Terms and Conditions
1.1 Application of these Terms and Conditions
Please take the time to read these Terms and Conditions carefully. By placing an order for any Services with the Supplier, you are acknowledging your understanding acceptance of the Terms and Conditions as set out hereunder. For the purposes of this contract, "Supplier" is Aussie Skip Bags and the "Purchaser" is the party and/or parties in posession of an Aussie Skip Bag. The term "Bags" mean Aussie Skip Bag/s and "Services" are services provided by the Supplier or the Supplier's nominated Third Party Subcontractor's for any Waste Removal, or Removal of Bag's.
2. BAG DELIVERY
2.1 Bags – Delivery of the Bags shall be made to the Purchaser's nominated address. The Purchaser shall make all arrangements necessary to take delivery of the Bag/s whenever delivered. The Supplier shall not be liable for anyloss or damage whatsoever due to the failure by the Supplier to deliver the Bags (or any part of them) promptly or at all.
3. WASTE REMOVAL
3.1 The Supplier reserves the right to use Third Party Subcontractor's to fulfill the Purchaser's Waste Removal Services.
3.2 (a) No regulated waste types, including but not limited to tyres, asbestos or liquids are to be placed in the Bags.
3.2 (b) Removal of regulated waste types as specified in 10.2 or any other toxic materials is not a service provided by the Supplier. The Purchaser shall indemnify the Supplier from any costs, expenses or losses incurred should the Purchaser not comply with clause 10.2 (a)
3.3 If the Purchaser needs to place solid materials including but not limited to soils, clay, rocks, stones, concrete and masonry in 1, 2 and 3 metre Bags, filling of these materials should not exceed 25 (twenty-five) percent of the Bag. If for any reason the Purchaser is unsure the Purchaser should contact the Supplier to ensure that the safe working capacity of the Bag is not exceeded.
3.4 Over filled Bags may require sorting and/or unloading to ensure they comply with transport requirements. Any action will be at the sole discretion of the Supplier's driver and may incur a fee.
3.5 (a) The Purchaser shall make all reasonable attempts to ensure the Bag is easily Accessable for Removal.
3.5 (b) An additional charge may be incurred when clear and/or safe access is not available to the Supplier's driver when removing Bags, resulting in the Supplier's driver needing to wait until the access problem is rectified.
3.6 The Purchaser shall indemnify the Supplier from any damage to property caused in the execution of the removal of Bags when clear access has not been made available by the Purchaser.
3.7 The Purchaser shall indemnify the Supplier from damage caused to truck tyres should the Purchaser or their representative instruct the Supplier's driver to drive over objects that may reasonably be considered to have contributed to such damage.
4.1 Time for Payment – The Purchaser will be required to pay for the Bag/s before delivery. In order for the Supplier to initiate Waste Removal of the supplied Bag/s the Purchaser must provide full payment before Waste Removal will be scheduled. Payment can be made via the national website www.aussieskipbags.com.au or by phoning the Supplier's billing line on (07) 545 34961.
4.2 Credit Card Payment – Credit card payments will incur a 3% surcharge.
4.3 Direct Deposit – Direct deposit transactions may require up to 48 (forty-eight) hours to show, proof of deposit such as a faxed or emailed remittance advice may be required should the Waste Removal be scheduled prior to the transfer appearing in Aussie Skip Bag's accounts.
5.1 The Purchaser shall contact the Supplier, within 24 (twenty four) hours of delivery to site, should the Bags not match the specifications confirmed on the order.
5.2 The Purchaser shall contact the Supplier immediately should the supplied Bag/s or Services fail to meet the Purchaser's expectations. The Purchaser may be asked to Provide written accounts of the issue in dispute and photographic evidence should it Be deemed neccesary.
6. SUBCONTRACTORS DISPUTE RESOLUTION
6.1 Without prejudice to either party's rights under the Building and Construction Industry Payments Act 2005 and the Subcontractors' Charges Act 1974, either party may refer any dispute under, or arising out of, this contract to the Institute of Arbitrators & Mediators Australia, for resolution under the Rules of the Construction Industry Dispute Resolution Scheme. Each case will first be referred to a Conciliator appointed by the Institute unless each party wishes to proceed directly to arbitration. If the conciliation is not satisfactorily concluded within six weeks or if the parties want to proceed directly to arbitration, the Institute will appoint an Arbitrator who will make a final and binding award.
7.1 Indirect Losses – Notwithstanding any other provision of these Terms and Conditions, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Purchaser for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Supplier's failure to complete or delay in completing the Order or to deliver the Bags.
7.2 Exclusion of Consequential Liability – The Supplier shall not be responsible or liable for damage, personal injury or loss of any kind whatsoever, to any property or person howsoever caused arising from the delivery, pickup or use of the Bags at the Purchaser's site, unless such loss or damage was caused by the negligence of the Supplier, its agents, subSuppliers or employees.
8.1 The Purchaser hereby authorises the Supplier to collect, retain, record, use and disclose consumer and/or commercial information about the Purchaser's credit worthiness, credit standing, credit history or credit capacity, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by the Supplier, a Debt Collector, Credit Reference Organisation and/or any other individual or organisation which maintains credit references and/or default listings.
8.2 The Purchaser also authorises the Supplier to make enquiries with respect to the Purchaser's consumer and commercial credit worthiness and to exchange information with other Credit Providers in respect to previous consumer and/or commercial defaults of the Purchaser.
9. GOVERNING LAW AND JURISDICTION
9.1 These Terms and Conditions are governed by the law in force in the State or Territory in which the Supplier's premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.