to store or dispose of any explosive, inflammable or otherwise dangerous or illegal items. The Customer shall be liable for, and hereby indemnifies Rubbish Removers Canberra, for all loss or damage whatsoever caused by the storage or carriage of any dangerous or illegal items. Furthermore, the Customer shall be liable for any additional charges incurred by Rubbish Removers Canberra for the storage or carriage of dangerous or illegal items.
7.2 The Customer acknowledges that:
(a) the Bin shall not be used to dispose of asbestos, car batteries, gas bottles, bullets, fuel cans containing fuel, household chemicals and liquids;
(b) wet paint is under no circumstances suitable for disposal. If paint is wet, remove lid for paint to dry and then place in the Bin;
(c) household waste must be placed in garbage bags prior to being stored in the Bin.
8. Additional Charges
8.1 Rubbish Removers Canberra shall charge an additional $10 per day for additional hire days required
8.2 The Customer acknowledges that Rubbish Removers Canberra may (at their sole discretion) increase these charges at any time, without providing notice to the Customer.
9.1 The Customer acknowledges that the Bin shall not exceed the rim (water level capacity) in order for the safe transport of the Bin. In the event the Bin is subjected to overloading or items are stored over capacity, Rubbish Removers Canberra shall, at their sole discretion, refuse the carriage of the Bin until the Customer has rectified such overloading or leave behind the overloaded portion. An additional fee of $60 plus $10 per day is charged for overloaded bins that Rubbish Removers Canberra cannot transport away.
10. Customer's Responsibilities
10.1 The Customer shall:
(a) prior to delivery of the Bin, disclose to Rubbish Removers Canberra the details of the items to be stored in the Bin and/or disposed of by Rubbish Removers Canberra.
(b) notify Rubbish Removers Canberra immediately by telephone of the full circumstances of any accident to or from the Bin. The Customer is not absolved from the requirements to safeguard the Bin by giving such notification.
(c) satisfy itself at commencement that the Bin is suitable for its purposes;
(d) use the Bin only for its intended purpose, and in accordance with any manufacturer's instruction whether supplied by Rubbish Removers Canberra or posted on the Bin;
(e) comply with all occupational health and safety laws relating to the Bin and its operation;
(f) on termination of the hire, the Customer shall ensure the Bin is clean and in good order as delivered, fair wear and tear accepted, prior to the repossession of the Bin by Rubbish Removers Canberra;
(g) keep the Bin in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Bin ;
(h) not alter or make any additions to the Bin including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Bin or in any other manner interfere with the Bin;
(i) not permit the Bin of any part thereof to be used by any other party for any other purpose;
(j) not fix any of the Bin in such a manner as to make it legally a fixture forming part of any freehold.
10.2 Immediately on request by Rubbish Removers Canberra the Customer will pay:
(a) the new list price of any Bin that is for whatever reason destroyed, written off or not returned to Rubbish Removers Canberra;
(b) all costs incurred in cleaning the Bin;
(c) all costs of repairing any damage caused by the ordinary use of the Bin up to an amount equal to 10% of the new list price of the Bin;
(d) the cost of repairing any damage to the Bin caused by the negligence of the Customer or the Customer's agent;
(e) the cost of repairing any damage to the Bin caused by vandalism, or (in Rubbish Removers Canberra's reasonable opinion) in any way whatsoever other than by the ordinary use of the Bin by the Customer.
11.1 The Bin is and will at all times remain the absolute property of Rubbish Removers Canberra.
11.2 If the Customer fails to return the Bin to Rubbish Removers Canberra then Rubbish Removers Canberra or Rubbish Removers Canberra's agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Bin is situated as the invitee of the Customer and take possession of the Bin, without being responsible for any damage thereby caused.
11.3 The Customer is not authorised to pledge Rubbish Removers Canberra's credit for repairs to the Bin or to create a lien over the Bin in respect of any repairs.
12. Errors and Omissions
12.1 The Customer shall inspect the Services on delivery and shall within forty-eight (48) hours of delivery (time being of the essence) notify Rubbish Removers Canberra of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Customer shall afford Rubbish Removers Canberra an opportunity to inspect the Services within a reasonable time following delivery if the Customer believes the Services are defective in any way. If the Customer shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. For defective Services, which Rubbish Removers Canberra has agreed in writing that the Customer is entitled to reject, Rubbish Removers Canberra's liability is limited to either (at Rubbish Removers Canberra's discretion) replacing the Services or rectifying the Services, except where the Customer has acquired Services as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Services, or rectifying the Services, or replacement of the Services.
13.1 No Warranty is provided by Rubbish Removers Canberra in respect of the condition of the Bin or its fitness for any particular purpose. The Customer shall indemnify and hold harmless Rubbish Removers Canberra in respect of all claims arising out of use of the Bin.
14. The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")
14.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
15. Default & Consequences of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Rubbish Removers Canberra's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 In the event that the Customer's payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by Rubbish Removers Canberra.
15.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Rubbish Removers Canberra from and against all costs and disbursements incurred by Rubbish Removers Canberra in pursuing the debt including legal costs on a solicitor and own client basis and Rubbish Removers Canberra's collection agency costs.
15.4 Without prejudice to any other remedies Rubbish Removers Canberra may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Rubbish Removers Canberra may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. Rubbish Removers Canberra will not be liable to the Customer for any loss or damage the Customer suffers because Rubbish Removers Canberra has exercised its rights under this clause.
15.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
15.6 Without prejudice to Rubbish Removers Canberra's other remedies at law Rubbish Removers Canberra shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Rubbish Removers Canberra shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Rubbish Removers Canberra becomes overdue, or in Rubbish Removers Canberra's opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
16. Security And Charge
16.1 Despite anything to the contrary contained herein or any other rights which Rubbish Removers Canberra may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is Rubbish Removers Canberra of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Rubbish Removers Canberra or Rubbish Removers Canberra's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Rubbish Removers Canberra (or Rubbish Removers Canberra's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Rubbish Removers Canberra elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Rubbish Removers Canberra from and against all Rubbish Removers Canberra's costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Rubbish Removers Canberra or Rubbish Removers Canberra's nominee as the Customer's and/or Guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 16.1.
17.1 Rubbish Removers Canberra may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Customer. On giving such notice Rubbish Removers Canberra shall repay to the Customer any sums paid in respect of the Price. Rubbish Removers Canberra shall not be liable for any loss or damage whatever arising from such cancellation.
17.2 In the event that the Customer cancels delivery of Services the Customer shall be liable for any loss incurred by Rubbish Removers Canberra (including, but not limited to, any loss of profits) up to the time of cancellation.
18. Privacy Act 1988
18.1 The Customer and/or the Guarantor/s agree for Rubbish Removers Canberra to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by Rubbish Removers Canberra.
18.2 The Customer and/or the Guarantor/s agree that Rubbish Removers Canberra may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Customer and/or Guarantor/s.
18.3 The Customer consents to Rubbish Removers Canberra being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
18.4 The Customer agrees that personal credit information provided may be used and retained by Rubbish Removers Canberra for the following purposes and for other purposes as shall be agreed between the Customer and Rubbish Removers Canberra or required by law from time to time:
(a) provision of Services; and/or
(b) marketing of Services by Rubbish Removers Canberra, its agents or distributors in relation to the Services; and/or
(c) analysing, verifying and/or checking the Customer's credit, payment and/or status in relation to provision of Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(e) enabling the daily operation of Customer's account and/or the collection of amounts outstanding in the Customer's account in relation to the Services.
18.5 Rubbish Removers Canberra may give information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Australian Capital Territory (ACT) and are subject to the jurisdiction of the courts of ACT.
19.3 Rubbish Removers Canberra shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Rubbish Removers Canberra of these terms and conditions.
19.4 In the event of any breach of this contract by Rubbish Removers Canberra the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Services.
19.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Rubbish Removers Canberra.
19.6 Rubbish Removers Canberra may license or sub-contract all or any part of its rights and obligations without the Customer's consent.
19.7 Rubbish Removers Canberra reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Rubbish Removers Canberra notifies the Customer of such change.
19.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
19.9 The failure by Rubbish Removers Canberra to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Rubbish Removers Canberra's right to subsequently enforce that provision.