TERMS AND CONDITIONS
In this agreement:
‘Booking Form’ means the form completed by the Renter on the Economy Website;
‘Confirmation Summary’ means the confirmation summary produced on the Economy website in response to the Booking Form;
‘Economy’ means Economy Waste Group Pty Ltd ABN 92 147 868 120 of 3 Bowen Crescent, West Gosford and its substitutes, successors and permitted assigns;
‘Economy Website’ means the internet website www.economywaste.com.au operated by Economy;
“Location” means the place where the Renter will use the Skip;
‘Rental period’ means the period beginning on the date set out set out in the Confirmation Summary as the Skip Delivery Date and ending on the date set out in the Confirmation Summary as the Skip Collection Date or, if the Skip are stolen or damaged beyond repair, the date on which Economy advises the Renter that it will accept that the Skip have been stolen or damaged beyond repair;
‘Renter’ means the person named as such in this Agreement;
‘Skip’ means skip bin for the collection and removal of rubbish described in the Confirmation Summary and any replacement for same and includes all accessories and other equipment;
2. Rental of Goods
Economy agrees to rent the Skip to the Renter for the rental period and the Renter agrees to take the Skip on hire for that period and to pay the rental charge set out in the Confirmation Summary for that rental period, together with any applicable GST, on the terms and conditions set out in this agreement. The Renter is entitled to use the Skip for the rental period and for any agreed extension of the rental period. The Renter must make the Skip available for Economy to collect at the end of the rental period.
- Economy will deliver the Skip to the location on the Skip Delivery Date;
- The Location must provide a level surface for the placement of the Skip. The Renter must provide written details of any particular requirements in respect of the delivery and placement of the Skip at the Location.
4. Rental Payments
The Renter agrees to pay to Economy: –
- the amount of the rental charge set out in the Confirmation Summary for the Skip for the rental period, together with any applicable GST.
- any other amounts set out in the Booking Form calculated as set out in the Booking Form and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Renter’s hiring of the Skip.
- cost of replacement of any portion of the Skip or equipment (in particular flashing lights) lost or stolen while the Skip is at the Location.
- any extra costs resulting from overloading or incorrect loading of the Skip by the Renter or any other person whilst the Skip is at the Location.
- any extra costs incurred by Economy in complying with the requirements or directions of any statutory or other authority.
- interest at the rate specified in the Booking Form on any amount due by the Renter under this agreement which is not paid on or before the due date.
- The Administrative Charge specified in the Booking Form for each week in which any amount due by the Renter remains unpaid. The Renter authorises Economy to complete any documents necessary or desirable to enable the Renter to make any payments through any credit card system.
5. Renter’s warranties
The Renter warrants that:
- the particulars in the Booking Form are correct in every respect and are not misleading in anyway including, without limitation, by omission;
- in selecting the Skip the Renter has not relied on Economy’s skill and judgment or on any representations made by or on behalf of Economy and agrees that the Skip complies with its description and is fit for the Renter’s purpose;
- that he has informed Economy of the existence and Location of any pipes, pits, underground surfaces or the like at the Location which may be damaged during the delivery, use and removal of the Skip;
- that he has inspected the Skip and has satisfied himself as to its condition, quality and fitness for his purpose;
- that he is solvent and that, except as disclosed in writing to Economy, there is no litigation, administrative or other proceedings before any court or government authority or agency or other tribunal initiated or threatened against the Renter which would or might materially affect the Renter’s ability to pay monies due under this Agreement.
6. Renter’s obligations
The Renter will:
- at all times keep and maintain the Skip in proper working order and condition and in good and substantial repair, fair wear and tear accepted;
- report any damage to, or loss of, the Skip to Economy immediately such damage or loss occurs;
- not, without the prior written consent of Economy, make any replacement, alteration or addition of any nature to the Skip;
- ensure that, if the Skip is left unattended in a place to which the public has access, that it is properly covered to avoid material being dislodged, removed or falling from the Skip;
- comply in all respects with all applicable laws, regulations, requirements and rules relating to the safe and lawful use of the Skip;
- permit Economy to have access to the Location and to the Skip at all reasonable times to inspect the state of repair of the Skip, the use of the Skip and to do any act, matter or thing which may reasonably be required to give proper effect to the terms of this Agreement or to protect Economy’s rights.
- indemnify Economy against any claim or loss (including legal costs) which Economy incurs resulting from any breach of this Agreement or of the Renter’s Warranties and from any liability arising as a result of such breach, including but not limited to liability for injury caused to any driveway, pavement, path, curbing, pipe, pit, cover or underground services as a result of any act of either the Renter or Economy in respect of this Agreement;
- not place or allow to be placed in the Skip any food waste, liquids, explosive, toxic, dangerous, hazardous or toxic materials or any other substance which might cause environmental damage, including but not limited to asbestos, acids, solvents, paints, minerals, greases, liquid concrete, tyres, gas bottles or spray cans, and, if the Permitted Use stated in the Confirmation Summary is for general waste, palm trees;
- if the Permitted Use stated in the Confirmation Summary is for green waste or general waste, not place or allow to be placed in the Skip any items which will not be accepted at the nearest council operated landfill site to the location;
- If the Renter has advised Economy that the Skip will be used for removal of asbestos, the Renter must follow guidelines provided by Economy as to the correct procedure for placing and wrapping asbestos in the Skip and must obtain all approvals from appropriate authorities for such removal and comply with all requirements by all such authorities.
- not fill or allow the Skip to be filled higher than the top of its sides or in such manner that may result in spillage of materials from the Skip either whilst stationary or in transit.
- not move or allow the Skip to be moved from the Location.
- The Renter agrees to use the Skip at the Renter’s risk. Economy will have no responsibility or liability for any loss or damage to any property of the Renter or to any other person to the full extent permitted by law, the Renter releases and discharges Economy and its agents and employees from: –
(a) all claims and demands on the Renter, and
(b) any loss or damage whatsoever and whenever caused to the Renter or his agents or employees, whether to person or to property or otherwise;
arising directly or indirectly from or incidental to the use or operation of the Skip.
- The indemnities and assumptions of liability contained in clause 6 and in this clause 7 will continue in full force and effect not withstanding the termination of the Agreement.
8. Default and Termination
- Economy can terminate this Agreement immediately if the Renter: –
(a) commits any act of default;
(b) is in breach of any term of this Agreement and does not remedy that breach within seven (7) days of being required to do so by written notice by Economy.
- On termination of the Agreement, Economy can retake possession of the Skip and the Renter must pay Economy all monies due under this Agreement without the need for demand.
- Each of the following events is an act of default: –
(a) If the Renter fails to pay rent or other monies payable under this Agreement, on or before the due date;
(b) if the Renter fails to perform or observe any of its obligations under this Agreement or the provisions of this Agreement;
(c) if in the reasonable opinion of Economy, the Renter is insolvent or likely for any reason not to pay rent or other payments due under this Agreement on or before the due date;
(d) if the Renter ceases actively to occupy the Location or, in the reasonable opinion of Economy abandons or ceases to use the Skip;
(e) if the Renter ceases or threatens to cease conducting his business in a normal manner.
9. Collection of Skip
- Not less than 24 hours prior to the Skip Collection Date, the Renter must notify Economy that the Skip will be available for collection by Economy and permit Economy to have access to the Location to collect the Skip. The Renter’s obligation to pay rent continues until the later of the date on which he notifies Economy under this clause or permits Economy to have access to the Location to collect the Skip.
- If the Renter wishes to retain the Skip after the Skip Collection Date, he must notify Economy not less than 24 hours prior to the Skip Collection Date. If Economy agrees to extend the Rental Period, it can, in its discretion, vary the Rent and any other terms of this Agreement, but otherwise the terms of this Agreement will continue in full force and effect.
- If the Renter does not notify Economy as provided in this clause, Economy can collect the Skip at any time on or after the Skip Collection Date and the Renter must pay the Rent (calculated on a daily rate) until and including the date of collection.
- If the Renter does not permit Economy to have access to the location to collect the Skip, the Renter must continue to pay the Rent (calculated at a daily rate) until the Skip is either returned to or collected by Economy, provided that Economy can, in its discretion, vary the rent and any other terms of this Agreement.
- Economy’s website may include links to other sites (linked sites). The Renter acknowledges that any linked site is made available only as a convenience and does not imply any endorsement by Economy of the site or any association with the operators of the site. Economy will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by the Renter or any other person from accessing, using, relying on or trading with any other parties arising from the linked sites.
- Economy’s website may display advertisements. Economy is not responsible and accepts not liability for any claim arising from or relating to any dealings which the Renter or any other person may have with any body which has placed advertisements on its website.
11. Exclusion of liability
- Economy’s liability is, where permitted, limited to the supply of a replacement skip.
- Economy will not be liable for any loss or damage which the renter suffers, arising from, or caused or contributed by any negligence on the part of economy or its servants or agents, nor will Economy be liable for special, indirect or consequential loss or damage as a result of any breach of this agreement.
- Economy will not be responsible for any loss that the Renter may suffer resulting from use of his credit card to make payments under this agreement.
- If any provision of this agreement is or at any time becomes void or unenforceable, the remaining provisions will continue in full force and effect. Any void or unenforceable provision will be replaced by such lawful and enforceable provision as, as far as possible, achieves the same economic benefit or burden for the parties.
- No failure or delay on the part of Economy to exercise any power or right under this agreement will operate as a waiver of that power or right.
12. Refund Policy
Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.