Terms and Conditions for the use of www.NeedaSkipNow.com.au website and Services
The following terms and conditions apply to all users of the http://www.needaskipnow.com.au website and to all purchases of goods and services from www.needaskipnow.com.au
You agree and acknowledge by accepting the quote from Need a Skip Now and booking a bin that you agree to the following terms and conditions which form part of a legally binding agreement between Need a Skip Now the registered office of which is situated at 152 Chapel St St Kilda, Vic 3182 trading as “Need a Skip Now” and you the Customer who has accepted the quote provided by Need a Skip Now (“the Agreement”).
- Skip bin Hire:
- 1.1 Need a Skip Now will provide the Skip and Skip Services to You for the removal of Waste at and from the address and in consideration for the Fees.
- 1.2 Use Of Skip Bins when bins in your possession you agree not to:
- Allow Light Fires in the Bin; or
- Place or allow to remain in the bin any non-complying waste, including but not limited to any liquid waste, any waste that maybe explosive, toxic, dangerous, hazardous, noxious, acids, solvents, minerals, greases, oils, liquid concrete or asbestos (“non-complying waste”); or
- fill or allow any bin higher than the top of its sides and in such a manner as to prevent spillage of material from the refuse bin either while stationary or in transit;
- Move any bin or use the bin for any other purpose than for placement of waste.
- 1.3 You agree to be liable to Need a Skip Now for any damage to skip bins which occurs while in your possession, subject to fair wear and tear.
- 1.4 You agree to have the bin ready for collection with clear access available to the driver in order to collect the bin on the pick up date, as per your order or such other time as further agreed either verbally or via email as the collection date.
- 1.5 You will be responsible for the provision of free and suitable access to the delivery site including the removal and reinstatement of any obstructions and ensuring that suitable ground conditions for the delivery, placement and removal of the bin. No responsibility will be taken by Need A Skip Now for any damage to any surface and you are required to take all steps necessary to protect such surfaces before delivery.
- 1.6 Need a Skip Now may refuse to enter on to the site if in its sole and absolute discretion the site is not acceptable from a safety perspective.
- 1.7 If you require an extension of the collection date you must give Need a Skip Now one (1) business day’s notice of such extension and you agree to pay any additional fees charged by Need a Skip Now including any requirement for the extension of any permits
- 1.8 If you are in default of this Agreement Need a Skip Now may immediately collect its bin without prior notice to you and deposit any waste in the bin on the site. It will be your responsibility to then have the waste removed and you agree to indemnify and hold Need a Skip Now harmless from any claims, penalties, fees or charges that a third party may make of whatsoever nature and howsoever arising in relation to such collection of the bin and depositing of the waste on the site.
- 1.9 Any damage, loss, penalties or fines incurred by Need a Skip Now in relation to the bin hire to you due to your or your employees, agents or contractors acts, omissions or negligence shall be your responsibility on a full indemnity basis and will be paid within seven (7) days of the date of invoice from Need a Skip Now.
- 1.10 Upon the driver loading the bin on to the Truck the contents of the bin shall vest in Need a Skip Now subject to you complying with this Agreement (included but not limited to not placing non complying waste in the bin) and you agree and acknowledge that you will have no claim to the waste from that time onwards.
- 1.10 You agree and acknowledge that the bin provided to you may be able to take excess rubbish due to its size but the quoted amount will be what you have been charged. If you fill the bin beyond the quoted amount then you will be charged for the extra waste placed in the bin. For the avoidance of doubt and by way of example if you have been quoted for 4 cubic metres and are provided with a 6 cubic metre bin and proceed to fill the bin with waste up to 6 cubic metres you will then be charged for 6 cubic metres of waste and not 4 cubic metres of waste.
- 2.1 You agree pay to Need a Skip Now the Fees payable upon Your acceptance of the Quote, and You further irrevocably and unconditionally authorise Need a Skip Now to charge Your Credit Card for those Fees and any Additional Fees which may subsequently become payable in accordance with the Quote and this Agreement. Or upon delivery of the bin to the job address by cash or Your Credit Card
- 2.2 You acknowledge that there may be additional fees charged by Need a Skip Now such as but not limited to permit costs, overloading charges,
waiting time charges, return and collection charges and interest on overdue accounts. You agree to pay such additional fees within:
- immediately if you have paid by credit card as you have irrevocably authorised Need A Skip Now to charge any additional fees as a separate transaction on your card; or
- within seven (7) days of the date of invoice if you are paying by cash or Credit Card
- 2.3 Prices include goods and services tax ("GST "). All prices are stated in Australian dollars. All prices include the cost of delivery and removal of bins. Prices quoted are based on the information which you submit to the website, and Need A Skip Now reserves the right to vary prices if that information is incorrect.
- 2.4 In the event that access is not given to the driver to collect the bin in accordance with this Agreement or if the bin is NOT ready for collection and we have not been advised one business day in advance and the driver is required to attend at a later time an extra fee charged at the hourly rate of $90.00 plus GST will be payable to Need a Skip Now.
- You may cancel a bin hire by providing no less than one (1) business day’s notice to Need a Skip Now prior to the delivery date as specified on the quote on the condition that you will pay a cancellation fee equivalent to 30% of the bin hire to Need a Skip Now immediately.
- 4.1 Need a Skip Now warrants the Skip Services will be provided to You with due care and skill in a competent and workmanlike manner and according to generally applicable industry standards.
- 4.2 To the extent permitted by Law, all other expressed or implied warranties, representations, terms and conditions other than those expressly contained in this Terms and Conditions are expressly excluded from this Agreement
- 5.1 Despite any other provision herein, Need a Skip Now total liability to You or any third party concerning any Claims made by You or any third party (including Claims in negligence) relating to the performance or non-performance of the Skip Services or this Agreement, will not exceed the Fees actually paid by You to Need a Skip Now under the relevant Accepted Quote.
- 5.2 Need a Skip Now will not be liable for any loss of profit, savings or revenue or interest or any other consequential, indirect, incidental, special or punitive loss, damage or expenses even if Need a Skip Now has been advised of their possible existence and even if such loss, damage or expense is caused by the negligence of Need a Skip Now or its Associates.
- 5.3 Nothing in this Agreement will operate to exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any liability of Need a Skip Now for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.
- 5.4 Where Law implies a condition or warranty to an Accepted Quote, which has not or cannot be excluded, Need a Skip Now liability for the breach of that condition or warranty is limited, at Need a Skip Now entire discretion to:
- the re-supply of the bin hire service to you; or
- payment of the cost of having the Skip bin hire Services re - supplied again to you
- Liability: Whilst reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Need a Skip Now nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
- Copyright and Limited Reproduction Notices: The content of the website (“website material ”) is the copyright of Need a Skip Now. No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the website may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, any website material solely for your own use.
- Linking: The website may include links to third party materials (“linked sites ”). Need a Skip Now will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply Need a Skip Now endorsement of the site or any association with their operators. Need a Skip Now reserves the right to prohibit links to the website and you agree to remove or cease any link at Need a Skip Now request. You may not frame any part of the material contained in this website by including advertising or other revenue generating material.
- Advertisers: Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party. Need a Skip Now is not responsible or liable for any part of any such dealings or promotions.
Privacy: You authorise Need a Skip Now to collect, retain and use personal information about you for the purposes of:
- assessing your creditworthiness
- processing payment for any services which you purchase from any party using the website;
- provision of information to suppliers to enable performance under an approved purchase order and
- any other use that you authorise. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the:
- Privacy Act 1988 (Commonwealth), you may request access to or correction of your personal information held by Need a Skip Now subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.