Aussie Skip Bin Company - Terms and Conditions (Sales Only)

Effective Date: 01/06/2024

These Terms and Conditions ("Terms") govern the sale of skip bins ("Bins", "Skip Bins", "Goods") and any related services expressly agreed for such sales ("Services") provided by Aussie Skip Bin Company (ABN 67686391739) ("Company", "we", "us", "our") to you, the customer ("Customer", "you", "your"). By requesting, accepting a quotation for, ordering, or accepting delivery of any Bins or related Services from the Company, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to both consumer and business-to-business (B2B) transactions for the sale of Goods.

1. Definitions In these Terms, unless the context otherwise requires:

"ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Agreement" means the agreement between the Company and the Customer for the sale of Goods and any expressly agreed related Services, constituted by these Terms, any accepted quotation, order confirmation, and invoice. "Bin" or "Skip Bin" means any skip bin or waste container sold by the Company to the Customer.

"Business Day" means a day that is not a Saturday, Sunday, or public holiday in a particular State or Territory.

"Charges" means all fees and charges payable by the Customer to the Company for the Goods and any related Services, including but not limited to sale prices, delivery fees, additional fees for optional extras, and GST.

"Company" means Aussie Skip Bin Company (ABN 67686391739) and its employees, agents, and contractors.

"Customer" means the person, firm, organisation, partnership, corporation, trust, or other entity purchasing Goods and any related Services from the Company, as identified in any quotation, order, or invoice.

"Delivery Address" means the address specified by the Customer for the delivery of the Goods. "Goods" means Skip Bins sold by the Company to the Customer.

"GST" has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"Quotation" means a written or verbal quotation provided by the Company to the Customer for the supply of Goods and any related Services.

"Services" means services directly related to the sale of Goods, such as delivery, or customisation as agreed in the sales contract.

"Site" means the location at the Delivery Address where the Goods are to be delivered and placed.

• 2. Agreement and Acceptance

2.1. These Terms apply to all Quotations, orders, and Agreements for the supply of Goods by the Company to the Customer and supersede all prior discussions, negotiations, and agreements.

2.2. The Customer is deemed to have accepted these Terms by:

a) Accepting a Quotation from the Company;

b) Placing an order for Goods with the Company;

c) Accepting delivery of Goods;

d) Making any payment or part-payment for the Goods; or

e) Otherwise indicating acceptance, whether verbally, in writing, or by conduct.

2.3. The Company is not bound by any terms or conditions proposed by the Customer unless expressly agreed to in writing by an authorised representative of the Company.

3. Quotations, Orders, and Pricing

. All Quotations provided by the Company are valid for 14 days from the date of issue, unless otherwise specified in the Quotation or withdrawn earlier by the Company.

3.2. Orders for Goods must be placed in accordance with the Company’s ordering procedures as advised from time to time.

3.3. Prices for Goods will be as per the Company’s current price list or as specified in an accepted Quotation. All prices are in Australian Dollars (AUD).

3.4. Unless otherwise explicitly stated, all prices quoted or listed are exclusive of GST. The Customer must pay GST in addition to the price for any taxable supply.

3.5. The Company reserves the right to vary its prices or Charges with reasonable notice to the Customer to reflect any changes in its costs of supply (e.g., materials, transport) prior to acceptance of an order. For accepted orders, the price is fixed as per the order confirmation.

3.6. Additional Charges may apply for variations requested by the Customer after order confirmation, or for circumstances such as futile delivery attempts.

4. Payment Terms

Please note;

Before making any payment or substantial bank transfers, we ask that you phone our office on 1300 612 660 to advise of you intent to transfer, then we ask that your email a copy of the remittance advice (proof of payment) to our admin team at [email protected]. This is an added layer of security to protect our clients.

4.1. The Customer must pay all Charges in accordance with the payment terms specified in the Quotation, invoice, or as otherwise agreed in writing by the Company.

4.2. A deposit of fifty percent (50%) of the total Charges is required upon placement of an order, unless otherwise agreed in writing by the Company.

4.3. Full payment for Goods is typically due before dispatch or as otherwise agreed.

4.4. If the Customer has an approved credit account with the Company, payment is due within 14 days from the date of the Company’s invoice, or as per the terms of the credit agreement.

4.5. Accepted payment methods include Bank Transfer. EFT, Credit Card, Cash Credit card payments may attract a surcharge.

4.6. If the Customer fails to make any payment by the due date, the Company may, without prejudice to any other rights or remedies:

a) Charge interest on the overdue amount at a rate of e.g., 5% per month

calculated daily from the due date until the date of full payment;

b) Recover from the Customer all costs and expenses incurred by the Company in collecting the overdue amount, including legal fees on a solicitor/client basis and debt collection agency fees;

c) Suspend or cease the provision of further Goods or Services to the Customer until payment is made.

4.7. Title to the Goods shall not pass to the Customer until the Company has received full payment of all monies owing by the Customer to the Company for those Goods and any other Goods supplied by the Company to the Customer.

5. Delivery of Goods

5.1. The Company will use reasonable endeavours to deliver Goods at the times and dates agreed with the Customer. However, all delivery times are estimates only, and the Company will not be liable for any loss or damage suffered by the Customer arising from any delay in delivery, unless such delay is solely due to the Company’s negligence.

5.2. The Customer must ensure that the Delivery Address and Site are safe, clear, and provide unrestricted and suitable access for the Company’s vehicles and equipment for the delivery of Goods. This includes ensuring sufficient overhead clearance and ground stability.

5.3. The Customer is responsible for selecting a suitable and lawful location for the placement of the Goods at the Site. The Company may refuse to deliver or place Goods if its driver, in their sole discretion, deems the location or access to be unsafe, unsuitable, or likely to cause damage or contravene any law or regulation.

5.4. While the Company will take reasonable care during delivery, the Company shall not be liable for any damage to the Customer’s property (including but not limited to driveways, paths, lawns, gardens, fences, or underground services) caused by the weight of its vehicles or Goods, or during the placement of Goods, unless such damage is caused by the Company’s negligence.

5.5 The Customer is advised to take precautions, such as placing protective materials where Goods are to be placed on sensitive surfaces.

5.6. A futile delivery fee may be charged if the Company is unable to deliver Goods due to reasons attributable to the Customer, including but not limited to lack of access or unsuitable Site conditions.

5.7. The Customer or an authorised representative may be required to be present at the Site for delivery and to sign relevant documentation acknowledging receipt of Goods.

6. Sale of Skip Bins (Goods) - Specifications, Title, Risk, Warranties

6.1. Product Specifications:

Goods supplied will conform to the specifications agreed in the Quotation or order confirmation. This includes, where specified:

a) Construction: Bins plated on the front and back of lifting lugs; lifting lugs fully plug-welded; walls consisting of 3mm steel plate; floor consisting of 4mm steel plate.

b) Finishing: Bins fully powder-coated in the Customer’s specified colours and with agreed branding (if applicable).

c) Optional Extras: Crane lifting lugs (at an additional charge of $120 AUD per Bin, if selected); Tyne Pockets (at an additional charge of $120 AUD per Bin, if selected).

6.2. Title and Risk:

a) Risk in the Goods passes to the Customer upon delivery to the Delivery Address.

b) Title to the Goods does not pass to the Customer until the Company has received payment in full for the Goods and all other amounts owing by the Customer to the Company on any account.

c) Until title passes, the Customer holds the Goods as bailee for the Company and must store them separately and in a manner that identifies them as the Company’s property. The Company may repossess the Goods if payment is overdue or if the Customer becomes insolvent or subject to any form of insolvency administration.

6.3. Inspection and Acceptance:

The Customer must inspect the Goods upon delivery and notify the Company in writing of any alleged defects, shortages, or non-conformity with the order within 1 Business Day of delivery. Failure to do so within this period will constitute acceptance of the Goods as delivered, subject to any rights under the ACL.

6.4. Warranties (Goods):

a) The Company warrants that Goods sold will be of acceptable quality and fit for the purpose for which goods of that kind are commonly supplied, as required by the ACL.

b) Any manufacturer’s warranties applicable to the Goods (if the Company is not the manufacturer of all components) will be passed on to the Customer to the extent permissible.

c) These warranties do not cover defects or damage caused by misuse, neglect, accident, improper installation (if not by Company) or maintenance, modification, normal wear and tear, or use for a purpose for which the Goods were not designed or contrary to any instructions provided by the Company.

6.5. Returns and Defects (Goods):

If Goods are found to be defective or not in accordance with the Agreement, the Customer’s remedies will be as prescribed by the ACL. This may include repair, replacement, or refund, at the Company’s discretion for minor failures, or the Customer’s choice of remedy for major failures. The Customer must notify the Company promptly of any defect and follow the Company’s reasonable instructions for return or inspection.

7. Customer Obligations and Responsibilities

7.1. The Customer warrants that all information provided to the Company (including name, contact details, Delivery Address, Site conditions) is true, accurate, and complete.

7.2. The Customer is solely responsible for obtaining and maintaining, at its own expense, all necessary permits, licences, consents, or approvals from any relevant council, authority, body corporate, or property owner for the placement and ongoing use of the Goods at the Site, particularly if the Goods are to be placed on public land, nature strips, or shared property.

7.3. The Customer must ensure that the Site is safe for the Company’s employees, agents, and equipment during delivery, and complies with all applicable Work Health and Safety laws and regulations.

7.4. The Customer indemnifies and holds harmless the Company, its employees, and agents from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, costs, and expenses (including legal fees on a full indemnity basis) arising out of or in connection with:

a) Any breach of these Terms by the Customer;

b) Any negligent or unlawful act or omission of the Customer or its representatives in relation to the Goods after delivery;

c) Any injury to persons or damage to property caused by the Customer’s use, placement, or modification of the Goods after risk has passed to the Customer.

8. Company’s Rights and Responsibilities

8.1. The Company reserves the right to refuse to supply Goods, or to terminate any Agreement for sale, if the Customer breaches these Terms, fails to make due payment, or if the Company, in its reasonable opinion, believes that supplying the Goods may pose an unacceptable risk or be unlawful.

8.2. The Company and its authorised representatives have the right to enter the Customer’s Site at reasonable times for the purpose of delivering Goods or, if applicable, repossessing Goods to which title has not passed.

8.3. The Company will supply Goods with due care and skill, in a professional manner, and in accordance with applicable laws and industry standards.

9. Liability and Indemnity

9.1. To the maximum extent permitted by law, including the ACL, the Company’s total liability to the Customer for any loss, damage, or claim arising out of or in connection with the Agreement or the supply of Goods (whether in contract, tort including negligence, statute, or otherwise) is limited to the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods or of acquiring equivalent Goods, or the payment of the cost of having the Goods repaired, at the Company’s option.

9.2. The Company is not liable for any indirect, special, incidental, or consequential loss or damage, loss of profit, loss of revenue, loss of business opportunity, loss of data, or damage to goodwill, arising out of or in connection with the Agreement or the supply of Goods, even if the Company was advised of the possibility of such loss or damage, except to the extent that such liability cannot be excluded under the ACL.

10. Cancellation and Variation

10.1. Cancellation by Customer:

a) The Customer may cancel an order for Goods by providing written notice to the Company.

b) If cancellation notice is received by the Company before the Goods have been manufactured to specific customer requirements or dispatched, a full refund of any deposit or pre-payment may be provided, less any non-refundable charges incurred by the Company (e.g., for custom materials already ordered).

c) If cancellation notice is received after Goods have been manufactured to specific customer requirements or dispatched, a cancellation fee may apply, which may include forfeiture of deposit and any costs incurred by the Company up to the point of cancellation, including return freight if applicable. Custom-made or specially ordered Goods may not be cancellable or may incur higher cancellation fees.

10.2. Cancellation by Company:

The Company may cancel or suspend an order or Agreement at any time by notice to the Customer if:

a) The Customer breaches any of these Terms (including failure to make payment);

b) The Company reasonably believes that the Customer is unable to pay its debts as they fall due;

c) The supply of Goods becomes impractical, unsafe, or unlawful due to circumstances beyond the Company’s reasonable control. If the Company cancels due to reasons not attributable to the Customer’s default, a full refund of any pre payments for unsupplied Goods will be made.

10.3. Variation:

Any request by the Customer to vary an order (e.g., change Bin size, specifications, delivery dates) must be made to the Company as soon as possible and is subject to the Company’s approval and feasibility. Variations may result in changes to the Charges and additional fees, and may affect delivery timelines.

11. Australian Consumer Law (ACL)

11.1.

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that the Customer may have under the ACL or any other applicable legislation which cannot be lawfully excluded, restricted, or modified.

11.2. Consumer Guarantees:

Our Goods come with guarantees that cannot be excluded under the ACL.

a) You are entitled to choose a refund or replacement for major failures with Goods.

b) If a failure with the Goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods.

11.3. Business Customers:

If the Customer is acquiring Goods for the purpose of a business and the value of the Goods exceeds the threshold for a “consumer” contract under the ACL (currently $100,000, or if acquired for personal, domestic or household use or consumption, or if the goods were a vehicle or trailer acquired for use principally in the transport of goods on public roads), certain provisions of the ACL may not apply, or liability may be limited as permitted by the ACL for business-to-business transactions.

12. Privacy

12.1. The Company collects, uses, and discloses personal information in accordance with its Privacy Policy (available on our website or on request) and the Privacy Act 1988 (Cth). By entering into this Agreement, the Customer consents to the collection, use, and disclosure of their personal information as outlined in the Privacy Policy.

13. Dispute Resolution

13.1. If a dispute arises between the Company and the Customer in connection with this Agreement, the parties agree to attempt to resolve the dispute in good faith through direct negotiation.

13.2. Either party may give the other party written notice of the dispute, providing details of the dispute.

13.3. If the dispute is not resolved within 14 Business Days of the notice, the parties agree to endeavor to settle the dispute by mediation administered by the Australian Disputes Centre (ADC) before resorting to litigation, with the mediator to be appointed by agreement or, failing agreement, by the ADC.

13.4. This clause does not prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

14. Force Majeure

14.1. Neither party will be liable for any failure to perform or delay in performing its obligations under this Agreement (other than an obligation to pay money) if such failure or delay is due to a Force Majeure Event. A Force Majeure Event means any event or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, fire, flood, earthquake, storm, war, terrorism, civil unrest, strikes, lockouts, industrial disputes, pandemic, epidemic, government restrictions or actions, or failure of public utilities or transport networks.

14.2. The party affected by a Force Majeure Event must promptly notify the other party and use reasonable efforts to mitigate the effects of the event.

15. General Clauses

15.1. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will continue in full force and effect.

15.2. Waiver: A failure or delay by the Company to exercise any right, power, or remedy under these Terms will not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy will not preclude any other or further exercise of that right, power, or remedy.

15.3. Governing Law: This Agreement is governed by and construed in accordance with the laws of, Australia. The parties submit to the non exclusive jurisdiction of the courts of a particular State/Territory and any courts competent to hear appeals from those courts.

15.4. Entire Agreement: These Terms, together with any accepted Quotation, order confirmation, and invoice, constitute the entire agreement between the Company and the Customer with respect to its subject matter and supersede all prior oral or written understandings, communications, or agreements.

15.5. Notices: Any notice or other communication required or permitted under this Agreement must be in writing and may be delivered personally, sent by pre-paid post, or by email to the addresses specified by the parties or as otherwise notified. Notices are deemed received when delivered personally, 3 Business Days after posting, or on confirmation of transmission if sent by email during business hours (otherwise on the next Business Day).

15.6. Assignment: The Customer may not assign its rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign its rights or obligations under this Agreement at its discretion.

16. Specific Customer-Provided Information (Integrated Above)

The specifications regarding Bin construction (plated lugs, plug-welded lugs, 3mm steel walls, 4mm steel floor) are noted and apply to the sale of Goods (Clause 6.1).

Powder-coating in customer’s colours and branding is a specification for Goods sold (Clause 6.1).

Optional extras for Goods sold: Crane lifting lugs ($120 AUD per Bin) and Tyne Pockets ($120 AUD per Bin) are noted (Clause 6.1).

The 10% bulk discount is a commercial term that would typically be applied at the Quotation stage and is not a standard term within these T&Cs unless the Company wishes to make it a universal policy for all bulk orders defined as such herein.

The 50% deposit requirement is incorporated into Payment Terms (Clause 4.2).

Disclaimer: This Terms and Conditions document is provided as a comprehensive template based on common industry practices and legal considerations in Australia. However, it does not constitute legal advice. Aussie Skip Bin Company should seek independent legal advice from a qualified solicitor to ensure these Terms are suitable for its specific business operations, risk profile, and fully compliant with all applicable laws and regulations in the jurisdictions in which it operates. The Company is responsible for ensuring the accuracy of any specific details (e.g., ABN, contact information, specific charges, notice periods) inserted into this template.--

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