GET SWIFT SKIPS TERMS AND CONDITIONS

PO BOX 318, St Clair NSW 2759

Phone: 0411 343 211 ; Email: getswiftskipbins@gmail.com

 

1. General

a. The Hire Contract between Get Swift Skips ABN 35 624 155 148 (“Get Swift

Skips/us/we/our”) and its customer (“you/your”) are subject to these terms and

conditions, in addition to any other quotation or document which we may

provide to you for our services.

​

2. General Definitions

a. Skip Bin/s means the bins provided to you by us for the purpose of waste removal;

b. Hire Contract means a specific contract between us and you, agreed to by both

parties including these terms and conditions, formed by the acceptance of our

quotation by you;

c. Regulated Waste has the meaning given to it by section 65 of the Environmental

Protection Regulations 2008.

​

3. Quotes

a. We may provide you with a Quotation for the delivery, use and pickup of a Skip

Bin you have asked us to provide, expressed in Australian Dollars.

b. Quotes are valid for 30 days only, and may be withdrawn by us at any time before

acceptance by you.

c. The Quote is based on the information you provided to us or entered into our

booking system. In the event that you have failed to provide us with all the

relevant information prior to the delivery of our Quote, we reserve the right to

amend our Quote to account for any additional costs and expenses that were not

accounted for at the time of our Quote.

d. An online Quote received and accepted by you will be subject to these terms and

conditions, whether signed by you or not.

​

4. GST and Other Taxes

a. You are liable to pay any GST, taxes, levies, rates or government charges

applicable to your transactions with us.

​

5. Delivery

a. We will deliver the Skip Bin/s to your nominated address and you must make all

necessary arrangements to receive the Skip Bin/s whenever we tender for

delivery. We shall not be held liable for any damages, costs or losses you or

someone else incurs if we are unable to deliver the Skip Bin/s due to there being

inadequate access to your nominated address.

b. We will strive to ensure the Skip Bins are delivered by the agreed time, however,

we will not be liable for any damages, costs or losses you or someone else incurs

as a result of any delay in delivery.

​

6. Terms of Payment

a. You must pay our tax invoices within the terms specified on the invoice, without

set off, counter-claim or demand.

​

7. Default

a. You will be in Default of your agreement with us if you:

i. Fail to pay our tax invoices within the terms for payment;

ii. Experience an insolvency event (because you become bankrupt or a

liquidator, receiver or administrator is appointed or an application for winding

up is filed);

iii. Repudiate or terminate this agreement without a lawful excuse;

iv. Fail to provide us with the information we require to complete the work we

have agreed to do; and

v. Breach these terms and conditions.

b. Without prejudice to any other remedies we may have, if at any time you are in

breach of any obligation relating to these terms and conditions, then we may:

i. Treat the whole of the agreement as repudiated and demand payment of the

total amount owing against you and take steps to recover the debt;

ii. Claim the return of any Skip Bins in your possession;

iii. Refuse to supply you with any more Skip bins;

iv. Recover any costs, expenses or losses we incur as a direct or indirect

consequence of your default (including legal costs on a solicitor and client /

indemnity basis) from you, as a debt due and owing;

v. Charge Interest on all overdue amounts at a rate of fifteen

perfect (15%) per annum calculated on a daily basis from the

date of our Tax Invoice until payment;

vi. Contact credit reporting agencies to notify them of your

default.

c. In an event of Default, all waste is deemed to belong to you until

payment is made and we reserve the right to unload the Skip

Bins at your site prior to removal of the Skips Bins from your site.

d. If we cannot recover our Skip Bin/s at the agreed pick-up time

for any reason, we reserve the right to charge you the hire fee at

a daily rate specified by the Hire Contract until our Skip Bin/s are

recovered.

​

8. Title of Goods

a. Subject to the PPSA and these terms and conditions, legal and

equitable title in the Skip Bin (including parts) supplied by us

remain vested in us and shall not pass to you at any time. You

are not entitled to sell, transfer, mortgage, charge or encumber

in any way the Skips Bins nor part with possession of the Skip

Bins or assign the benefit of the Hire Contract.

b. In the event of Default by you, you acknowledge and agree that

we may recover or retake possession of any Skips Bins we have

supplied to you and you authorise and allow us (or our

representatives, employee or agent) to enter any premises

without notice, at any time, to retake possession of any or all of

the goods we identify as having been provided by us.

c. In the event that we incur costs as a result of us retaking

possession of the goods, you agree to indemnity us for those

costs on a full indemnity basis.

​

9. Personal Property Securities Act 2009 (“PPSA”)

a. In this clause the following words have the respective meaning

given to them in the PPSA: Financing Statement, Financing

Change Statement, Proceeds, Register, Security Agreement,

Security Interest and Verification Statement.

b. You acknowledge and agree:

i. That these terms and conditions constitute a Security

Agreement that creates a Security Interest in all Skip Bins

(and Proceeds):

1. Previously supplied by us to you; and

2. To be supplied by us to you in the future.

ii. That the Security Interest created by these terms and

conditions is a continuing Security Interest in all Skip Bins

(supplied now or in the future by us to you) and Proceeds,

which will operate (despite any intervening payment or

settlement of account) until we have signed a release;

iii. To waive your rights under section 157 of the PPSA and the

following subsections of 115 of the PPSA, which will not

apply to the Security Agreement created by these terms and

conditions: 95, 117, 118, 121(4), 130, 132(4), 135 and 143.

c. You undertake to:

i. Keep all Skip Bins free of any charge, lien or Security Interest

except as created under these terms and conditions and not

otherwise deal with the Skip Bins in a way that may

prejudice any of our rights under these terms and

conditions.

ii. Sign any further documents and provide any further

information (which must be complete, accurate and up-todate

in all respects) that we may require to:

1. Register a Financing Statement of Financing Change

Statement in relation to a Security Interest in the

Register;

2. Register any other document required to be

registered by the PPSA; or

3. Correct a defect in a statement referred to in clause

9(c)(1) or 9(c)(2);

iii. Indemnify, and upon demand reimburse, us for all fees (including actual legal

fees on a solicitor/own client basis), costs, disbursements and expenses in:

1. Registering and maintaining a Financing Statement or Financing Change

Statement on the Register or releasing any Skip Bins charged thereby;

and

2. Enforcing or attempting to enforce the Security Interest created by

these terms and conditions.

iv. Not register, or allow to be registered, a Financing Statement or Financing

Change statement in respect of the Skip Bins or Proceeds in favour of a third

party, without the prior written consent of us; and

v. Immediately advise us of any material change in its business details (including,

but not limited to, its trading name, address, facsimile number) or business

practices.

​

10. Credit Enquiries and Reporting

a. You consent to us making inquiries in relation to your creditworthiness, including

but not limited to obtaining reports from credit reporting agencies, trade

suppliers, financial credit providers and trade insurers.

b. You consent to us disclosing whole or part of the information you supply to us to

credit reporting agencies for the purpose of that credit reporting agency to add or

create any credit information file or database in relation to you.

c. You consent to us obtaining a credit report from a credit reporting agency

containing personal credit information about the principals of your business to

support our assessment of your creditworthiness.

d. You consent to us disclosing information about you to our business partners,

professional advisors (including lawyers, auditors and bankers) in connection with

the transaction that subject of the Hire Contract.

​

11. Regulated Waste

a. No Regulated Waste types or toxic materials including but not limited to tyres,

asbestos or liquids are to be placed in the Skip Bins without prior approval.

b. Removal of any  toxic materials is not a service provided by us. You shall indemnify us from any costs, expenses or losses incurred

should you dispose of Regulated Waste or toxic materials in the Skips Bins.

​

12. Additional Charges

a. Over filled Skip Bins may require sorting and/or unloading to ensure they comply

with transport requirements. Any such action will at our sole discretion and may

incur a fee.

b. We reserve the right to charge a cleaning fee for excessive amounts of paint,

plaster, granosite and other such products disfiguring the exterior of the Skip Bins.

c. Travelling time for delivery/pick up of Bins may be charged when the time and

distance exceeds those normally allowed for in the Hire Contract. We will notify

you if additional travel charges apply prior to confirming the Hire Contract.

d. An additional charge may be incurred when clear and/or safe access is not

available to our driver when delivering or removing the Skip Bins, resulting in our

driver needing to wait until the access problem is rectified.

e. A longer rental period and additional charges may be incurred by you if the pickup

location selected by you subsequently proves to be inaccessible due to

weather conditions or other factors beyond our control.

​

13. General Matters

a. When placement of a Skips Bin/s on a footpath or road is required or requested by

you and a permit is required by the relevant council; the permit must be

presented to the driver prior to placement of the Skip Bin on a footpath or road.

​

14. Termination of agreement

a. You cannot cancel, terminate or suspend this agreement without our written

consent, which will not be unreasonably withheld.

b. In the event this agreement is cancelled, terminated or suspended, we will render

a charge to you for the work done; material provided or committed expenditure

under the agreement up to the date of cancellation, termination or suspension.

​

15. No reliance

a. You acknowledge and agree that you have not relied on any

prior representation or promises made by us, except as

documented in writing by us.

​

16. Damage and Relocation of Skip Bins

a. You shall indemnify us from any loss or damage to our Skip Bins

caused by you (your representatives, employee, agent or anyone

else) whilst in your possession.

b. You (your representatives, employee, agent or anyone else) shall

not remove, deface or cover up identifying marks nor shall you

cause to move the Skip Bins from the initial location without our

prior approval.

c. You shall indemnify us from damage caused to truck tyres

should you (your representatives, employee, agent or anyone

else) instruct our driver, when delivering or collecting the Skip

Bin, to drive over objects that may reasonably be considered to

have contributed to such damage.

d. Wet concrete cannot be placed in Skip Bins unless a suitable

liner is first put in place.

e. Burning rubbish in Bins is not permitted. You shall indemnify us

from any costs involved in the cleaning or repair of Skip Bins

affected in this way.

​

17. Force Majeure

a. We will not be liable or responsible for any delay or failure of

performance occasioned by strikes, riots, fire, insurrection,

embargoes, failure of carriers, inability to obtain materials or

transportation facilities, acts of God or of the public enemy,

government tariffs and quotas, compliance with any law,

regulation or other governmental or court order whether or not

valid, or other causes beyond the control of us, irrespective of

whether the cause could be alleviated by the payment of money,

or the performance is prevented or delayed because of a failure of

our machinery or our supplier.

​

18. No waiver

a. No failure or delay by us in exercising any right, power or privilege

to which we are entitled shall operate as a waiver, nor shall any

single or partial exercise of any such right, power or privilege

preclude any other or further exercise.

b. These terms and conditions, including any obligations or

acknowledgements, may only be waived or modified as agreed

between us and documented in writing.

​

19. Liability

a. To the maximum extend permitted by law, we do not accept any

liability for any claim for loss or damage made by you (or someone

claiming through you), whether for breach of contract, tort

(including negligence), under statute, in equity, at common law or

otherwise, including damage to property.

​

20. Severance

a. In the event of any part of these terms and conditions becoming

void or unenforceable, then that part shall be severed from the

agreement and the remaining terms and provisions of the

agreement will remain in full force and effect.

​

21. Applicable law

a. The Hire Contract shall be governed by and construed in

accordance with the laws of the state of New South Wales.

b. You agree to submit to the non-exclusive jurisdiction of the courts

of New South Wales and any court which may hear appeals from a court

of New South Wales.

22. Survival

a. These terms and conditions survive the termination or expiration

of the agreement.

​