1.0  Prior to Customers Ordering Using Eastern Bin Hire's Services:  

 

      Before Customers order a Bin Hire - Bin from Eastern Bin Hire, they argee to read these terms and               conditions and to fully endorse and follow these Terms and Conditions. If Customers Do Not agree with       these Terms and Conditions, they agree Not To Oder a Bin Hire - Bin with Eastern Bin Hire;

 

2.0  Eastern Bin Hire's Service

 

      Eastern Bin Hire agree to : -

•  Deliver Customers agreed Bin Hire Size on an agreed date

•  Pick Up the Bin Hire - Bin on the agreed Date

•  Dispose of all meterials loaded into the bin, at an approved waste disposal facility. Any non complying  or prohibited waste will either be returned to the Customer, or Charged to the Customer after the waste  disposal bill has been settled by Eastern Bin Hire; 

 

3.0  Eastern Bin Hire Fees and Charges

 

3.1  Standard Bin Hire duration is 3 full days not counting the delivery day, pick up is on the 4th day;

3.2  The Customer agrees to pay for the bin hire service in full, prior to bin hire service being provided to the       Customer, or the Customer may pay for the bin hire upon delivery of the bin hire - bin to the agreed             address, on the agreed date.

3.3  All Specified Fees and Charges are inclusive of the GST

3.4  The Customer agrees to reimburse Eastern Bin Hire for any additional Fees and Charges they may occur       due to Customers: -

•   Overloading the bin hire bin with weight, volume or both weight and volume;

•   Failing to pre pay for tyres of either car, motorcycle, 4x4, light truck, truck, tractor, fork lift, earth             moving  equipment etc tyres;

•   Failing to pre pay for mattresses of any type or size;

•   Any Landfil Sites, Tansfer Station additional costs or fines for the illegal disposal of "Prohibited Waste"     at their facility, as well as for any clean up costs to properly remove and dispose of the illegal                 prohibited waste material;

 

4.0  Additional Charges

 

4.1  Customers shall Eastern Bin Hire for the following Additional Charges: -

 (a) Additional Charges to cover tipping fees, or special tipping fees, excess weight tipping fees (when bin         hire weight limit has been exceeded by the Customer), all fees and handling charges and costs inccurred       by Eastern Bin Hire for the removal and proper disposal of "Prohibited Waste Materials, or types of               materials which are placed into the bins which will incurre additionalk costs and expenses, by the                 landfill site, transfer station etc, where the materials and bin hire - bin contents are disposed of by             Eastern Bin Hire. 

 (b) Excess Retrieval or Delivery Carges. If Estern Bin Hire cannot deliver or retrieve the Bin Hire - Bin, for           whatever reason, due to lack of site access at the time and agrred date.

 (c)  The Additional Charges for the purpose of the clause in section 4.1;

 

5.0  Payment 

  

5.1  The Customer Agrees to pay the Specified Fees under this agreement to Eastern Bin Hire at either: -

 (a)  At the time the order has been placed and processed; or

 (b)  Upon delivery of the bin hire - bin on the agreed date of the bin hire delivery.

5.2  The Customer shall pay Eastern Bin Hire upon personal notification by phone.

5.3  Payment shall be made by the Customer by credit card over the phone. The Customer irrevocably and           unconditionally authorises Eastern Bin Hire to charge their credit card for the amount of the specified           fees undewr this agreement and for any additional charges, in accordance with the GST Legislation.

5.4  Eastern Bin Hire will email or deliver at the agreed date of the bin hire delivery, a tax envoice for fees         and additional charges upon request, in accordance with the GST Legislation.

5.5  Payment of the Specified Charges, Fees and Additional Fees to Eastern Bin Hire, shall act as a good and       effective discharge for the relevant fees owing to them;

 

6.0  Customer Obligations 

 

      The Customer Acknowledges and Agrees to : -

 (a) to use the skip bin in a Reasonable and Sensible manner;

 (b) to bear Responsibility and Liability for the skip bin, for any Loss, Dameage or Destruction, while under         the Care, Custody and Control of the Customer;

 (c) to render the skip bin to Eastern Bin Hire on the collection date, in the same state and condition as             when the Skip Bin was delivered to the Customer, subject to fair wear and tear;

 (d) to ensure the Skip Bin is ready and available for collection, on the agreed collection date;

 (e) that the legal title of the Skip Bin does not pass or vest in the Customer at any time;

 (f) the Customer shall not encumber or charge the Skip Bin in any way whatsoever;

 (g) no interest whatsoever, is created or confired in the delivered Skip Bin to the Customer;

 (h) to only use the Skip Bin for the depositing of Specific Waste Materials;

 (i)  without limiting the indemnities under these terms to assume all liability and responsibilities for the           delivered Skip Bin, including trespass on to land, public or private naiusance, injury, death, penalties or       fines, in the event the Skip Bin has been delivered on a footpath, road or lane, public or private property

      not owned by the Customer; 

 (j) to assume liability and responsibility for all materials and objects loaded into the Skip Bin by any person      whatsoever, including persons not authorised by the Customer;

 (k) that Eastern Bin Hire shall not be liable for the tort conversion, detinue or trespass to goods for the            disposal or removal of any goods or materials placed inside the Skip Bin and is hereby indemnified of          such liability from the Customer for the Customer itself and for any claim or action made or commenced        by any third party;

(l)  title in the contents of the Skip Bin remain with the Customer where the contents of the Skip Bin contain      Prohibited Materials or Prohibited Bin Hire Materials until and if Eastern Bin Hire properly dispose of such      contents;

(m) where (l) applies above, Eastern Bin Hire may at its absolute discretion dispose or return all of the Skip       Bin contents to the Customer or at the Site Address or return the Skip Bin with the contents to the Site       Address with additional charges applying until such time as Eastern Bin Hire is able to collect the Skip         Bin in an empty and clean state; 

 

7.0  Restrictions On the Use of Eastern Bin Hire's - Skip Bins

 

      While the Skip Bin is in the Care, Custody and Control of the Customer, the Customer shall not: -

 (a) directly or indirectly allow or place any Prohibited Materials into the Skip Bin at any time;

 (b) allow the burning of materials, fire, or allow any fires or burning inside or outside of the Skip Bin;

 (c) excessively Overload the Skip Bin with waste materials whereby the waste materials protrude higher             than the top of the Skip Bin or do not fully fit within the confines of the Skip Bin;

 (d) allow the Skip Bin to be relocated, moved or allow the Skip Bin to be moved or relocated from the site         address unless expressely authorised in writting by Eastern Bin Hire;

 (e) to use the Skip Bin for any illegal purpose which contrevenes this agreement or any law;

 (f) to use the Skip Bin for any other purpose other than that disclosed by the Customer and expressly              agreed to by both parties and which maybe reasonably anticipated by this agreement; 

 

8.0   Cancellation or Variation of  Order

 

8.1  The Customer may Cancel or Vary the Order providing Eastern Bin Hire are given at least hours notice.

8.2  In the event the Order has been Cancelled by the Customer less than 4 hours notice, the Cancellation         Fee will be $50 and payable to Eastern Bin Hire.

8.3  In the event the Customer wishes to vary an order pursuant to this clause 8, the granting oif the                 variation sought is up to the absoulte disgression of Eastern Bin Hire,and maybe subject payment and         additional fees and charges for changing the Servuice required and other reasonable costs of Eastern Bin        Hire.

8.4  The Customer acknowledges and accepts that it will not be entitled to a refund of any fees and charges        paid in respect of a cancelled service whereby the Customer has failed to give adequate notice of the          cancellation or variation in accordance with this clause 8.

8.5  Eastern Bin Hire may cancel the Customers order at any time prior to the Scheduled Delivery Date in           circumstances where Eastern Bin Hire are unable or incapable of supplying or delivering the Skip Bin, or         provide the Service on the date or time required by the Customer; and or

8.6  In the event the order has been cancelled by Eastern Bin Hire, the Customer will be entitled to a full           100% refund of any moneys paid in advance in respect to the cancelled order, unless otherwise agreed         to in writing and otherwise shall have or incurr no further liabilities.

8.7  Eastern Bin Hire may cancel this Agreement at any time without prejedice to its rights under this                 agreement including Delivery / Collection Charges upon where Eastern Bin Hire upon attending the Site         Address determines that access is restricted or not permitted, the Gradient at the Site Address is               Dangerous or there are dangerous circumstances including circumstances that could pose occupational         health and safety issues to the persons in the vicinity of the suggested delivery point.

8.8  Eastern Bin Hire is hereby authorised to terminate this Agreement and authorised to empty the                   contents of the Skip Bin on the Site Address at the sole risk of the Customer in the event the Skip Bin         contains Prohibited Materials, has materials loaded beyond the height and capacity of the Skip Bin; has       materials protruding from the Skip Bin or the Specified Fees have not been paid prior to the delivery of         the Skip Bin.

 

9.0  Risk

 

9.1  Subject to fair wear and tear, the Customer shall bear full responsibility and be liable for all loss,                damage or destruction to the Skip Bin whilst the Skip Bin is nin the care, custody or control of the                Customer.

 

10.0  Site Access And Conditions

 

10.1  The Customer is responsible for ensuring reasonable access to the Site Address and ensur the delivery         point for the Skip Bin is freely and accessable for the delivery and collection and the Customer shall             ensure that all nessecary consents have been obtained for the delivery, placement, storage and                   removal of the Skip Bin at the Site Address. 

10.2  Eastern Bin Hire accepts no reponsibility whatsoever for any damage caused to the ground, surface,             road, path or passage of the Site Address or the location designated near or in proximity to the Site             Address for the delivery and placement of the Skip Bin and the Customer should ensure the conditions         including the access heights are suitable for the placemment and delivery of the Skip Bins.

 

11.0  Assignability

 

        This Agreement shall not be assigned by the Customer without the consent in writting by Eastern Bin           Hire.

 

12.0  Indemnities By Customer

 

       The Customer shall be responsible for and shall indemnify Eastern Bin Hire against liability for all loss,        damage or injury to Eastern Bin Hire arising or caused by the Customers breach of these terms or the          Customer's use, custody and control of the Skip Bin howsoever caused (excepting attributed damage            caused by the neglegence of Eastern Bin Hire) by the Customer, the Customer's employees, the                  customer's sub contractors, the Customer's agents and unauthorised third parties.

 

13.0  Compliance With The Law and Accosiated Indeminities

 

       Throughout the continuence of this Agreement the Customer shall conform at its own cost and expense        with both Acts of Federal and State Parliment and all Regulations, Bylaws, Ordanences or Orders made        thereunder and the lawful of any Public, Municipality or other authority so far as the same may effect or        apply to the Customer and the Customer shall indemnify Eastern Bin Hire from and against all actions,        cost, charges, claims and demands in respect thereof.

 

14.0  Implied Statutory Terms and Limitations of Losses

 

14.1  To the extent he permissible by law the operation of any implied statutory term or terms are hereby             excluded.

14.2  Where the Skip Bin Services, if any, provided by Eastern Bin Hire by this Agreement are not of a kind           ordinarily acquired for personal, domestic or household use or consumption then in the event Eastern           Bin Hire are in breach of this Agreement, or is liable for loss or damage, Eastern Bin Hire will not be             liable for any consequential loss including consequential loss including economic loss and the liability           of Eastern Bin Hire to the Customers shall be limited to as Eastern Bin Hire may decide: -

 (a)   the supply of the Service again;

 (b)   the supplying of equivilent goods or services; or

 (c)   the payment of the cost of having such services supplied again.

 

15.0  Interpretation

 

        "Additional Charges" are the charges referred to in clause 4.1

        "Additional Weight Charges" are charges payable where the weight of the refuse and materials                  placed into the delivered Skip Bin exceed the prescribed weight for such Specified Skip Bin. 

        "Collection Date" means the agreed date and day the Skip Bin will be picked up by Eastern Bin Hire.

        "Delivery Date" means the agreed date and day the Skip Bin is to be placed at the agreed Site                     Address

        "Delivery Period" means the date commensing the Delivery Date and terminating at the agreed                   Collection Date.

        "Excess Loading Fees" means additional fees payable for the materials place in or on the bin which           are either, to high or protrude from the Skip Bin.

        "Excess Retrieval Fees" means additional costs per day or part thereof for the licensed use of                    delivered Skip Bin extrending beyond the initially Agreed Collection Date to a date that the Skip Bin is          resonably available for collection, excluding Sundays! 

        "GST" means Goods and Services Tax - 10% on all services provided by Eastern Bin Hire, GST is                    included in all Eastern Bin Hire's Pricing structures.

        "Prohibited Materials" means and includes: -

        (a) any liquids;

        (b) any explosive materials or combinations of materials or substances which creates explosive                        materials by chemical reactions;

        (c) dangerous, toxic, hazardous and noxious materials including but not limited to asbestos, acids,                    solvents, chemicals, paints, oils, medical biological wastes, needles, syringes etc;

        (d) radio active materials; and or

        (e) materialks or substances otherwise as reffered to as such on the Web Site, at the time this                        Agreement is entred into; or

        (f)  materials placed in the Specified Skip Bin not conforming to the Waste Type.

        "Restricted Delivery / Collection Fees" being additional fees or costs unnecessarily incurred or                    sustained by Eastern Bin Hire by reasons of no or restricted access to the Site Address or for                      delivery and or collection of the Skip Bin or where delivery or collection would otherwise occur in                  dangerous circumstances or as on a dangerous gradient as determined by Eastern Bin Hire upon                  seeing the Site Address. 

        "Skip Bin" means a waste bin receptacle commonly used for the deliveryto Customers on a specialist            use truck, disposal of materials and refuse in such receptacle and the collection and disposal of                  materials of such receptacles at a proper waste disposal facility using the specialist use truck.

        "Specified Fees" the fees prescribed on the website at the time of entering into this agreement or                otherwise quoted by Eastern Bin Hire for the provision of the service after taking into account or                  specified for: -

         (a) the size and type of the Specified Skip Bin;

         (b) the Site Address;

         (c) the Delivery Period;

         (d) the Waste Type 

        "Site Address" means the address location for the delivery of the Skip Bin as agreed by both parties.

        "Specified Skip Bin" means the type and size of the Skip Bin as agreed between the parties.

        "Specified Waste Materials" means the Waste Type but excludes Prohibited Materials.

        "Waste Type" means the type of waste as agreed between the parties for disposal in the Skip Bin              and otherwise reffered to and described on the website for each type of Waste Type.

        "Website" means the website of Eastern Bin Hire with web address: - www.easternbinhire.com.au