By trading with the Ezi Green Skip Bin Service, you must agree to our trading terms and conditions. View our Trading Terms and Conditions..
The Supplier: Ezi Green Skip Bins Pty Ltd. (ABN 64 602425392)
The Customer: ___________________________________________________
The Premises: ___________________________________________________
2.1. The Supplier is Daniel Green trading as Ezi Green Skip Bins (ABN 57 969 139 426) of 3084 Woodlands Road, Humpty Doo in the Northern Territory.
2.2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
2.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
2.4. The Order shall be defined as any request for the provision of Services and Hire Bins by the Customer with the Supplier which has been accepted by the Supplier.
2.5. The Hire Bins are the skip bins provided by the Supplier to the Customer on hire terms.
2.6. The Associated Services are the delivery and removal of the Hire Bins from the Premises.
2.7. The Tipping Services are the rubbish tipping services provided by the Supplier at the request of the Customer.
2.8. The Tipping Fee is the charge levied by the owner or operator of any landfill site based on the weight of the waste to be disposed of.
2.9. Hire Terms are any further of hire as agreed between the Parties.
2.10. The Premises are the land or land and buildings adjacent to which the Hire Bin will be placed at the request of the Customer.
2.11. The Price is the amount invoiced for the Hire Bins, Associated Services and/or Tipping Service and any applicable Tipping Fee.
2.12. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
2.13. Invoices include invoices for Services provided and/or rental of Hire Bins.
2.14. GST refers to Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have meanings contained within the GST Act.
2.15. Major failure refers to Major failure as defined under the Competition and Consumer Act 2010 and the Fair Trading Acts in each of the States and Territories of Australia.
3.1. These Terms and Conditions together with the Supplier’s written quotation for a Hire Term and/or Order for Hire Bins and Services including the Supplier’s Hire Rules from time to time forms this Agreement and should be read in conjunction with the Supplier’s Credit Application Form where completed.
3.2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these Terms and Conditions will prevail.
3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
3.6. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
3.7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer.
3.9. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
3.10. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website, www.ezigreenskipbins.com.au. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
4. PLACEMENT OF ORDERS
4.1. An Order is a request for Hire Bins and Associated Services from the Customer incorporating the relevant Hire Terms of the hire in accordance with the quotation provided by the Supplier.
4.2. Orders placed by the Customer with the Supplier will be considered valid when placing the Order by telephone or electronically via email or online through the Supplier’s website.
4.3. Any written quotation given by the Supplier shall expire thirty (30) days after the date of the written quotation. Quotations may also be provided to the Customer by verbal communication over the telephone.
4.4. All prices are based on taxes and statutory charges current at the time of the quotation. Should these vary during the period from the date of the quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
5.1. GST will be charged on the rental of Hire Bins and Services provided by the Supplier that attract GST at the applicable rate.
5.2. The Supplier reserves the right to change the Price to the Supplier’s Order in the event of a variation which was previously unknown or unforseen by the parties at the time the Order was placed, and notice will be provided in writing by the Supplier within a reasonable time.
5.3. At the Supplier’s sole discretion the Price shall be either:
5.3.1. As detailed on invoices provided by the Supplier to the Customer in respect of Hire Bins and/or Associated Services, Tipping Services and any applicable Tipping Fees; or
5.3.2. The Supplier’s quoted Price as for the Order (subject always to clause 5.2).
5.4. At the discretion of the Supplier, all Orders may be subject to the payment of a deposit or upfront payment of the Price by the Customer prior to the Hire Bins and Associated Services being provided by the Supplier.
5.5. The quoted Price for any Order placed online through the Supplier’s website must be paid upfront.
6. HIRE BINS AND ASSOCIATED SERVICES
6.1. The provision of the Hire Bins is subject to Hire Terms included in the Supplier’s quotation and accepted by the Customer when placing an Order. Relevant Hire Terms are:
6.1.1. The commencement and duration of the hire period, including any minimum hire period; and
6.1.2. The capacity of the Hire Bin to be provided by the Supplier.
6.2. At any time before payment is made by the Customer, the Supplier reserves their right to:
6.2.1. Decline requests for any Hire Bins and Services requested by the Customer.
6.2.2. Cancel or postpone appointments at his discretion.
6.3. The Supplier may, at its sole discretion indicate in the quotation a minimum hire period and this minimum hire period shall apply regardless of the Customer’s intended and disclosed use and/or whether or not the Hire Bin is collected by the Supplier prior to the expiration of a minimum hire period at the request of the Customer.
6.4. The Supplier may specify in the quotation a mandatory charge in consideration for the Associated Services and/or Tipping Services, including time taken to transport the Hire Bin at its prevailing rate.
6.5. The Supplier may, on request from the Customer acquiesce to extend or vary any of the Hire Terms specified in the Order. In this event, the Supplier shall be entitled to make an additional charge. Variation of the Hire Terms includes, but is not limited to, extension of the duration of the hire period and/or any additional Associated Services and/or Tipping Services provided by the Supplier; however the Customer acknowledges and accepts that the agreed Price of Bin Hire shall continue until collected by the Supplier at the request of the Customer and that these terms and conditions shall continue to apply.
6.6. The Customer must ensure the Hire Bin is able to be collected at or within the agreed and/or stipulated hire period. In the event the Supplier is unable to collect the Hire Bin for any reason the Customer may be liable for a further charge.
6.7. The Customer acknowledges that all Hire Bin is to remain the property of the Supplier at all times. The Supplier is the owner of the Hire Bin and has provided the Customer the contractual license to use the Hire Bin.
6.8. The Customer must ensure the Hire Bin is ready for collection in an undamaged condition and, as far as practicable in the same condition in which the Hire Bin was received by the Customer subject only to damage from normal fair wear and tear.
6.9. The Customer accepts that the Hire Bin must not be otherwise sold in whole or in part for commercial gain.
6.10. The Customer will be responsible for the care, security and storage of Hire Bin and accepts all risk thereto until removed by the Supplier at the end of the hire period or otherwise at the request of the Customer.
6.11. The Customer acknowledges that it has no property or interest in the Hire Bin or any part thereof and agrees that it will not make any alterations or additions to the Hire Bin without obtaining the written consent of the Supplier. Any additions or alterations made to the Hire Bin whether by replacement, substitution or otherwise shall form part of the Hire Bin and shall be subject to this agreement.
6.12. The Customer shall not remove, obscure or deface any identifying mark, label or device on the Hire Bin or any part thereof.
6.13. The Customer shall take all reasonable and proper care of the Hire Bin whilst in his possession and indemnify the Supplier against any loss and damage to the Hire Bin whatsoever.
6.14. Notwithstanding the provisions above the Supplier shall be entitled to maintain an action against the Customer for the full retail replacement price for damaged, altered or stolen Hire Bins whilst in the Customer’s custody or care as a liquidated demand.
6.15. The Customer acknowledges that it shall use the Hire Bin only for the purpose for which it is intended and in accordance with the stated Bin Hire Rules and any instructions provided by the Supplier.
6.16. The Customer shall indemnify, and keep indemnified the Supplier for any claims of direct, indirect, special or consequential loss and damage by any person or party whatsoever for injury to any person or persons and/or damage sustained to property caused by or in connection with or arising out of the use or misuse by the Customer of the Hire Bin or in a manner contrary to the Hire Rules or contrary to law and in respect of all costs and charges in connection with therewith whether arising out of statute or common law.
6.17. The Customer shall mark out and/or specify to the Supplier the correct position for placement of the Hire Bin and shall be responsible for ensuring compliance with any local council or authority rules with respect to placement of Hire Bins on or adjacent to government roads or nature strips or premises adopted by any local council or authority and agrees to indemnify the Supplier against any direct, indirect, consequential or special loss and damage as a result of a breach of this clause.
Tipping Services and Fees
6.18. The Customer remains responsible to the Supplier for all Tipping Fees incurred by the Supplier in connection with disposing of waste material.
6.19. For Non-Account Customers an estimate of the Tipping Fee is included in the quotation and/or Order.
6.20. Unless otherwise stated, The quotation includes one Tipping Fee per Hire Bin per hire period. Further tipping required by the Customer during the hire period will incur further Tipping Services at the Supplier’s prevailing rate and any further Tipping Fees.
6.21. Non-Account Customers will be invoiced for all Tipping Fees at the end of the hire period.
7. RELEVANT BIN HIRE RULES
7.1. The following compromise the Hire Rules the Customer must adhere to unless expressly waived by the Supplier in the quotation and/ or Order or subsequently in writing. The Customer must not cause or allow:
7.1.1. The lighting of fires or the burning of waste inside the Hire Bin;
7.1.2. The Hire Bin to be moved;
7.1.3. Any liquids to be placed in the Hire Bin, including but not limited to liquid concrete;
7.1.4. Harmful, unsanitary, explosive, hazardous or noxious materials to be placed in the Hire Bin, including but not limited to asbestos, acids, solvents, greases, minerals, faecal matter, bathroom waste, and used needles or medical waste;
7.1.5. The Hire Bin to be filled higher than the top of the sides of the Hire Bin or in such a manner as may allow any spillage to occur in transit;
7.1.6. The Hire Bin to be used for any illegal purpose;
7.1.7. The covering of any identifying trade mark or advertising of the Supplier on the Hire Bin.
7.2. The Customer covenants to adhere to the Bin Hire Rules and indemnifies and continues to indemnify the Supplier against any direct, indirect. Consequential or Special loss and/or damages pursuant to the Customer’s breach of the rules or negligent use or misuse of the Hire Bin.
8. PAYMENT AND CREDIT POLICY
8.1. Any reference to Customer shall include all Customers, unless it refers to a specific group of Customers.
8.2. For credit purposes, the two main groups of Customers are Non-Account Customers and Account Customers.
8.3. Non-Account Customers must make full payment of the Price prior to or upon commencement of the hire period.
8.4. Account Customers must make full payment to the Supplier within twenty-one (21) days from the date of issue of invoice(s) for the Hire Bin and/or Associated Services and Tipping Services provided by the Supplier and any applicable Tipping Fee.
8.5. Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed Credit Application Form.
8.6. Any credit granted may be revised by the Supplier at any time and at its discretion.
8.7. The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
8.8. The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
9. DISHONOUR OF CHEQUE
9.1. If any cheque issued by the Customer or by any third party in payment of the Price is dishonoured:
9.1.1. The Supplier may collect the Hire Bin and refuse to supply any further Services and/or Hire Bin until satisfactory payment is received in full, including bank fees and charges;
9.1.2. The Supplier is entitled to treat the dishonour of the Customer’s cheque as a repudiation of this Agreement and to elect between terminating this Agreement or affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Customer, including loss of profit.
9.1.3. The Customer may be liable for a dishonoured cheque fee of $40.00.
10.1. Invoices issued by the Supplier shall be due and payable upon commencement of the hire period for the Hire Bin for Non-Account Customers, and invoices issued by the Supplier shall be due and payable within twenty-one (21) days from the date of issue of the invoice for Account Customers (“Default Date”).
10.2. If the Supplier does not receive the Outstanding Balance for the Price on or before the Default Date, the Supplier may, without prejudice to any other remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further action. The Customer acknowledges and agrees that:
10.2.1. After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
10.2.2. The Supplier may, in its discretion, calculate interest at the rate of nine per centum (9%) per annum for all monies due by Customer to the Supplier to be calculated and applied each month the Customer remains in default.
10.2.3. In the event of the Customer being in default of his obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the Customer shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis the Customer shall be liable to pay as a liquidated debt, the commission payable by the Supplier to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply:
Original Debt x 100
Commission = 100 – Commission % charged by the agency (including GST)
10.2.4. In the event the agency is Prushka Fast Debt Recovery the applicable commission rate for the amount unpaid is as detailed on www.prushka.com.au.
10.2.5. In the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer the Customer shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
11. RISK AND LIABILITY
11.1. The Customer is responsible for ensuring the suitability of the Hire Bin(s) for his intended use.
11.2. The Customer will ensure when placing Orders that there is sufficient information to enable the Supplier to execute the Order.
11.3. The Supplier takes no responsibility if the specifications provided by the Customer are wrong or inaccurate and the Customer will be liable in that event for the expenses incurred by the Supplier for any work required to rectify the Order.
11.4. The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Order and the Supplier relies upon the integrity of the information supplied to it.
11.5. The Supplier takes no responsibility and will not be liable for any damages or costs as a consequence of insufficient or inaccurate information provided by the Customer.
11.6. The Supplier takes no responsibility for representations by a third party.
11.7. The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from any loss incurred as a result of delay or failure to provide the Hire Bins or Associated Services including Tipping Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control.
11.8. The Supplier does not represent that it will provide Hire Bins or Associated Services including Tipping Services unless it is included in the quotation.
12.1. The Supplier warrants that the rights and remedies to the Customer in this Agreement for warranty against defects are in addition to other rights and remedies of the Customer under any applicable Law in relation to the Services to which the warranty relates.
12.2. The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia
Warranty for Hire Bins
12.3. The Supplier warrants that if any defect in any Hire Bin provided by the Supplier becomes apparent and is reported within three (3) days of the commencement of the hire period the Supplier will remedy the defect by:
12.3.1. Providing a replacement Hire Bin and the date the replacement is delivered by the Supplier shall be taken to be the commencement date for the purposes of the Hire Terms; or
12.3.2. The refund of the Price paid by the Customer.
12.4. For the avoidance of doubt, Hire Bins are provided by the Supplier in accordance with the quotation or Order but unsuitable for the Customer’s intended use for any reason including whether such use was disclosed to the Supplier or not does not give rise to a claim under this Clause 12.
Claims made under Warranty
12.5. Subject to clause 12.1 and 12.2 of this Agreement claims for warranty should be made in one of the following ways:
12.5.1. The Customer must send the claim in writing together with proof of purchase to the Supplier’s postal box, PO Box 808, Palmerstone NT 0831;
12.5.2. The Customer must email the claim together with the proof of purchase to the Supplier’s email address [email protected]; or
12.5.3. The Customer must contact the Supplier on Supplier’s the business number 0428 893 721.
13. TERMINATION AND CANCELLATION
Cancellation by Supplier
13.1. The Supplier may cancel any Order to which these Terms and Conditions apply at any time before payment is made by the Customer by giving written notice to the Customer. The Supplier shall not be liable for any loss or damage or consequential loss or damage whatsoever arising from such cancellation.
13.2. Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
13.2.1. Any money payable to the Supplier becomes overdue;
13.2.2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
13.2.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Cancellation by Customer
13.3. Any Order cannot be cancelled by the Customer less than twenty-four (24) hours before the commencement date of the hire period unless such cancellation is expressly accepted by the Supplier in writing.
13.4. In the event that the Customer cancels an Order for Hire Bins and Associated Services without providing sufficient notice per the above clause 13.3, the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits).
13.5. The Supplier acknowledges that in the event the Supplier contravenes any of the terms of this Agreement, then clauses 13.3 and 13.4 will not apply.
14.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment.
14.2. The Customer acknowledges that the Supplier can produce this clause in bar of any proceeding for set-off.
15.1. The Supplier is not liable to provide any insurance cover in relation to the provision of the Hire Bins and Associated Services. The Customer is responsible to effect whatever insurance cover he requires at his own expense.
16.1. The Customer will be charged an additional fee if the Supplier’s work in providing Associated Services, including delivering or collecting Hire Bins is interfered with or no proper or safe access to the Hire Bin is provided to the Supplier.
16.2. The Supplier will not be held responsible for any delay due to inclement weather, failure of the Customer to provide required items or information, changes requested to be made by the Customer and/or in any circumstances beyond the Supplier’s reasonable control.
17. AGREED USE
17.1. The Customer acknowledges that the Customer may forfeit any rights if any, he may have against the Supplier if:
17.1.1. The Hire Bin is applied for any other use to which the Hire Bin is not intended for and/or not in accordance with any applicable manual, instructions and/or Hire Rules;
17.1.2. Any alteration to the Hire Bin is carried out other than in accordance with this Agreement.
18.1. This Agreement is deemed to be made in the Northern Territory and all disputes hereunder shall be determined by the appropriate courts of the Northern Territory.
19. PRIVACY ACT 1988
19.1. The Customer and/or the Guarantor/s agrees;
19.1.1. For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Supplier.
19.1.2. That the Supplier may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency.
19.1.3. The Customer consent to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
20. ENTIRE AGREEMENT
20.1. These Terms and Conditions as defined in Clause 3.1 constitute the whole Agreement made between the Customer and the Supplier.
20.2. This Agreement can only be amended in writing signed by each of the parties.
20.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
20.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.