These Terms and Conditions serve as our Customer Service Agreement (this Agreement) dated as at the date of the accepted quote and/or online Booking Form (as completed by the customer) between: Parties Kelvin Fish (trading as “Coastal Skip Hire”, “our”, “us” or ) (ABN 78 330 208 053), and the Customer being the person or company (“You” or “Your”) who/which has requested our skip bin hire services.
You agree and acknowledge that by accepting the quote and/or booking a bin from Coastal Skip Hire, you agree to be bound by the following terms and conditions as “Coastal Skip Hire” has set out below.
Please read the Terms and Conditions and confirm you have done so on our online booking form. All questions/queries can be answered by calling Kelvin on 0430 977 947. Alternatively you can refer to our website www.CoastalSkipHire.com and read our FAQ’s.
1.1. Coastal Skip Hire will attempt to deliver and collect the bin on the date specified in the booking form 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/responsibility and you agree not to:
1.2.a. Endanger our vehicles and/or operator by requesting that they drive on ground/driveways not suitable to withstand a heavy vehicle (we will always attempt to park on your property, as and where you instruct. It is YOUR responsibility to ensure that our vehicle will not get stuck or damaged on your land. Due to the fact we cannot be expected to know how strong your driveway/ground may be, we must rely upon your instruction. Any damage or repair costs that arise to our vehicle, your ground or your property will be YOUR responsibility should we encountered issues as a result of your instruction when on your land/property).
1.2.b. Use/allow the bin to be used for any purposes other than the correct placement of fulfilling waste management;
1.2.c. 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; IF IN DOUBT LEAVE IT OUT!
1.2.d. 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.
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 booking form 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 Coastal Skip Hire for any damage to any surface and you are required to take all steps necessary to protect such surfaces before delivery or collection.
2.3. Coastal 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 or moved on site, by any person unless authorised in writing by Coastal 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 Coastal Skip Hire one (1) business days’ notice of such extension and you agree to pay any additional fees charged by Coastal Skip Hire including any requirement for the extension of any permits we may have organised for you.
3.1. The Customer acknowledges that the Customer may forfeit any rights if any, he may have against the Supplier if:
3.1.1. The Hire Bin is used for any other use to which the Hire Bin is not intended for and/or not in accordance with any applicable instructions and/or Hire Rules;
3.1.2. Any alteration to the Hire Bin is carried out other than in accordance with this Agreement.
3.2. The Customer is responsible for ensuring the suitability of the Hire Bin(s) for his intended use.
3.3.You will ensure when placing Orders that there is sufficient information to enable the Coastal Skip Hire to execute the skip bin hire.
3.4. Coastal Skip Hire takes no responsibility if the specifications provided by you are wrong or inaccurate and you will be liable in that event for the expenses incurred by the Coastal Skip Hire for any work required to rectify the hire.
3.5. You are responsible for ensuring that Coastal Skip Hire is made aware of any special requirements pertaining to the hire and Coastal Skip Hire relies upon the integrity of the information supplied.
3.6. Coastal Skip Hire takes no responsibility and will not be liable for any damages or costs as a consequence of insufficient or inaccurate information provided by you.
3.7. Coastal Skip Hire takes no responsibility for representations by a third party.
3.8. You acknowledges and agree that Coastal Skip Hire shall not be liable for and you release Coastal Skip Hire from any loss incurred as a result of delay or failure to provide the Hire Bins or Associated Services including Tipping Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond Coastal Skip Hires reasonable control.
4.1. If you are default of this Agreement Coastal 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 Coastal 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.
4.2. Any damage, loss, penalties or fines, including any extra tipping fees incurred by Coastal Skip Hire in relation to the skip 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 Coastal Skip Hire.
4.3. Upon the driver loading the bin on to the Truck the rights to the contents of the bin shall vest in Coastal Skip Hire, and you agree and acknowledge that you will have no claim to the waste from that time onwards.
4.4. You agree to indemnify Coastal 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 or your employees, agents or contractors, acts, omissions or negligence.
5.1. You agree to pay Coastal Skip Hire either:
5.1.1. upon accepting the quote by credit card and you irrevocably and unconditionally authorise Coastal Skip Hire to charge your credit card with such costs and any additional fees which may become payable in accordance with this Agreement; or
5.1.2. Upon delivery of the bin to the job address by cash/card
6.1. You acknowledge that there may be additional fees charged by Coastal 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:
6.1.1. immediately if you have paid by credit card as you have irrevocably authorised Coastal Skip Hire to charge any additional fees as a separate transaction on your card; or
6.1.2. Within seven (7) days of the date of invoice if you are paying by cash/bank deposit (special agreements will dictate the rules of these for regular/contract work).
6.2. 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 to you by contacting Kelvin on 0430 977 947.
6.3. In the event for any reason whatsoever Coastal 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 $20.00 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 Coastal Skip Hire.
6.4. in the event for any reason whatsoever Coastal Skip Hire’ drivers are required return at a later time an extra fee charged at the rate of $65.00 will be payable to Coastal Skip Hire.
6.5. You agree and acknowledge that in the event that you are in default of any payment/account pursuant to this Agreement to Coastal Skip Hire that you will be liable for all costs that are incurred by Coastal Skip Hire in obtaining payment.
7.1. All fees as set out in this Agreement are inclusive of GST and Coastal Skip Hire will provide you with a tax invoice.
8.1. You may cancel a bin hire by providing no less than one (1) business days’ notice to Coastal Skip Hire prior to the delivery date as specified on the quote. If less than one (1) business days’ notice is provided, a cancellation fee equivalent to 50% of the bin hire shall be due and payable to Coastal Skip Hire.
9.1. You may vary (not cancel) a bin hire by providing no less than two (2) business days’ notice to Coastal Skip Hire prior to your quoted delivery date. The acceptance of the variation will be at the sole discretion of Coastal Skip Hire and may be subject to certain additional fees if granted by Coastal Skip Hire.
10.1. Notwithstanding anything else contained in this Agreement, Coastal 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 Coastal Skip Hire.
10.2. Coastal 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 Coastal Skip Hire or its related entities.
10.3. Nothing in this Agreement will operate to exclude or modify the application of the provisions of the Trade Practices Act 1974 (Commonwealth)
10.4. Where the law implies a condition or warranty which is not or could not be excluded Coastal Skip Hire’ liability for breach of such condition or warranty is limited to:
10.4.1. The re-supply of the skip bin hire service to you; or
10.4.2. The payment of the cost of having the bin hire service re-supplied to you.
11.1. 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 Coastal 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).
11.2. Copyright and Limited Reproduction Notices: The content of the website is the copyright of Coastal 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.
11.3. Linking: The website may include links to third party sites. Coastal 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.
11.4. Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk.
12.1. 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.
12.2. This Agreement is governed by and shall be interpreted in accordance with the laws enforced in Queensland Australia.
12.3. 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.