TERMS AND CONDITIONS OF SKIP BIN HIRE
This Agreement is between JACS Bins and the hirer of the skip bin, now known as “The Customer”.
JACS Bins agrees to provide the Customer the designated Skip Bin for the duration of the Customers needs, or for a reasonable time period for the Customer to complete their task. A reasonable time period is represented as 7 days after delivery to the Customers designated address, after which time JACS Bins may apply additional charges.
CHARGE AND PAYMENT
The Customer must pay JACS Bins the agreed price (including GST) for the designated Skip Bin ordered. This payment is required prior to any services rendered. Additional charges may be payable for non-conforming waste, non-allowable items or waiting time at the Customers site which is incurred by no fault, delay or cause of JACS Bins. Additional charge items are viewable on our website https://jacsbins.com.au/
PERFORMANCE OF SERVICE
JACS Bins will perform Skip Bin delivery and collection services on any given business day between the hours of 7:00am and 5:00pm and at its discretion will perform services outside these hours and within the noise and traffic legislation set out by the relevant governing body. On occasion where service cannot be safely performed JACS Bins reserves the right to refuse service. Safety concerns include (but are not limited to) insufficient space, uneven or unstable ground, overloaded bins, damaged or broken bins (where damage has occurred after delivery), bins filled unevenly.
The Customer acknowledges that each Skip Bin remains the property of JACS Bins at all times.
The Customer agrees to :
– not compact waste
– not relocate Skip Bins once placed
– not use the Skip Bins for any unintended activity
– not remove Skip Bins from site for any reason
– not deface or otherwise damage our Skip Bins
– reimburse for cost of repairs required while in the Customers possession
– indemnify JACS Bins in respect to all claims, suits, and demands for damages caused directly or indirectly to any person or property (including the Customer) by, or in connection with the use of our Skip Bins
– inform JACS Bins if the Skip Bin is damaged, in dangerous condition or in need of repair – grant JACS Bins exclusive rights to the removal from the Site of the types of Waste agreed by the Customer
– not to allow any other Skip Bin/Waste Removal Operator to use a Skip Bin from JACS Bins for removal services during the term of this Agreement
– at its own expense, obtain all required consents and approvals and comply with all local regulations relating to the provision of a Skip Bin for this Agreement
– take responsibility for any and all fines, charges, fees or any expenses incurred in relation to the delivery, placement and usage of the Skip Bin for this Agreement
– comply with all reasonable directions given by JACS Bins.
The Customer warrants the ground surfaces traversed by JACS Bins vehicles on and at the Site are suitable for the purpose of the delivery and collection of Skip Bins and acknowledges JACS Bins will not be liable for any damages except in case of gross negligence by JACS Bins.
The Customer will use the Skip Bin for only the intended waste as per the Allowable Items displayed for each Skip Bin on our website JACS Bins will only collect the Skip Bin if a visible inspection of the waste meets that of the waste in the Agreement. If the waste is identified as something other than within the Agreement JACS Bins may, at its discretion : – not collect the Skip Bin – request the Customer sort the waste accordingly – adjust the Charged for disposal of the waste in the Skip Bin
All skips have an allowable weight limit of 300kg per m3 included in the quoted price. Weight exceeding 300kg/m3 will be charged at an additional pro rata rate of $0.185/kg ($185.00/tonne)
JACS Bins will rely on information provided by the Customer with respect to Site access. The Customer must ensure that there is unobstructed and safe access for JACS Bins to perform the Services.
DELIVERY LOCATION APPROVAL
The Customer is solely responsible for obtaining permission from the relevant person, entity or authority (i.e. Council, Body Corporate/Strata Manager) if the Skip Bin is to be placed on a communal or public site or any other location which in the circumstances requires the permission of a third party. If the relevant approval documents cannot be produced by the Customer, JACS Bins may refuse to complete the delivery and charge a futile delivery fee which is based on our Hourly Waiting Time charge and is calculated at a Base-to-Base rate.
JACS Bins will deliver the Skip Bin to the Site within a reasonable time from the date of the Agreement.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law the Customer will be responsible for all liabilities, claims, damages, actions, costs and expenses which may be incurred by JACS Bins as a result of or arising out of any breach by the Customer of any of the terms, warranties, covenants or conditions of this Agreement. The Customer will be responsible for any loss or damage to JACS Bins’ property Skip Bins occasioned as a result of or in connection with the Customers use of our equipment. The Customer will be responsible for any claim or action which may be bought against JACS Bins, its employees or agents in respect of personal injury or death of any person and for any other claims whatsoever made against JACS Bins as a result of or in connection with the use of our equipment.
JACS Bins may assign or novate its rights and obligations under this Agreement to a related corporate body or company without the consent of the Customer. The Customer may not assign or novate its rights and obligations under this Agreement without the prior written consent of JACS Bins (such consent not to be unreasonably withheld). This Agreement is subject to the laws of the State where the Services are provided and the parties submit to the jurisdiction of the courts of that State. Any provision of this Agreement which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of this Agreement. If the person authorising this Agreement is doing so on behalf of the Customer which is a corporation or other entity, that person hereby warrants that he/she is duly and legally authorised to execute and enter into this Agreement on behalf of the Customer. The Customer acknowledges and agrees that this Agreement may be amended from time to time at JACS Bins’ discretion and the amended agreement will have full force and effect between the parties on the thirtieth (30th) day following the provision of written notice of the amended Agreement to the Customer.