Terms and Conditions

1.PARTIES

  • The Supplier is defined as Tesler Corporation Pty. Ltd. trading as Need A Skip Now (ACN: 152 053 917)
  • Any reference to “the Customer includes any person engaging the Supplier on behalf of and with the authority of the person or entity that the Order is provided for.

2.DEFINITIONS

  • 2.1. The Order is defined as any request for the provision of Services and Hire Bin by the Customer to the Supplier which has been accepted by the Supplier.
  • 2.2. The Hire Bin is the skip bin provided by the Supplier to the Customer on hire terms.
  • 2.3.The Services is the delivery and collection of the Hire Bin to and from the Customer at the commencement and end of the hire period and the tipping of the contents of the Hire Bin.
  • 2.4.The Premises is the land or land and buildings where the Hire Bin will be placed at the request of the Customer.
  • 2.5.Reference to loss and damage includes indirect, reliance, special or consequential loss and/or damage including i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
  • 2.6.Major failure is as defined under the Competition and Consumer Act 2010 (Cth).
  • 2.7.GST refers to goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • 2.8.The terms “security agreement”, “security interest”, “PPS lease”, “purchase money security interest”, “collateral”, “financing statement”, “financing change statement” are as defined in the Personal Property Securities Act 2009 (Cth).

3.GENERAL

  • 3.1.These terms and conditions together with the Supplier’s quotation or fee hire schedule, credit application form and the Customer’s written order document (if any) constitutes the agreement between the Supplier and the Customer (“the agreement”).
  • 3.2.Any Order is deemed to incorporate these terms and conditions; which 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.The terms and conditions are binding on the Customer, and the Customer’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
  • 3.4.In these terms and conditions, the singular shall include the plural, the neuter gender shall include the masculine and feminine and words importing persons shall apply to corporations and vice versa.
  • 3.5.Where more than one Customer completes this agreement each shall be liable jointly and severally.
  • 3.6.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.
  • 3.7.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 in accordance with the terms herein.
  • 3.8.The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
  • 3.9.The Customer acknowledges that the Supplier may detail these terms and conditions on its website. 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.QUOTATIONS AND PLACEMENT OF ORDERS

  • 4.1.Any quotation for the supply of Hire Bin and Services given by the Supplier will expire after thirty (30) days.
  • 4.2.The Supplier does not represent that it will provide any Hire Bin and Services unless it is included in the quotation or the Order.
  • 4.3.A request for Hire Bin and Services may be placed by the Customer with the Supplier either verbally or in writing or online through the Supplier’s website however the Supplier may require the Customer to provide a written order document prior to providing any Hire Bin and Services.
  • 4.4.All prices quoted or advertised by the Supplier are based on prices, taxes, council permit fees, hire bin and services and statutory charges current at that time. Should these vary during the date of the quotation or Order 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.PRICE

  • 5.1.GST will be charged on the Hire Bin and Services provided by the Supplier that attracts GST at the applicable rate.
  • 5.2.A merchant fee may be charged on all orders.
  • 5.3.At the Supplier’s sole discretion the Price shall be:
    • 5.3.1.The Supplier’s quoted Price for the Order;
    • 5.3.2.As advertised on the Supplier’s website;
    • 5.3.3.As detailed on invoices provided by the Supplier to the Customer in respect of Hire Bin and Services supplied.

6.PROVISION OF THE HIRE BIN AND SERVICES
Hire Terms

  • 6.1.The provision of the Hire Bin 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.The Supplier reserves its right to:
    • 6.2.1.Decline requests for the supply of any Hire Bin and Services requested by the Customer;
    • 6.2.2Cancel or postpone the supply of the Hire Bin and Services at its 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 Services having regard to time taken to transport the Hire Bin and tipping.
  • 6.5.The Supplier may, on request from the Customer acquiesce to extend or vary any of the Hire Terms specified in the Order, provided the request is made not less than twenty four (24) hours prior to the time the Hire Bin is due to be collected. 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 or associated Services and/or additional tipping provided by the Supplier; however the Customer acknowledges and accepts that the Supplier’s quoted daily rate for hire of the Hire Bin and any additional council permit fees 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 will be liable to pay the Supplier’s quoted daily rate for the hire of the Hire Bin until such time as the Hire Bin is returned to the Supplier or made available for collection by the Supplier at the Premises.
  • 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 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.
  • 6.14.The Customer shall ensure that the Hire Bin is able to fit on the Premises. If the Hire Bin does not fit on the Customer’s Premises, a council permit will be required. In this event, the Customer acknowledges that they will be liable for any council permit fees.
  • 6.15.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.
  • 6.16.Customer’s quotation will specify the capacity of the Hire Bin to be provided by the Supplier to the Customer. If the Hire Bin’s capacity is exceeded, the Customer will be liable for additional tipping services at the rate of $80.00 per cubic metre.

7.RELEVANT HIRE RULES

  • 7.1 The following comprise the Hire Bin Rules to which the Customer must adhere 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 from the Premises;
    • 7.1.3.Any liquids to be placed in the Hire Bin, including but not limited to liquid concrete;
    • 7.1.4.Harmful, unsanitary, toxic, dangerous explosive, hazardous or noxious materials to be placed in the Hire Bin, including but not limited to asbestos, acids, solvents, greases, oils, minerals, faecal matter, liquid paints, 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.

8.PAYMENT AND CREDIT POLICY

  • 8.1.Non-Account Customers must make full payment of the Price to the Supplier prior to the commencement of the hire period unless otherwise specified or agreed between the parties in writing.
  • 8.2.Credit
  • 8.3.Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed credit application form.
  • 8.4.On the acceptance by the Supplier of a completed credit application form, Account Customers must make full payment of the Price to the Supplier within thirty (30) days from the last day of the month in which the Supplier’s invoice for the Hire Bin and Services was issued, unless otherwise specified in the credit application form or agreed between the parties in writing.
  • 8.5.Any credit, or credit limit granted by the Supplier may be revised by the Supplier at any time and at its discretion.
  • 8.6.The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these terms and 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.
  • 8.7.The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
  • Account Customer’s Privacy
  • 8.8.The Customer agrees:
  • 8.8.1For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
  • 8.8.2.That the Supplier may exchange information about the Customer 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.
  • 8.8.3.The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

9.DEFAULT

  • 9.1.In this clause the “default date” is:
  • 9.1.1.The day after the date the hire period in the Order of the Non-Account Customer ended; or
  • 9.1.2.The day after the date by which payment of the Supplier’s invoice(s) was due to be made by the Account Customer to the Supplier.
  • 9.2.In this clause the “outstanding balance” is:
  • 9.2.1.The Price of the Order, less any payments made by the Non-Account Customer prior to the default date; or
  • 9.2.2.The sum of the Supplier’s invoices to the Account Customer less any payments made by the Account Customer prior to the default date.
  • 9.3.The Customer will be liable for a dishonoured cheque fee of $40.00 for each cheque issued by the Customer and rejected by the Supplier’s bank.
  • 9.4.If the Supplier does not receive the outstanding balance by the default date the Customer will be liable for:
  • 9.5.. Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis;
  • 9.6.An account keeping fee of $15.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
  • 9.7.Any debt collection or recovery costs incurred by the Supplier; and if the Supplier’s debt collection agency (“the agency”) charges commission on a contingency basis then the Customer shall pay as a liquidated debt the commission payable by the Supplier to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery and the following formula shall apply:
  • (n.b. in the event where the agency is Prushka Fast Debt Recovery the applicable commission rate for the amount unpaid is as detailed on www.prushka.com.au).
  • 9.8.Any charges reasonably made or claimed by the Supplier’s or the agency’s lawyer for legal costs on the indemnity basis.)

10.RISK AND LIABILITY

  • 10.1.The Customer will ensure that there is sufficient and accurate information to enable the Supplier to execute the Order, including any special requirements pertaining to the Hire Bin.
  • 10.2.The Supplier takes no responsibility and will not be liable for any loss and damage or costs as a consequence of insufficient or inaccurate information provided by the Customer.
  • 10.3.The Customer accepts all risk in relation to the Hire Bin and shall take all reasonable and proper care of the Hire Bin and act in accordance with the Hire Rules whilst in its possession, care, control or at the Premises and will indemnify and continue to indemnify the Supplier against any loss of and damage to the Hire Bin; including for loss of use of the Hire Bin at the Supplier’s prevailing rate.
  • 10.4.The Supplier shall be entitled to maintain an action against the Customer for the full retail replacement price of any Hire Bin which is damaged, altered or removed whilst in the Customer’s custody, care or storage as a liquidated demand.
  • 10.5.The Customer indemnifies the Supplier in respect of any fine levied against the Supplier or fee imposed for securing the release of any Hire Bin impounded as a result of the Customer’s failure to comply with council or local authority rules or failure to obtain a permit.
  • 10.6.The Supplier takes no responsibility for representations made in relation to the Hire Bin by any third party or any delay in the delivery of the Hire Bin by a third party carrier nominated by the Customer.
  • 10.7.The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from any loss and damage incurred as a result of any delay, or failure to provide the Hire Bin and Services or to observe any of these terms and conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control.
  • 10.8.Subject to the Supplier’s warranty the Supplier’s liability for any loss and damage associated with, arising from or in connection with the supply of the Hire Bin and Services may not exceed the Price of the Order, including but not limited to personal injury and damage to property.
  • 10.9.The Customer shall indemnify, and keep indemnified the Supplier for any and all claims of a third party for loss and damage for personal injury or damage sustained to property caused by, in connection with or arising out of the use or misuse of the Hire Bin and in respect of all legal costs and charges incurred by the Supplier in connection therewith on an indemnity basis.

11.WARRANTY

  • 11.1.Supplier warrants that the Customer’s rights and remedies in the agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law.
  • 11.2.The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time.
  • Warranty for Hire Bin and Services
  • 11.3.Provided that the Customer reports any defect in any Hire Bin and Services supplied, preferably within fourteen (14) days from the date that the defect became apparent, the Supplier will rectify the defect within a reasonable period of time by:
    • 11.3.1.Repairing or replacing the defective Hire Bin; or
    • 11.3.2.The refund of the Price paid by the Customer in respect the defective Hire Bin.
  • 11.4.In respect of all claims under warranty, the Supplier reserves it right to inspect Hire Bin alleged to be defective.
  • 11.5.The Customer warrants that it will use its best endeavours to assist the Supplier with identifying the nature of the defective Service claim.
  • Claims made under Warranty
  • 11.6.Claims for warranty should be made in one of the following ways:
    • 11.6.1.The Customer must send the claim in writing to the Supplier’s address PO BOX 178, Southland Centre VIC 3192.
    • 11.6.2.The Customer must email the claim to the Supplier to admin@needaskipnow.com.au.
    • 11.6.3.The Customer must contact the Supplier on the Supplier’s business number 1300 605 624.

12.TERMINATION AND CANCELLATION

  • Cancellation by Supplier
  • 12.1.The Supplier may cancel any Order to which these terms and conditions apply at any time before payment of the Price in full is made by the Customer by giving notice. On giving such notice the Supplier shall repay to the Customer any deposit or sum advanced in respect of the Price. The Supplier shall not be liable for any loss and damage whatsoever arising from such cancellation.
  • 12.2.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:
    • 12.2.1.Any money payable to the Supplier becomes overdue for payment; or
    • 12.2.2.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
    • 12.2.3.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
  • 12.3.The Customer may cancel any Order by providing notice to the Supplier. In the event that the Customer cancels the Order, the Customer shall be liable for a cancellation fee and permit fees. At the discretion of the Supplier, the cancellation fee will be calculated as follows:
  • 12.4.If more than 48 hours’ notice, no cancellation fee will be charged.
    • 12.4.1.If not less than 48 hours’ notice and more than 24 hours’ notice, thirty percent (30%) of the Price will be charged.
    • 12.4.2.If not less than 24 hours’ notice and up to the due date of delivery of the bin, fifty percent (50%) of the Price will be charged.
    • 12.4.3.Notice provided on or after the due date for delivery of the bin, eighty percent (80%) of the Price will be charged.
  • 12.5.The Supplier may retain any deposit or other sum paid by the Customer in respect of the Price of the Order and offset such sum or deposit in satisfaction or partial satisfaction of any loss and damage suffered by the Supplier as a result of the Customer’s late cancellation of the Order.

13.PROVISION OF THE HIRE BIN AND SERVICES

  • 13.1.This agreement is a security agreement for the purposes of the PPSA, which has the effect of creating a security interest in favour of the Supplier over the Hire Bin.
  • 13.2.If the hire term exceeds or could exceed (if renewed) one year then the security agreement is deemed to be a PPS lease, and the security interest acquired by the Supplier is a purchase money security interest (“PMSI”) over the Hire Bin.
  • 13.3.The security interest will continue to apply as an interest in the collateral for the purposes of PPSA with priority over all subsequently registered or unregistered security interests.
  • 13.4.The Supplier may register the security interest on the Personal Property Securities Register (“PPSR”) under the PPSA without providing further notice to the Customer.
  • 13.5.The Customer agrees the Supplier is not required to disclose information pertaining to the Supplier’s security interest to an interested party unless required to do pursuant to PPSA or under the general law.
  • 13.6.The Customer agrees and undertakes:
  • 13.7.To sign any documents and/or provide further information reasonably required by the Supplier to register a financing statement or a financing change statement on the PPSR;
  • 13.8.To indemnify the Supplier for all expenses and/or costs incurred by the Supplier in registering a financing statement or a financing change statement on the PPSR including the costs of amending, maintaining, releasing and enforcing any security interests in the Hire Bin;
  • 13.9.Not to register and/or make a demand to alter a financing statement without prior written consent of the Supplier;
  • 13.10.To provide the Supplier with seven (7) days written notice of any change or proposed change to the Customer’s business name, address, contact details or other changes in the Customer’s details registered on the PPSR;
  • 13.11.To waive any rights of enforcement under section 115 of the PPSA for collateral not used predominantly for personal, domestic or household purposes;
  • 13.12.To waive any rights to receive verification statement in respect of any financial statement or financing change statement under section 157 of the PPSA.

14.ENITIRE AGREEMENT

  • 14.1.The agreement as defined herein constitutes the whole agreement between the Customer and the Supplier.
  • 14.2.The agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria, Australia.
  • 14.3.All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by it or on its behalf that are in conflict with any clauses in this document in any way.
  • 14.4.Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.