Standard Bin Booking

Terms & Conditions
TERMS & CONDITIONS OF HIRE
1. Definitions and Interpretation
1.1 Definitions
In this agreement, unless the context otherwise requires, capitalised terms have the meaning given to them in the Proposal, and:

Additional Costs means any additional costs, expenses, damages or losses suffered or incurred by us.

Business Day means a day on which banks are open for general banking business in Victoria, excluding Saturdays, Sundays and public holidays.

Corporations Act means the Corporations Act 2001 (Cth).

Fee Variation has the meaning given in clause 3.2.

Hire Period means the term and/or length of period that you will utilise the services.

Insolvency Event means the occurrence of any one or more of the following events in relation to you:

you are or state that you are insolvent or you are deemed or presumed to be insolvent under any applicable laws;
an application or order is made for your winding up, bankruptcy or dissolution or a resolution is passed or any steps are taken to pass a resolution for your winding up or dissolution;
an administrator, provisional liquidator, liquidator or person having a similar or analogous function under the laws of any relevant jurisdiction is appointed in respect of you or any action is taken to appoint any such person and the action is not stayed, withdrawn or dismissed within 10 Business Days;
a controller is appointed in respect of any of your property;
you are deregistered under the Corporations Act or other legislation or notice of your proposed de-registration is given to you;
a distress, attachment or execution is levied or becomes enforceable against you or any of your property;
you enter into or take action to enter into an arrangement, composition or compromise with, or assignment for the benefit of, all or any class of your creditors or members or a moratorium involving any of them;
a receiver or manager (or both) or trustee in bankruptcy is appointed in respect of you or your property;
a petition for the making of a sequestration order against your estate is presented and the petition is not stayed, withdrawn or dismissed within 10 Business Days or you present a petition against yourself; or
anything analogous to or of a similar effect to anything described above under the law of any relevant jurisdiction occurs in respect of you.
Price means the fees and charges and price (as agreed between the parties) and any additional costs incurred as a result of any breach of your obligations outlined in clause 4.

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Party means a party to this agreement, and Parties means all of them.

Personal Information has the meaning given in the Privacy Act;

Privacy Act means the Privacy Act 1988 (Cth);

Start Date means the date set out in the Agreement as the beginning of the hire period.

Skip Bin(s) and Trailer means any waste bin, trailer or other waste disposal equipment provided to you.

Services means the service provided by us of hiring out skip bin and trailer to you.

1.2 Interpretation
In this agreement, unless the context otherwise requires:

the singular includes the plural and vice versa;
headings are for convenience only and do not affect interpretation;
a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this agreement;
if any act which must be done under this agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
includes and similar words mean includes without limitation;
no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
a reference to a party to an instrument includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
a reference to this agreement or any other instrument includes the instrument, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
a reference to a covenant, obligation or agreement of two or more persons binds or benefits them severally;
a reference to time is to local time in Victoria, Australia; and
a reference to $ or dollars refers to Australian Dollars.
2. Commencement
This agreement takes effect on and from the Start Date. No cancellations will be accepted by us after the Start Date, other than in accordance with clause 3.2.

We will proceed with the provision of the Services within a reasonable time after the later of:

the Start Date;
the satisfaction of any other conditions precedent contemplated by this agreement.
3. Our obligations
3.1 Services
In consideration of your payment of the Fee, we will provide the Services in accordance with this agreement.

If this agreement expresses a time within which the Services are to be provided, you acknowledge and agree that any such time is an estimate only and creates no obligation on us to provide the Services by that time.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any works, services, goods, materials or items which:

do not form part of the Services, as expressed in this agreement; or
have not been provided by us.
This clause 3.1(c) will survive the termination or expiry of this agreement.

3.2 Variations
Subject to clause 3.2(b), you may request a variation or change to the Services (length of hire and date of hire), by providing notice to us, with details of the variation or change requested.

We will provide you with a quotation of any adjustments to the Price, where possible. If you accept the revised quotation, the parties will vary this agreement.

If the adjustment to the Price results from:

any failure to supply information or documents as required under this agreement; or
any variation, change or increase in circumstances beyond our reasonable control, including but not limited to:
an act of God;
an act of government or authority;
adverse weather conditions;
flood, fire, storm or other natural disaster;
terrorism;
industrial action;
road closure or diversion;
absence of a third party that we require to provide the Services;
defects or inefficiencies in design, specification, materials or workmanship;
any failure to provide any relevant permit, authority, licence, consent, approval or other permission; or
any delay in the performance of obligations by any other person;
we will be entitled to increase the Price to reflect that variation, change or increase.
4. Your obligations
4.1 Payment
In consideration of the Services, you must pay the Price to us, including the additional costs incurred by us as a result of your breach of this agreement.

You must pay the Price as specified in this agreement or otherwise in writing, at the times and in the manner specified. We reserve the right to require you to pay any amounts due under this agreement in advance or in instalments.

4.2 GST
The Price is exclusive of GST. If GST is payable on any supply made under this agreement, you must pay to us an amount equal to the GST that is payable in addition to any amount payable under this agreement.

4.3 Additional obligations
You must not:

use the Services for any illegal purpose;
do anything that may cause loss, damage, or injury to us or any third party;
make any representations or warranties about the Services unless we have approved them in writing;
interfere with the Services or our personnel; and
permit any third party to do any of the above.
4.4 Risk
You assume all risks associated with the use of the Services and you must maintain adequate insurance coverage for any loss or damage arising from your use of the Services.

5. Liability
To the maximum extent permitted by law, we are not liable to you or any other person for any loss, damage, cost or expense, including consequential loss, arising out of or in connection with this agreement, whether in contract, tort (including negligence) or otherwise.

6. Termination
6.1 Termination for Convenience
We may terminate this agreement for convenience at any time by providing you with 14 days’ written notice.

6.2 Termination for Default
We may terminate this agreement immediately if you breach any provision of this agreement, and that breach is not remedied within 5 Business Days after we give you notice of the breach.

7. Confidentiality
Each Party must keep confidential all Confidential Information disclosed to it by the other Party, and must not use that Confidential Information except for the purposes of this agreement.

8. Governing Law
This agreement is governed by the laws of Victoria, Australia.

9. Entire Agreement
This agreement constitutes the entire agreement between the Parties and supersedes any prior agreement or understanding, whether oral or written, in relation to the subject matter of this agreement.

10. Assignment
Neither Party may assign or transfer any of its rights or obligations under this agreement without the prior written consent of the other Party.

11. Notices
Any notice given under this agreement must be in writing and may be delivered personally, sent by post, or by email to the address of the relevant Party set out in the Proposal or such other address as a Party may notify the other Party in writing from time to time.

12. Waiver
A waiver of any provision of this agreement is only effective if it is in writing and signed by the Party waiving the right. A failure or delay by a Party to exercise a right or remedy under this agreement does not constitute a waiver of that right or remedy, and will not prevent any future exercise of that right or remedy.

13. Severability
If any provision of this agreement is found to be invalid or unenforceable by a court or other competent authority, that provision will be deemed modified to the extent necessary to make it valid and enforceable, and the remaining provisions of this agreement will continue in full force and effect.

14. Force Majeure
Neither Party will be liable for any failure to perform its obligations under this agreement to the extent that the failure is caused by a Force Majeure Event. A Party claiming a Force Majeure Event must notify the other Party in writing within 5 Business Days of the occurrence of the event.