Terms and Conditions of services
· These terms and conditions will apply to all Products and Services supplied by us except to the extent that they are inconsistent with any terms expressly agreed in writing between us and you
· Bookings can be made over the phone, in writing, by email or made through our website. If booked via phone, your email address must be supplied to allow us to send you a confirmation of booking.
· All quotations are valid up to thirty (30) days from the date of the quotation, but will otherwise be subject to change.
· Unless otherwise stated, the prices quoted by us do not include delivery charges, GST or permits and insurance costs.
· We will observe so far as it is practicable, any requirements specified by you as to the commencement and completion of the hire period but cannot guarantee strict compliance as to time and will not be under any liability which by law cannot be excluded if your requirements are not met.
· Once you have made a booking, we will deliver to the product to the site for the hire period.
· You acknowledge that the bin(s), are to be used by you for the sole purpose of depositing waste products into, and may not be used for food, animal waste, fibrolite, asbestos cement and asbestos products, paint, oil, fuels, liquid or chemicals.
· The products can be collected by us at completion of the hire period without notice to you.
· If, at no fault of ours, collection is not possible at completion of the hire period, you acknowledge that you will be liable for additional hire fees and for any additional costs we incur as a result of the extension of the hire period.
· You will, unless we otherwise agree in writing, pay to us, on or before commencement the full amount of the hire fees.
· If we agree to you paying the hire fee after commencement, you will pay all moneys due within thirty (30) days of commencement free of deductions and set-offs.
· If any payment has not been made on or before the due date, we can refuse to provide further services, regardless of when the booking for the further services was made, other than on the basis of payment in cash on delivery of the equipment with payment of all other moneys then owing by you to us.
· If any payment is not made by the due date, you will pay interest to us calculated:
- on the amount outstanding;
- from the due date for payment until the date of actual payment;
- at the rate of five per cent (5%) per month;
- with interest payable on unpaid interest, compounded daily.
· Monies you pay to us for an order will not be refunded unless:
- you cancel your order at least 48 hours before the commencement of the hire period
- the Equipment is faulty or defective,
- the Equipment is different from the sample shown or described in advertising or your order, or
- the equipment is not fit for the purpose intended.
· To the extent allowed at law, our maximum liability to you for any claim in respect of equipment or service supplied by us will be:
- the re-supplying of the equipment or service;
- repairing of the equipment;
- refunding the hire fees paid by you;
· We will not be required to satisfy any claim for faulty, defective or incomplete supply of services or products unless a claim in writing giving sufficient detail of a complaint is received by us within seven (7) days of delivery or the date equipment were supposed to be delivered.
· You warrant that except as expressly acknowledged by us in writing:
- You have satisfied yourself as to the suitability of the equipment for your purposes;
- Yourself or will on delivery of the equipment to you and prior to acceptance, satisfy yourself that the equipment is in good working order and condition and free of defects;
-You have not except as expressly acknowledged by us in writing, made known to us any purpose for which the equipment is to be used.
· You will ensure that:
- Access to the premises where we are to deliver and/or collect the equipment is available to us as and when required; and
- All facilities necessary to enable us to deliver and/or collect the equipment are available.
· You will not:
- Tamper with or damage or repair the bin(s);
- Lose or part with possession of the bin(s);
- Move the bin from the site or the original point of delivery on the site;
17.4 fill the bin(s) over the rim.
· In addition to the hire fees, you agree that you will be responsible to pay to us for:
- the replacement costs of any equipment which has been removed other than for return to us;
- all fines, fees penalties, levies, charges and taxes in respect of hiring the equipment;
- any additional hire fees resulting from an extension of the hire period;
- any additional fees resulting from you filling the bin(s) over the rim;
- costs of repairing any damage caused to the equipment while on hire.
- costs associated with the recovery of equipment which has been moved from the site or the original point of delivery, other than for return to us;
- fees associated with placing the equipment on public land;
- additional fees apply to i the bin exceeds weight limits;
- additional fees apply to loads containing mattresses, tree stumps, monitors tyres, and carpet
· You agree that you are responsible for observing all Occupational Health and Safety Laws relating to the use of the equipment during the hire period.
· We may sub-contract work but will not be released from responsibility to you if we do so.
· We may assign any debt owing by you to us.
· Neither party may assign a booking or any part of it.
· If the manufacturer of any of the equipment alters the specifications of the equipment:
- in any manner which does not affect adversely the capacity of the equipment to perform the functions for which the equipment was designed, your and our obligations in respect of the booking will remain unchanged and will apply to the altered equipment;
- otherwise you can cancel your booking provided you do so within seven (7) days of the date on which you are notified of the alteration;
- the price to be paid for the equipment will be adjusted by the same amount and in the same manner as the manufacturer’s price is adjusted, if at all.
· We will not be obliged to satisfy any claim for defective equipment or equipment not delivered in accordance with your booking unless a written claim with sufficient detail is made within seven (7) days of delivery or the date equipment was supposed to be delivered.
· You warrant to us that you have the right and all necessary authority to enter into each booking.
· We reserve to ourselves all Intellectual Property Rights including moral rights in any plans, designs, concepts, copyright, specifications, methods of work and other material prepared or devised by us for you.
· Subject to the express terms of these conditions, we warrant that:
- any equipment supplied by us will be free of defects which would result in the products being unfit for normal use;
- any services provided by us will be of a good and tradesman-like standard.
· Except as otherwise provided in these conditions and except to the extent that our liability cannot be excluded or limited by law, all claims are limited to those notified to us in writing within six (6) months of the date of the booking or the completion date, whichever is the later.
· You acknowledge that in delivering and/or collecting the equipment, minor damage may be occasioned to the premises where the equipment is kept by you for the hire period;
- We will not be required to make good such damage and you will not be entitled to withhold payment by reason of any such damage.
- We can change any of these Terms and Conditions at any time by written notice to you.
- Any change will apply to all bookings received from you after we have given you written notice of the change.
· If a supply is made pursuant to a booking, the party receiving the supply will, in addition to the price otherwise payable, pay any GST payable by the party making the supply unless the price is quoted on a GST inclusive basis.
- If GST is payable in respect of a supply, the party making the supply must issue a GST Invoice in respect of the supply.
· We will not be liable to you except as expressly stated in these Terms and Conditions for any loss or harm which might be suffered or incurred by you or by any person claiming through you regardless of any degree of fault.
- In particular, we will not be liable for any indirect, exemplary or punitive damages, claims for economic loss or claims for reduction in the value of any asset.
· If the supply of Equipment to You by Us is suspended or delayed by any matter beyond Our control:
- We will not be liable to You for any failure to supply the Equipment by the Commencement of the Hire Period; and
- You will pay any additional costs which We incur because of the suspension or delay.
· On Commencement and Completion of the Hire Period You must use all reasonable endeavors to ensure that we can complete delivery and collection of the Equipment continuously and without interruption.
· You are responsible for obtaining all approvals for the delivery and collection of the Equipment by Us and warrant that all such approvals have been obtained or will have been obtained prior to the Hire Period commencing.
· If payment is not made in accordance with these Terms and Conditions We can recover from you, in addition to the amounts due and interest, all of our costs and expenses incurred in recovering payment on an indemnity basis including an allowance for our time and effort.
· If we incur overtime penalty costs, over award allowances, site allowances or other similar costs which were not notified to us in writing before we issue our quotation you must pay those costs in addition to any other monies payable to us.
· If You request any change to the Equipment to be supplied by Us or the Hire Period whether in writing or not and if We supply the Equipment pursuant to Your request You agree to pay Our additional charges in accordance with Our then current standard charges.
· Except where it is expressly stated to the contrary, no information provided by us in any form is to constitute a warranty, representation, term or condition of any contract between you and us.
· We reserve the right to vary any quotation at any time prior to supplying the Equipment referred to in the quotation.
· If We supply Equipment additional to the Equipment referred to in a quotation We may charge and You will pay for the additional Equipment
- the amount quoted by Us and accepted by You for them; and
- If no amount has been quoted and/or accepted, such amount as is fair and reasonable.
· All Equipment supplied by us will be at your risk for all purposes from the time of delivery to you regardless of the existence of any fault or any degree of fault on our part or on the part of our employees, agents and contractors.
- Where the context so admits or requires any reference to the singular number shall include the plural number and vice versa.
- Where the context so admits or requires any reference to the masculine, feminine or neuter gender shall include each other gender.
- Any of these Terms and Conditions which are expressed to be for the benefit of more than one (1) person shall be for the benefit of each of such persons severally and for both of all such persons jointly.
- Any of these Terms and Conditions which are expressed to be binding on more than one (1) person shall be binding on each of such persons severally and on both or all of such persons jointly.
- In these Terms and Conditions where the context so admits or requires any reference to a person shall include a company.
- These Terms and Conditions shall be subject to the law and to the exclusive jurisdiction of the Courts of Victoria.
- Notwithstanding that any of these Terms and Conditions or any aspect of them is found to be void, voidable or unenforceable for any reason, the remainder of these Terms and Conditions will remain in full force and effect.
- Any reference to a person shall, where the context so admits or requires, include the heirs, executors, assigns and legal personal representatives of that person.
· Any document or written notice which is required to be served or delivered by one (1) Party on or to another Party pursuant to or in connection herewith may be served or delivered:
(I) by any of the methods authorized by Section 170 of the Conveyancing Act or any other relevant legislation; or
(ii) by electronic transmission, including email and Website facilitated means;
(iii) at the last known place of residence or business of a Party or if the Party has an office registered pursuant to any legislation at that office.
· In these Terms and Conditions:
- Bins means skip bins or containers for the storage and removal of waste material.
- Commencement means the date the Booking specifies the Hire Period commences or, if different to the Booking specifications, the date the Equipment for hire are delivered.
- Completion means the latest date of the Booking specifies the Hire Period concludes or, if different from the Booking specifications, the date the Equipment for hire are collected or returned.
- Equipment means the Bin or Bin(s) and any Bin Accessories and any other item we hire out from time to time.
- GST means Goods and Services Tax payable in respect of any supply made pursuant to these Terms and Conditions and/or you’re hiring of Our Equipment.
- Services means our delivery and collection of the Equipment.
- Site means the address specified in the Booking or otherwise specified by you in writing.
- We, Us and Our means and refers to M & K Cain Pty Ltd Trading as Sun-Skips, and includes all of your related bodies, corporate and associated entities as those terms are defined in the Compensation Act.
- Website means the website operated by M & K Cain Pty Ltd under the domain name
- You and Your means and refers to the party making the Booking with Us.