Terms & Conditions
AUSSIE SKIPS BINS SERVICES TERMS AND CONDITIONS
This website is operated by Aussie Skips Bin Services Pty Ltd (ABN: 17 615 153 985) a division of Aussie Skips Industries Pty Ltd (ABN 44 614 855 659). Throughout the site, the terms “Aussie Industries”, “we”, “us”, or ,”our”, are together collectively referred to as “Aussie Skip Bin Services”.
1. SERVICE DETAILS
Aussie Skips Bin Services will supply and deliver the specified Skip Bin to the delivery address, on the requested Delivery Date, and will collect the delivered Skip Bin on the Collection Date as specified in on your order.
2. FEES AND CHARGES
2.1 Maximum hire duration is 7 days.
2.2 Charges quoted for skip bin hire are based upon a standard allocation and delivery schedule. Time frame options provided for skip bin delivery and collection (i.e. AM, PM) are offered as a preference only and cannot be guaranteed.
If the Customer requires a pickup at a time that does not fit in with our standard allocation and delivery schedule, or at a time other than in accordance with clause 6 of this Agreement, additional charges may be incurred by the Customer subject to Aussie Skips Bin Services providing prior notice to the Customer of such additional Charges.
2.3 The Customer will pay the Specified Fees to Aussie Skips Bin Services in consideration of the agreed services to be provided by Aussie Skips Bin Services to the Customer and pursuant to the terms of this Agreement.
2.4 The fees and charges are inclusive of GST unless otherwise stated for the Specified Fees or Additional Charges.
2.5 The Customer acknowledges that in addition to the Specified Fees that it shall pay to Aussie Skips Bin Services the Additional Charges should the Customer incur such charges in accordance with clause 3.
3. ADDITIONAL CHARGES
3.1 The Customer shall pay to Aussie Skips Bin Services the following Additional Charges:-
(a) Additional Weight Charge, being a charge for weight of waste materials in the Specified Skip Bin exceeding the assigned Maximum Weight “Max Weight” for such Specified Skip Bin in accordance with clause 7 of this agreement.
(b) Additional charges to meet tipping fees or special tipping fees and all handling charges including Excess Loading Fees, expenses and costs incurred by Aussie Skips Bin Services including additional costs to deal with Prohibited Materials or types of materials placed in the Bins where additional charges are imposed by the tip or waste station where the materials are disposed by Aussie Skips Bin Services
(c) Restricted Delivery / Collection Fees.
(d) Excess Retrieval Fees where the Skip Bin is not available for collection on the Collection Date.
(e) Additional Daily Hire Charge, being a charge for hire periods that exceeds the maximum hire duration of 7 days.
(f) Additional Delivery/Collection charges where the Customer requires delivery or collection on a specific day &/or time that does not fit in with our standard allocation and delivery schedule.
3.2 Futile Collection. A futile collection occurs when:
(a) The customer has failed to inform Aussie Skips Bin Services of any reason that may impact on the ability to safely service the customer’s site.
(b) Aussie Skips Bin Services attend the customer’s site to perform the collection and are unable to access the customers’ bin.
(c) In the event of a futile collection, Aussie Skips Bin Services have a discretion to invoice further costs.
3.3 The Additional Charges for the purposes of clause 3.1 will be reasonable charges in conformity with standard charges for such additional fees charged by Aussie Skips Bin Services.
4.1 The Customer shall pay the Specified Fees due under this Agreement to Aussie Skips Bin Services at the time of submitting and processing the order.
4.2 The Customer shall pay the Additional Charges to Aussie Skips Bin Services after being invoiced for such Additional Charges.
4.3 Payment shall be made by the Customer by Credit Card or Debit Card online. The Customer irrevocably and unconditionally authorises Aussie Skips Bin Services to charge its credit card or debit card for the amount of the Specified Fees under this Agreement and for any Additional Charges.
4.4 Aussie Skips Bin Services will send a Tax Invoice for fees and Additional Charges in accordance with the GST Legislation.
4.5 Payment of the Specified Charges and Additional Charges to Aussie Skips Bin Services shall operate as a good and effective discharge for the relevant fees owing to them.
5. PERFORMANCE OF SERVICES
5.1 Aussie Skips Bin Services will, in its absolute discretion, not have to perform the Services on weekends or public holidays or for any of the following reasons;
(a) If Aussie Skips Bin Services cannot access the Site safely;
(b) If Aussie Skips Bin Services does not provide Services to the area in which the Customer’s Site is located;
(c) If there is insufficient space on Site for Aussie Skips Bin Services to perform the Services;
(d) If the Bin(s) appears overweight, damaged or broken or has been filled unevenly;
(e) If the Customer has not paid the Charges;
(f) If the Customer is in breach of this Agreement or if Aussie Skips Bin Services is prevented from performing the Services by circumstances beyond Aussie Skips Bin Services reasonable control (including, but not limited to, natural disaster or industrial action).
6. DELIVERY / COLLECTION NOTIFICATION AND MINIMUM SERVICE
(a) Subject to clause 6(b) below, the Customer irrevocably directs Aussie Skips Bin Services to perform the Services on the frequency detailed under clause 1 “Service Details”, on the days determined by Aussie Skips Bin Services from time to time in its discretion.
(b) The Customer may, by providing reasonable notice to Aussie Skips Bin Services, amend the frequency for the performance of the Service.
(c) Aussie Skips Bin Services will use all reasonable endeavours to perform the Services on the frequency agreed in accordance with this Agreement but accepts no liability where such performance is prevented, hindered or for some other reason does not occur by a cause that is beyond the reasonable control of Aussie Skips Bin Services.
(d) In the event that Aussie Skips Bin Services is unable to perform the Service at an agreed time, Aussie Skips Bin Services agrees to perform that Service within a reasonable time thereafter.
7. WEIGHT LIMITS
7.1 The Customer acknowledges and agrees that the weight of the Waste deposited in each Bin shall not exceed the Allowable Maximum Weight limit, indicated as “Max Weight” on the specified Skip Bin product details displayed during the ordering process.
7.2 Where no allowable weight has been specified, the Customer acknowledges and agrees that the Allowable Maximum weight (“Max Weight”) of the Waste deposited in each Bin shall not exceed the Max Weight assigned and specified on the “Skip Bin Sizes” page of our website, at the following link / URL https://www.aussieindustries.com.au/skip-bin-sizes/ .
7.3 Aussie Skips Bin Services may in its discretion refuse to collect the Bin(s) if it exceeds the assigned Allowable Maximum Weight (“Max Weight”).
7.4 If Aussie Skips Bin Services elects to collect any Bin that exceeds the Allowable Maximum Weight (“Max Weight”) resulting in an Overweight Bin, the Customer will be required to pay an “Additional Weight Charge” for the collection and tipping of the Overweight Bin(s) in accordance with clause 3 of this Agreement.
7.5 Aussie Skips Bin Services will invoice and charge the Customer the “Additional Weight Charge” as per the amount specified at the time of placing the order,
8. CUSTOMER OBLIGATIONS
The Customer acknowledges and agrees:-
(a) to use the supplied Skip Bin in a reasonable and sensible manner;
(b) to 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;
(c) to render the Skip Bin to Aussie Skips Bin Services on Collection in the same state and condition as when the Skip Bin was delivered to the Customer, subject to fair wear and tear;
(d) to make the Skip Bin ready and available for collection by Aussie Skips Bin Services on the Collection Date;
(e) that legal title of the Skip Bin does not pass or vest in the Customer at any time;
(f) the Customer shall not encumber or charge the Skip Bin in any way whatsoever;
(g) that no interest whatsoever is created or conferred in the delivered Skip Bin to the Customer;
(h) to only use the Skip Bin for the depositing Specified Waste Materials;
(i) 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;
(j) 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;
(k) 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;
(l) that Aussie Skips Bin Services 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.
(m) title in the contents of the Skip Bin remain with the Customer where the contents of the Skip Bin contain Prohibited Materials until and if Aussie Skips Bin Services properly disposes of such contents;
(n) where (m) above applies, Aussie Skips Bin Services 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 Aussie Skips Bin Services is able to collect the Skip Bin in an empty and clean state.
9. RESTRICTIONS ON USE OF SKIP BINS
Whilst the Skip Bin is in the care, custody and control of the Customer, the Customer shall not:-
(a) place or allow to be placed whether directly or indirectly into the Skip Bin any Prohibited Materials.
(b) light fires, burn or allow the burning of waste materials in the Skip Bin;
(c) excessively fill the Skip Bin whereby the waste materials protrude higher than the top of the Skip Bin or do not fully fit within the confines of the Skip Bin;
(d) relocate, move or otherwise allow the Skip Bin to be moved or relocated from the Site Address unless otherwise expressly authorised in writing by Aussie Skips Bin Services;
(e) use the Skip Bin for any illegal purpose which contravenes this Agreement or any law;
(f) use the Skip Bin for any other purpose other than that disclosed by the Customer and expressly agreed to by the parties and which may be reasonably anticipated in this Agreement.
10. CANCELLATION OR VARIATION OF ORDER
10.1 The Customer may cancel or vary the order providing Aussie Skips Bin Services written notice of the cancellation or variation to the order not less than two (2) business days prior to the Delivery Date.
(a) In the event an order is cancelled by the Customer less than two (2) business days prior to the Delivery Date the cancellation fee will be 10% of the charged amount and payable to Aussie Skips Bin Services
(b) In the event an order is cancelled by the Customer on the Delivery Date the cancellation fee will be 25% of the charged amount and payable to Aussie Skips Bin Services.
10.2 In the event the Customer seeks to vary an order pursuant to this clause 10, the granting of the variation sought shall be at the absolute discretion of Aussie Skips Bin Services and may be subject to payment of additional fees and charges for changing the Service required and other reasonable costs of Aussie Skips Bin Services.
10.3 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 service whereby the Customer has failed to provide adequate notice of the cancellation or variation in accordance with this clause 10.
10.4 Aussie Skips Bin Services may cancel the Customer’s order at any time on or prior to the scheduled Delivery Date in circumstances where Aussie Skips Bin Services is unable or incapable of supplying and/or delivering the Skip Bins or carry out the Service on the date or time required by the Customer; and
10.5 In the event an order is cancelled by Aussie Skips Bin Services, the Customer will be entitled to receive a full refund of any monies paid in respect to the cancelled order unless otherwise agreed in writing and otherwise shall have or incur no further liability.
10.6 Aussie Skips Bin Services may cancel this Agreement without prejudice to its rights under this Agreement including Delivery / Collection Charges where Aussie Skips Bin Services upon attending the Site Address determines that access is restricted or not permitted, the gradient at the Site Address is dangerous or there are dangerous circumstances including circumstances that could pose occupational health and safety issues to persons in the vicinity of the suggested delivery point.
10.7 Aussie Skips Bin Services is hereby authorised to 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 Materials, has materials loaded beyond the height and capacity of the Skip Bin; has materials protruding from the Skip Bin or the Specified Fees have not been paid prior to delivery of the Skip Bin.
Subject to fair wear and tear, the Customer shall bear full responsibility and be liable for all loss, damage or destruction to the Skip Bin whilst the Skip Bin is in the care, custody or control of the Customer.
12. SITE ACCESS AND CONDITIONS
12.1 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.
12.2 Aussie Skips Bin Services 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.
This Agreement shall not be assigned by the Customer without the consent in writing of Aussie Skips Bin Services.
14. INDEMNITIES BY CUSTOMER
The Customer shall be responsible for and shall indemnify Aussie Skips Bin Services against liability for all loss, damage or injury to Aussie Skips Bin Services arising or caused by the Customer’s breach of these terms or the Customer’s use, custody and control of the Skip Bin howsoever caused (excepting attributed damage caused by the negligence of Aussie Skips Bin Services by the Customer, Customer’s employees, the Customers sub-contractors, the Customer’s agents and unauthorised third parties.
15. COMPLIANCE WITH THE LAW & ASSOCIATED INDEMNITIES
Throughout the continuance of this Agreement the Customer shall conform at its own cost and expense with all Acts of both Federal and State Parliaments and all Regulations, By-laws, Ordinances or Orders made thereunder and the lawful requirements of any Public, Municipal or other authority so far as the same may affect or apply to the Customer and the Customer shall indemnify Aussie Skips Bin Services from and against all actions, costs, charges, claims and demands in respect thereof.
16. IMPLIED STATUTORY TERMS & LIMITATION OF LOSSES
16.1 To the extent permissible by law the operation of any implied statutory term or terms are hereby excluded.
16.2 Where the Skip Bin services, if any, provided by Aussie Skips Bin Services under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption then in the event Aussie Skips Bin Services is in breach of this Agreement, or is liable for loss or damage, Aussie Skips Bin Services shall not be liable for any consequential loss including economic loss and the liability of Aussie Skips Bin Services to the Customer shall be limited to as Aussie Skips Bin Services may decide:
(a) the supplying of the Service again;
(b) the supplying of equivalent goods or services; or
(c) the payment of the cost of having such services supplied again.
17. PROPER LAW OF CONTRACT
This Agreement shall be construed and take effect in accordance with the laws of the State of New South Wales. 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
“Additional Charges” are the charges referred to in clause 3.1.
“Additional Weight Charges” are charges payable where the weight of refuse or material placed in the delivered Skip Bin exceeds the prescribed maximum weight for such Specified Skip Bin.
“Collection Date” means the date being the agreed collection date for the Skip Bin as varied by mutual consent by the parties in writing.
“Delivery Date” means the date agreed to be the date for delivery of the Skip Bin by Aussie Skips Bin Services or the date of delivery of the Skip Bin, whichever is the alter to occur.
“Delivery Period” means the date commencing at the Delivery Date and terminating at the agreed time on the Collection Date of if no agreed time, a time as selected by Aussie Skips Bin Services for such date or a later date.
“Excess Loading Fees” means additional fees payable for materials placed in the Skip Bin which protrude from the Skip Bin or are protrude above the height of the Skip Bin.
“Excess Retrieval Fees” means the additional cost per day or part thereof for the licensed use of the delivered Skip Bin extending beyond the initially agreed Collection Date to a date being when the Skip Bin is reasonably available for collection on a business day.
“GST Legislation” shall mean A New Tax System (Goods and Services Tax) Act 1999 and the regulations made thereunder as amended from time to time and any corresponding replacement legislation.
“Prohibited Materials” means and includes:-
(a) any liquids;
(b) any explosive materials or combinations of materials or substances which creates explosive materials by chemical reactions,
(c) dangerous, toxic, hazardous or noxious materials including but not limited to asbestos, acids, solvents, chemicals, paints, oils and medical biological wastes;
(d) radioactive materials; and
(e) materials or substances otherwise referred to as such on the Web Site at the time this Agreement is entered into; or
(f) materials placed in the Specified Skip Bin not conforming to the Waste Type.
“Restricted Delivery / Collection Fees” being additional fees and costs unnecessarily incurred or sustained by Aussie Skips Bin Services by reason of no or restricted access to the Site Address or for delivery and / or collection of the Skip Bin or where delivery or collection would otherwise occur in dangerous circumstances or on a dangerous gradient as determined by Aussie Skips Bin Services upon seeing the Site Address.
“Skip Bin” means a waste bin receptacle commonly used for delivery to parties on a specialist use truck, disposal of materials and refuse in such receptacle and the collection and disposal of the materials in such receptacle at a proper waste disposal facility using the specialist use truck.
“Specified Fees” means the fees prescribed on the Website at the time of entering into this Agreement or otherwise quoted by Aussie Skips Bin Services for the provision of the Service after taking into account or specified for :
(a) the size and type of the Specified Skip Bin
(b) the Site Address;
(c) the Delivery Period;
(d) the Waste Type “Site Address” means the address location for delivery of the Skip Bin as agreed between the parties.
“Specified Skip Bin” means the type and size of the Skip Bin as agreed between the parties. “Specified Waste Materials” mean the Waste Type but excludes Prohibited Materials.
“Waste Type” means the type of waste as agreed between the parties for disposal in the Skip Bin and otherwise referred to and described on the Website for each type of Waste Type.
“Website” means the websites operated by Aussie Skips Bin Services under the following registered domain names: