Terms and conditions

Terms and Conditions-

 

Important Information

Easybinhire.com.au provides You with access to the Website subject to these terms and conditions and our Privacy Policy. By using, browsing or otherwise accessing the Website, You agree to be bound by these Terms and our Privacy Policy. If You do not agree with these Terms and our Privacy Policy, You should cease accessing and using the Website.

We reserve the right to change these Terms, by publishing new terms on the Website. The amended Terms will take immediate effect.

 

Use of Website

 

1. Intellectual property and ownership of content.

Unless indicated otherwise all content and material in any format on the Website and all intellectual property in the Website is owned or licensed by us. You agree that You will not infringe on our intellectual property as contained in this Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or rights.

 

We grant You permission to download our copyright material only for private and non commercial purposes or for purposes necessary for You to access our services.

 

All rights not expressly granted are expressly reserved to the maximum extent permitted by law.

2. Third Parties

This Website may contain links to third parties. We do not control and are not responsible for Third Party Content and You bear all risks associated with Your access to and use of Third Party Content. Any Third Party content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any warranty of any kind. We are not responsible for and under no obligation to control, monitor or correct Third Party Content.We do not endorse and make no express or implied representations concerning Third Party Content.

3. Liability 

You agree that, to the extent permitted by law, we and our related entities, directors, officers and agents are not liable to You or anyone else for any loss or damage( including any direct, indirect, special or consequential loss) in tort ( including negligence) or otherwise arising out of, or in connection with the use of the Website, Your reliance on anything contained in or omitted from the Website, being unable to access the Website for any reason( including negligence) or the failure of the Website for any reason.

4. Disclaimer

The Website provides information available to You as a service. We make no representations and give no warranties in respect of the Website information including that such information is reliable, accurate, suitable for Your purposes, or without errors, omissions or viruses. The use of the Website material and content is at Your own risk. Easybinhire.com.au excludes all liability and responsibility for any such material as permitted by the extent of the law.

5. Privacy

Our Privacy Policy is incorporated into these Terms.

6. Australian Consumer Law

If You constitute a consumer under the Australian Consumer Law while using the Website, nothing in these Terms is intended to remove Your rights under the Australian Consumer Law, including statutory guarantees that may apply to the Website. If we are entitled to limit the remedies available to You for each breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.

 

7. Governing Law

These Terms are governed by the laws of Victoria, Australia.

 

Services

 

1. Act as an Agent

Easybinhire.com.au acts as an agent for the Suppliers that are listed on the Website.The Suppliers have authorised Easy Bin Hire to enter into binding contracts for the supply and services on their behalf and to collect payments on their behalf.

 

2. Website Operation

The Website operates on providing a quote upon submission of certain information regarding the requirements of Your hire. Upon the submission of this information the Website will search and present the best priced Skip Bin hire that matches Your requirements.

 

3. Contract

You authorise Easybinhire.com.au to enter into a contract as its agent, with the Supplier upon these Terms and Conditions when You accept the quoted services by the submission of payment for the quoted services.

By entering into this Agreement, the Customer acknowledges that the Customer when contracted with a Supplier appointed by Easybinhire,com.au will have a direct contractual relationship with such Supplier upon these Supplier Terms and Conditions and the accepted Quoted Terms and accordingly Easybinhire.com.au shall not be liable for the performance of such contract by the Supplier nor for any act or omission by the Supplier.

 

4. Force Majeure

The Supplier and Easybinhire.com.au shall not be liable for any failure or delay in complying with any obligation imposed under these Terms if the failure or delay arises directly, or indirectly from any fact or circumstance beyond the control of the Supplier, including without limitation  fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, acts of terrorism, acts of God, embargo, changes in law, delays or disruption by goverment or government agencies.

5. Changes to Terms and Conditions

These Terms are subject to change without notice, and by continuing to access the Website, You are agreeing to be bound by the amended Terms.

6. Waiver

If at any time Easybinhire.com.au or its Parent Company does not enforce any of these Terms or grant You time or another indulgence, Easybinhire.com.au will  not be  construed to have waived its rights or Term under these Terms or its rights to later enforce that Term or these Terms.

7. Severability

 In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

 

Customer Obligations

1. Fees

The price of the services is that which is stated on the Website at the time of acceptance of Your booking, unless otherwise expressly written by Easybinhire.com.au. All prices are inclusive of any Goods and Services Tax (‘GST’) and are written in Australian Dollars. Prices quoted are based on the information that You provide on the Website and Easybinhire.com.au reserves the right to vary the prices on the Website if the information is incorrect. All prices quoted include the delivery and removal of the Skip Bin.

 

2. Additional Charges

The Customer will be liable for any additional charges in relation to the provision of service by the Supplier.

Additional charges will apply for the following and are payable directly to the Supplier:

1. Excess weight charges, where the weight of the Skip Bin is in excess of the allowable weight limit quoted at the time of booking.
2. Hazardous Waste Materials, charges will apply in the event of hazardous materials being found in a Skip Bin. The Customer will be liable for all associated costs incurred by the Supplier for the safe removal and disposal of any hazardous Materials or any other charges as per claus 6(m).
3. Incorrect Waste Types, where waste types not specified in the booking have been placed in the Skip Bin, the Customer will be liable for any extra charges.
4. Restricted Delivery/ Collection Fees, if the Supplier is unable to deliver/ collect the Skip Bin due to restricted, blocked or otherwise impeded access, the Customer will be liable for these fees as set by the Supplier.
5. Overload charges, where the Customer has placed refuse materials above the allowable height of the Skip Bin, the Customer will be liable for these fees as set by the Supplier

 

3. Payment

The Customer shall pay the quoted fees at the time of submitting and processing the order.

The Customer shall pay any Additional Charges to the Supplier before the bin is removed from the Site Address. The Customer irrevocably and unconditionally authorises Easybinhire.com.au and its Parent Company to charge it’s credit card or debit card for the booking amount at the time of submitting the order on the Website.

Easybinhire.com.au will send the Customer a Tax Invoice for the booking fees in accordance with the GST Legislation.

 

4. Refunds

Our Refund Policy is incorporated into these Terms.

 

5. Delivery

The Supplier will endeavour to deliver the ordered services on the agreed delivery date but Easybinhire.com.au or the Supplier will not be liable for any failure or delay in delivery except as provided for in our Refund Policy . Late delivery does not entitle You to cancel any part order or order.

6. Restrictions on use of Skip Bin

The Customer is responsible for the Skip Bin or Refuse Container whilst in the care, custody  and control of the Customer. The Customer shall not:

1. Place or allow to be placed, whether directly or indirectly into the Skip Bin any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete;
2. Light any fire, burn or allow the burning of materials in the Skip Bin;
3. Excessively fill the skip in whereby the waste protrudes from the Skip Bin or refuse container, or does not fully fit within the confines of the Skip Bin;
4. Relocate, move or otherwise allow the Skip Bin to be moved or relocated from the place where the Supplier deposited the Skip Bin, without the otherwise expressly authorised written permission from the Supplier;
5. Use the Skip Bin for any illegal purpose which contravenes this Agreement or any law

 

7. Customer responsibility

The Customer acknowledges and agrees that;

1. The Customer will use the supplied Skip Bin in a reasonable and sensible manner;
2. The Customer will bear responsibility and liability for any loss, damage , destruction of the Skip Bin whilst the Skip Bin is under the care, custody and control of the Customer;
3. The Customer will render the Skip Bin to the Supplier on the Collection date in the same state and condition as when the Skip Bin was delivered to the Customer;
4. The Customer will make the Skip Bin ready and available for collection by the Supplier on the Collection Date, or until it is Collected;
5. The legal title of the Skip Bin does not pass or vest in the Customer at any time;
6. No interest whatsoever is created or conferred in the delivered Skip Bin to the Customer
7. The Customer shall not encumber or charge the Skip Bin in any way whatsoever;
8. The Customer will only use the Skip Bin for the depositing of Specified Waste materials;
9. The Customer will 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;
10. Without limiting the indemnities under these Terms to assume all liability and responsibility for the delivered Skip Bin including liability for trespass to land, private or public 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;
11. The Customer will assume responsibility and liability for all material deposited and placed on the Skip Bin by any person whatsoever including persons not authorised by the Customer;
12. Easybinhire.com.au and its Parent Company 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;
13. The Customer will retain the title of the contents of the Skip Bin where the Skip Bin contains prohibited or Hazardous Materials until and if the Supplier properly disposes of such contents;
    1. The Supplier 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 a time as the Supplier is able to collect the Skip Bin in an empty and clean state.

 

8. Cancellation or variation of order

The Customer is entitled to cancel an order in accordance with our Refund Policy.

The Customer can vary an order provided that the Supplier receives notice of variation no less than 2 working days prior to the delivery date. Any variation to Your order will be granted at the Suppliers sole discretion and may be subject to payment of reasonable costs. Easybinhire.com.au reserves the right to cancel or vary any order if the Supplier is no longer able to provide the services set out in the purchase order, provided that Easybinhire will notify the Customer first, and will endeavour to procure a suitable alternative to fulfil Your requirements.

 

9. Risks

The Customer will be liable for any damage or loss to the Skip Bin whilst the bin is in Your possession, care and control, subject to fair wear and tear.

 

10. Site Access and Conditions

The Customer will be responsible for the provision of suitable access to and from the delivery site ,free of any encumbrances( including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the delivery, placement and removal of the Skip Bin. No responsibility will be accepted by Easybinire.com.au or the Supplier for the damage to any surface in the delivery and collection of a Skip Bin or other refuse container and You should take steps to protect surfaces ( eg concrete, driveways, soft grounds) before delivery.

 

11. Assignability

This Agreement shall not be assigned by the Customer without the written consent of Easybinhire.com.au or its Parent Company.

 

12. Indemnities

The Customer shall be responsible for and shall indemnify Easybinhire.com.au, and its Parent Company against liability for all loss, damage or injury to Easybinhire.com.au 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 the Supplier) by the Customer, Customer’s employees, the Customer’s subcontractors, the Customer’s agents or unauthorised third parties.

 

13. Compliance with laws and regulations

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, Bylaws, 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 the Supplier and Easybinhire.com.au from and against all actions, costs, charges, claims and demands in respect thereof.

14. Implied Statutory Terms & Limitation of losses

To the extent permissible by law the operation of any implied or statutory terms or terms are hereby excluded. Where the Skip Bin services, if any, provided by the Supplier under these Terms are not of a kind ordinarily acquired for personal,domestic or household use or consumption then in the event the Supplier is in breach of these Terms, or is liable for loss or damage, the Supplier shall not be liable for any consequential loss including economic loss and the liability of the Supplier to the Customer shall be limited to as the Supplier may decide:

1. The supplying of the Service again;
2. The supplying of equivalent goods or services; or
3. The payment of the cost of having such services supplied again.

 

15. Proper Law of Contract

This Agreement is governed by the Law in the State of Victoria. 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.

 

Supplier Obligations

1. Supply Service

The Supplier shall supply and deliver the Skip Bin as specified in the booking , to the Site Address on the Delivery Date and collect the Skip Bin on the Specified Collection Date. Should the Supplier not be able to deliver the Specified Skip Bin or  experiences unforeseen delays  to delivery or collection of the Specified Skip Bin , shall notify the Customer immediately.

 

2. Fees and Charges

The Customer shall pay the price to Easybinhire.com.au who is the agent of the Supplier in consideration of the agreed services to be provided by the Supplier to the Customer and pursuant to the Terms of this Agreement. The fees and charges shall be inclusive of  GST. The Customer acknowledges that in addition to the Price that is shall pay to the Supplier the Additional Charges should the Customer incur such charges in accordance with these Terms.

 

 

 Definitions

“Additional Charges” are the charges in excess of the booking hire, referred to in clause 3.2.

“Additional Weight Charges” are charges payable where the weight of refuse or material placed in the delivered Skip Bin exceeds the allowed weight for such Specified Skip Bin.

“Booking Fee” means a booking fee in the amount of $4.00 or such other amount as Easybinhire.com.au  applies to the booking of a service and may change from time to time.

“Business Day” means a day which is not a Saturday, Sunday or public holiday in Victoria.

“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 specified in the booking  to be the date for delivery of the Skip Bin by the Supplier or the date of delivery of the Skip Bin as mutually agreed, whichever is the later to occur.

“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.

“ Fees” means the fees prescribed on the Website at the time of entering into this Agreement or otherwise quoted by Skip Bins Online 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

“Overload 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.

 

“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 the Supplier 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 the Supplier upon seeing the Site Address, 

“Site Address” means the address location for delivery of the Skip Bin as agreed between the parties.

“Skip Bin” means a skip 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 Skip Bin” means a type and size of the Skip Bin as agreed between the parties.

“Specified Waste Materials” means the Waste Type but excludes Prohibited Materials.

“Supplier” means the Supplier which has been selected by the software to provide the booked services.

“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 Web Site for each type of Waste Type.

“Website” means the website of Easy Bin Hire with web address www.easybinhire.com.au