These are the terms and conditions on which we supply our Bins to you.
These terms and conditions will apply to all Bins supplied by us except to the extent that they are inconsistent with any terms expressly agreed in writing.
All Bookings must be by phone, by email or made through our website.
All Proposals are capable of acceptance by written notice or by email or via our website within thirty (30) days of the date of the Proposal, but will otherwise be subject to change.
The prices quoted by us will include GST.
We will observe so far as it is practicable, any requirements specified by you as to the Commencement and Completion of the Hire Period but cannot guarantee strict compliance as to time and will not be under any liability which by law cannot be excluded if your requirements are not met.
Once you have made a Booking we will deliver the Bins to the Site the Hire Period.
You acknowledge that the Bins are to be used by you for the sole purpose of depositing waste products into, and may not be used for food, animal waste, fibrolite, asbestos cement and asbestos products, paint, oil, fuels, liquid or chemicals.
The Bins can be collected by us at Completion of the Hire Period without notice to you.
If, at no fault of ours, collection is not possible at Completion of the Hire Period, you acknowledge that you will be liable for additional Hire Fees and for any additional costs we incur as a result of the extension of the Hire Period.
For Bookings made via our website, you will, unless we otherwise agree in writing, pay to us, on or before Commencement the full amount of the Hire Fees.
If we agree to you paying the Hire Fee after Commencement, you will pay all moneys due in accordance with the Payment Terms specified on our invoice, free of deductions and set-offs.
If any payment has not been made on or before the due date, we can refuse to provide further services, regardless of when the Booking for the further services was made, other than on the basis of payment in cash on delivery of the Bins with payment of all other moneys then owing by you to us.
If any payment is not made by the due date, we may ask you to pay and you agree to pay interest on the overdue amount to us calculated:
on the amount outstanding;
from the due date for payment until the date of actual payment;
at the rate of five per centum (2%) per month.
with interest payable on unpaid interest, compounded daily.
Monies you pay to us for an Order will not be refunded unless:
you cancel your Order at least 48 hours before the Commencement of the Hire Period;
the Bins are faulty or defective,
the Bins are different from the sample shown or described in advertising or your Order, or
the Bins are not fit for the purpose intended.
To the extent allowed at law, our maximum liability to you for any claim in respect of Bins supplied by us will be:
the re-supplying of the Bins;
repairing of the Bins;
refunding the Hire Fees paid by you;
We will not be required to satisfy any claim for faulty, defective or incomplete supply of Bins unless a claim in writing giving sufficient detail of a complaint is received by us within seven (7) days of delivery or the date Bins were supposed to be delivered.
You warrant that except as expressly acknowledged by us in writing:
You have satisfied yourself as to the suitability of the Bins for your purposes;
You have satisfied yourself or will on delivery of the Bins to you and prior to acceptance, satisfy yourself that the Bins are in good working order and condition and free of defects;
You have not except as expressly acknowledged by us in writing, made known to us any purpose for which the Bins are to be used.
You will ensure that:
access to the premises where we are to deliver and/or collect the Bins are available to us as and when required; and
all facilities necessary to enable us to deliver and/or collect the Bins are available.
You will not:
tamper with or damage or repair the Bins;
lose or part with possession of the Bins;
move the Bin from the Site or the original point of delivery on the Site;
fill the Bins over the rim.
In addition to the Hire Fees, you agree that you will be responsible to pay to us for the:
replacement costs of any Bins which has been removed other than for return to us;
all fines, fees penalties, levies, charges and taxes in respect of hiring the Bins;
any additional Hire Fees resulting from an extension of the Hire Period;
any additional fees resulting from you filling the Bins over the rim;
costs of repairing any damage caused to the Bins while on hire;
costs associated with the recovery of Bins which has been moved from the Site or the original point of delivery, other than for return to us;
fees associated with placing the Bins on public land, such as council permits; and
additional fees apply to loads containing mattresses and tyres.
You agree that you are responsible for observing all Occupational Health and Safety Laws relating to the use of the Bins during the hire period.
We may sub-contract work but will not be released from responsibility to you if we do so.
We may assign any debt owing by you to us.
You warrant to us that you have the right and all necessary authority to enter into each Booking.
Subject to the express terms of these Conditions, we warrant that:
any Bins supplied by us will be free of defects which would result in the Bins being unfit for normal use;
Except as otherwise provided in these Conditions and except to the extent that our liability cannot be excluded or limited by law, all claims are limited to those notified to us in writing within six (6) months of the date of the Booking or the Completion date, whichever is the later.
You acknowledge that in delivering and/or collecting the Bins, minor damage may be occasioned to the Premises where the Bins are kept by you for the Hire Period;
We will not be required to make good such damage and you will not be entitled to withhold payment by reason of any such damage.
We can change any of these Terms and Conditions at any time by written notice to you.
Any change will apply to all Bookings received from you after we have given you written notice of the change.
If a supply is made pursuant to a Booking, the Party receiving the supply will, in addition to the price otherwise payable, pay any GST payable by the Party making the supply unless the price is quoted on a GST inclusive basis.
If GST is payable in respect of a supply, the Party making the supply must issue a GST Invoice in respect of the supply.
We will not be liable to you except as expressly stated in these Terms and Conditions for any loss or harm which might be suffered or incurred by you or by any person claiming through you regardless of any degree of fault.
In particular, we will not be liable for any indirect, exemplary or punitive damages, claims for economic loss or claims for reduction in the value of any asset.
If the supply of Bins to you by us is suspended or delayed by any matter beyond our control:
We will not be liable to you for any failure to supply the Bins by the Commencement of the Hire Period;
On Commencement and Completion of the Hire Period you must use all reasonable endeavours to ensure that we can complete delivery and collection of the Bins continuously and without interruption.
You are responsible for obtaining all approvals for the delivery and collection of the Bins by us and warrant that all such approvals have been obtained or will have been obtained prior to the Hire Period commencing.
If payment is not made in accordance with these Terms and Conditions we can recover from you, in addition to the amounts due and interest, all of our costs and expenses incurred in recovering payment on an indemnity basis including an allowance for our time and effort.
If you request any change to the Bins to be supplied by us or the Hire Period whether in writing or not and if we supply the Bins pursuant to your request you agree to pay our additional charges in accordance with our then current standard charges.
Except where it is expressly stated to the contrary, no information provided by us in any form is to constitute a warranty, representation, term or condition of any contract between you and us.
If we supply Bins additional to the Bins referred to in a quotation we may charge and you will pay for the additional Bins:
the amount quoted by us and accepted by you for them; and
if no amount has been quoted and/or accepted, such amount as is fair and reasonable.
All Bins supplied by us will be at your risk for all purposes from the time of delivery to you regardless of the existence of any fault or any degree of fault on our part or on the part of our employees, agents and contractors.
1 Where the context so admits or requires any reference to the singular number shall include the plural number and vice versa.
Where the context so admits or requires any reference to the masculine, feminine or neuter gender shall include each other gender.
Any of these Terms and Conditions which are expressed to be for the benefit of more than one (1) person shall be for the benefit of each of such persons severally and for both of all such persons jointly.
Any of these Terms and Conditions which are expressed to be binding on more than one (1) person shall be binding on each of such persons severally and on both or all of such persons jointly.
In these Terms and Conditions where the context so admits or requires any reference to a person shall include a company.
Notwithstanding that any of these Terms and Conditions or any aspect of them is found to be void, voidable or unenforceable for any reason, the remainder of these Terms and Conditions will remain in full force and effect.
Any reference to a person shall, where the context so admits or requires, include the heirs, executors, assigns and legal personal representatives of that person.
Any document or written notice which is required to be served or delivered by one Party on or to another Party pursuant to or in connection herewith may be served or delivered:
by any of the methods authorised by Section 170 of the Conveyancing Act or any other relevant legislation; or
by electronic transmission, including email and website facilitated means;
at the last known place of residence or business of a Party or if the Party has an office registered pursuant to any legislation at that office.
These Terms and Conditions shall be subject to the law and to the exclusive jurisdiction of the Courts of Victoria.
In these Terms and Conditions:
Bins means skip bins or containers for the storage and removal of waste material.
Bins means the Bin or Bins and any Bin Accessories and any other item we hire out from time to time.
Commencement means the date the Booking specifies the Hire Period commences or, if different to the Booking specifications, the date the Bins for hire are delivered.
Completion means the latest date of the Booking specifies the Hire Period concludes or, if different from the Booking specifications, the date the Bins for hire are collected or returned.
GST means Goods and Services Tax payable in respect of any supply made pursuant to these Terms and Conditions and/or your hiring of our Bins.
Services means our delivery and collection of the Bins.
Site means the address specified in the Booking or otherwise specified by you in writing.
we, us and our means and refers to Moorabbin Bulk Bins Pty Ltd ACN 089 327 060.
you and your means and refers to the party making the Booking with us.