IMPORTANT NOTICE
These Terms and Conditions constitute a binding legal agreement between You and Us and apply to all Skip Bin hire services provided by Just Skips within South Australia. By placing an order with Us, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions.
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1 INTERPRETATION
1.1 Definitions
In this Agreement, unless the context otherwise requires:
- Additional Charges means any charges payable in addition to the Specified Fees, including but not limited to excess loading, excess weight, restricted access, extension fees, tipping fees and excess retrieval charges.
- Agreement means these Terms and Conditions of Hire.
- Business Day means a day that is not a Saturday, Sunday or public holiday in the State of South Australia.
- Collection Date means the agreed date for collection of the Selected Skip Bin, being the fifth (5th) Business Day after the Delivery Date unless otherwise agreed in writing.
- Delivery Date means the date agreed between You and Us for delivery of the Selected Skip Bin to the Site Address.
- Delivery Point means the location at the Site Address where Our driver places the Selected Skip Bin.
- Delivery Window means either:
- Morning delivery or collection approximately between 7:00am and 12:00pm; or
- Afternoon delivery or collection approximately between 12:00pm and 4:00pm.
- GST means goods and services tax as defined under Australian law.
- Law means all applicable Commonwealth and South Australian legislation, regulations, by-laws and orders.
- Prohibited Materials means any liquids or any explosive, dangerous, toxic, hazardous or noxious material including (without limitation) asbestos, gas bottles, chemicals, solvents, oils, paints, medical or biological waste, radioactive materials, or any material identified as prohibited on Our Website.
- Restricted Access means access to a Site Address which, in Our reasonable opinion, restricts or prevents safe delivery or collection of the Selected Skip Bin.
- Selected Skip Bin means the skip bin of the size ordered by You.
- Specified Fees means the fees published on Our Website or otherwise quoted at the time of booking and are stated in Australian Dollars (AUD) inclusive of GST.
- Site Address means the address nominated by You for delivery and collection of the Selected Skip Bin.
- Waste Type means the waste category selected by You at the time of booking and listed on Our Website.
- Weight Limit means the maximum allowable weight for the Selected Skip Bin and Waste Type as specified by Us.
- You / Your means the person placing the order and includes any person on whose behalf the order is placed.
- We / Us / Our means JUSTCO SERVICES PTY LTD trading as Just Skips (ABN 96 131 443 788).
- Website means the Just Skips website.
1.2 Interpretation
Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa. Any unenforceable provision will be severed without affecting the remaining provisions.
2 HIRE AGREEMENT
2.1 By placing an order, You agree to hire the Selected Skip Bin from Us on these Terms and Conditions.
2.2 Subject to payment of the Specified Fees, We will deliver and collect the Selected Skip Bin in accordance with this Agreement.
3 FEES AND CHARGES
3.1 All prices are in Australian Dollars (AUD) and include GST.
3.2 Specified Fees must be paid in full at the time of booking.
3.3 Additional Charges may apply, including but not limited to:
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Excess Retrieval Charges
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Excess Loading Charges
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Overweight Charges
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Restricted Access Charges
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Extension fees
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Tipping and disposal charges
3.4 If the Selected Skip Bin exceeds the applicable Weight Limit, You will be contacted and overweight charges must be paid in full before the bin is dumped.
4 PAYMENT
4.1 You authorise Us to debit any payment method provided for all Specified Fees and Additional Charges incurred under this Agreement.
5 DELIVERY AND COLLECTION
5.1 Delivery and collection times are requests only and are not guaranteed.
5.2 Our drivers will endeavour to attend as close as possible to Your requested Delivery Window.
5.3 A minimum of one (1) Business Day’s notice is required to guarantee delivery or collection. Orders placed with less notice are subject to availability and confirmation by Our office staff.
5.4 If You require the Selected Skip Bin for longer than the Collection Date, You must notify Us no later than 5:00pm on the Business Day prior to the scheduled Collection Date.
5.5 If no notice is provided, Our driver may collect the Selected Skip Bin as scheduled and extension requests may be refused. Additional fees may apply.
6 YOUR OBLIGATIONS
You acknowledge and agree that You must:
- Use the Selected Skip Bin safely, reasonably and lawfully
- Accept responsibility for all waste placed in the Selected Skip Bin, including waste placed by third parties
- Ensure the Site Address and Delivery Point are suitable for delivery and collection
7 PLACEMENT AND MOVEMENT
7.1 The Selected Skip Bin must not be moved from the position where it is placed by Our driver under any circumstances.
7.2 We will not place Skip Bins on council property, including roads, footpaths or verges.
7.3 If delivery cannot occur due to placement restrictions, the order may be cancelled or rescheduled and fees may apply.
8 RESTRICTIONS ON USE
You must not:
- Place Prohibited Materials in the Selected Skip Bin
- Place any waste other than the Waste Type selected at the time of booking
- Overfill the Selected Skip Bin
- Burn waste or light fires in the Selected Skip Bin
- Use the Selected Skip Bin in breach of any Law
Additional Charges will apply if these restrictions are breached.
9 DAMAGE AND SITE CONDITIONS
9.1 You acknowledge that delivery and collection may cause ground or surface damage.
9.2 Just Skips accepts no responsibility for damage to driveways, paths, roads, surfaces or surrounding property.
9.3 You are responsible for ensuring conditions are suitable for placement and access.
10 RISK OF LOSS OR DAMAGE
You bear all risk and responsibility for loss, damage or destruction of the Selected Skip Bin while it is at the Site Address.
11 CANCELLATION OR VARIATION BY YOU
11.1 Orders may be cancelled or varied with notice prior to the scheduled delivery time.
11.2 If insufficient notice is provided, a cancellation fee may apply.
12 CANCELLATION BY US
We may cancel an order if:
- Payment is not received
- Restricted Access is identified
- Circumstances beyond Our reasonable control prevent delivery
Where We cannot supply the Selected Skip Bin, We will contact You and refund any amounts paid where applicable.
13 INDEMNITY
You indemnify Us against all claims, loss, damage, fines, penalties or expenses arising from:
- Your breach of this Agreement
- Waste placed in the Selected Skip Bin
- Use or control of the Selected Skip Bin
14 COMPLIANCE WITH LAW
You must comply with all applicable Laws and indemnify Us for any non-compliance.
15 AUSTRALIAN CONSUMER LAW
Nothing in this Agreement excludes, restricts or modifies any rights You may have under the Australian Consumer Law where such exclusion would be unlawful.
16 RETENTION OF TITLE
Ownership of the Selected Skip Bin remains with Us at all times.
17 ENFORCEMENT
If You breach this Agreement, We may enter any premises to recover the Selected Skip Bin.
18 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between You and Us and supersedes all prior terms, conditions or representations.
19 VARIATION
We may amend these Terms and Conditions by publishing updated terms on Our Website. Amendments take effect five (5) Business Days after publication.
20 GOVERNING LAW
This Agreement is governed by the laws of South Australia. The parties submit to the exclusive jurisdiction of the courts of South Australia.