These terms and conditions constitute a formal agreement
of service between the Booking Agent, Customer and Service Provider,
as defined below.
The Customer is seeking to either:
Hire a skip bin from PSAU directly.
In which case PSAU is the Booking Agent and Service Provider
in connection with the Booking; OR
Hire a skip bin from a third party business who is not PSAU,
as selected from a panel of businesses created by PSAU.
In which case PSAU is Booking Agent, and the independent
third party business is Service Provider in connection
with the Booking.
For cases where PSAU is not the Service Provider:
PSAU hereby declares that it acts as a common agent between the Customer and the Service Provider.
The Customer hereby authorises PSAU to act as its agent,
and to enter it into a contract with the Service Provider
for the provision of the Booking, based upon the terms of
this Agreement and any Quoted Terms.
By entering into this Agreement, the Customer acknowledges that the they,
when contracted with a Service Provider appointed by PSAU,
will have a direct contractual relationship with such Service Provider.
The Customer further ackowledges that this relationship will be based upon
both this Agreement and any Quoted Terms. The Customer also hereby acknowledges and
declares that PSAU shall not be liable for the performance of such contract by the
Service Provider nor for any act or omission by the Service Provider.
The Booking Agent, Customer and Service Provider explicitly agree to the
Privacy Policy,
and all terms of this Agreement.
DEFINITIONS
"Additional Charges" means any additional charges perscribed in this Agreement.
"Agreement" means these terms and conditions
that the Customer must agree to prior to a Booking being made.
"Booking" the arrangement for, and subsequent provision of,
a skip bin hire service, to the Customer, by the Service Provider,
as organised by the Booking Agent.
"Booking Agent" means PORTABLE SKIPS AUSTRALIA PTY LIMITED, ACN: 618 271 248.
The Booking Agent is responsible for connecting the Customer with the Service Provider.
"Booking Collection Date"
means the date the Skip Bin will be collected by the Service Provider,
as stated on by the Booking Agent to the Customer prior to the Booking being made.
"Booking Delivery Date"
means the date the Skip Bin will be delivered to the Customer by the Service Provider,
as stated on by the Booking Agent to the Customer prior to the Booking being made.
"Cancellation Fee" or "Cancellation Fees"
means additional fees charged to the Customer for cancelling a booking, as per the
Cancellations and Refunds section of this Agreement.
"Customer" means the person, organisation,
or other entity that requested or is being provided the Booking.
Skip Bin means the skip bin that is provided to the
Customer by the Service Provider as part of the Booking.
"PSAU" means PORTABLE SKIPS AUSTRALIA PTY LIMITED ACN 618 271 248.
"Prohibited Waste"
means all items in this Agreement that are defined as Prohibited Waste.
“Service Provider”
means the entity named on the booking confirmation, tax invoice or payment receipt
as the service provider for the Booking. It will not always be PSAU, and may be a
third party business selected by PSAU to provide services in a given geographic area.
"Site Address” reffers to the address the Skip Bin is to be delivered to, and used at, as part of the Booking.
The Site Address cannot be changed without the express written consent of the Booking Agent or Service Provider.
“Quoted Terms”
means the any terms, prices, specifications, caveats, or information of any kind
advised to the Customer by the Booking Agent or Service Provider in writting.
Waste Facility Fees fees charged to the Service Provider by any waste management facility, tip, dump site or simillar.
Calculated at their receipt cost.
“Website” means the website of PSAU with web address www.portableskips.com.au or portableskips.com.au
PROHIBITED WASTE
The following things are deemed to be Prohibited Waste and
may not be placed in to a Skip Bin under any circumstance:
Any explosive or flamable materials, or any combination of materials which
could create an explosive, fire, chemical, or any sort of health hazard; or
any liquids; or
any dangerous or toxic materials including but not limited to solvents, acids,
asbestos, paints, oils, degreasers or any other chemical; or
any medical or biological waste of any kind; or
any waste type that represents a health and safety risk to the Service Provider,
its staff, the general public, any animal or any other person or thing; or
radioactive materials; or
any items reasonably declared by the Service Provider to be Prohibited Waste,
upon visual inspection by the Service Provider; or
any materials placed in to the Skip Bin not explicitly conforming
to the allowed waste types specified in the Quoted Terms.
SKIP USAGE
The Customer Agrees to:
Use the supplied Skip Bin in a safe, sensible and reasonable manner; and
To not use, cause or allow the Skip Bin to be used in any manner or way that
contradicts or violates this Agreement, the Quoted Terms, or any local law or
regulation of any kind; and
To not place or allow to be placed into the Skip Bin any
Prohibited Waste; or
To not light fires, burn or allow the burning of waste materials in the Skip Bin; or
To not fill the Skip Bin beyond its reasonable capacity, or the weight limit specified in the
Quoted Terms, or in such a manner that causes waste to protrude beyond the bounds of
the skip bin, or in such a manner that prevents the lids from closing all the way
and properly and being lockable; or
To not the Skip Bin in a manner which endangers in any way whatsoever,
or puts at risk of being harmed or injured in anyway whatsover, any person,
animal, the general public, or any property or thing of any kind.
To only use the Skip Bin for the depositing Specified Waste Materials; and
SITE ACCESS
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.
The Service Provider and the Booking Agent accept 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.
GENERAL PROVISIONS
In addition to all of its other obligations and responsibilities under this Agreement,
the Customer acknowledges and agrees:
To bear full responsibility and liability for any loss, damage to, or destruction of
the Skip Bin, whilst the Skip Bin is under the care, custody and/or control of the Customer; and
To make the Skip Bin ready and available for collection on the Booking Collection Date,
by making the Skip Bin easily accessible at the Site Address, or any other
location specified to the Customer by the Booking Agent or the Service Provider; and
That for the duration of the Booking, and as long as the Skip Bin remains in the care or possesion of the Customer,
that they will ensure that the Skip Bin remains in the same condition as when the Skip Bin was delivered to the Customer,
and without any damage whatsover, but subject to fair wear and tear for the class of Skip Bin provided; and
That legal title of the Skip Bin does not pass to or vest in the Customer at any time; and
The Customer shall not encumber or charge the Skip Bin in any way whatsoever; and
That no interest whatsoever is created or conferred in the delivered Skip Bin to the Customer; and
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 and its collection; and
Without limiting the indemnities under these terms: To assume all liability and responsibility
for the delivered Skip Bin including liability for trespass to land, public or private nuisance,
injury, death, penalties or fines in the event the Skip Bin is delivered on a footpath,
road, lane, public property or private property not owned by the Customer; and
To assume responsibility and liability for all materials deposited and placed in the Skip Bin
by any person whatsoever including persons not authorised by the Customer; and
That the Service Provider shall not be liable for the tort of conversion,
detinue or trespass to goods for the disposal or removal of any goods or materials
placed in the Skip Bin and is hereby indemnified of such liability from the Customer
for the Customer itself and for any claim or action made or commenced by any third party; and
Title in the contents of the Skip Bin remain with the Customer where the contents of the Skip Bin
contain Prohibited Waste
until and if the Service Provider properly disposes of such contents.
Where this subclause applies, the Service Provider may at its absolute discretion dispose or return
the contents to the Customer or at the Site Address or return the Skip Bin with the contents to the
Site Address with Additional Charges applying until such time as the Service Provider is able to
collect the Skip Bin in an empty and clean state.
FEES AND CHARGES
Both the Booking Agent and Service Provider charge interest on all over due amounts.
Interest is charged daily, calculated at 5% of the sum of all over due amounts.
Payment shall be made by the Customer,
to either the Booking Agent or the Service Provider, as directed by the the Booking Agent.
The Customer irrevocably and unconditionally authorises the Booking Agent
to store payment information provided to the Booking Agent by the Customer,
and to subsequently use such stored payment information to process payments for
any monies owing in relation to a booking, including any Additional Charges
as specified in this Agreement or in any Quoted Terms.
All fees unless otherwise explicitly stated on a relevant invoice or request for
payment are payable to the Booking Agent and not the Service Provider.
All fees and charges are stated inclusive of GST, unless explicitly stated otherwise.
The Customer acknowledges that in addition to the fees specified as part of the Quoted Terms,
that it shall pay to the Service Provider or Booking Agent as request,
any Additional Charges should the Customer incur such charges
in accordance with the terms of this Agreement.
In the event the Customer is liable for Additional Charges, as defined in the
Additional Charges section of this Agreement, the Customer
agrees that it shall arrange immediate payment of the Additional Charges after
being issued request by the Booking Agent or Service Provider
to pay the aforementioned Additional Charges.
ADDITIONAL CHARGES
The Customer agrees to pay the below fees to either the Booking Agent or Service Provider
immediately as of the date of invoice:
Charges for extending the skip bin hire, as per the Quoted Terms, or as provided to the
Customer by the Service Provider on request by the Customer.
Charges for additonal dumping fees incurred by the Service Provider, in cases when the Skip Bin is loaded
beyond the weight specified in the Quoted Terms. These are calculated by summing all additional
Waste Facility Fees, plus up to $5 per kilo, determined at the Booking Agents sole discretion,
for each kilo over the weight specified in the Quoted Terms.
Additional charges to meet tipping fees or special tipping fees and all other charges,
expenses or costs of any kind incurred by the Service Provider arising in connection with the Booking,
including additional costs to deal with Prohibited Waste or types of materials where
Additional Charges are imposed by a waste facility or other organisation or
business or where the materials are disposed by the Service Provider.
Excess retrieval fees where the Skip Bin is not available for collection on the Booking Collection Date.
This is calculated by multiplying the Booking Subsequent Daily Rate by 2, per day,
for each day the Skip Bin remains unavailable for collection.
If the Customer cancels a Booking, the fees specified in the
Cancellation and Refunds section of this Agreement will apply.
CANCELLATIONS AND REFUNDS
The Customer may only cancel a Booking by providing written notice to the
either the Booking Agent or Service Provider.
If a Booking is cancelled, the Customer agrees to pay the following Cancellation Fees
to the Booking Agent:
If the Customer cancels the Booking greater than three (3) business days prior to
the Booking Delivery Date, all monies paid by the Customer to Booking Agent
will be refunded to the Customer, less a Cancellation Fee of $10.00.
If the Customer cancels the Booking less than three (3) business days,
but but greater than one (1) business day prior to the Booking Delivery Date,
all monies paid by the Customer to Booking Agent will be refunded to the
Customer, less a Cancellation Fee of 20% of the total price of the Booking.
If the Customer cancels the Booking on the Booking Delivery Date,
all monies paid by the Customer to Booking Agent will be refunded to the
Customer, less a Cancellation Fee of 40% of the total price of the Booking.
The Customer acknowledges and accepts that it will not be entitled to a refund of any fees and charges paid in
respect to a cancelled Booking whereby the Customer fails to provide adequate notice of the
cancellation in accordance with any Term of Business.
The Service Provider or Booking Agent may cancel any Booking at any time on or prior to the
scheduled Booking Delivery Date in circumstances where the Service Provider is unable or incapable of supplying or
delivering the Skip Bin at the date or time required by the Customer.
The Customer hereby acknowledges and accepts this as a core condition of doing business with the Booking Agent and Service Provider,
and agrees not to hold the Service Provider or Booking Agent liable or responsible for any loss or delay of any kind
arising in connection with this condition. In the event a Booking in accordance with this condition,
the Customer will be entitled to receive a full refund of any monies
paid in respect to the cancelled Booking.
The Service Provider may cancel any Booking
without prejudice to its rights under any Term of Business,
including its rights to any monies owing in respect of any Booking,
where the Service Provider, upon attending the Site Address,
determines that access is restricted or not permitted, or that the gradient at the
Site Address is dangerous, or there are dangerous circumstances including
circumstances that could pose occupational health and safety hazzards to persons if the
Booking is carried out.
The Customer declares that the Service Provider may, in its sole discretion, terminate this Agreement and
empty the contents of the Skip Bin on the Site Address, at the sole risk of the Customer, in the
event the Skip Bin contains Prohibited Waste, has materials loaded beyond the height or capacity of
the Skip Bin, the lids are not fully closeable and lockable, has materials protruding from the
Skip Bin or any monies owing in respect of a Booking have not been paid.
If the Booking is cancelled in this manner, the Customer
will not be entitled to any refund of any kind.
INDEMNITIES BY CUSTOMER
The Customer herebey indemnifies the Booking Agent and the Service Provider against liability for
any loss, damage or injury to persons or property caused in connection with the Booking
or the Customers use of the Skip Bin.