Terms and Conditions for the use of www.perfectbinhire.com.au website and Services

The following terms and conditions apply to all users of Perfect Bin Hire Pty Ltd website and to all purchases of goods and services from Perfect Bin Hire Pty Ltd.

You agree and acknowledge by accepting the quote from Perfect Bin Hire and booking a bin that you agree to the following terms and conditions which form part of a legally binding agreement between Perfect Bin Hire the registered office of which is situated at 3 Remington Drive Highett, Vic 3190 trading as “Perfect Bin Hire” and you the Customer who has accepted the quote provided by Perfect Bin Hire (“the Agreement”).

1.     Skip bin Hire From Perfect Bin Hire:

o   1.1 Perfect Bin Hire will provide the Skip and Skip Services to You for the removal of Waste at and from the address and in consideration for the Fees.

o   1.2 Use Of Skip Bins when bins in your possession you agree not to:

A.     Allow Light Fires in the Bin; or

B.     Place or allow to remain in the bin any non-complying waste, including but not limited to any liquid waste, any waste that maybe explosive, toxic, dangerous, hazardous, noxious, acids, solvents, minerals, greases, oils, liquid concrete or asbestos

                                            (“non-complying waste”); or

C.     fill or allow 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;

D.    Move any bin or use the bin for any other purpose than for placement of waste.

o   1.3 You agree to be liable to Perfect Bin Hire for any damage to skip bins which occurs while in your possession, subject to fair wear and tear.

o   1.4 You agree to have the bin ready for collection with clear access available to the driver in order to collect the bin on the pick up date, as per your order or such other time as further agreed either verbally or via email as the collection date.

o   1.5 You will be responsible for the provision of free and suitable access to the delivery site including the removal and reinstatement of any obstructions and ensuring that suitable ground conditions for the delivery, placement and removal of the bin. No responsibility will be taken by Perfect Bin Hire for any damage to any surface and you are required to take all steps necessary to protect such surfaces before delivery.

o   1.6 Perfect Bin Hire may refuse to enter on to the site if in its sole and absolute discretion the site is not acceptable from a safety perspective.

o   1.7 If you require an extension of the collection date you must give Perfect Bin Hire one (1) business day’s notice of such extension and you agree to pay any additional fees charged by Perfect Bin Hire including any requirement for the extension of any permits

o   1.8 If you are in default of this Agreement Perfect Bin Hire may immediately collect its bin without prior notice to you and deposit any waste in the bin on the site. It will be your responsibility to then have the waste removed and you agree to indemnify and hold Perfect Bin Hire harmless from any claims, penalties, fees or charges that a third party may make of whatsoever nature and howsoever arising in relation to such collection of the bin and depositing of the waste on the site.

o   1.9 Any damage, loss, penalties or fines incurred by Perfect Bin Hire in relation to the bin hire to you due to your or your employees, agents or contractors acts, omissions or negligence shall be your responsibility on a full indemnity basis and will be paid within five business (5) days of the date of invoice from Perfect Bin Hire.

o   1.10 Upon the driver loading the bin on to the Truck the contents of the bin shall vest in Perfect Bin Hire subject to you complying with this Agreement (included but not limited to not placing non complying waste in the bin) and you agree and acknowledge that you will have no claim to the waste from that time onwards.

o   1.10 You agree and acknowledge that the bin provided to you may be able to take excess rubbish due to its size but the quoted amount will be what you have been charged. If you fill the bin beyond the quoted amount then you will be charged for the extra waste placed in the bin. For the avoidance of doubt and by way of example if you have been quoted for 3 cubic metres and are provided with a 4 cubic metre bin and proceed to fill the bin with waste up to 4 cubic metres you will then be charged for 4 cubic metres of waste and not 3 cubic metres of waste.

2.  Skip Bin Hire Fees For Perfect Bin Hire:

3.Order Cancellation or Variation

o   Bins cancelled at least 48 hours prior to delivery may be subject to a refund, minus the refund processing fee and any council permits that were applied for. You may cancel a bin hire by providing no less than one (1) business day’s notice to Perfect Bin Hire prior to the delivery date as specified on the quote on the condition that you will pay a cancellation fee equivalent to 50% of the bin hire to Perfect Bin Hire immediately. Skip Bin Orders cancelled on the day of the delivery (but prior to bin being delivered), will incur a cancellation fee equivalent to 50% of the cost of the bin, plus any council permits, which were applied for. Orders cancelled after the bin has been delivered, will incur a fee equivalent to 80% of the cost of the bin, plus any council permits. All partial refunds are subject to Refund Processing Merchant Fees of $5.00, which will be added to the cancellation fee and due immediately.

 4.Warranties

o   4.1 Perfect Bin Hire warrants the Skip Services will be provided to You with due care and skill in a competent and workmanlike manner and according to generally applicable industry standards.

o   4.2 To the extent permitted by Law, all other expressed or implied warranties, representations, terms and conditions other than those expressly contained in this Terms and Conditions are expressly excluded from this Agreement

5.Limitation on Liability

o   5.1 Despite any other provision herein, Perfect Bin Hire total liability to you or any third party concerning any Claims made by You or any third party (including Claims in negligence) relating to the performance or non-performance of the Skip Services or this Agreement, will not exceed the Fees actually paid by you to Perfect Bin Hire under the relevant Accepted Quote.

o   5.2 Perfect Bin Hire will not be liable for any loss of profit, savings or revenue or interest or any other consequential, indirect, incidental, special or punitive loss, damage or expenses even if Perfect Bin Hire has been advised of their possible existence and even if such loss, damage or expense is caused by the negligence of Perfect Bin Hire or its Associates.

o   5.3 Nothing in this Agreement will operate to exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any liability of Perfect Bin Hire for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.

o   5.4 Where Law implies a condition or warranty to an Accepted Quote, which has not or cannot be excluded, Perfect Bin Hire liability for the breach of that condition or warranty is limited, at Perfect Bin Hire entire discretion to:

o   the re-supply of the bin hire service to you; or

o   payment of the cost of having the Skip bin hire Services re - supplied again to you

6.Use of Perfect Bin Hire’s Website:

o   Liability:  Whilst reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Perfect Bin Hire nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).

o   Copyright and Limited Reproduction Notices:  The content of the website (“website material ”) is the copyright of Perfect Bin Hire.  No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form).  No part of the website may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, any website material solely for your own use.

o   Website Linking: The website may include links to third party materials (“linked sites ”).  Perfect Bin Hire will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.  These links are provided to you only as a convenience, and the inclusion of any link does not imply Perfect Bin Hire endorsement of the site or any association with their operators.  Perfect Bin Hire reserves the right to prohibit links to the website and you agree to remove or cease any link at Perfect Bin Hire request.  You may not frame any part of the material contained in this website by including advertising or other revenue generating material.

o   Website Advertisers:  Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party.  Perfect Bin Hire is not responsible or liable for any part of any such dealings or promotions.

7.Privacy:          You authorise Perfect Bin Hire to collect, retain and use personal information about you for the purposes of:

o   assessing your creditworthiness

o   processing payment for any services which you purchase from any party using the website;

o   provision of information to suppliers to enable performance under an approved purchase order and

o   any other use that you authorise.  You have rights of access to and correction of the registration information and any other personal information that is held about you.  Under the:

Privacy Act 1988 (Commonwealth), you may request access to or correction of your personal information held by Perfect Bin Hire subject to payment of reasonable

o   charges for compliance with any request for access to or correction of personal information.

                           Disclaimer:  The website makes information and material available to you as a service.  Use of the website material is at your own risk.  Perfect Bin Hire is not responsible for any adverse consequences arising out of the use of information contained on the website. Perfect Bin Hire does not give any warranty of accuracy or reliability of information contained on the website to you or any other person.  To the extent permitted by law Perfect Bin Hire excludes all responsibility and liability for such material.