Terms & Conditions
7 SKIP BINS SERVICES TERMS AND CONDITIONS
The following terms and conditions apply to any agreement between 7 Master Pty Ltd A.B.N. 24 106 188 443 of 56 Rosedale Ave, Greenacre, NSW 2190 (7 Skips) and any customer (Customer, You or Your) nominated on any tax invoice or quotation or trade contract issued by 7 Skips.
Words in bold and/or capitalised words are defined terms as shown in clause 1 below.
Acceptance of these terms and conditions shall be indicated by acceptance of any Quote by You; acceptance by You of any Skip delivery; and/or Your signature on any tax invoice issued by 7 Skips.
1. Defined Terms
Account means the credit account as approved by 7 Skips.
Additional Fees means any additional fees charged or chargeable by 7 Skips to You due to:
(a) filling the Skip higher than the top of its sides or in such a manner that may result in spillage of Waste from the Skip either while stationary or in transit;
(b) the type of Waste collected differs in nature to the type of Waste described by you in the Quote;
(b) the collection date specified in the Quote is extended by You;
(c) any costs, charges or fines imposed by any council or government authority on 7 Skips and arising by reason of Your use, filling (other than as agreed in writing and in accordance with these terms and conditions) or placement of the Skip; or
(d) any other fees (including Cancellation Fees and Variation Fees) or expenses or charges incurred by 7 Skips arising from Your failure to comply with this Agreement.
Agreement includes the terms and conditions set out in the Quote and within this document.
Bin or Bin(s) means the waste bins 7 Skips provides to the Customer;
Customer means the party named on the quotation, delivery docket or credit application issued by 7 Skips or, if no party is named, the party to whom the Services are supplied to;
Charges means the fees, charges and additional charges that are paid to or are due to 7 Skips in accordance with the Terms;
Claim means any claim, demand, action, proceedings, judgment or award of Damages brought, made or recovered by any party to this Agreement including claims for or arising from wilful or tortious acts or omissions.
Collection means 7 Skips’s collection of a Skip.
Credit Card means any credit card produced by You for the payment or prospective payment of Fees and includes any credit card details provided by You to 7 Skips.
Dispute means any dispute about Skip Services including the non-supply of Skip Services.
Damages means and includes liabilities, losses, damages, costs and expenses, including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties.
Equipment means any equipment supplied or utilised by 7 Skips in performing the services and includes Bin(s) and vehicles;
Fees means the fees payable to 7 Skips for provision of the Services pursuant to the terms of the Quote and this Agreement including:
(a) Skip delivery fees and charges;
(b) Skip hire costs relating to the period specified in the Quote;
(c) Collection and disposal costs including all fees charged by government authorities; and
(d) any Additional Fees.
GST means any Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 or any related Law.
Insolvency Event means any act of Bankruptcy committed by you or if you are a company, You becoming subject to external administration within the meaning of Chapter 5 of the Corporations Act 2001.
Law includes the requirement of any statute, regulation, proclamation, ordinance, by-law or common law, present or future and whether state, federal or otherwise.
Party means You and 7 Skips.
Prescribed Rate means 2% above the interest rate published by the Reserve Bank of Australia from time to time.
Quote means any quotation for the provision of the Services to you by 7 Skips and includes the specification of rates, skip bin size and waste type as included on any 7 Skips tax invoice delivered to You.
Site means the location specified by the Customer for the location of the Bin(s) and the performance of the Services;
Skip means a Waste container provided by 7 Skips which forms part of the Services.
Skip Services means the services requested by You and referred to in the Quote.
Terms means these terms and conditions and the provisions in the quotation, proposal, docket and/or any credit application provided by 7 Skips to the Customer, which will be read and construed together;
7 Skips means 7 Master Pty Ltd A.B.N. 24 106 188 443.
Waste means the waste, rubbish and other refuse deposited by in the Skip.
Website means www.7skips.com.au.
You means the person or entity submitting the request for Services to 7 Skips and each of your contractors, employees, agents and persons under your control or direction.
2. Services by 7 Skips
2.1 Subject to the Terms, 7 Skips will provide the Services contemplated in the quotation issued by 7 Skips or any order accepted by 7 Skips.
2.2 The Customer acknowledges that:
(i) 7 Skips will use all reasonable endeavours to perform the Services on the frequency agreed in accordance with the Terms but accepts no liability where such performance is prevented, hindered or for some other reason does not occur by a cause that is beyond the reasonable control of 7 Skips;
(ii) The Customer or its representative may be requested to sign a delivery docket evidencing receipt of the Bins and/or collection of the Waste;
(iii) 7 Skips will, in its discretion, not have to perform the Services on weekends or public holidays or for any of the following reasons: if 7 Skips cannot access the Site safely; if 7 Skips does not provide Services to the area in which the Customer’s Site is located; if there is insufficient space on Site for 7 Skips to perform the Services; if the Bin(s) appears overweight; if the Bin(s) appears damaged or broken; if the Bin(s) has been filled unevenly; if the Customer has not paid the Charges; if the Customer is in breach of the Terms; for any operational or safety reasons which affect the provision of the Services; or if 7 Skips is prevented from performing the Services by circumstances beyond 7 Skips’s reasonable control (including, but not limited to, natural disaster or industrial action);
(iv) 7 Skips may inspect, sample, test and analyse any Waste which the Customer intends to dispose or disposes and 7 Skips is not obliged to accept, transport and/or dispose of that Waste if that Waste: (A) is not Waste and/or constitutes Excluded Waste; or (B) is not delivered or disposed in accordance with the Terms.
(v) if any Waste is refused or rejected by 7 Skips, then:
(A) if 7 Skips has not collected that Waste, 7 Skips will charge for the cost of attending the Site and inspecting the Waste reflecting its reasonable transport and labour time costs; or
(B) if that Waste has been collected by 7 Skips, then 7 Skips may return the Waste to the Customer either to the Site or any other premises owned or operated by the Customer or to another operator capable of accepting the Waste and the Customer shall pay for any costs or expenses incurred by 7 Skips in relation to the return or disposal of the Customer’s Waste; and 7 Skips will use all reasonable endeavours to contact the Customer in relation to any Waste that is refused or rejected or Excluded Waste that has been placed in the Bin(s). Unless the Customer then subsequently contacts 7 Skips within a reasonable period of time as notified by 7 Skips, 7 Skips reserves the right to charge a Customer in accordance with clause 3.3;
(vi) if the Customer needs Excluded Waste collected, the Customer must contact 7 Skips to request a special collection
2.3 Other than with respect to Excluded Waste, title in the Waste shall vest in 7 Skips once the Waste has been collected by 7 Skips. Title and risk in any Excluded Waste remains with the Customer until it is deposited to a waste facility that is legally authorised to accept the Excluded Waste.
3. Charges and Payment
3.1 Subject to these Terms, the Charges for the Services will be as agreed between 7 Skips and the Customer at the time of 7 Skips’s acceptance of the Customer’s order.
3.2 The Charges for the Services specified by 7 Skips in any quotation:
(i) will remain valid for a period of 30 days unless otherwise specified; and
(ii) is subject to any other conditions specified in the quotation.
3.3 The Customer must pay 7 Skips the Charges for the Services (including any additional or other charges charged to the Customer in accordance with the Terms, including for any excess weight or excess waiting time) by the due date specified in the relevant invoice. 7 Skips reserves the right to charge a Customer’s nominated credit card or directly debit the Customer’s nominated bank account in relation to any additional or other charges invoiced to the Customer.
3.4 The Charges for the Services are quoted on the basis of a regular scheduled run. If the Customer requires a pickup at a time that does not fit a run scheduled with 7 Skips under the Terms, additional charges may be charged to the Customer subject to 7 Skips providing prior notice to the Customer of such additional Charges.
3.5 The Charges for the Services include all taxes and levies other than GST. The Charges for the Services and all other amounts payable in accordance with the Terms are expressed exclusive of GST. Where 7 Skips makes a taxable supply to the Customer and the consideration for that supply does not expressly include GST, the Customer must also pay 7 Skips an amount equal to the GST payable by 7 Skips. The Customer must pay the GST amount when the Customer is liable to provide 7 Skips with consideration.
3.6 Subject to clauses 3.7 and 3.8, 7 Skips may increase its Charges during the term of the Terms in its absolute discretion (for such reasons including, but not limited to, increased operation costs, changes in disposal fees, changes to disposal facility locations, increased government charges, taxes and/or levies, the introduction of new taxes, government charges and/or levies, changes in the Customer’s address or any Change in Law), by providing the Customer with 30 days’ written notice of such increase to its Charges (Charge Notice).
3.7 If Charges are increased under clause 3.6, the new Charges (as set out in the Charge Notice) will be deemed to have been accepted by the Customer and will become effective thirty (30) days after the date that 7 Skips delivers the Charge Notice to the Customer, unless the Customer elects to terminate the Terms by delivering written notice to 7 Skips (Charge Termination Notice) before the increased Charges become effective.
3.8 If a Charge Termination Notice is delivered 7 Skips in accordance with clause 3.7, the increase in Charges contemplated by the Charge Notice will not take effect in relation to the Terms and the Terms will terminate on the earlier of:
(i) 30 days after the date that the Charge Termination Notice was delivered to 7 Skips; or
(ii) any other date prescribed by 7 Skips (acting reasonably).
3.9 The Customer acknowledges that:
(i) If the Customer fails to pay amounts invoiced on the due date, then 7 Skips will have the right to charge interest which shall accrue daily at the Prescribed Rate; and
(ii) You agree to pay 7 Skips’s costs of recovering or attempting to recover from You any outstanding Fees and charges, including any mercantile agent’s costs, and legal costs on a full indemnity basis; and
(iii) the Services may be suspended by 7 Skips if payment is not received or the Customer is otherwise in arrears of its payment obligations under the Terms.
4.1 All Fees and Additional Fees referred to in a Quote are inclusive of GST.
4.2 7 Skips may recover from You any duties, taxes or similar imposts which may be imposed on or in relation to or otherwise in connection with the Services, to the extent they may apply to the Fees, Additional Fees or the Skip Services.
5. Cancellation or Variation
5.1 The Customer may terminate the Terms:
(i) immediately by giving written notice to 7 Skips if 7 Skips is in breach of a fundamental term of the Terms and such breach is either incapable of being remedied or has not been remedied within fourteen (14) days of the Customer giving 7 Skips written notice of that breach;
(ii) if permitted by clauses 3.7 of the Terms; or
(iii) immediately an Insolvency Event has occurred in respect of 7 Skips.
(i) the Customer attempts to terminate the Terms other than in accordance with the provisions of clause 5.1 of the Terms or otherwise repudiates the Terms; or
(ii) 7 Skips terminates the Terms for any of the reasons contemplated by clause 5 or 14 of the Terms, 7 Skips will be entitled to early termination fees calculated, in addition to any outstanding amounts, on the account for (to the extent applicable):
(A) the cost of picking up the Bins, especially on short notice (e.g. transport, fuel, driver cost);
(B) the cost of cleaning, service and regular maintenance of Bin(s) for safe use by another customer;
(C) incremental administrative cost in the early closure of the account; and
(D) an amount equal to the Average Monthly Amount.
5.3 The early termination fees in clause 5.2 are agreed by both parties to be a genuine pre-estimate of 7 Skips’s damages and are therefore not a penalty at law.
5.4 On termination of these Terms by either party:
(i) all Charges that are outstanding and have not yet been paid by the Customer to 7 Skips will become immediately due and payable; and
(ii) such termination will not adversely affect any rights or obligations that may have accrued to either party before the date of termination.
6. Customer Obligations
6.1 The Customer agrees to:
(i) comply with all applicable laws;
(ii) comply (and ensure that its Personnel and contractors will comply) with all directions and instructions of 7 Skips and any of its employees in respect of the Waste (including in relation to the loading, transporting and delivery of that Waste) and the Equipment;
(iii) take utmost care of the Equipment and only use it for its proper purpose in a safe and correct manner;
(iv) take all reasonably necessary and proper measures to protect the Equipment from theft, damage and/or other risks and return the Equipment in good working condition; (v) not misuse the Bins or any good, property or services owned or used by 7 Skips, or allow such misuse by other persons, including by not compacting Waste in the Bins and failing to maintain the Bins in a sanitary condition;
(vi) make the Bins and/or Waste available to 7 Skips at the time and location agreed with 7 Skips; and
(vii) promptly provide to 7 Skips all information and documents requested by 7 Skips relating to the Waste, including the source of the Waste, weight of the Waste, the Site, confirmation of compliance with applicable laws and a waste classification report (if required) in the form required by 7 Skips.
6.2 The Customer acknowledges that:
(i) the Bins remain the property of 7 Skips at all times and agrees that it will not sell, lend, lease, transfer, modify or otherwise deal with the Bins, or create or allow to be created, a security interest over the Bins, without the prior written consent of 7 Skips; and
(ii) 7 Skips may at any time in its discretion replace the Bins with equivalent sized Bins.
6.3 The Customer represents and warrants that:
(i) the ground surfaces traversed by 7 Skips vehicles on and at the Site are suitable for the purpose of the delivery and collection of Bin(s);.
(ii) there is unobstructed, sufficient and safe access for 7 Skips to perform the Services.
(iii) it is solely responsible for obtaining permission from the relevant person, entity or authority (i.e. Council, Body Corporate/Strata Manager) if the Bin(s) is to be placed on a communal or public site or other location which in the circumstances requires the permission of a third party. 7 Skips may refuse to complete delivery of Bins if it is not satisfied that the Customer has permission to place that Bins at that site or location.
7. Rights on non-delivery
Other than as specified in this Agreement and clause 16, if 7 Skips does not deliver the Skip on the date specified in the Accepted Quote, 7 Skips will, at its sole discretion but subject to the requirements of all applicable consumer legislation, have the option of re-supplying the Skip or refunding any fees paid by you prior to delivery.
8.1 7 Skips warrants the Skip Services will be provided to You with all due care and skill and in a professional and workmanlike manner and according to generally acceptable industry standards and practices.
8.2 To the extent permitted by Law, all other expressed or implied warranties, representations, terms and conditions other than those expressly contained in the Quote and this Agreement, are expressly excluded.
8.3 Where there is a conflict between any term of this Agreement and any term of the Quote, the term of this Agreement will prevail.
9.1 You irrevocably agree to indemnify and hold harmless 7 Skips from and against all Claims for personal injury and property damage arising from the use by you (or others at your direction) of the Skip.
9.2 The Customer will indemnify 7 Skips for:
(A) all liabilities, claims, damages, actions, costs and expenses which may be incurred by 7 Skips as a result of or arising out of any breach by the Customer of any of the terms, warranties, covenants or conditions contained in the Terms;
(B) any loss or damage, or theft or destruction, to 7 Skips’s property, Equipment or Bin(s) caused as a result of an act or omission of the Customer or its Personnel;
although the Customer’s liability to indemnify 7 Skips is reduced proportionally to the extent that an act or omission of 7 Skips caused or contributed to the claim, damage, loss, liability, cost or expense.
10. Your Acknowledgments
10.1 By accepting any Quote and acceptance of these terms and conditions You unconditionally acknowledge and agree that You have inspected the Skip and satisfied yourself through your own enquiries that it is suitable for your use, it is the correct skip size and specification and is suitable to be delivered and remain at your nominated address for the duration of the Skip hire.
10.2 You acknowledge and agree that in entering into this Agreement, You have not relied upon any representation (whether verbal or in writing) made by 7 Skips other that what has been expressly stated within the Quote and this Agreement.
11. Limitation on Liability
11.1 7 Skips will not be liable to the Customer (whether in contract, statute, tort (including negligence) or otherwise) for any consequential loss (including loss of use, opportunity, profit or anticipated profit, revenue or anticipated revenue, investment return, interruption to the business, business opportunities and damage to goodwill, reputation or share price or failure to realise anticipated savings (whether the loss is direct or indirect)), or loss caused by (or to the extent contributed to by) the Customer or people associated with the Customer such as employees, contractors or the Customer’s clients.
11.2 any warranty, guarantee, condition, representation, undertaking or other right that would be implied in or otherwise required in connection with the Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
11.3 notwithstanding the other provisions of this clause, 7 Skips does not exclude, restrict or modify any warranty, guarantee, condition, representation, undertaking or other right under any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of the Terms to be void (Non-excludable Condition).
11.4 the maximum aggregate liability of 7 Skips for all proven losses, damages and claims arising out of the Terms including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of the amounts paid by the Customer to 7 Skips under the Terms.
11.5 the liability of 7 Skips (if any) to the Customer for a breach of any Non-excludable Condition will be limited at 7 Skips’s option, to either:
(A) 7 Skips re-supplying the Services; or
(B) 7 Skips paying the Customer the cost of the Services being supplied again to the Customer.
12. Risk and Title
12.1 You will be liable to 7 Skips for any damage to the Skip(s) which occur(s) while the Skip(s) is/are in Your possession, subject to any fair wear and tear.
12.2 For the avoidance of doubt, at no point in time will title in the Skip(s) transfer to You and You are expressly prohibited from charging or otherwise encumbering the Skip(s).
13. Dispute Resolution
13.1 Except where a Party seeks urgent interlocutory relief, a Party must not commence any court or arbitration proceedings relating to a Dispute unless it first complies with this clause.
13.2 A Party claiming that a Dispute has arisen under this Agreement must give written notice to the other Party giving reasonable details of the nature of the Dispute (Notice).
13.3 On receipt of that Notice by the other Party, the Parties must endeavour in good faith and within 7 days to resolve the Dispute.
13.4 If the Parties do not agree within 7 days of receipt of the Notice (or any further period agreed by them) as to:
(a) the dispute resolution technique and the procedures to be adopted;
(b) the timetable for all steps in those procedures; and
(c) the selection and compensation of the independent person required for such technique,
then the Parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales. The Parties must request the President of the Law Society of New South Wales or the President’s nominee to select the Mediator and determine the Mediator’s remuneration.
14.1 7 Skips may terminate the Terms immediately by giving notice to the Customer if:
(i) the Customer is in breach of the Terms, and such breach is either incapable of being remedied or has not been remedied within fourteen (14) days of 7 Skips giving the Customer written notice of that breach;
(ii) the Customer fails to make the required payments or the Customer is otherwise in arrears of its payment obligations in accordance with the Terms after 7 Skips has requested payment of such outstanding amounts within fourteen (14) days; or
(iii) an Insolvency Event has occurred in respect of the Customer. (b) In the event of termination of the Terms in accordance with clause 14.1, 7 Skips may retrieve its Equipment at any time from the Customer’s Site.
16. Force Majeure
16.1 If, for any reason beyond the reasonable control of 7 Skips, 7 Skips is unable to perform, in whole or in part, any of the Services or any other obligation under this Agreement, 7 Skips will be relieved of its obligations to the extent and for the period that it is unable to so perform, and will not be liable to You in respect of any such inability in any way whatsoever.
16.2 If a delay or failure by 7 Skips to perform its obligations due a force majeure event exceeds 7 days, 7 Skips may immediately terminate this Agreement by giving notice to the other Party.
16.3 In the event of such termination under clause 16.2, You must pay 7 Skips for all Fees and charges incurred prior to the effective date of termination.
17. Changes to Agreement
7 Skips may amend its standard terms and conditions at any time and you agree that the terms and conditions as amended shall apply to the supply of skips that may occur after the date of amendment of terms and conditions on the Website. 7 Skips may amend any agreed trade contract rates for Skip Services by giving 30 days’ notice of amendment of such rates on the Website.
Any provision in this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality of enforceability of any other clause in this Agreement or the validity, legality or enforceability of this Agreement in any other jurisdiction.
The failure, delay or omission by 7 Skips to exercise a power or right conferred on it by this Agreement will not operate as a waiver of that power or right, and any single exercise of a power or right will not preclude another exercise of that power or the exercise of another power or right under this Agreement.
20.1 A notice, request consent or other communication (Communication) to be given by a Party under this Agreement must be in writing and addressed in accordance with the particulars for that party as set out in the Quote.
20.2 A Communication must be delivered by hand or prepaid post, or sent by facsimile or email. A Communication will be deemed to have been received:
(a) if hand delivered, on the next following business day;
(b) if posted, on the second business day after posting; and
(c) if sent by facsimile or email on the date of any receipt acknowledged
by fax or email or the next following business day unless the receiving Party has requested re-transmission before the end of that business day.
Clauses 5, 9, 10,11,12, 13 and 14 survive termination of this Agreement.
22. Governing Law
This Agreement is governed by and construed in accordance with the Law for the time being in force in New South Wales and the Parties, by entering into this agreement, agree to submit to the exclusive jurisdiction of the Courts of that State.