CONDITIONS OF USE
1. Definitions of parties involved in transaction
1.1 "CPS" shall mean Stadbook pty ltd trading as Cut Price Skips or any person acting on behalf of and with the authority of Stadbook pty ltd trading as Cut Price Skips.
1.2 "Client" shall mean the client (or any person acting on behalf of and with the authority of the client) as described on any quotation, work authorization or other form as provided by CPS to the Client.
1.3 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the client on a principal debtor basis.
1.4 "Services" shall mean all services supplied by CPS to the client (and where the context so permits shall include any supply of a skip) and includes any advice or recommendations.
1.5 "Skip" shall mean the skip bin supplied on hire by CPS to the client and is as described on the invoices, quotation, or any other work authorization forms as provided by CPS to the client.
1.6 "Price" shall mean the price payable for the services as agreed between CPS and the client.
2. Acceptance for supply of services from CPS
2.1 Any instructions received by CPS from the client for the supply of services and/or the clients acceptance of services supplied by CPS shall constitute acceptance of the terms and conditions contained in this document.
2.2 Upon acceptance of these terms and conditions by the client the terms and conditions are binding and can only be amended with the written consent of CPS.
2.3 Services are supplied by CPS only on the terms and conditions of trade in this document. No variations to these terms and conditions may be made by the client.
3. Price And Payment
3.1 At CPS sole discretion the price shall be as indicated on invoices provided by CPS, or CPS current price as at the date of the delivery of the skip.
3.2 Payment shall be due on delivery of the skip.
3.3 If prior consent has been granted to the client by an employee acting on behalf of CPS for payment to be made on pick up of the skip, full and final payment must be made on pick up of that service. Failure to do so will incur a charge of $10 per day and the skip will not be picked up until the full payment including any extra charges are received by CPS.
3.3 Payment will be made by cash, cheque or by credit card (plus a surcharge of 2% for Visa & Mastercard)
4. Delivery of Services
4.1 Delivery of the services shall take place when the client takes possession of the services at their nominated address.
4.2 The cost of delivery is included in the price of the skip in Canberra and Queanbeyan. For areas outside of these, a delivery fee may be charged. Please contact our office for further details.
4.3 The client shall make all arrangements necessary to take delivery of the skip whenever they are tendered for delivery. In the event that the client is unable to take delivery of the services as arranged then CPS shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the services to a third party nominated by the client is deemed to be delivery to the client for the purposes of this agreement.
4.5 In order for CPS to deliver the services, the client is required to provide CPS with clear and free access to the nominated site.
4.6 While every attempt will be made for the skip to be delivered to the specific location requested by the client at their nominated address the final delivery placement will be at the sole discretion of CPS employee.
4.7 The failure of CPS to deliver shall not entitle either party to treat this contract as repudiated.
4.8 CPS shall not be liable for any loss or damage whatsoever due to failure by CPS to deliver the services (or any of them) promptly or at all where due to circumstances beyond the control of CPS.
4.9 The loading and unloading of a skip from CPS truck may damage your concrete driveway, pavement, pathway, grass, tree branches or surface, including any underground watering system. While all care is taken CPS does not accept any responsibility for any damage caused as a result of our loading and unloading of the skip.
5. Weight allowance and heavy bin charges
5.1 Each skip hire has a weight allowance of 150 kilograms per cubic meter included in the
initial price of the skip. The following allowances apply:
- 2 cubic meter skip weight allowance 300 kilograms,
- 3 cubic meter skip weight allowance 450 kilograms,
- 4 cubic meter skip weight allowance 600 kilograms,
- 6 cubic meter skip weight allowance 900 kilograms,
- 9 cubic meter skip weight allowance 1350 kilograms.
5.2 If when the skip is unloaded, the appropriate weight allowance is exceeded the client will be liable for the extra cost of disposing of the waste.
6. Recyclable loads
6.1 Concrete, brick, soil, greenwaste and metal are recyclable materials and therefore attract a substantial reduction in the cost of disposal per tonne. In order for a load to be classed as recyclable it must only contain one type of material. For example a skip should only contain concrete, or only brick or only soil. If this type of material is mixed with general rubbish it is no longer classed as recyclable and general waste tip fees will apply which the client will be liable for.
7. Hire Period and Extension charges
7.1 Hire charges shall commence from the time the skip is delivered by CPS and will continue until the collection of the skip by CPS.
7.2 If the client wishes to extend their hire period they must do so by contacting CPS office at least 24 hours prior to the scheduled pick up. Extension periods are charged at $10 per day or $50 per 7 days.
7.3 If the client wishes to extend the hire period without prior notice and with CPS employee on site for pick up, a travel charge of $50 will apply in addition to the extension charges as stated in 4.2 of these terms and conditions.
7.4 The client acknowledges that CPS may (at their sole discretion) increase these charges at any time, without providing notice to the client.
8.1 The client acknowledges that the skip shall not exceed the rim (water level capacity) in order for the safe transport of the skip. In the event the skip is overloaded or items are stored over capacity, CPS shall, at their sole discretion, refuse the removal of the skip until the client has rectified such overloading or CPS may leave behind the overloaded portion. An additional fee of $50 plus $10 per day is charged for overloaded bins that CPS cannot transport off site.
9.1 CPS always remains the rightful owner of the skip nonetheless all risk for the skip passes to the client on delivery.
9.2 The client accepts full responsibility for the safekeeping of the skip and indemnifies CPS for all loss, theft, or damage to the skip 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 client.
9.3 The client will insure, or self insure, CPS's interest in the 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 the client will not use the skip nor permit it to be used in such a manner as would permit an insurer to decline any claim.
9.4 The client accepts full responsibility for and shall keep CPS 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 during the hire period however arising and whether or not arising from any negligence, failure or omission of the Customer or any other persons.
10. Dangerous Items
10.1 Unless otherwise agreed in advance in writing with CPS, the client or his authorised agent shall not use the skip to store or dispose of any explosive, flammable or otherwise dangerous or illegal items.
10.2 The client acknowledges that:
(a) the skip shall not be used to dispose of asbestos, gas bottles, fuel cans containing fuel, household chemicals and liquids;
(b) wet paint is under no circumstances suitable for disposal. If paint is wet, remove lid for paint to dry and then place in the skip;
(c) household waste must be placed in garbage bags prior to being stored in the skip.
11. Clients Responsibilities
11.1 The client shall:
(a) prior to delivery of the skip, disclose to CPS the details of the items to be stored in the skip and/or disposed of by CPS.
(b) notify CPS immediately by telephone of the full circumstances of any accident to or from the skip. The Customer is not absolved from the requirements to safeguard the skip by giving such notification.
(c) satisfy itself at commencement that the skip is suitable for its purposes;
(d) use the skip only for its intended purpose, and in accordance with any manufacturer's instruction whether supplied by CPS or posted on the skip;
(e) comply with all occupational health and safety laws relating to the skip and its operation;
(f) on termination of the hire, ensure the skip is clean and in good order as delivered, fair wear and tear accepted, prior to the repossession of the skip by CPS;
(g) keep the Bin in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the skip ;
(h) not alter or make any additions to the skip including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the
skip or in any other manner interfere with the skip;
(i) not permit the skip of any part thereof to be used by any other party for any other purpose;
(j) not fix any of the skip in such a manner as to make it legally a fixture forming part of any freehold.
11.2 Immediately on request by CPS shall pay:
(a) the new list price of any skip that is for whatever reason destroyed, written off or not returned to CPS;
(b) all costs incurred in cleaning the skip;
(c) all costs of repairing any damage caused by the ordinary use of the skip up to an amount equal to 10% of the new list price of the skip;
(d) the cost of repairing any damage to the skip caused by the negligence of the client or the clients agent;
(e) the cost of repairing any damage to the skip caused by vandalism, or (in CPS reasonable opinion) in any way whatsoever other than by the ordinary use of the skip by the client.
12.1 The skip is and will at all times remain the absolute property of CPS.
12.2 If the client fails to return the skip to CPS then CPS or CPS agent may enter upon and into land and premises owned, occupied or used by the client, or any premises where the skip is situated as the invitee of the client and take possession of the skip, without being responsible for any damage thereby caused.
12.3 The client is not authorised to pledge CPS credit for repairs to the skip or to create a lien over the skip in respect of any repairs.
13.1 No Warranty is provided by CPS in respect of the condition of the skip or its fitness for any particular purpose. The client shall indemnify and hold harmless CPS in respect of all claims arising out of use of the skip.
14. Default & Consequences of Default
14.1 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 CPS sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.2 In the event that the clients payment is dishonoured for any reason the client shall be liable for any dishonour fees incurred by CPS.
14.3 If the client defaults in payment of any invoice when due, the client shall indemnify CPS from and against all costs and disbursements incurred by CPS in pursuing the debt including legal costs on a solicitor and own client basis and CPS collection agency costs.
14.4 Without prejudice to any other remedies CPS may have, if at any time the client is in breach of any obligation (including those relating to payment), CPS may suspend or terminate the supply of services to the client and any of its other obligations under the terms and conditions. CPS will not be liable to the client for any loss or damage the client suffers because CPS has exercised its rights under this clause.
14.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($30.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($300.00)) shall be levied for administration fees which sum shall become immediately due and payable.
14.6 Without prejudice to CPS other remedies at law CPS shall be entitled to cancel all or any part of any order of the client which remains unfulfilled and all amounts owing to CPS shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to CPS becomes overdue, or in CPS opinion the client will be unable to meet its payments as they fall due; or
(b) the client 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
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the client or any asset of the client.
15. Security And Charge
15.1 Despite anything to the contrary contained herein or any other rights which CPS may have howsoever:
(a) where the client and/or the guarantor (if any) is CPS of land, realty or any other asset capable of being charged, both the client and/or the guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to CPS or CPS nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The client and/or the guarantor acknowledge and agree that CPS (or CPS nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should CPS elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the client and/or guarantor shall indemnify CPS from and against all CPS costs and disbursements including legal costs on a solicitor and own client basis.
(c) the client and/or the guarantor (if any) agree to irrevocably nominate constitute and appoint CPS or CPS nominee as the clients and/or guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 16.1.
16.1 CPS may cancel any contract to which these terms and conditions apply or cancel delivery of services at any time before the services are delivered by giving written notice to the client. On giving such notice CPS shall repay to the client any sums paid in respect of the Price. CPS shall not be liable for any loss or damage whatever arising from such cancellation.
16.2 In the event that the client cancels delivery of services the client shall be liable for any loss incurred by CPS (including, but not limited to, any loss of profits) up to the time of cancellation.
17. Privacy Act 1988
17.1 The client and/or the guarantor/s agree for CPS to obtain from a credit reporting agency a credit report containing personal credit information about the client and guarantor/s in relation to credit provided by CPS.
17.2 The client and/or the guarantor/s agree that CPS may exchange information about the client and the guarantor/s with those credit providers either named as trade referees by the client or named in a consumer credit report issued by a credit reporting agency for the
(a) to assess an application by the client; and/or
(b) to notify other credit providers of a default by the client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the client is in default with other credit providers; and/or
(d) to assess the credit worthiness of client and/or guarantor/s.
17.3 The client consents to CPS being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
17.4 The client agrees that personal credit information provided may be used and retained by CPS for the following purposes and for other purposes as shall be agreed between the
client and CPS or required by law from time to time:
(a) provision of services; and/or
(b) marketing of Services by CPS, its agents or distributors in relation to the services; and/or
(c) analysing, verifying and/or checking the clients credit, payment and/or status in relation to provision of services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the client and/or
(e) enabling the daily operation of clients account and/or the collection of amounts outstanding in the clients account in relation to the services.
17.5 CPS may give information about the client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the client.
18.1 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.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Australian Capital Territory (ACT) and are subject to the jurisdiction of the courts of ACT.
18.3 CPS shall be under no liability whatever to the client for any indirect loss and/or expense (including loss of profit) suffered by the client arising out of a breach by CPS of these terms and conditions.
18.4 In the event of any breach of this contract by CPS the remedies of the client shall be limited to damages which under no circumstances shall exceed the price of the services.
18.5 The client shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the client by CPS.
18.6 CPS may license or sub-contract all or any part of its rights and obligations without the clients consent.
18.7 CPS 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 CPS notifies the client of such change.
18.8 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.
18.9 The failure by CPS to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect CPS right to subsequently enforce that provision.
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