Terms & Conditions

THE RUBBISH REMOVERS.COM PTY LTD TERMS AND CONDITIONS OF TRADE
Also available on www.therubbishremovers.com

1. Application of these Terms and Conditions The Hirer agrees that prior to placing an order with the Supplier, the Hirer has read and agreed to the terms and conditions as set out hereunder. For the purposes of this contract, “Supplier” (or “we” or “us” or “our”) is The Rubbish Removers.com Pty Ltd A.C.N 147 808 679. Suppliers of Rubbish Removal and skip bin services and the “Hirer” (or “you” or “your”) is the applicant named on the account with the Supplier or where no account exists then on the Agreement provided by the Supplier to the Hirer.

2. Terms The Supplier will supply services to you on these terms only. The only circumstance where any variation to these terms will apply is where the Supplier has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms will take priority over any other terms of trade.
Price: The price of the goods or services is that stated on the website at the time of acceptance of your purchase order, unless otherwise expressly agreed in writing by the supplier. The prices include goods and services tax ("GST”).

3. Submitting Orders Submitting a purchase order to the website or by phone constitutes an offer to enter into a contract for the provision of refuse bin services with the Supplier. On receipt of confirmation of that order, you will be bound by a contract to purchase the services requested in the purchase order, subject to your rights to cancel or vary the order set out in Clause 7 of these terms and conditions. Verbal Confirmation: In the absence of a written Agreement and for practical purposes it is agreed that verbal confirmation shall also be binding. Confirmation will be made by email or phone if the phone is unanswered then a message will be left confirming the order.

4. Delivery The Supplier will deliver refuse bins on the agreed delivery dates, however delivery times may vary. To obtain an approximate delivery time contact our office via phone or email. Late delivery does not entitle the hirer to cancel any order or part order. The Hirer shall make all arrangements necessary to take delivery of the bins whenever they are tendered for delivery. Delivery of bins to a third party nominated by the Hirer is deemed to be delivery to the Hirer for the purpose of this agreement.
Refuse bins are to be located as requested on the order by the Hirer. If the request for bin placement is deemed to be unsafe or impractical by our driver the bin will be placed in a place that is deemed to be safe and /or practical by the driver. If the Supplier is required to place the bin inside the property, the Supplier shall do so with all care but no responsibility will be taken for above ground or subsurface damage. The Supplier will not be liable for any loss or damage due to the failure by the Supplier to deliver bins or remove rubbish promptly or at all

5. Bin Collection The Hirer is responsible for a clear access for the bin to be collected on the collection date if the bin is not able to be collected due to blocked access then an additional charge of $50.00 will be added to the Hirers fee to cover the cost of returning at a later time. The later time will be at the Suppliers availability.
The Hirer authorises the Supplier to enter the Hirer’s property or property occupied by the Hirer to retake possession of refuse bins in the event of breach of the terms and conditions herein by the Hirer.In the event of default by the Hirer, the Hirer authorises removal of the bin and return of the rubbish to you.

6. Payment It is the responsibility of the Hirer to contact the Supplier and make payment before the collection date bins that have not been paid for by collection day will not be collected until payment is made. An additional charge of $10.00 per day is payable by the Hirer for every day that the bin is on site beyond the collection date.
In the case of single hire of a refuse bin the Supplier, the Hirer shall prior to delivery pay for hire of the bin either by credit card or direct deposit by electronic funds transfer to our nominated bank account.In the case of ongoing hire, repeat hire or approved business customers, payment shall be made prior to collection of the bins by the Supplier from the Hirer by way of credit card, electronic funds transfer, cheque or cash. If such payment is not made by the collection date then the Hirer may at their option not collect the refuse bin until payment is made and an additional charge of $10.00 per day shall be paid by the Hirer for every day that the bin is on-site beyond the collection date.

7. Refunds The Supplier will provide a full refund of fees paid in respect of:-
(a) any ordered services not provided; or
(b) any services provided not being substantially the same as the services requested in the purchase order, provided you notify the Supplier of the request for refund within 1 working day of the scheduled delivery date for the service.

8. Order Cancellation and Variation You will be entitled to cancel or vary an order provided that the Supplier receives notice of variation or cancellation no less than one working day before the delivery date on the order. Any other variation to your order will be granted at the Supplier’s sole discretion and subject to payment of reasonable costs.
In the event an order is cancelled by Supplier prior to delivery of a refuse bin the Hirer will receive a full refund of any monies paid in advance for the cancelled order.

9. Fill to Level Bins If the Hirer desires to have a fill to level bin the order for such a bin is to be requested prior to delivery not once delivery has been made.
It is the responsibility of the Hirer to contact the Supplier by 5.00 pm the day before collection date to notify the Supplier of the level that the Hirer has filled the bin to and to make payment.
If the Supplier has to contact the Hirer after 5.00 pm then an additional amount of $10.00 will be charged by the Supplier to the Hirer.

10. Excessive Weight Excessive weight is deemed to be 200kg or more above the weight that is marked on the bin for the level that the Hirer is paying for.
Excessive weight will incur an extra cost of $10.00 for every 100kg above the allowable weight limit.
Repairs due to damage caused to bins or equipment due to excessive weight must be paid for by the hirer.

11. Retention of Title

11.1 The Supplier’s bins remain the property of the Supplier at all times.
11.2 The Hirer shall keep the bin/s in good order and condition whilst in the Hirer’s possession.
11.3 The Hirer shall indemnify the Supplier from any loss or damage to the Supplier’s bins while in the Hirer’s possession.
11.4 The Hirer shall not remove, deface or cover up identifying marks, nor shall the Hirer cause to remove the bins from their initial location without prior approval from the Supplier.
11.5 The Hirer shall notify the Supplier by phone of any damage or breakdown in respect of the bin/s.

12. Use of Bins While refuse bins are in the Hirer’s possession, the Hirer will not:-

(a) fill any bin higher than the top of its sides and in such a manner as to prevent spillage of material from the refuse bin either while stationary or in transit; or
(b) light fires in the bin; or
(c) place or allow to be placed into the bin any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, greases, food waste, wet paint also solid materials including but not limited to concrete, soil or bricks. Removal of these waste types is not a service provided by the supplier. bins with these types of wastes will be emptied at the site and the Hirer shall indemnify the Supplier from any costs, expenses or losses should the hirer not comply with this clause.
(d) move any bin to any other property nor sub-hire nor part with possession of any bin during the hire without the Supplier’s written consent.

13. Risk The Hirer will be liable for any damage to refuse bins which occurs while in their possession, subject to fair wear and tear.

14. Limitation of Liability The liability of the Supplier for any claim, damages, loss or expense related to the supply of services is limited to the cost paid by the Hirer for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, the Supplier will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by the hirer or any other person.

Indirect Losses Notwithstanding any other provision of these Terms and Conditions, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Hirer for:-

(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Supplier’s failure to complete or delay in completing the Order or to deliver the bins.

Exclusion of Consequential Liability The Supplier shall not be responsible or liable for damage, personal injury or loss of any kind whatsoever, to any property or person howsoever caused arising from the delivery, pickup or use of the bins at the Hirer’s site, unless such loss or damage was caused by the negligence of the Supplier, its agents, sub suppliers or employees.

Waiver If at any time the Supplier does not enforce any of these terms or grant the Hirer time or other indulgence, the Supplier will not be construed as having waived that term or its rights to later enforce that or any other term.

Force Majeure The Supplier will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from an any circumstance beyond the Supplier’s control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies

15. No Warranty No express or implied warranties have been made by or on behalf of the Supplier in respect of the use, suitability or fitness for purpose of the refuse bins (except in so far as statutory conditions and warranties cannot be excluded under legislation).

16. Interest If the Hirer shall not pay to the Supplier all monies when due for payment then the Supplier may charge and recover from the Hirer interest at a rate equivalent to that charged by the Supplier’s bank on commercial overdrafts plus 2% for the period from the date when such monies became due until the date of payment and the Hirer shall pay to the Supplier any collection costs and legal fees on an indemnity basis that may be incurred by the Supplier in recovering or attempting to recover any monies including interest owing if they are not paid when due.

17. Additional Charges

17.1 Over filled bins may require sorting and/or unloading to ensure they comply with transport requirements. Any action will be at the sole discretion of the Supplier’s driver and may incur a fee.
17.2 The Hirer shall indemnify the Supplier from costs should bins be ordered and delivered and subsequently not be required by the Hirer or the specific drop off location offered by the Hirer in the opinion of the Supplier’s driver be deemed to be unsafe or inaccessible. The Supplier may claim the portion of the service already provided to the Hirer.
17.3 The Supplier reserves the right to charge a cleaning fee for excessive amounts of paint, plaster, granosite and other such products disfiguring the exterior of the bins.
17.4 In the event of a non-approved use and/or relocation of bins by the Hirer, the Supplier reserves the right at all times to access the site to remove or recover the bins and charge the Hirer for:-

(a) any damage to the Supplier’s bins; 
(b) any expense incurred in recovering and/or removing the bins.

17.5 Travelling time may be charged when the time and distance exceeds those normally allowed for in the Agreement. The Supplier will notify the Hirer when confirming the hire.
17.6 An additional charge may be incurred when clear and/or safe access is not available to the Supplier’s driver when delivering or removing bins, resulting in the Supplier’s driver needing to wait until the access problem is rectified.
17.7 The Hirer shall indemnify the Supplier from any damage to property caused in the execution of the delivery or removal of bins when clear access has not been made available by the Hirer.
17.8 A longer rental period may be incurred if the location selected by the Hirer subsequently proves to be inaccessible due to weather conditions.
17.9 The Hirer shall indemnify the Supplier from damage caused to truck tyres should the Hirer or their representative instruct the Supplier’s driver to drive over objects that may reasonably be considered to have contributed to such damage.

18. This Agreement is binding on the heirs, successors of each party.

19. This Agreement shall be governed by the laws of the State of Queensland

 

GUARANTEE & INDEMNITY

THE RUBBISH REMOVERS.COM PTY LTD (hereinafter to as the “the Supplier”) in consideration of the Supplier providing hire of refuse bins to the Hirer at the request of the Guarantor(s) and Indemnifier(s) set out at the bottom of this form, the Guarantor and Indemnifier agrees with the Supplier that:-

(a) The Guarantor and Indemnifier shall with the Hirer be jointly and severally liable to the Supplier for the due and punctual payment of all hire charges and all other monies to be paid the Hirer for the hire of refuse bins and services rendered by the Supplier to the Hirer and for the due performance and observance by the Hirer of all the terms and conditions of the Hire Agreement on the part of the Hirer to be performed and observed.
(b) On any default and failure by the Hirer to observe and perform any of the terms and conditions of the Hire Agreement the Guarantor and Indemnifier will forthwith on demand by the Supplier pay all such hire charges and all other monies and make good to the Supplier all losses, damages, costs and expenses sustained or incurred by the Supplier by reason or in consequence of any such default or failure by the Hirer and the Guarantor and Indemnifier shall also pay to the Hirer interest and legal fees thereon as stipulated in Clause 16 of the Hire Agreement.
(c) The obligations of the Guarantor and Indemnifier under this Guarantee shall continue to remain in force until all hire charges and other monies payable under the Hire Agreement shall have been paid and until all other terms and conditions have been performed or observed.
(d) Where there is more than one person which together constitute the Guarantor and Indemnifier to this Agreement the obligations and liabilities of each and every such person shall be joint and several.
(e) The obligations to the Guarantor and Indemnifier under this Guarantee shall not be affected or discharge by any variation in respect of obligations and liabilities of the Supplier and the Hirer whether such variation occurs with or without the knowledge or the consent of the Guarantor.
(f) Nothing that is in this Guarantee and Indemnity binds the Supplier to continue to supply goods and services to the Hirer.

 
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The Rubbish Removers is your Brisbane junk and rubbish removalists. From your home, office, garden waste, deceased estates and much more. Our skip bins and Garden Bags cover: South-East Queensland, Brisbane, Ipswich, Logan and Redlands.

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