Skips 365

SKIPS 365 STANDARD TERMS AND CONDITIONS

The following terms and conditions apply to any agreement between YF Waste Services Pty Ltd A.B.N. 19 617 856 112 of 12 Sheridan Close, Milperra NSW 2214 (Skips 365) and any customer (Customer, You or Your) nominated on any tax invoice or quotation or trade contract issued by Skips 365.
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 Skips 365.

1 Defined Terms
Account means the credit account as approved by Skips 365.
Additional Fees means any additional fees charged or chargeable by Skips 365 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 Skips 365 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 Skips 365 arising from Your failure to comply with this Agreement.
Agreement includes the terms and conditions set out in the Quote and within this document.
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 Skips 365’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 Skips 365.
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.
Fees means the fees payable to the Skips 365 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 Skips 365.
Quote means any quotation for the provision of the Services to you by Skips 365 and includes the specification of rates, bin size and waste type as included on any Skips 365 tax invoice delivered to You.
Skip means a Waste container provided by Skips 365 which forms part of the Services.
Skip Services means the services requested by You and referred to in the Quote.
Skips 365 means YF Waste Services Pty Ltd A.B.N. 19 617 856 112.
Waste means the waste, rubbish and other refuse deposited by in the Skip.
Website means www.skips365.com.au.
You means the person or entity submitting the request for Services to Skips 365 and each of your contractors, employees, agents and persons under your control or direction.

2 Services
2.1 Skips 365 will provide the Skip and the Services which are set out in the Quote to You in accordance with these terms and conditions.
2.2 The Services include the delivery to your nominated address of a skip bin requested by you and its removal from that address.

3 Fees and charges
3.1 You will pay to Skips 365 upon the acceptance of the Quote and prior to the performance of the Services by Skips 365 the Fees payable and, for the avoidance of doubt you will also pay within 7 days of invoicing any Additional Fees reasonably charged by Skips 365;
3.2 You irrevocably and unconditionally authorise Skips 365 to charge Your Credit Card for the Fees and for any Additional Fees which may subsequently become payable in accordance with the Quote and this Agreement.
3.3 If Your payment of Fees is not received or is rejected on or after the date of the Quote, and delivery of the Skip has not taken place, this Agreement is deemed to be terminated.
3.4 Should you be indebted to Skips 365 for any charges or become liable to pay Fees to Skips 365 you agree to pay Skips 365:
(a) interest on all outstanding Fees and charges at a rate of 8% per annum calculated daily and You agree that such interest is a genuine pre-estimate of Skips 365’s loss and damage arising from your failure to pay for the Services under this Agreement. Payments received will be credited firstly against any accrued but unpaid interest and then to the amount owed for the Services; and
(b) Skips 365’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;
3.5 Skips 365 shall be entitled to list Your payment default/s with the Credit Reference Association of Australia or other relevant credit reference organisation.

4 GST
4.1 All Fees and Additional Fees referred to in a Quote are inclusive of GST.
4.2 Skips 365 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 You may only cancel or vary the Services after You accept the Quote by giving Skips 365 not less than 48 hours prior written notice as calculated from the delivery date nominated by You for delivery of the Skip.
5.2 If You vary or cancel the Services and give Skips 365 less than 48 hours written notice, Skips 365 reserves the right to charge a Cancellation Fee or Variation Fee of up to 15% of the Fee in the Quote.

6 Use of Skips
6.1 You assume all risk and liability for any damage to the Skip during the period commencing with delivery of the Skip until its collection by Skips 365.
6.2 You must not and must ensure that no one else:
(a) damages the skip;
(b) lights fires or burns or allows fires or the burning of Waste in the Skip;
(c) places or allows to be placed in the Skip or included in the Waste any liquids or any explosive, toxic, dangerous, hazardous, noxious materials or any other environmentally unfriendly substance including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete;
(d) fills or allows any Skip to be filled 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; or
(e) use or move or allow any Skip to used or moved to any other location in contravention of this Agreement or any Law involving a penalty, or for any illegal purpose whatsoever or for any purposes not expressly agreed or reasonably anticipated by the Accepted Quote or the terms of this Agreement.

6.3 You agree to:
(a) make the Skip(s) available for Collection on any collection date nominated by You or nominated in any Quote (or any date for Collection as agreed to by Skips 365);
(b) give Skips 365 not less than three (3) business days’ notice of any desired extension of the Collection date;

6.4 Skips 365 may at any time repossess any Skip or Skips supplied without prior written notice to You if:
(i) you fail to make any payments due to Skips 365 by their due date;
(ii) the Skip is illegally parked or if, in Skips 365’s opinion it is being used, or has been used, in contravention of any Law or any term of this Agreement or it appears to Skips 365 that the Skip has been abandoned.

6.5 Risk in the Skip will remain with You and the hire Fees will continue to accrue until Skips 365 accepts receipt of the Skip. Skips 365 will not accept receipt of the Skip from you if it is damaged or not at the address specified for its collection.

7 Rights on non-delivery
Other than as specified in this Agreement and clause 16, if Skips 365 does not deliver the Skip on the date specified in the Accepted Quote, Skips 365 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 Warranties
8.1 Skips 365 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 Indemnity
9.1 Skips 365 will indemnify You against all Claims for personal injury and damage to property only if such injury or damage is directly caused or contributed to by the negligent or wilful acts or omissions of Skips 365.
9.2 You irrevocably agree to indemnify and hold harmless Skips 365 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.

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 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 Skips 365 other that what has been expressly stated within the Quote and this Agreement.

11 Limitation on Liability
11.1 Despite any other provision in this Agreement, Skips 365’s liability to You or any third party for any Claims relating to the performance or non-performance of the Services or this Agreement, will be limited to the Fees paid by You to Skips 365 or to the re-supply of the Services.
11.2 Skips 365 specifically excludes any liability to You or to any third party for loss of profit or any other consequential, indirect, incidental or special loss, damage or expenses.
11.3 Nothing in this Agreement will operate to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 or the Consumer Law.

12 Risk and Title
12.1 You will be liable to Skips 365 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 Termination
14.1 Without limiting the generality of any other clause in this Agreement, Skips 365 may terminate this Agreement immediately by notice in writing if:
(a) You are in breach of any term of this Agreement and in the opinion of Skips 365 such breach is not capable of being remedied;
(b) You are in breach of any term of this Agreement which in the opinion of Skips 365 is capable of being remedied but which in the opinion of Skips 365 is not so remedied within 7 days of notice being given by Skips 365 to you to rectify that breach;
(c) You commit an Act of Insolvency; or
(d) You cease or threaten to cease to conducting any business operated by you in the normal manner.
14.2 In the event of such termination under clause 14.1, You must pay Skips 365 for all Fees incurred prior to the effective date of termination.

15 Privacy
Any details You provide Skips 365 will be handled in accordance with the Skips 365 privacy policy, which can be found on the Website.
16 Force Majeure
16.1 If, for any reason beyond the reasonable control of Skips 365, Skips 365 is unable to perform, in whole or in part, any of the Services or any other obligation under this Agreement, Skips 365 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 Skips 365 to perform its obligations due a force majeure event exceeds 7 days, Skips 365 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 Skips 365 for all Fees and charges incurred prior to the effective date of termination.

17 Changes to Agreement
Skips 365 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. Skips 365 may amend any agreed trade contract rates for Skip Services by giving 30 days’ notice of amendment of such rates on the Website.

18 Severability
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.

19 Waiver
The failure, delay or omission by Skips 365 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 Notice
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.

21 Survival
Clauses 5, 9, 10,11,12 and 13 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.

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.

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