Should you have any questions about the below Taurus Skips Terms and Conditions, please give us a call on 0413 273 779.
Flat-rate Price Guarantee
a. Our guarantee is simple. If you tell us exactly what you will be disposing of in the skip bin, we will tell you exactly how much it will cost, with no hidden fees. Our quoted prices include GST. The only time the price would change would be if you change what you plan to dispose of.
General
a. The Hire Contract between Taurus Skips (“Taurus Skips/us/we/our”) and its customer (“you/your”) is subject to these terms and conditions, in addition to any other quotation or document which we may provide to you for our services.
General Definitions
a. Skip Bin/s means the bins provided to you by us for the purpose of waste removal;
b. Hire Contract means a specific contract between us and you, agreed to by both parties including these terms and conditions, formed by the acceptance of our quotation by you;
c. Regulated Waste has the meaning given to it by section 65 of the Environmental Protection Regulations 2008.
Quotes
a. We may provide you with a Quotation for the delivery, use and pickup of a Skip Bin you have asked us to provide, expressed in Australian Dollars.
b. Quotes are valid for 30 days only, and may be withdrawn by us at any time before acceptance by you.
c. The Quote is based on the information you provided to us, whether by phone, text message, email or through our website booking form. In the event that you have failed to provide us with all the relevant information prior to the delivery of our Quote, we reserve the right to amend our Quote to account for any additional costs and expenses that were not accounted for at the time of our Quote.
d. A Quote received and accepted by you will be subject to these terms and conditions, whether signed by you or not.
GST and Other Taxes
a. Our quoted prices are inclusive of GST. You are liable to pay any other taxes, levies, rates or government charges applicable to your transactions with us.
Delivery
a. We will deliver the Skip Bin/s to your nominated address and you must make all necessary arrangements to receive the Skip Bin/s whenever we tender for delivery. We shall not be held liable for any damages, costs or losses you or someone else incurs if we are unable to deliver the Skip Bin/s due to there being inadequate access to your nominated address.
b. Where practical, we will provide you with an estimated delivery window in advance. We will strive to ensure the Skip Bins are delivered by the agreed time, however, we will not be liable for any damages, costs or losses you or someone else incurs as a result of any delay in delivery.
c. You do not need to be present at the time of delivery or collection, provided we have clear and safe access to the nominated location and you have given us clear instructions for placement of the Skip Bin. Where you are not present, you accept the Skip Bin has been placed in accordance with those instructions.
Terms of Payment
a. Payment is due on delivery of the Skip Bin, unless otherwise agreed by us in writing. We accept payment by EFTPOS.
b. Where we have agreed to invoice you, you must pay our tax invoices within the terms specified on the invoice, without set off, counter-claim or demand.
Collection and Non-payment
a. Our standard hire period is seven (7) days from the date of delivery. Where a longer period has been agreed at the time of booking, that period will apply.
b. We will arrange collection of the Skip Bin within 24 to 48 hours of you notifying us that it is ready for collection, subject to access, weather and other factors reasonably beyond our control.
c. Where payment has not been received in accordance with clause a of Terms of Payment, we reserve the right to delay collection of the Skip Bin until payment is made in full. Any additional hire period arising from such a delay may be charged to you at our standard daily rate, and we will not be liable for any damages, costs or losses you or someone else incurs as a result of the Skip Bin remaining on site.
d. If we cannot recover our Skip Bin/s at the agreed pick-up time for any reason, we reserve the right to charge you the hire fee at a daily rate specified by the Hire Contract until our Skip Bin/s are recovered.
Default
a. You will be in Default of your agreement with us if you: i. Fail to pay in accordance with our terms for payment; ii. Experience an insolvency event (because you become bankrupt or a liquidator, receiver or administrator is appointed or an application for winding up is filed); iii. Repudiate or terminate this agreement without a lawful excuse; iv. Fail to provide us with the information we require to complete the work we have agreed to do; and v. Breach these terms and conditions.
b. Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation relating to these terms and conditions, then we may: i. Treat the whole of the agreement as repudiated and demand payment of the total amount owing against you and take steps to recover the debt; ii. Claim the return of any Skip Bins in your possession; iii. Delay collection of any Skip Bin in your possession until payment is made in full; iv. Refuse to supply you with any more Skip Bins; v. Recover any costs, expenses or losses we incur as a direct or indirect consequence of your default (including legal costs on a solicitor and client / indemnity basis) from you, as a debt due and owing; vi. Charge interest on all overdue amounts at a rate of fifteen percent (15%) per annum calculated on a daily basis from the date of our Tax Invoice until payment; vii. Contact credit reporting agencies to notify them of your default.
c. In an event of Default, all waste is deemed to belong to you until payment is made and we reserve the right to unload the Skip Bins at your site prior to removal of the Skip Bins from your site.
Title of Goods
a. Subject to these terms and conditions, legal and equitable title in the Skip Bin (including parts) supplied by us remains vested in us and shall not pass to you at any time. You are not entitled to sell, transfer, mortgage, charge or encumber in any way the Skip Bins nor part with possession of the Skip Bins or assign the benefit of the Hire Contract.
b. In the event of Default by you, you acknowledge and agree that we may recover or retake possession of any Skip Bins we have supplied to you and you authorise and allow us (or our representatives, employee or agent) to enter any premises without notice, at any time, to retake possession of any or all of the goods we identify as having been provided by us.
c. In the event that we incur costs as a result of us retaking possession of the goods, you agree to indemnify us for those costs on a full indemnity basis.
Credit Enquiries and Reporting
a. You consent to us making inquiries in relation to your creditworthiness, including but not limited to obtaining reports from credit reporting agencies, trade suppliers, financial credit providers and trade insurers.
b. You consent to us disclosing whole or part of the information you supply to us to credit reporting agencies for the purpose of that credit reporting agency to add or create any credit information file or database in relation to you.
c. You consent to us obtaining a credit report from a credit-reporting agency containing personal credit information about the principals of your business to support our assessment of your creditworthiness.
d. You consent to us disclosing information about you to our business partners, professional advisors (including lawyers, auditors and bankers) in connection with the transaction the subject of the Hire Contract.
Prohibited and Regulated Waste
a. No Regulated Waste types or toxic materials are to be placed in the Skip Bins. This includes, but is not limited to: asbestos, chemicals, gas bottles, flammable material, paint, batteries, food waste, tyres, dead animals, baby nappies, liquids, oils, solvents, poisons and wet cement.
b. Mattresses and synthetic turf may be accepted for an additional charge. These must be declared at the time of booking so the charge can be included in your Quote.
c. Soil, dirt and clean fill must be placed in a separate Skip Bin nominated for that purpose and must not be mixed with any other waste. The same applies to clean concrete and masonry. Strict weight limits apply to these Skip Bins and you must not overload them.
d. Removal of Regulated Waste types or any other toxic materials is not a service provided by us. You shall indemnify us from any costs, expenses or losses incurred should you dispose of Regulated Waste or toxic materials in the Skip Bins.
Additional Charges
a. Overfilled Skip Bins may require sorting and/or unloading to ensure they comply with transport requirements. Any such action will be at our sole discretion and may incur a fee. Waste must not be loaded above the rim of the Skip Bin.
b. We reserve the right to charge a cleaning fee for excessive amounts of paint, plaster, granite and other such products disfiguring the exterior of the Skip Bins.
c. Travelling time for delivery/pick up of Bins may be charged when the time and distance exceed those normally allowed for in the Hire Contract. We will notify you if additional travel charges apply prior to confirming the Hire Contract.
d. An additional charge may be incurred when clear and/or safe access is not available to our driver when delivering or removing the Skip Bins, resulting in our driver needing to wait until the access problem is rectified.
e. A longer rental period and additional charges may be incurred by you if the pickup location selected by you subsequently proves to be inaccessible due to weather conditions or other factors beyond our control.
General Matters
a. Where placement of a Skip Bin/s on a footpath or road is required or requested by you and a permit is required by the relevant council, the permit must be presented to the driver prior to placement of the Skip Bin on a footpath or road. Obtaining any such permit is your responsibility.
Termination of Agreement
a. You cannot cancel, terminate or suspend this agreement without our written consent, which will not be unreasonably withheld.
b. In the event this agreement is cancelled, terminated or suspended, we will render a charge to you for the work done, material provided or committed expenditure under the agreement up to the date of cancellation, termination or suspension.
No Reliance
a. You acknowledge and agree that you have not relied on any prior representation or promises made by us, except as documented in writing by us.
Damage and Relocation of Skip Bins
a. You shall indemnify us from any loss or damage to our Skip Bins caused by you (your representatives, employee, agent or anyone else) whilst in your possession.
b. You (your representatives, employee, agent or anyone else) shall not remove, deface or cover up identifying marks nor shall you cause to move the Skip Bins from the initial location without our prior approval.
c. You shall indemnify us from damage caused to truck tyres should you (your representatives, employee, agent or anyone else) instruct our driver, when delivering or collecting the Skip Bin, to drive over objects that may reasonably be considered to have contributed to such damage.
d. Wet concrete cannot be placed in Skip Bins unless a suitable liner is first put in place.
e. Burning rubbish in Bins is not permitted. You shall indemnify us from any costs involved in the cleaning or repair of Skip Bins affected in this way.
Unforeseeable Circumstances
a. We will not be liable or responsible for any delay or failure of performance occasioned by strikes, riots, fire, insurrection, embargoes, failure of carriers, inability to obtain materials or transportation facilities, acts of God or of the public enemy, government tariffs and quotas, compliance with any law, regulation or other governmental or court order whether or not valid, or other causes beyond our control, irrespective of whether the cause could be alleviated by the payment of money, or the performance is prevented or delayed because of a failure of our machinery or our supplier.
No Waiver
a. No failure or delay by us in exercising any right, power or privilege to which we are entitled shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise.
b. These terms and conditions, including any obligations or acknowledgements, may only be waived or modified as agreed between us and documented in writing.
Liability
a. Nothing in these terms and conditions excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Australian Consumer Law which cannot lawfully be excluded, restricted or modified.
b. Subject to clause a, and to the maximum extent permitted by law, we do not accept any liability for any claim for loss or damage made by you (or someone claiming through you), whether for breach of contract, tort (including negligence), under statute, in equity, at common law or otherwise, including damage to property.
Severance
a. In the event of any part of these terms and conditions becoming void or unenforceable, then that part shall be severed from the agreement and the remaining terms and provisions of the agreement will remain in full force and effect.
Applicable Law
a. The Hire Contract shall be governed by and construed in accordance with the laws of the state of Queensland, Australia.
b. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and any court which may hear appeals from a court of Queensland.
Survival
a. These terms and conditions survive the termination or expiration of the agreement.