ou agree and acknowledge by accepting the quote from Bagmans Skip Hire and booking a bin that you agree to the following terms and conditions as “Bagmans Skip Hire” has provided below.
You should read through the Terms and Conditions carefully and if you have any queries please contact us on 0412 539 008.
SUPPLY, LOCATION AND USAGE OF BINS
1.1. Bagmans Skip Hire will use its best endeavours to deliver and collect the bin on the date specified in the quote but may at its sole discretion deliver and/or collect the bin at such other times without notification to you.
1.2. The positioning, filling and collection of the bin is under your control and you agree not to:
1.2.1. Use or allow the bin to be used for any purposes other than the correct placement of complying waste;
1.2.2. place or allow to remain in the bin any non-complying waste, including but not limited to any liquid waste, or any waste that may be explosive, toxic, dangerous, hazardous or noxious, including acids, solvents, minerals, greases, oils, liquid concrete or asbestos;
1.2.3. fill or allow bin to be filled higher than the top of its size or in any way which may result in spillage of waste.
PLACEMENT AND COLLECTION OF BINS
2.1. You agree to have the bin ready for collection with suitable access to enable the driver to collect the bin within forty eight (48) hours of delivery or at such other time as specified in the quote as the Collection Date.
2.2. You will be responsible for the provision of free and suitable access to the delivery site including the removal and reinstatement of any obstructions and ensuring that suitable ground conditions exist for the delivery, placement and removal of the bin. No responsibility will be taken by Bagmans Skip Hire for any damage to any surface and you are required to take all steps necessary to protect such surfaces before delivery.
2.3. Bagmans Skip Hire may refuse to enter on to the site if in its sole and absolute discretion the site is not acceptable from a safety perspective.
2.4. You will not permit the bins to be removed from site by any person unless authorised in writing by Bagmans Skip Hire.
2.5. You shall be responsible to ensure the bin is sufficiently visible and appropriate warning signals are posted whilst the bin is in your possession.
2.6. If you require an extension of the collection date you must give Bagmans Skip Hire one (1) business day’s notice of such extension and you agree to pay any additional fees charged by Bagmans Skip Hire including any requirement for the extension of any permits.
RIGHTS AND RESPONSIBILITIES
3.1. If you are default of this Agreement Bagmans Skip Hire may immediately collect its bin without prior notice to you and deposit any waste in the bin on the site. It will be your responsibility to then have the waste removed and you agree to indemnify and hold Bagmans Skip Hire harmless from any claims, penalties, fees or charges that a third party may make of whatsoever nature and howsoever arising in relation to such collection of the bin and depositing of the waste on the site.
3.2. Any damage, loss, penalties or fines, including any extra tipping fees or any VicRoads overweight fines incurred by Bagmans Skip Hire in relation to the bin hire, caused by you or your employees, agents or contractors, acts, omissions or negligence shall be your responsibility and will be paid within seven (7) days of the date of invoice from Bagmans Skip Hire
3.3. Upon the driver loading the bin on to the Truck the rights to the contents of the bin shall vest in Bagmans Skip Hire, and you agree and acknowledge that you will have no claim to the waste from that time onwards.
3.4. You agree to indemnify Bagmans Skip Hire for any damage done to their bins and you will also be required to pay additional fees for any non-standard cleaning that is required due to the waste placed in the bin by you.
4.1. You agree to pay Bagmans Skip Hire either:
4.1.1. upon accepting the quote by credit card and you irrevocably and unconditionally authorise Bagmans Skip Hire to charge your credit card with such costs and any additional fees which may become payable in accordance with this Agreement; or
4.1.2. upon delivery of the bin to the job address by cash or cheque provided that in the event you are paying by cheque that the following details are
22.214.171.124. clearly endorsed on the back of the cheque:
126.96.36.199. the full name of the signatory;
188.8.131.52. the current address of the signatory;
184.108.40.206. current drivers licence number of the signatory.
220.127.116.11. You must provide a photocopy of your current drivers licence complying with your full name and current address to the delivery driver or to our office prior to delivery.
ADDITIONAL FEES AND CHARGES
5.1. You acknowledge that there may be additional fees charged by Bagmans Skip Hire such as but not limited to permit costs, overloading charges, waiting time charges, return and collection charges and interest on overdue accounts. You agree to pay such additional fees within:
5.1.1. immediately if you have paid by credit card as you have irrevocably authorised Bagmans Skip Hire to charge any additional fees as a separate transaction on your card; or
5.1.2. within seven (7) days of the date of invoice if you are paying by cash or cheque.
5.2. Heavy waste loads (i.e. 100% concrete only or dirt only) are charged at a different rate from mixed heavy waste. An extra heavy mixed fee will be quoted by our customer service representative to you by contacting them on 0412 539 008.
5.3. In the event for any reason whatsoever Bagmans Skip Hire’ drivers are required to wait beyond the normal fifteen (15) minutes to deliver or collect a bin a waiting time fee may be charged at the rate of $30.00 per quarter hour or part thereof after the first fifteen (15) minutes. If the driver is required to attend at a later time an extra fee charged at the rate of $65.00 will be payable to Bagmans Skip Hire.
5.4. In the event for any reason whatsoever Bagmans Skip Hire’ drivers are required return at a later time an extra fee charged at the rate of $65.00 will be payable to Bagmans Skip Hire.
5.5. Bagmans Skip Hire may charge the rate specified in the Penalty Interest Rate Act 1983 (Victoria) on all overdue accounts until such time as payment is made in full.
5.6. You agree and acknowledge that in the event that you are in default of any payment pursuant to this Agreement to Bagmans Skip Hire that you will be liable for all costs that are incurred by Bagmans Skip Hire in obtaining payment.
6.1. All fees as set out in this Agreement are inclusive of GST and Bagmans Skip Hire will provide you with a tax invoice.
6.2. Note: Permits do not currently attract any GST.
CANCELLATION OF HIRE
7.1. You may cancel a bin hire by providing no less than one (1) business day’s notice to Bagmans Skip Hire prior to the delivery date as specified on the quote. If less than one (1) business day’s notice is provided, a cancellation fee equivalent to 50% of the bin hire shall be due and payable to Bagmans Skip Hire.
VARIATION OF BIN HIRE
8.1. You may vary (not cancel) a bin hire by providing no less than two (2) business days notice to Bagmans Skip Hire prior to your quoted delivery date. The acceptance of the variation will be at the sole discretion of Bagmans Skip Hire and may be subject to certain additional fees if granted by Bagmans Skip Hire.
WARRANTIES AND LIMITATION OF LIABILITY
9.1. Notwithstanding anything else contained in this Agreement, Bagmans Skip Hire’ total liability to you or any third party concerning any claim relating to this Agreement or to the bin hire service will not exceed the total fees actually paid by you to Bagmans Skip Hire.
9.2. Bagmans Skip Hire will not be liable for any loss of profit or any other consequential or indirect special or punitive loss, damage or expense even if such loss, damage or expense is caused by an act, omission or negligence by Bagmans Skip Hire or its related entities.
9.3. Nothing in this Agreement will operate to exclude or modify the application of the provisions of the Trade Practices Act 1974 (Commonwealth) or the Fair Trading Act (1999) Victoria.
9.4. Where the law implies a condition or warranty which is not or could not be excluded Bagmans Skip Hire’ liability for breach of such condition or warranty is limited to:
9.4.1. the re-supply of the bin hire service to you; or
9.4.2. the payment of the cost of having the bin hire service re-supplied to you.
10.1. Liability: Whilst reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Bagmans Skip Hire nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
10.2. Copyright and Limited Reproduction Notices: The content of the website is the copyright of Bagmans Skip Hire. No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication.
10.3. Linking: The website may include links to third party sites. Bagmans Skip Hire will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using relying on or trading with third parties.
10.4. Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk.
11.1. This Agreement constitutes the entire agreement between the parties and no representation, warranties or guarantees or other terms and conditions whether expressed or implied of whatever nature not contained or recorded herein have been made or agreed to.
11.2. This Agreement is governed by and shall be interpreted in accordance with the laws from time to time enforced in the State of Victoria Australia.
11.3. If any provision of this Agreement is found to be, unenforceable, or illegal it shall be severed from this Agreement without effecting the validity, legality or enforceability of the remaining provisions (or part of those provisions) of this Agreement.