Terms and conditions
The following terms and conditions apply to all users of Choice Skip Bin Hire website and to all purchases of goods and services from Choice Skip Bin Hire Melbourne.
You agree and acknowledge that by accepting the quote from Choice Bin Hire and booking a bin, you agree to the following terms and conditions which form part of a legally binding Agreement between Choice Bin Hire (ABN 63 607 120 963, registered at 5 Hall Street, Breaside Vic 3195) and you, the Customer.
1. Skip bin hire from Choice Bin Hire
1.1 Choice Bin Hire will provide the skip and skip services to you for the purpose of removing waste at the address provided by you, for the fee agreed upon.
1.2 While the skip bin hired from Choice Bin Hire is in your possession, you agree not to:
1.2.1 Light, or permit the lighting of, fires in the bin;
1.2.2 Place any non-compliant waste in the skip bin or allow any such non-compliant waste to remain in the bin;
(Non-compliant waste is defined as:
o Liquid waste; or
o Asbestos; or
o Explosives; or
o Solvents or acids; or
o Minerals, greases or oils; or
o Liquid concrete; or
o Toxic, dangerous, noxious or hazardous substances.)
1.2.3 Fill the bin higher than the top of its sides;
1.2.4 Fill the bin in such a manner as to cause spillage of waste either while stationary or in transit;
1.2.5 Move the bin or use the bin for any other purpose than for the disposal of compliant waste.
1.3 You agree to be liable to Choice Bin Hire for any damage to skip bins which occurs while in your possession (subject to fair wear and tear).
1.4 You agree to provide a delivery site with clear and suitable access for the driver free of obstructions, as well as suitable ground conditions for the delivery, placement and removal of the bin. Choice Bin Hire will not take responsibility for any damage to surfaces, and you agree to take the necessary steps to protect any such surfaces before delivery.
1.5 Choice Bin Hire reserves the right to refuse to enter a site at their sole and absolute discretion, if the site is not suitably safe and/or accessible.
1.6 You agree to have the bin ready for collection at the agreed upon pick-up time, with clear access available to the driver. Any change to the scheduled pick-up time must be mutually agreed upon by you and Choice Bin Hire, and may be subject to additional fees.
1.7 If you require an extension to your scheduled collection date, you must give Choice Bin Hire one (1) days’ notice of such an extension. You agree to pay any additional fees charged by Choice Bin Hire, including any requirement for the extension of permits.
1.8 Upon the driver loading the bin onto the truck, the contents of the bin shall become the property of Choice Bin Hire (subject to your compliance with this Agreement, including not placing non-compliant waste in the bin), and you agree that you will have no further claim to the waste from that time onwards.
1.9 You agree that placing non-compliant waste (see 1.2.2 for definition of “non-compliant waste”) in a skip bin will result in Choice Bin Hire refusing to remove your waste, as well as issuing a substantial fine which you are liable to pay in full within five (5) business days of the date of invoice from Choice Bin Hire.
1.10 You agree and acknowledge that the bin provided to you may be able to take rubbish in excess of the amount you have been quoted, either by weight or volume. If you fill the bin beyond the quoted amount, you agree to pay the excess charges for the actual waste placed in the bin.
1.11 If you are in default of this Agreement, Choice Bin Hire may immediately collect their bin without prior notice to you and deposit any waste in the bin on the site. You will be responsible to then have any such waste removed, and you agree to indemnify and hold Choice Bin Hire harmless from any claims, penalties, fees or charges that a third party make of any nature arising from these actions.
1.12 You agree to be responsible for any damage, loss, penalties or fines incurred by Choice Bin Hire caused by you, your employees, agents or contractors, or due to omissions or negligence. You agree to pay any such fines within five (5) business days of the date of invoice from Choice Bin Hire.
2. Skip bin hire fees for Choice Bins Hire
2.1 Upon your acceptance of the Quote, you agree to pay fees when due to Choice Bin Hire, including additional fees as applicable under the conditions of this Agreement.
2.2 You acknowledge that there may be additional fees charged by Choice Bin Hire, included but not limited to permit costs, additional charge items, overloading charges, wait time charges, return and collection charges. Overdue accounts may incur debt recovery charges and interest. You agree to pay such additional fees within five (5) business days of the date of invoice from Choice Bin Hire.
2.3 All prices quoted by Choice Bin Hire include Goods and Services Tax (“GST”). All prices are quoted in Australian dollars (AUD).
2.4 Prices quoted are based on the information you provide to Choice Bin Hire. We reserve the right to adjust pricing if the information provided to us is found to be inaccurate.
2.5 In the event that the driver is not given access to collect the bin in accordance with this Agreement, or the bin is not ready for collection at the agreed upon time (with failure to provide one (1) business days’ notice), a return trip to recollect the bin will be payable to Choice Bin Hire at an hourly rate of $100.00 plus GST.
3. Order cancellation or variation
3.1 Bins cancelled at least two (2) business days prior to delivery are eligible for a refund, minus a processing fee and any council permits applied for.
3.2 Bins cancelled no less than one (1) business day prior to delivery are subject to a cancellation fee equivalent to 50% of the quoted hire cost, plus the cost of any council permits applied for.
3.3 Bins cancelled after the bin has been delivered are subject to a cancellation fee equivalent to 80% of the quoted hire cost, plus the cost of any council permits applied for.
4. Warranties
4.1 Choice Bin Hire warrants that the skip services will be provided to your with due care and skill, in a competent manner in accordance with generally applicable industry standards.
4.2 To the extent permitted by Law, all other expressed or implied warranties, representations, or terms and conditions other than those contained in these Terms and Conditions are excluded from this Agreement.
5. Limitation on Liability
5.1 Choice Bin Hire’s total liability to you, or to any other third party concerning claimed made by you (including claims relating to negligence), relating to the performance or non-performance of this Agreement, will not exceed the fees actually paid by you to Choice Bin Hire under the relevant accepted quote.
5.2 Choice Bin Hire will not be liable for any loss of profit, savings, revenue or interest, or any other consequential, indirect, incidental, special or punitive loss, damage or expenses, even if such loss is caused by the negligence of Choice Bin Hire or its associates.
5.3 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 Choice Bin Hire for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.
5.4 Where applicable law implies a condition or warranty to an accepted quote, which has not or cannot be excluded, Choice Bin Hire’s liability for the breach of that condition or warranty is limited to their discretion to either:
o re-supply of the bin hire service to you; or
o pay the cost of having the skip bin hire services re-supplied to you
6. Use of Choice Bin Hire’s website
6.1 Liability
Whilst reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Choice Bin Hire nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements, or be liable whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
6.2 Copyright and Limited Reproduction Notices
The content of the website (“website material”) is the copyright of Choice Bin Hire. No part of the website material may be distributed or copied for any commercial purpose, and you are not permitted to incorporate the material in any other work or publication. No part of the website material may be published, copied, reproduced, transmitted or stored except for your own personal, non-commercial use.
6.3 Website Linking
The website may include links to third party materials (“linked sites”). Choice Bin Hire will not be responsible for the contents of any linked site, or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply Choice Bin Hire’s endorsement of the site or any association with their operators.
6.4 Website Advertisers
Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party. Choice Bin Hire is not responsible or liable for any part of any such dealings or promotions.
7. Privacy
7.1 You authorise Choice Bin Hire to collect, retain and use personal information about you for the purposes of:
o assessing your creditworthiness;
o processing payment for any services which you purchase from any party using the website;
o providing information to suppliers to enable fulfilment of an approved purchase order; and
o any other use that you authorise.
7.2 You have rights of access to and correction of any personal information that is held about you. Under the Privacy Act 1988, you may request access to or correction of your personal information held by Choice Bin Hire subject to payment of reasonable charges for compliance with any request for access to, or correction of, personal information.
8. Disclaimer
8.1 The website makes information and material available to you as a service. Use of the website material is at your own risk. Choice Bin Hire is not responsible for any adverse consequences arising out of the use of information contained on the website. Choice Bin Hire does not give any warranty of accuracy or reliability of information contained on the website to you or any other person. To the extent permitted by law, Choice Bin Hire excludes all responsibility and liability for such material.
