Adelaide Trailer Bins – Terms and Conditions of Hire

Definitions

  • “ATB” means George Karamanis T/A Adelaide Trailer Bins, its successors and assigns or any person acting on behalf of and with the authority of George Karamanis T/A Adelaide Trailer Bins.
  • “Customer” means the person/s hiring the Bin (and/or hiring Skip Bin) as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
  • “Skip Bin” means any Skip Bin supplied on hire by ATB to the Customer (and where the context so permits shall include any provision of services), as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by ATB to the Customer.
  • “Hire Period” means the standard hire term of the Skip Bin (and associated services), which shall be (unless otherwise stated in the quotation, invoices, authority to hire, or any other forms as provided by ATB to the Customer) for a duration of four (4) days. Any extension to the Hire Period will be charged additionally to the Customer.
  • “Price” shall mean the cost of the hire of the Skip Bin as agreed between ATB and the Customer subject to clause 2 of this contract.

Acceptance

  • The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for the Skip Bin, or accepts Delivery.
  • These terms and conditions may only be amended with ATB’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and ATB.
  • The Customer expressly agrees that ATB shall have exclusivity regarding the disposal of the contents in the Skip Bin, and that the Customer will not enter into any agreement with any other party to perform services which the Customer has contracted ATB to perform.

Price and Payment

  • At ATB’s sole discretion the Price shall be either; as indicated on invoices provided by ATB to the Customer in respect of the Skip Bin provided on hire; or ATB’s quoted Price (subject to clauses 2 and 4) which shall be binding upon ATB provided that the Customer shall accept in writing ATB’s quotation within thirty (30) days.
  • ATB reserves the right to change the Price in the event of a variation to ATB’s quotation. Any variation from the specifications of the Skip Bin (including, but not limited to, any variation as a result of additional services required due to unforeseen circumstances, the Customer’s failure to adhere to clause 14, where additional charges as per clause 4 are applicable, or as a result of increases to ATB in the cost of the services, including any charges introduced by government bodies or the dumps themselves, etc.) will be charged for on the basis of ATB’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
    • At ATB’s sole discretion, a non-refundable deposit may be required.
    • Time for payment for the hire of the Skip Bin being of the essence, the Price will be payable by the Customer on the date/s determined by ATB, which may be:
  • On Delivery
  • Before Delivery
  • The date specified on any invoice or other form as being the date for payment; or
  • Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by ATB.

 

  • Payment may be made:

 

  • by cash or credit card – Visa or MasterCard only (plus a surcharge of two percent (2%) of the Price); or
  • For Customer’s on account, by cheque, bank cheque or electronic/on-line banking; or
  • By any other method as agreed to between the Customer and ATB.

 

  • Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to ATB an amount equal to any GST ATB must pay for any supply by ATB under this or any other agreement for the hire of the Skip Bin. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  • Receipt by ATB of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then ATB’s rights or ownership in relation to this agreement shall continue.

Additional Charges

The Customer acknowledges that the following may apply (and are subject to change without notice).ATB shall accept the disposal of these items, for an additional charge:

  • Tyres (an additional charge of twenty-five dollars ($25.00) per tyre)
  • Mattresses (and additional charge of thirty-five dollars ($35.00) per mattress)
  • Unless otherwise specified in writing, the Price is inclusive of the first five hundred kilograms (500kg) only, and any additional weight may be charged at current dump rates.
  • A Delivery surcharge of forty dollars ($40.00) shall be applicable for outer metropolitan addresses.
  • The Customer acknowledges that SB may (at their sole discretion) increase these charges at any time, without providing notice to the Customer.

Hire Period

  • Charges shall commence from the time the Skip Bin is delivered to the Customer’s premises and shall continue until the expiry of the Contract Term. On expiry of the Contract Term, hire charges shall continue on a monthly basis unless terminated by way of the Customer providing ATB with three months written notification.
  • If the Customer wishes to terminate the contract during the term stipulated, the Customer must pay to ATB the remaining charges which would otherwise have been payable to ATB during the Contract Term.
  • ATB may adjust charges from time to time (as per clause 2) upon one (1) months written notice to the Customer.
  • No allowance whatever can be made for time during which the Skip Bin is not in use for any reason, unless ATB confirms special prior arrangements in writing.

Delivery

  • Delivery of the Skip Bin (“Delivery”) shall be deemed to have taken place when the Skip Bin is delivered to the Customer’s nominated address (whether or not the Customer is present at the time of Delivery).
  • Subject to clause 1(c), the costs of delivering or collecting the Skip Bin are included in the Price.
  • The Customer shall make all arrangements necessary to take Delivery by receipt of the Skip Bin whenever it is tendered for Delivery. In the event that the Customer is unable to take Delivery as arranged then ATB shall be entitled to charge a reasonable fee for redelivery.
  • Any time or date given by ATB to the Customer is an estimate only. The Customer must still accept Delivery even if late and ATB will not be liable for any loss or damage incurred by the Customer as a result of the Delivery being late.

Risk

  • ATB shall retain property in the Skip Bin at all times nonetheless all risk for the Skip Bin passes to the Customer on Delivery.
  • The Customer accepts full responsibility for the safekeeping of the Skip Bin and indemnifies ATB for all loss, theft, or damage to the Skip Bin howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.
  • The Customer will insure, or self-insure, ATB’s interest in the Skip Bin against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the use of the Skip Bin. Further the Customer will not use the Skip Bin nor permit it to be used in such a manner as would permit an insurer to decline any claim.
  • The Customer accepts full responsibility for and shall keep ATB indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Skip Bin during the Hire Period however arising and whether or not arising from any negligence, failure or omission of the Customer or any other persons.

Placement and Access

  • The Skip Bin shall be placed where directed by the Customer and, in the absence of the Customer’s directions, ATB shall place the Skip Bin at the delivery address at the nearest clear area to the roadside. The Customer agrees to indemnify ATB against any claims whatsoever made against ATB that arise out of the placement of the Skip Bin.
  • The Customer agrees that the Customer shall not move a Skip Bin once placed in position by ATB, except with the express approval of ATB.
  • In the event that either party to this agreement is ordered to remove a Skip Bin by any statutory authority, they shall immediately notify the other party of the requirement to do so and organise the removal of the Skip Bin. The Customer agrees to indemnify ATB against all additional costs incurred by ATB in complying with any such order, or through the Customers failure to comply with any such order, or through the Customers failure to comply with the provisions of this clause.
  • The Customer shall ensure that it has, prior to Delivery, all approvals required from any local authority where the Skip Bin is to be located on the roadside or any footpath adjacent thereto.
  • The Customer shall be responsible on Delivery and/or collection day for ensuring ATB has clear and free access to the site at which the Skip Bin is to be (or is) located. ATB shall not be liable for any loss or damage caused (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) when delivering or collecting any Skip Bin unless due to the negligence of ATB.
  • If there are any delays due to clear or free access not being available when ATB arrives to deliver or collect a Skip Bin then:
  • The Customer will be notified by ATB and an additional attempt will be made to deliver and/or collect the Skip Bin; and
  • Any further attempts made by ATB to deliver and/or collect the Skip Bin will be classified as additional services and the Customer shall reimburse ATB for all additional costs incurred by ATB as a result thereof (including, in the case of Skip Bin collection, any hire fees lost due to the Skip Bin being unavailable).

Title

  • The Skip Bin is, and will at all times remain, the absolute property of ATB. However, the contents of the Skip Bin remain the property of the Customer until full payment has been made. If payment is not made ATB shall be entitled (at their sole discretion) to empty the Skip Bin of its contents at the Customer’s site, office or place of residence without notice and may repossess the Skip Bin as per 2.
  • If at any time the Customer fails to return a Skip Bin to ATB when requested then ATB or ATB’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Skip Bin is situated and take possession of the Skip Bin, without being responsible for any damage thereby caused.

Personal Property Securities Act 2009 (“PPSA”)

  • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
  • Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Skip Bins that have previously been supplied and that will be supplied in the future by ATB to the Customer.
  • The Customer undertakes to:
  • Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ATB may reasonably require to
  • Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register
  • Register any other document required to be registered by the PPSA; or
  • Correct a defect in a statement referred to in clause 3(a)(i) or 10.3(a)(ii)
  • Indemnify, and upon demand reimburse, ATB for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
  • Not register a financing change statement in respect of a security interest without the prior written consent of ATB;
  • Not register, or permit to be registered, a financing statement or a financing change statement in relation to the Skip Bin in favour of a third party without the prior written consent of ATB.

 

  • ATB and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
  • The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
  • The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
  • Unless otherwise agreed to in writing by ATB, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
  • The Customer must unconditionally ratify any actions taken by ATB under clauses 3 to 10.5.
  • Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

Security and Charge

  • In consideration of ATB agreeing to supply the Skip Bin, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
  • The Customer indemnifies ATB from and against all ATB’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ATB’s rights under this clause.
  • The Customer irrevocably appoints ATB and each director of ATB as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Customer’s behalf.

Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

  • The Customer must inspect the Skip Bin on Delivery and must within forty-eight (48) hours of such time notify ATB in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Skip Bin as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow ATB to inspect the Skip Bin.
  • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (“Non-Excluded Guarantees”).
  • ATB acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
  • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, ATB makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Skip Bin. ATB’s liability in respect of these warranties is limited to the fullest extent permitted by law.
  • If the Customer is a consumer within the meaning of the CCA, ATB’s liability is limited to the extent permitted by section 64A of Schedule 2.
  • If ATB is required to rectify, re-supply, or pay the cost of re-supplying the Skip Bin under this clause or the CCA, but is unable to do so, then the owner may refund any money the Customer has paid for Skip Bin but only to the extent that such refund shall take into account the value of the hire of the Skip Bin and consumables which have been provided to the Customer which were not defective.
  • If the Customer is not a consumer within the meaning of the CCA, ATB’s liability for any defect or damage in the Skip Bin is:
  • Limited to the value of any express warranty or warranty card provided to the Customer by ATB at ATB’s sole discretion;
  • Otherwise negated absolutely.
    • Notwithstanding clauses 1 to 12.7 but subject to the CCA, ATB shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

 

  • The Customer failing to properly maintain or store the Skip Bin
  • The Customer interfering with the Skip Bin in any way without ATB’s written approval to do so
  • The Customer using the Skip Bin for any purpose other than that for which it was designed
  • The Customer continuing the use of the Skip Bin after any defect became apparent or should have become apparent to a reasonably prudent operator or user
  • The Customer failing to follow any instructions or guidelines provided by ATB
  • Fair wear and tear, any accident, or act of God

Contaminated or Dangerous Waste

  • The Customer shall not use a Skip Bin to store or dispose of any asbestos-based materials, free-flowing liquid, viscous, explosive, flammable or otherwise hazardous/dangerous goods (“Dangerous Goods”). If any Dangerous Goods are placed in the Skip Bin, ATB will charge the Customer for any and all costs of disposing of such and for any remedial services ATB has to undertake at its premises which are attributable to having the Skip Bin returned by the Customer which contains Dangerous Goods.
  • Information regarding the disposal and handling of Dangerous Goods can be found atsa.gov.au or by phoning (08) 8204 2000.

Overloading

  • If when ATB arrives to collect a Skip Bin to facilitate the disposal of its contents and finds that the Skip Bin is overloaded (by volume or weight), then ATB shall, at its sole discretion, either:
  • Refuse the carriage of the Skip Bin until the Customer has reduced the load to an acceptable level; or
  • Leave behind the overloaded portion; or
  • Provide the services in which case, the Customer shall be liable to ATB for all additional costs then incurred by ATB (including, but not limited to, any fines, penalties, or additional dumping fees).

Customer’s Responsibilities

The Customer shall:

  • Notify ATB immediately by email of the full circumstances of any accident. The Customer is not absolved from the requirements to safeguard the Skip Bin by giving such notification;
  • Satisfy itself at commencement that the Skip Bin is suitable for its purposes;
  • Use the Skip Bin in a safe manner, strictly in accordance with the law and only for its intended use;
  • Not use mechanical means to compact the contents being placed in the Skip Bin;
  • Comply with all occupational health and safety laws relating to the Skip Bin’s use;
  • On termination of the hire, deliver the Skip Bin, clean and in good order as delivered, fair wear and tear accepted, to ATB;
  • Keep the Skip Bin in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to a lien over the Skip Bin;
  • Not alter or make any additions to the Skip Bin including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Skip Bin or in any other manner interfere with the Skip Bin;
  • Employ the Skip Bin solely in its own work and shall not permit the Skip Bin of any part thereof to be used by any other party for any other work;
  • Not exceed the recommended or legal load (weight) and capacity (volume) limits of the Skip Bin or use the Skip Bin for incineration purposes;
  • Not pledge ATB’s credit for repairs to the Skip Bin or to create a lien over the Skip Bin in respect of any repairs;
  • Not affix the Skip Bin in such a manner as to make it legally a fixture forming part of any freehold;
  • Not perform, or allow the performance of, any mechanical compaction of the contents of the Skip Bin.
  • Immediately on request by ATB the Customer will pay:
  • The new list price of any Skip Bin that is for whatever reason destroyed, written off or not returned to ATB
  • All costs incurred in cleaning the Skip Bin
  • All costs of repairing any damage caused by
  • The ordinary use of the Skip Bin up to an amount equal to ten percent (10%) of the new list price of the Skip Bin
  • Any negligent act (or breach of this contract) by the Customer or the Customer’s agent
  • Vandalism, or (in ATB’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Skip Bin by the Customer
  • The cost of fuels and consumables provided by ATB and used by the Customer
  • Any costs incurred by ATB in picking up and returning the Skip Bin to ATB’s premises if the Customer does not return the Skip Bin to ATB’s premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so
  • Any lost hire fees ATB would have otherwise been entitled to for the Skip Bin, under this, or any other hire agreement
  • Any insurance excess payable in relation to a claim made by either the Customer or ATB in relation to any damage caused by, or to, the hire Skip Bin whilst the same is hired by the Customer and irrespective of whether charged by the Customer’s insurers or ATB’s.

Cancellation

  • ATB may cancel these terms and conditions or cancel Delivery at any time before the Skip Bin is delivered by giving written notice. On giving such notice ATB shall repay to the Customer any sums paid in respect of the Price. ATB shall not be liable for any loss or damage whatever arising from such cancellation.
  • In the event that the Customer cancels Delivery the Customer shall be liable for any and all loss incurred (whether direct or indirect) by ATB as a direct result of the cancellation (including, but not limited to, any loss of profits).

Default and Consequences of Default

  • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at ATB’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  • If the Customer owes ATB any money the Customer shall indemnify ATB from and against all costs and disbursements incurred by ATB in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ATB’s contract default fee, and bank dishonour fees).
  • Without prejudice to any other remedies ATB may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms of hire ATB may repossess the Skip Bin as per clause 2, or suspend or terminate the supply of Skip Bin to the Customer and any of its other obligations under the terms and conditions. ATB will not be liable to the Customer for any loss or damage the Customer suffers because ATB has exercised its rights under this clause.
  • Without prejudice to ATB’s other remedies at law ATB shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies ATB may have and all amounts owing to ATB shall, whether or not due for payment, become immediately payable in the event that:
  • Any money payable to ATB becomes overdue, or in ATB’s opinion the Customer will be unable to meet its payments as they fall due; or
  • 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
  • A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Privacy Act 1988

  • The Customer agrees for ATB to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by ATB.
  • The Customer agrees that ATB may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
  • To assess an application by the Customer; and/or
  • To notify other credit providers of a default by the Customer; and/or
  • To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
  • To assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years
  • The Customer consents to ATB being given a consumer credit report to collect overdue payment on commercial credit
  • The Customer agrees that personal credit information provided may be used and retained by ATB for the following purposes (and for other agreed purposes or required by):he provision of Skip Bin; and/or
  • Analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Skip Bin; and/or
  • Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
  • Enabling the collection of amounts outstanding in relation to the Skip Bin.

 

  • ATB may give information about the Customer to a CRB for the following purposes:
  • To obtain a consumer credit report
  • Allow the CRB to create or maintain a credit information file about the Customer including credit history

 

  • The information given to the CRB may include:
  • Personal information as outlined in 1 above
  • Name of the credit provider and that ATB is a current credit provider to the Customer
  • Whether the credit provider is a licensee
  • Type of consumer credit
  • Details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested)
  • Advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and ATB has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments)
  • Information that, in the opinion of ATB, the Customer has committed a serious credit infringement
  • Advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150)

 

  • The Customer shall have the right to request (by e-mail) from ATB:
  • A copy of the information about the Customer retained by ATB and the right to request that ATB correct any incorrect information; and
  • That ATB does not disclose any personal information about the Customer for the purpose of direct marketing
  • ATB will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

 

  • The Customer can make a privacy complaint by contacting ATB via e-mail. ATB will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

General

  • 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.
  • These terms and conditions and any contract to which they apply shall be governed by the laws of South Australia, the state in which ATB has its principal place of business, and are subject to the jurisdiction of the Courts in that state.
  • Subject to clause 12, ATB shall be under no liability whatever to the Customer for any indirect loss and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by ATB of these terms and conditions. In the event of any breach of this contract by ATB the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the actual Price paid by the Customer for the individual services to which the breach relates.
  • The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by ATB.
  • ATB may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
  • ATB reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which ATB notifies the Customer of such change. Except where ATB supplies further Skip Bins to the Customer and the Customer accepts such Skip Bins, the Customer shall be under no obligation to accept such changes.
  • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The failure by the Customer to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Customer’s right to subsequently enforce that provision.