1.1. This is a contract made between:
1.1.1. North-West Ag Pty Ltd ACN 674 656 812, trading as ‘Trail a Skip’ (hereafter called ‘we’, ‘our’, or ‘us’); and
1.1.2. The customer, being the person or company (hereafter called ‘you’ or ‘your’) who/which desires to use our skip and skip services.
- Skip services
2.1. We will:
2.1.1. provide you with a skip for the limited purpose of collecting waste in the skip at an address nominated by you;
2.1.2. then provide you with services by collecting the skip, full of waste, and attending to the lawful dumping of the waste for you.
2.2. In consideration of the above, you will pay us fees as set out in this agreement.
3.1. We will provide you with a quote for the use of our skip and skip services.
3.2. You will accept our quote by agreeing to it either orally, in writing, or by accepting the skip and the skip services.
3.3. When you agree to our quote:
3.3.1. you agree to these terms and conditions;
3.3.2. acknowledge that, in addition to our quote, additional fees may become payable to us, in accordance with this agreement;
3.3.3. you irrevocably authorise us to charge any credit or debit card that you provided for our quote and for any additional fees which may become payable in accordance with this agreement;
3.3.4. acknowledge and agree that we may charge you interest on any outstanding fees at the agreed rate of 9% per annum and agree that such interest is a genuine pre-estimate of our damage for your late payment.
4.1. Our quote is based on you filling the skip with 1000kg of the type of waste identified in the quote.
4.2. If you overfill the skip we will charge you additional fees at the rate of $15 per 100kg.
4.3. If you fill the skip with a type of waste other than the type of waste identified in the quote:
4.3.1. we will charge you additional fees at the rate of $100 per 100kg;
4.3.2. you indemnify us for any additional dumping charges.
4.4. If the skip is not ready to be removed by us when we come to collect it in accordance with this contract, we will charge you additional fees at the rate of $40 per 24HR interval.
4.5. If, because you have overfilled the skip, we are required to repossess or empty the skip in an unusual way, we will charge you additional fees rate of $60 per hour and you indemnify us for our costs in unusually repossessing or emptying the skip.
4.6. Extra traveling charges will apply when the skip has to be delivered further away of 25 kilometres from the CBD of each of the cities and towns where we operate.
5.1. We consent to you terminating this contract with us, only if:
5.1.1. you provide us notice in writing of your intention to terminate this contract at the following email address [email protected]; and
5.1.2. that notice is received by us more than 48 hours prior to the date the skip is agreed to be delivered by us to you; and
5.1.3. you agree that we charge you 15% of our quote.5.2. We do not consent to you terminating this agreement in any other way.
- Your warranties
6.1. While the skip is in your possession or control you must not:
6.1.1. light or allow fires to burn in it;
6.1.2. place any materials in it that are liquid, explosive, toxic, dangerous, hazardous, or noxious including specifically, but without limitation, asbestos, acids, solvents, grease or liquid concrete;
6.1.3. fill the skip higher than the top of its sides or in any manner that may result in spillage from the skip while in reasonable transit;
6.1.4. use or allow the skip to be used for any illegal purpose.
6.2. You agree:
6.2.1. to make the skip available for collection on the collection time provided in the quote;
6.2.2.to us retaking possession of the skip immediately and without notice to you if it is illegally parked, abandoned, or in our opinion, it is being used or has been used in contravention of any term of this agreement, including irrevocably allowing us to enter your property for that purpose;
6.2.3. that in entering into this agreement you have not relied on any representation other than those contained within this agreement;
6.2.4. that to the fullest extent permitted by law, we have not made any express or implied warranties, representations or agreements with you, except those expressly contained in this document and the quote.
6.2.5. that you indemnify us against any claim resulting from or relating to:
22.214.171.124. the provision of skip services or your use of the skip except to the extent the claim results from or relates to any breach of this agreement or any negligence or willful act by us;
126.96.36.199. any personal injuries (including sickness and death) to the extent they result from any negligent or willful act on your part;
188.8.131.52. any misuse, modification or damage to the skip;
184.108.40.206. any incorrect classification of waste, or contamination from waste or damage flowing therefrom.
- Limitation of liability
7.1. Despite any other provision hear in our total liability to you or any third party concerning any claims made by you or any third party (including claims in negligence) relating to the performance or non-performance of this agreement will not exceed the fees actually paid by you to us under this agreement.
7.2. To the fullest extent permitted by law, you agree that we will not be liable for any loss of profit, savings or revenue or interest or any other consequential, indirect, incidental, special or punitive loss, damage or expense.
8.1. For the avoidance of doubt, at no time will title in the skip be transferred to you and you are prohibited from encumbering the skip in any way.
9.1. We may terminate this agreement at any point, without notice, if you:
9.1.1. breach an essential term of this contract;
9.1.2. breach a term of this contract and do not remedy the breach, within three days of us asking you to remedy the breach; or
9.1.3. commit an act of insolvency.
9.2. If we terminate this contract in accordance with this clause you must still pay us for any fees incurred prior to the time of termination.
9.3. You irrevocably agree that, if we terminate under this clause, we may enter your property for the limited purpose of repossessing the skip.
10.1. Any provision in this agreement which is void, illegal or unenforceable does not affect the validity, legality or enforceability of any other clause in this agreement.
11.1. The failure, delay or omission by us to exercise a power conferred by this agreement will not operate as a waiver of that power, and any single exercise of the power will not preclude another exercise of that power or the exercise of another power under this agreement.
- Governing Law
12.1. The governing law for this agreement is the law of the states of New South Wales and Queensland and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and/or Queensland.