Rental Agreement Terms and Conditions

 

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer unless otherwise agreed by Gone To Waste and the Customer in writing. Gone To Waste agrees to hire a skip bin/s to the Customer on terms set out in this document. If the Customer wishes to hire a skip bin/s the Customer must complete and sign a Hire Schedule and such other documents as Gone To Waste may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Gone To Waste and the Customer. Gone To Waste may in its absolute discretion decline to hire a skip bin/s to the Customer at any time if it has reasonable cause to do so.

Amendment: These Hire Contract Conditions may be changed by Gone To Waste from time to time. By Gone To Waste giving notice of the amendment to the Customer. Notice is deemed given (whether or not actually received) when Gone To Waste does any of the following:

(a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; or

(b) publishes the amended terms on its website www.gonetowaste.com.au.

Interpretation of Words in this Contract;

Acceptance – Any instruction received by Gone To Waste from the Customer for the hire of a skip bin/s and/or the Customer’s acceptance of a skip bin/s supplied on hire by Gone To Waste shall constitute acceptance of the terms and condition contained herein.

Commencement – The date when the Customer takes possession of a skip bin/s.

Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire a skip bin/s.

Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Gone To Waste agrees. Gone To Waste may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.

Hire Schedule – Means a document which Gone To Waste may require the Customer to sign (or accept in a way Gone To Waste requires) including particulars of a skip bin/s and the Hire Period and such other information as Gone To Waste may decide to require.

Gone To Waste – The company or companies listed on the Hire Schedule.

2.0 Gone To Waste Obligations. Gone To Waste will:

2.1 Allow the Customer to use a skip bin/s for the Hire Period;

2.2 Provide a skip bin/s to the Customer clean and in good working order;

2.3 Collect the skip bin/s within 5 days of being requested to do so by the Customer.

3.0 Obligations of the Customer. The Customer must:

3.1 Satisfy itself at Commencement that the skip bin/s is/are suitable for its purposes;

3.2 Operate the skip bin/s safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Gone To Waste or posted on the skip bin/s;

3.3 Indemnify Gone To Waste for all injury and/or damage caused or contributed to by the Customer to persons and property in relation to the skip bin/s and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the skip bin/s;

3.4 Ensure that the skip bin/s are not moved to another location.

3.5 Conduct a thorough hazard and risk assessment before using the skip bin/s;

3.6 Safely secure all items loaded in the skip bin/s, and indemnify Gone To Waste in respect of any injury and/or damage caused by items falling from the skip bin/s operated by or on behalf of the Customer;

3.7 Report and provide full details to Gone To Waste of any accident or damage to the skip bin/s within 1 business days of the accident or damage occurring.

4.0 The Customer must NOT;

4.1 Tamper with, damage or repair the skip bin/s;

4.2 Lose or part with possession of the skip bin/s;

4.3 Rely upon any representation relating to the skip bin/s or its operation other than those contained in this Contract;

4.4 Allow any person to drive a Motor Vehicle if the person:.

4.5 Exceed the recommended or legal load and capacity limits of the skip bin/s;

4.6 Use or carry any illegal, prohibited or dangerous substance in or on the skip bin/s.

5.0 Payments by the Customer to Gone To Waste

5.1 On or before Commencement (or as otherwise specifically agreed with Gone To Waste), the Customer will pay the Hire Charge.

5.2 Gone To Waste reserves the right to change in the event of a variation to the quotation or agreed price.

6.0 NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the skip bin/s;

6.1 the full cost of repairing any damage to the skip bin/s caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;

6.2 all costs incurred by Gone To Waste in delivering and recovering possession of the skip bin/s;

6.3 any additional Hire Charges;

6.4 any expenses and legal costs (including commission payable to a commercial agent) incurred by Gone To Waste in enforcing this Contract due to the Customers default;

6.5 if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.

7.0 Breach of Hire Contract by Customer

7.1 If the Customer breaches any clause whatsoever of this Contract, or becomes bankrupt, insolvent or ceases business then;

7.2 Gone To Waste shall be entitled to:

7.3 terminate this Contract; and/or

7.4 sue for recovery of all monies owing by the Customer; and/or

7.5 repossess the skip bin/s (and is authorised to enter any premises where the skip bin/s is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.

7.6 The Customer indemnifies Gone To Waste in respect of any damages, costs or loss resulting from a breach by the Customer of any provision of this Contract.

7.7 Title

7.8 The skip bin/s is and will at all times remain the absolute property of Gone To Waste

7.9 The Customer is not authorised to pledge Gone To Waste credit for repairs to the skip bin/s or to create a lien over the skip bin/s in respect of any repairs.

8.0 Disputes

8.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Gone To Waste in writing within 24 hours of the Hire Contract date. In the event that no communication is received from the Customer within that 24 hour period, the Hire Charges are deemed to be accepted by the Customer.

9.0 Privacy

9.1 Gone To Waste will comply with the Australian Privacy Principles in all dealings with Customers.