1 Definitions and Interpretation
1.1 Definitions
Within this agreement, unless the context requires, capitalised terms have the meaning given to them in the Proposal,
Additional Costs means any additional costs, expenses, losses or damages suffered or incurred by us.
Business Day means a day on which banks are open for general banking in Victoria, excluding Saturdays, Sundays and
public holidays.
Corporations Act means the Corporations Act 2001 (Cth).
Fee Variation has the meaning given in clause 3.2. Hire Period means the term and/or length of period that you will
utilise the services.
Insolvency Event means the occurrence of any one or more of the following events in relation to you:
(a) you are or state that you are insolvent or you are deemed or presumed to be insolvent under any applicable laws;
(b) an application or order is made for your winding up, bankruptcy or dissolution or a resolution is passed or any steps
are taken to pass a resolution for your winding up or dissolution;
(c) an administrator, provisional liquidator, liquidator or person having a similar or analogous function under the laws
of any relevant jurisdiction is appointed in respect of you or any action is taken to appoint any such person and the
action is not stayed, withdrawn or dismissed within 10 Business Days;
(d) a controller is appointed in respect of any of your property;
(e) you are deregistered under the Corporations Act or other legislation or notice of your proposed de-registration is
given to you;
(f) a distress, attachment or execution is levied or becomes enforceable against you or any of your property;
(g) you enter into or take action to enter into an arrangement, composition or compromise with, or assignment for
the benefit of, all or any class of your creditors or members or a moratorium involving any of them;
(h) a receiver or manager (or both) or trustee in bankruptcy is appointed in respect of you or your property;
(i) a petition for the making of a sequestration order against your estate is presented and the petition is not stayed,
withdrawn or dismissed within 10 Business Days or you present a petition against yourself; or
anything analogous to or of a similar effect to anything described above under the law of any relevant jurisdiction
occurs in respect of you.
Price means the fees/charges and price (as agreed between the parties) and additional costs incurred as a result of any
breach of your obligations which are outlined in clause 4.
Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract,
equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or
whether present, unascertained, future or contingent.
Party means a party to this agreement, and Parties
means all of them.
Personal Information has the meaning given in the Privacy Act;
Privacy Act means the Privacy Act 1988 (Cth);
Start Date means the date set out in the Agreement as the beginning of the hire period.
Skip Bin(s) and Trailer means any waste bin, mobile/ trailer or other waste disposal equipment provided to you.
Services means the service provided by us of hiring out skip bin and trailer to you.
1.2 Interpretation
In this agreement, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) headings are for convenience only and do not affect interpretation;
(c) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or
annexure, as the case may be, of this agreement;
(d) if any act which must be done under this agreement is to be done on a day that is not a Business Day then the act
must be done on or by the next Business Day;
(e) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations,
Confidential Page 3 of 7
replacements or re-enactments from time to time;
(f) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(g) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or
statutory body or authority or other legal entity and vice versa;
(h) includes and similar words mean includes without limitation;
(i) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would
otherwise benefit from it;
(j) a reference to a party to an instrument includes that party’s executors, administrators, successors, permitted
assigns and persons substituted by novation from time to time;
(k) a reference to this agreement or any other instrument includesthe instrument, allschedules and all annexures as
novated, amended, supplemented, varied or replaced from time to time;
(l) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them severally.
(m) a reference to time is to local time in Victoria,
Australia; and
(n) a reference to $ or dollars refers to Australian Dollars/ currency.
2 Commencement
(a) This agreement takes effect on and from the Start Date. No cancellations will be accepted by us after the Start
Date, other than in accordance with clause 3.2.
(b) We will proceed with the provision of the Services within a reasonable time after the later of:
(1) the Start Date;
(2) the satisfaction of any other conditions precedent contemplated by this agreement.
3 Our obligations
3.1 Services
(a) In consideration of your payment of the Fee, we will provide the Services in accordance with this agreement.
(b) If this agreement expresses a time within which the Services are to be provided, you acknowledge and agree that
any such time is an estimate only and does not obligate us to provide the Services by that time.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will
have no Liability, for any works, services, goods, materials or items which:
(1) do not form part of the Services, as expressed in this agreement; or
(2) have not been provided by us.
This clause 3.1(c) willsurvive the termination or expiry of this agreement.
3.2 Variations
(a) Subject to clause 3.2(b), you may request a variation or change to the Services (length of hire
and date of hire), by providing notice to us, with details of the variation or change.
(b) If a variation is requested less than 72 hours prior to the start date for the Services, a cancellation fee of 100% of
the Services charge, may be charged by us to you.
(c) Despite anything to the contrary:
(1) we will not be obliged to vary or change the Services, including the timing for the provision of the Services,
(A) we confirm:
(a) we accept the variation or change; and
(b) the effect of the variation or change, including to the price (Price Variation),
(B) the price has been adjusted to reflect the Price Variation; and
(2) without limiting and in addition to clause 4.2(b)(1), where:
(A) the Services are varied or changed, or the costs of providing the Services increase; and
(B) the cause of that variation, change or increase relates to, or is connected with, an event or circumstance
beyond our reasonable control,
you must pay us the additional costs and expenses we suffer or incur as a debt due and immediately payable
to us.
4 Your obligations
4.1 General
(a) You must comply with:
(1) this agreement;
Confidential Page 4 of 7
(2) ourreasonable requests orrequirements; and
(3) all laws.
(b) Should we need to implement the use of skip bin tracking at any point during your hire, you accept and permit
this to occur.
(c) The load limit for our skip bins is 500kg (4m Standard skip), 800kg (4m Heavy Skip), 400kg (2m Mini Skip). Skips
returned ‘overloaded’ may be weighed and a charge of $0.45 per 1 kilogram will be applied (“overload fee”). The
overload fee is not a penalty and is a reasonable estimate of our likely extra costs of administrative & tipping fees.
(d) The following materials are considered hazardous and not acceptable by us: Batteries, mattresses, medical and/ or
radioactive waste, oil filters, oil, grease, paint, acids, asbestos, liquid/s and tyres. T h e Incorrect disposal of
asbestos or other dangerous materials may lead to criminal prosecution. Soil containing fire ants should also be
excluded from our skip bins. You are liable for any cost related to the disposal of asbestos or fire ants.
(e) You agree that you are liable for any fines incurred while in possession of our skip bins and trailer & that these
are payable immediately on request.
(f) Once delivered, you agree that you will not attempt to move the mobile skip bin and/or trailer from their placed
position. You will contact us as soon as possible if the skip bin and trailer is involved in an accident.
(g) You must provide as identity a valid Drivers Licence and credit card (or one other form of ID). You agree that
details of these documents may retained by us.
(h) You agree to pay full costs for the replacement of parts and / or repairs to our skip bin and trailer should the skip
bin and/or trailer be subjected to damage or theft of parts during the period of hire. These parts/ repairs will be
undertaken by our representative as seen necessary.
(i) You will ensure that the skip bin and trailer will not be used for any illegal purpose;
(j) The skip bin and trailer are the property of us and you at no time have right, title or interest in the skip bin and
trailer except that it is hired to the you for the disposal of waste.
(k) The skip bin and trailer must be made available for pickup by us at the end of the hire period stipulated on the
hire agreement.
(l) We reserve the right solely at our discretion to extend the period of hire up to 48 hours maximum by telephone
prior to the expiry of the agreement.
(m) The normal advertised daily hire rate will become payable if you fail to return a trailer at the end of the agreed
hire period. This rate may be charged daily until the costs of the trailer are recovered.
(n) The replacement value of the skip bin and trailer hired is $9,600. You agree to this value as part of acceptance of
this agreement.
(o) You agree that you will not tow or attempt to move the skip bin and trailer at any time throughout the term of
this agreement.
(p) Should we need to take legal action to recover the skip bin and/or trailer, repair costs or any value of the skip bin
and trailer then you agree to pay any associated court cost’s and/or solicitor’s fees required to take take legal
(q) You agree that you will not sell or attempt to sell, sub-let, rent, mortgage, assign, encumber, create or allow to be
created any interest over our skip bin and trailer.
(r) If you provided us a Credit Card for payment, you authorise us to charge your credit card with any additional
charges including, but not limited to the following:
(1) Fees or charges related to overloading, loading forbidden items, tolls and/ or fines, extended hire,
parking offenses, any damage or loss, recovery costs, transport costs, legal expensesincurred in the
Confidential Page 5 of 7
loss/ damage or recovery of skip bin and trailer.
(s) You agree that one of our representatives can enter any premises where the skip bin and trailer may be located
for the purpose of taking repossession of the skip trailer.
4.2 Payment
(a) You must pay us:
(1) the Fee upon delivery of the skip bin and trailer to the delivery address; and
(2) any other amount payable to us under this agreement.
(Payment Terms)
(b) If any payment has not been made in accordance with the Payment Terms, where the payment is more than 7 days
overdue, we may (at our absolute discretion):
(1) immediately cease providing the Services, and recover as a debt due and immediately payable from you, our
Additional Costs of doing so;
(2) charge interest at a rate equal to the
Reserve Bank of Australia’s cash rate from time to time plus 5% per annum, calculated daily and compounding
monthly, on any such amounts unpaid after the due date;
(3) engage debt collection services and/or commence legal proceedings in relation to any such amounts; and/or
(4) report you to any independent credit data agencies.
4.3 Assistance
(a) You must provide all assistance which we request to enable us to comply with our obligations under this agreement
or at law.
4.4 Warranty
You warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or
provided by or on behalf of us, whether before or after the Start Date.
4.5 Survival
This clause 5 willsurvive the termination or expiry of this agreement.
5 Pricing
(a) The Fee may be increased on 1 July each year upon written notice to you.
(b) Any change in the Fee will take effect from the next billing cycle following such change.
6 Payment
(a) The standard methods of payment of all fees under this agreement are via bank transfer or credit card.
(b) As updated from time to time, a transaction fee applies if paying by credit card.
(c) Unless specified otherwise by us in writing you must pay the price and any other amounts payable upon delivery
of the skip bin and trailer to the delivery address.
7 Privacy
(a) We are responsible for the collection, use, storage and otherwise dealing with Personal Information related to
our delivery of the service/s. We will deal with personal/private data as per our privacy policy available on our
8 Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate Liability arising from or in connection with this agreement (including the Services
and/or the subject matter of this agreement) will be limited to, and must not exceed, the portion of the Fee
paid by you to us for the Services the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including
anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss ofsavings
(including anticipated savings) and loss of reputation. whether under statute, contract, equity, tort
(including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you
release and discharge us from all Liability, arising from or in connection with any:
(1) loss of, or damage to, any property or any injury to, or death of, any person;
(2) damage to your reputation;
(3) failure or delay in providing the Services; or
Confidential Page 6 of 7
(4) breach of this agreement or any law, where caused or contributed to by any: event or circumstance
beyond ourreasonable control; or act or omission of you or anyone else.
(c) You agree that, to the maximum extent permitted by law, this agreement excludes all terms, conditions and
warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and
warranties are fully expressed in this agreement.
(d) This clause willsurvive the termination or expiry of this agreement.
9 Termination
(a) This agreement will terminate immediately upon written notice by:
(1) either Party, if mutually agreed in writing between the Parties;
(2) us, if you are in breach of this agreement and that breach has not been remedied within five Business Days
of being notified by us;
(3) us, if you are subject to an Insolvency Event; or
(4) you, if we are in breach of a material term of this agreement and that breach has not been remedied or
overcome within 15 Business Days of being notified by you.
(b) In the event that you terminate this agreement under clause 9 within the Term, you must pay to us early
termination costs equivalent to the loss caused to us as a consequence of you terminating this agreement within
the Term.
(c) Termination of this agreement will not affect any rights or liabilities which a Party has accrued under it.
(d) Upon termination of this agreement, you will:
(1) where this agreement is terminated under clauses 9(a)(1) to 9(a)(3)(inclusive), pay:
(A) the Fee in full; and
(B) all Additional Costs resulting from the termination of this agreement,
to us as a debt due and immediately payable;
(2) where this agreement is terminated under clause 9(a)(4), immediately pay the Fee and all other amounts due
and payable to us, as if an invoice had been issued by us to you under clause 5.2 on the date of termination;
(3) not disparage or otherwise make any unfavourable statements or comments regarding us or our
Personnel, either directly or by implication, verbally or in writing;
(4) immediately return to us all property, belonging to us;
This clause willsurvive the termination or expiry of this agreement.
10 General
10.1 Representations
You represent and warrant to us:
(a) you have full legal capacity and power to enter into this agreement, to perform your obligations under this
(b) you are not subject to an Insolvency Event;
(c) this agreement constitutes legal, valid and binding obligations, enforceable in accordance with its terms; and
(d) the execution and performance by you of this agreement and each transaction contemplated by it does not
conflict with any law, order, judgment, rule or regulation applicable to you or any instrument binding on you.
10.2 Notices
(a) A notice or other communication given under this agreement must be:
(1) in writing, in English and signed by the sender; and
(2) addressed and delivered to the intended recipient by hand, prepaid post or email in accordance with the
notice details last notified by the recipient to the Parties.
(b) A Party’s notice details are set out in this agreement. A Party may change its notice details by written notice to the
other Parties.
(c) A notice or communication is taken as having been given:
(1) when left at a Party’s current address for
(2) if mailed, on the third Business Day after posting (if delivered to an address within the same country) or on
the tenth Business Day after posting (if delivered to an address within another country); or
(3) if sent by email, if sent before 5pm on a Business Day in the place of receipt then on the Business Day when it
is sent, otherwise on the following Business Day.
Confidential Page 7 of 7
10.3 Waiver
Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this agreement does
not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver
must be in writing.
10.4 Powers, rights and remedies
Except as provided in this agreement or permitted by law, the powers, rights and remedies of a Party under this
agreement are cumulative and in addition to any other powers, rights and remedies the Party may have.
10.5 Consents or approvals
Except as provided in this agreement, a Party may give, attach conditions to or withhold any consent or approval under
this agreement at its sole and absolute discretion. A Party is not obliged to give reasons for giving or withholding its
consent or approval or for giving its consent or approval subject to conditions.
10.6 Assignment
(a) We may assign, transfer or deal with all or any of our rights or obligations under this agreement without your prior
written consent.
(b) You may not assign, transfer or otherwise deal with all or any of your rights or obligations under this agreement
without our prior written consent.
10.7 Further assurance. Any purported dealing in breach of this clause is of no force or effect.
Each party must promptly do all things and execute all further instruments necessary to give full force and effect to this
agreement and their obligations under it.
10.8 Costs & expenses
Each party must pay its own costs and expenses (inclusive of legal costs) in connection with the negotiation,
preparation & execution of this agreement and any instrument relating to it.
10.9 Relationship of parties
This agreement is not intended to create a partnership, joint venture or agency relationship between the Parties.
Nothing in this agreement gives a Party authority to bind the other Party in any way.
10.10 Independent legal advice
Each party acknowledges and agrees that it has had an opportunity to read this agreement. It agrees to its terms and,
prior to executing it, it has been provided with the opportunity to seek independent legal advice about its terms.
10.11 Severance
(a) If a provision of this agreement is held to be void, invalid, illegal or unenforceable, that provision must be read
down as narrowly as necessary to allow it to be valid or enforceable.
(b) If it is not possible to read down a provision (in whole or in part), that provision is severed from this agreement
without effecting the validity or enforceability of the remainder of that provision of the other provisions in this
10.12 Entire Agreement
This agreement contains the entire understanding between the Parties, and supersedes all previous discussions,
communications, negotiations, understandings, representations, warranties, commitments and agreements in respect
to its subject matter.
10.13 Amendment
This agreement may only be amended by written instrument executed by all Parties.
10.14 Counterparts
This agreement may be executed in any number counterparts that altogether will form one instrument.
10.15 Governing law & jurisdiction
This agreement is governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive
jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any
right to object to proceedings being brought in those courts.