This Service Agreement (this Agreement) dated as at the date of the Accepted Quote between:
Port Stephens Skip Bins (ABN 12 156 308 397) Address: 35 Arrowgrass Street, Aberglasslyn New South Wales 2320 Australia (PSSB)
And the Customer being the person or company (“You” or “Your“) who/which has accepted a Quote and agreed to pay for the hire of Skip Bins or products in full using the supplied payment details with Authority to charge the amount defined on checkout.
Whereas You have visited PSSB’s Website or contacted PSSB by phone and requested and accepted a Quote (Accepted Quote) for the provision of Skip Bin Hire or Purchase product subject to the terms of this Agreement.
Terms and Words
In this agreement the terms and words are defined here:
Accepted Quote means the PSSB Quote you have requested and have accepted either via the Website or over the phone detailing the Waste Services and Fees.
Act of Insolvency means a Party becoming subject to external administration within the meaning of Chapter 5 of the Corporations Act 2001.
Additional Fees means any additional Fees charged or chargeable to You because:
(a) the type of Waste collected is of a different classification to the type of Waste stated in the Accepted Quote or the Waste is contaminated
(b) the relevant collection date specified in the Accepted Quote is extended by You;
(c) Collection and Waste disposal costs including excess disposal fees charged by the nearest facility capable of accepting any type of Waste You have disposed of not specified in the Accepted Quote including any council or other government authority fees; or
(d) of any other fees (including Cancellation Fees) or expenses or charges incurred by PSSB in Collecting or disposing of the Hire Items(s) or Waste due to Your failure to comply with this Agreement.
Agreement means the terms and conditions set out in the Accepted Quote or this document.
PSSB means Port Stephens Skip Bins (A.B.N. 12 156 308 397).
Associates means sub-contractors who supply Services and Hire Items to the Provider from time to time.
Booking Confirmation is the document that confirms the services that were Agreed in the Accepted Quote that is emailed (or mailed) to to the Customer to confirm the acceptance of these terms and conditions
Claim means any claim, demand, action, proceedings, judgment or other award for Damages brought or made or recovered (whether or not presently ascertained immediate future or contingent) by any party including claims for or arising from wilful or tortious acts or omissions or under Law.
Collection means the PSSB’s collection of a Hire Item..
Credit Card means the credit card the details of which were entered by You at the time of and as part of the Accepted Quote.
Customer means the entity, company or person requesting provision of hire item(s) and waste services by the provider.
Dispute means a dispute initiated by either PSSB or You under clause 13.
Damages means all liabilities, losses, damages, costs and expenses, including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties.
Delivery means the transport and placement of Hire items to the Customers specified site.
Fair wear and tear means minor scratches less than 25mm in length, small dents less than 20mm diameter or Minor dents and deformations in the floor of the waste container.
Fees means the fees properly payable to the Provider for provision of Hire Item(s) and Waste Services according to the terms of an Accepted Quote and relevant Service Agreement including:
(a) Hire Item delivery costs;
(b) Hire Item rental costs relating to the period specified in the Accepted Quote;
(c) Collection and disposal costs including Authority fees; and
(d) any Additional Fees.
Force Majeure means any circumstances beyond the reasonable control of either the provider or the supplier (including, without limitation, any strike, lock out or other form of industrial action, accident, inclement weather, difficulties in obtaining fuel parts or machinery, power failure or breakdown, or malfunction of machinery or computers.
GST means any Goods and Services Tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 or any related Law by a party as a supplier of goods or services.
Hire item(s) means any bin or skip bin or any other hire item provided as part of the service.
Site means the place where customer has requested the hire item(s) be deposited at their request or direction.
Hire Period means the period from delivery of the hire item(s) to the customer, to the collection from the hirer or such time as collection ought reasonably to have been completed by the supplier.
Law includes any requirement of any statute, regulation, proclamation, ordinance, by law or common law, present or future and whether state, federal or otherwise.
Party means You and PSSB.
Provider means Port Stephens Skip Bins.
Supplier means where the context so permits, the provider or the providers duly authorised agent or sub-contractor.
Service means the supply of hire item(s) by the provider, it’s employees, servants, agents or sub-contractors for the period of hire to facilitate the removal of waste on behalf of the hirer and the subsequent disposal of the contents of such hire item(s) or hire item(s)s on behalf of the hirer.
Skip means a Waste container provided by PSSB to You forming part of the Waste Services.
Waste Services means the services requested by You and referred to in the Accepted Quote and Confirmed in the Booking Confirmation including the delivery and rental of the Hire Item(s), the Collection of the Hire Item(s) and disposal of Waste contained in the Hire Item(s).
Waste means the waste, rubbish, other refuse or material deposited in the Hire Item(s) following delivery and prior to Collection of the Hire Item(s).
Website means the website known as www.portstephensskipbins.com.au.
Working day shall mean Monday to Friday in any week excluding public holidays.
You means the person or entity submitting the request for Waste Services via the PSSB Website.
In consideration of the provider extending credit and providing waste services to the customer as named, the person accepting the quote on the Bins Skips Waste and Recycling website herby guarantees payment to the provider of all outstanding monies including amounts owed in excess of credit limit and any interest applicable.
1.0 Service
The Service shall consist of delivery of the hire items identified in the accepted quote and confirmed in the
a) Except as specifically otherwise agreed in writing the provider or supplier, shall be under no obligation to deposit the hire item(s) elsewhere than on a highway.
b) The Hirer agrees in all cases:-
(i) to provide and adequately maintain all necessary approach roads and sites for the purpose of the delivery;
(ii) to rely on their own skill and judgment and to satisfy themselves as to the suitability of all approach roads, tracks, or grounds, for the purposes of delivery, siting and collection of hire item(s) and to notify the provider at the time of ordering the service of any special requirements as to delivery.
(iii) promptly on the arrival of the vehicle to accept delivery and provide any necessary directions and a suitable site.
(iv) to ensure that an authorised person is present at the time of delivery or collection to sign and acknowledge delivery and or collection of the hire item(s) and that such authority is signed on delivery or collection by such authorised person and not otherwise and the Hirer agrees that any delivery or collection note signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of the hirer and that where no such person is available to sign such proof of delivery or collection within 10 minutes from arrival of the hire item(s) or the vehicle at the site the suppliers written confirmation of delivery shall be final and binding upon the Hirer.
You shall indemnify the provider against any claim, demand or penalty arising during the period of hire and arising from provision of the service including, but not limited to all 3rd party claims, or claims for damages arising out of accidents related to any hire item(s) the subject of this contract.
2.0 Use of Hire Items
The Hire Items are provided expressly for the purpose of collecting the Waste material(s) identified in the Accepted quote at the date of the end of the hire period.
2.1 During the hire period you agree to:
(a) limit the quantity of waste material placed in the waste container so it is filled no higher than the top of its sides and no spillage of Waste material from the container occurs either while stationary or in transit;
(b) stop any liquids or any explosive, toxic, dangerous, hazardous, noxious materials or any other environmentally unfriendly substance including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete being placed in the hire item(s)
(c) prevent burning materials being placed in the hire item or fires or burning of Waste material occurring in the hire item(s);
(d) use the hire item at the delivery location and no other site that requires the container to be relocated or moved
(e) the hire item, the bin will not be moved from the location the supplier placed it by any means. Should the bin be moved the Customer will be liable for any damage to the hire item or additional costs incurred to recover the hire item (bin).
2.2 You further agree that:
(a) PSSB retaking possession of the Hire items(s) immediately without prior notice to You if it is illegally parked or if, in PSSB’s opinion it has apparently been abandoned or it is being used, or has been used, in contravention of any term of this Agreement or Law.
(b) the hire item(s) will be available for Collection on the Collection date noted in the Accepted Quote (or any agreed extension of the Collection date) in the same condition in which it was delivered;
(c) give PSSB 24 hours notice prior to 6.00am of the day of collection of any required extension of the Hire period;
(d) allow any Hire item(s) in breach of clause 2.1 to remain at the specified delivery address, until all issues have been resolved, including financial compensation if applicable;
(e) any excess waste material placed in the hire item above the top of its sides may be returned to the delivery address prior to collection and at your expense
2.3 You will be responsible for the Hire item(s) and all associated Fees and Charges will continue until PSSB makes its final inspection following Collection and disposal of Waste material.
3.0 Fees and Charges
The fees and charges for Waste Service will be as identified in the accepted quote plus any additional charges including but not limited to:.
(a) The cost of disposal where the type of Waste collected is of a different classification to the type of Waste stated and described in the Accepted Quote or the Waste is contaminated
(b) Hire costs where the relevant collection date specified in the Accepted Quote is extended by You;
(c) Collection and Waste disposal costs including excess disposal fees charged by the nearest facility capable of accepting any type of Waste You have disposed of not specified in the Accepted Quote including any council or other government authority fees; or
(d) of any other fees (including Cancellation Fees) or expenses or charges incurred by PSSB in Collecting or disposing of the Hire Items(s) or Waste due to Your failure to comply with this Agreement.
(e) Repair costs where the actions of the customer have resulted in damage to the hire item(s, bin).
(f) Additional travel charges where access to deliver or retrieve the hire item(s) has not been provided and extra travel cost have been incurred. Such additional travel charges will paid promptly and can be charged to any credit card provided without further authorisation
(h) Administration fees where Your failure to comply with this Agreement gives cause to additional administrative work to handle third party requests such as chargeback requests which will incur a minimum $50 charge.
7.0 Warranties
7.1 PSSB warrants the Waste Services will be provided to You with due care and skill in a competent and workmanlike manner and according to generally applicable industry standards.
7.2 To the extent permitted by Law, all other expressed or implied warranties, representations, terms and conditions other than those expressly contained in this Customer Agreement are expressly excluded from this Agreement.
8.0 Indemnities
8.1 PSSB will indemnify You against all Claims in relation to personal injury (including sickness and death) to the extent they result from the negligent or wilful acts of PSSB.
8.2 The indemnities and remedies in this clause will be your exclusive remedy against PSSB for infringement of this Agreement.
8.3 You acknowledge and warrant that You have not relied on any representation including any description, illustration or specification contained in any document including the Website which has not been expressly stated in the Accepted Quote or this Agreement.
8.4 You acknowledge that to the extent PSSB has made any representation not expressly stated in this Agreement, you have been provided with the opportunity to independently verify the accuracy of that representation.
8.5 You will indemnify PSSB and its Associates against any Claim resulting from or relating to:
(a) the provision of Waste Services or Your use of a Skip or Bin except to the extent the Claim results from or relates to any breach of this Agreement or any negligence or wilful act by PSSB;
(b) any personal injuries (including sickness and death) to the extent they result from any negligent or wilful acts on Your part;
(c) any misuse of or modification or damage to the Hire Item(s);
(d) any incorrect classification or contamination of Waste; or
(e) the siting or attempted siting of the Hire Item(s) in locations other than on a highway.
9.0 Limitation on Liability
9.1 Despite any other provision herein, PSSB’s total liability to You or any third party concerning any Claims made by You or any third party (including Claims in negligence) relating to the performance or non-performance of the Waste Services or this Agreement, will not exceed the Fees actually paid by You to PSSB under the relevant Accepted Quote.
9.2 PSSB will not be liable for any loss of profit, savings or revenue or interest or any other consequential, indirect, incidental, special or punitive loss, damage or expenses even if PSSB has been advised of their possible existence and even if such loss, damage or expense is caused by the negligence of PSSB or its Associates.
9.3 Nothing in this Agreement will operate to exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any liability of PSSB for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.
9.4 Where Law implies a condition or warranty to an Accepted Quote, which has not or cannot be excluded, PSSB’s liability for the breach of that condition or warranty is limited, at PSSB’s entire discretion to:
(a) supplying the Waste Services again; or
(b) payment of the cost of having the Waste Services supplied again.
10.0 Risk and Title
10.1 You will be liable to PSSB for any damage to the Hire Item(s) which occur(s) while the Hire Item(s) is/are in Your possession, subject to fair wear and tear.
10.2 The title in the Hire Item(s) does not transfer remains to You and You are expressly prohibited from charging or otherwise encumbering the Hire Item(s).
11.0 Disputes
11.1 Neither Party will start any court, arbitration or chargeback proceedings relating to a Dispute without complying with this clause except where a Party seeks urgent interlocutory relief.
11.2 The Party claiming that a Dispute has arisen under or in relation to a quoted, ordered, booked or delivered service must give written Notice to the other Parties specifying the nature of their Dispute (such written notice can be made by postal mail, fax or email).
11.3 On receipt of that Notice by the other Party, all Parties must endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or other techniques agreed by them.
11.4 Where the Customer initiates a Credit Card Chargeback with their Bank or Credit Card Issuer they agree to provide a copy of all documentation and information lodged with the Chargeback claim. Where they do not provide this information directly to PSSB, they agree that all such information should be provided by the Card Issuer directly to PSSB without any censorship or redaction
11.5 If the Parties can not agree within twenty one days of receipt of the Notice (or any further period agreed by them) as to:
(a) the dispute resolution technique and the procedures to be adopted;
(b) the timetable for all steps in those procedures; and
(c) the selection and compensation of the independent person required for such technique,
then the Parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales. The Parties must request the President of the Law Society of New South Wales or the President’s nominee to select the Mediator and determine the Mediator’s remuneration.
12.0 Termination
12.1 Without limiting the generality of any other clause in this Agreement, a Party (the Terminating Party) may terminate an Accepted Quote or this Agreement immediately by notice in writing if:
(a) the other Party is in breach of any term of this Agreement and the breach is not remedied within 7-days of notice by the Terminating Party to rectify that breach;
(b) the other Party commits an Act of Insolvency; or
(c) the other Party ceases or threatens to cease conducting its business in the normal manner.
12.2 In the event of such termination under clause 14.1, You must pay PSSB for all Fees incurred prior to the effective date of termination.
13.0 Governing Law
This agreement is governed by and construed in accordance with the Law of New South Wales in force at the time of the quote being accepted by the customer, and entering into this agreement, you agree to submit to the non-exclusive jurisdiction of the Courts of that State.