Terms & Conditions
1. About these terms
1.1.1 "bins" includes skip bin receptacles, skip bags and waste bins;
1.1.2 "business day" means any day other than a Saturday, Sunday or public holiday in Sydney NSW;
1.1.3 “our services” means our website and any related service provided by us (excluding the supplier services);
1.1.4 "our website" means our website www.bins4u.com.au;
1.1.5 "supplier services" means the supply, delivery and collection of bins ordered through our services; and
1.1.6 "we" "us" and "our" means Adrian Lamacchia and Karlie Zec (ABN 11 425 221 811) trading as Bins 4 U.
1.2 By accessing our website, using our services or the supplier services, you:
1.2.1 represent that you are over 18 years old; and
1.2.2 agree to these terms.
1.3 These terms apply on each occasion that you access our website, use our services or the supplier services. These terms form a legally binding contract between you, us and the supplier.
1.4 These terms are important and you should read them carefully before you use our services or the supplier services. If you object to these terms, please do not remain on our website, use our services or the supplier services.
2. Our services
2.1 We act as the agent for a selection of suppliers of bins ("suppliers").
2.2 We disclose that:
2.2.1 we have not investigated all available suppliers of bins in the market;
2.2.2 our website offers only a selection of suppliers from the market; and
2.2.3 to the extent permitted by law we make no warranty that the bins offered are at the best price, best quality, represent the best value for money or are the best available product in the market for you or for any purpose required by you.
2.3 We are authorised by the suppliers to enter into a contract with you, as their customer, and collect payment for these services on their behalf.
2.4 We disclose we receive a commission from the selected suppliers if you place an order with us.
3. Placing orders
3.1 Based on the information provided by you on our website, we will provide the details of 1 supplier and you may submit an order for the supply of bins by that supplier.
3.2 You warrant that the information provided by you on our website or by email or telephone to us is accurate and complete.
3.3 By submitting an order on our website you are making an offer to us as agent for the supplier to enter into a contract with you.
3.4 Once we confirm the order then you are bound by the contract for the provision of the bin by the supplier in accordance with these terms.
4.1 The fees:
4.1.1 are quoted by us based on the information supplied by you on our website;
4.1.2 are payable to us as stated on our website at the time of confirmation of your order;
4.1.3 include the cost of delivery and removal of the bins provided that you have complied with these terms; and
4.1.4 are inclusive of GST unless otherwise stated.
4.2 A booking fee of $4.40 applies to all orders as specified on our website at the time of our acceptance of your order.
4.3 You must make payment for your order at the time of submitting your order by debit card or credit card payment to us.
4.4 We reserve the right to vary the fees by giving reasonable notice to you before delivery of the bins if:
4.4.1 the information provided by you is incorrect or incomplete;
4.4.2 there is a manifest error in the fees stated on our website; or
4.4.3 you do not comply with these terms and as a result we incur additional cost (such as excess weight, incorrect materials or inability to deliver or collect the bin on the designated day due to your act or omission).
5. Delivery and collection
5.1 You must take all reasonable steps so that:
5.1.1 all surfaces where bins are to be located are protected from damage that may occur as a result of the placement of the bins;
5.1.2 the bins can be delivered by the supplier to the address on the date and time specified in your order, including providing all required safe and unobstructed access to the supplier; and
5.1.3 the bins can be collected by the supplier from the address on the date and time specified in your order without hindrance or obstruction.
5.2 To the extent permitted by law, neither we nor the supplier will be liable for any damage to surfaces as a result of the placement of bins.
5.3 The supplier will take reasonable steps:
5.3.1 to effect deliveries on the date and time specified in your order; and
5.3.2 notify you at the phone numbers provided on your order if delivery or collection will be delayed.
5.4 To the extent permitted by law:
5.4.1 neither we nor the supplier will not be liable for any failure or delay in delivery by the supplier where such failure or delay is outside our reasonable control; and
5.4.2 where due to our act or omission or the act of omission of the supplier there is a failure or delay in delivery of bins ordered by you, then your remedy is solely as set out in clause 7.
6. Your obligations
6.1 You must ensure that you:
6.1.1 keep and maintain the bins in the condition that they were in on delivery, subject to fair wear and tear;
6.1.2 do not move the bins without the supplier's written consent;
6.1.3 do not use the bins for any illegal purpose;
6.1.4 do not place any liquids, acids, hazardous, explosive, flammable, dangerous, radioactive or toxic materials in the bins;
6.1.5 do not place any materials in the bins which does not conform to the type of permitted waste advised by us at the time of placing your order;
6.1.6 do not fill the bin higher than the level advised by the supplier;
6.1.7 do not allow fires to be lit in the bin;
6.1.8 take reasonable steps to ensure the security of the bins as to avoid damage, loss or theft;
6.1.9 do not alter, deface, modify, tamper with or make any modification or repair to the bins;
6.1.10 obtain all consents, permits and authorities from any governmental authority for the delivery and placement of the bin;
6.1.11 immediately report any damage to, loss or theft of the bins to the supplier;
6.1.12 do not claim or seek to vest or transfer title in the bins to you; and
6.1.13 do not encumber or grant any security interest over the bins.
6.2 If you breach any of your obligations under clause 6.1, we may cancel your order, arrange for the supplier to collect the bins, terminate these terms and retain monies paid by you, in addition to any other rights we may have at law.
6.3 In addition, if you breach your obligations under clauses 6.1.4 or
6.1.5, title in the contents of the bins remain with you until the supplier properly disposes of such contents and all costs, expenses, charges or fines incurred by the supplier in connection with the breach will be a debt due and payable by you to the supplier.
7. Cancellation of order
7.1 You may cancel or modify an order provided that you give us written notice at least 2 business days before the proposed delivery.
7.2 If you cancel or modify an order and give this required notice, we will arrange for a refund of monies paid less:
7.2.1 our administration fee of $25.00; and
7.2.2 our booking fee of $4.00.
7.3 A request to cancel or modify an order within 2 business days before the date of delivery will be granted at the sole discretion of the supplier who may impose conditions as it sees fit.
7.4 We may cancel your order if the supplier attends the nominated address and determines that delivery would provide a risk to the health and safety of the supplier's employees or contractors or other persons in the vicinity or a risk of damage to property. If this occurs, we will provide you with a refund of the fees paid by you less:
7.4.1 our administration fee of $27.50;
7.4.2 our booking fee of $4.40; and
7.4.3 the reasonable costs incurred by the supplier in attempting the delivery.
7.5 We may cancel your order immediately without further payment to you if we receive any notification from a card issuer of disputed or alleged unauthorised activity in respect of the credit card or debit card or if the payment made by you is reversed, cancelled or is not otherwise completed.
7.6 We may cancel or modify your order if the nominated supplier can no longer provide the requested service, provided that we:
7.6.1 provide reasonable notice prior to the delivery date; and
7.6.2 take reasonable steps to substitute an alternative supplier
before the cancellation or modification.
7.7 Except as provided by clause 7.4, if we cancel your order due to the inability by us to fulfil it, you will receive a full refund of all monies paid to us in respect of the supplier services that are cancelled and neither we nor the supplier will have any further liability to you.
8. Force majeure
8.1 Both us and the supplier are not responsible to you in any way if we are unable to, or are delayed in performing our obligations under these terms if that inability or delay arises directly or indirectly from the happening of any event not within our reasonable control.
9.1 Subject to clause 9.2 and as expressly provided in these terms, all guarantees, conditions, warranties, undertakings or representations whether express or implied are excluded to the maximum extent permitted by law.
9.2 Nothing in these terms exclude, restrict or modify any right or remedy or any guarantee, condition, warranty, undertaking or
representation imposed by legislation which cannot be lawfully excluded.
9.3 Where we or the supplier cannot exclude a guarantee, condition, warranty, undertaking or representation and we are permitted by law to limit your remedy for a breach of the same then the liability is limited to (at our election) the supply of the relevant services again, or the payment of the cost of having the relevant services supplied again.
9.4 To the extent permitted by law:
9.4.1 our maximum aggregate liability to you and that of the supplier to you is limited to an amount equal to the fees payable by you under these terms; and
9.4.2 neither we nor the supplier will be liable to you for any loss beyond the normal measure of damages, including but not limited to loss of profits, loss of opportunity, business interruption arising out of our services or the supplier services.
9.5 You are liable for and indemnify us and the supplier against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full
indemnity basis, in respect of:
9.5.1 personal injury;
9.5.2 damage to property;
9.5.3 damage to the environment or contamination; or
9.5.4 a claim by a third party,
in respect of your hire or use of the bins or breach of these terms.
9.6 Your liability under clause 9.5 is reduced to the extent that the breach of these terms by us or the supplier or our negligence or the negligence of the supplier causes the liability, claims, damage, loss, costs or expenses.
9.7 Each indemnity in these terms is a continuing obligation.
10. Our website
10.1 We update our website as often as practicable, but information can change rapidly and we cannot guarantee the accuracy of the website at any time. There may be delays, defects, omissions or inaccuracies in information contained on this website for which we do not take any responsibility for. You use our website at your own risk.
10.2 We reserve the right to modify any part of our website or suspend or terminate access to the website or any service offered through our website at any time and without notice to you.
10.3 We do not take responsibility for the sites of other organisations, whether or not linked to our website:
10.3.1 our website may contain endorsements or links to third party goods or services. The third party themselves are solely responsible for the representation made in those endorsements;
10.3.2 if you choose to access goods or services from a third party you do so entirely at your own discretion and at your own risk; and
10.3.3 the content of any third party websites is solely the responsibility of the third party and we are not responsible for the content of any third party website.
10.4 The content on our website is protected by copyright. Materials on our website must not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purposes without our prior written permission. If you download any materials on our website for personal or non-commercial use, you must retain all copyright and other proprietary notices contained in the original materials or in any copies of the material.
10.5 Any comment, feedback, idea or suggestion (“comments”) which you provide to us through our services becomes our property on creation. If in the future we use your comments in promoting our services or in any other way, we will not be liable for any similarities which may appear from such use. You agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.
10.6 If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
10.7 To the extent permitted by law we do not give any warranty or represent that any information (including any file) obtained from or through our website is free from any computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
10.8 In accessing our website you must not:
10.8.1 disrupt or interfere with our website or any other user’s enjoyment of it;
10.8.2 do anything that imposes an unreasonable load on the infrastructure of the website;
10.8.3 post or transmit on or via our website any material that may infringe the intellectual property rights of any third party; or
10.8.4 copy, reproduce, frame or upload to a third party any content except as permitted by agreement with us or as permitted by the Copyright Act (Cth) 1968.
10.9 Our logo and name are our intellectual property and must not be used by you without our written permission. The logos and names of third parties are their intellectual property and must not be used without their written permission.
10.10 We reserve the right and at our sole discretion to deny access to our website without notice if you attempt or engage in any conduct we believe to be:
10.10.1 inappropriate or causes offence to others;
10.10.2 in violation of our rights or the rights of any other third party; and
10.10.3 does not comply with these terms.
10.11 Our website must not be used to:
10.11.1 falsify your identity or impersonate another;
10.11.2 interfere with or disrupt any server or network (ours or a third party) connected to this site;
10.11.3 gain access to another server or network (ours or a third party) connected to this site;
10.11.4 use any robot, spider, scraper or other automated means to access our website and collect content for any purpose without our prior express written permission;
10.11.5 attempt or commit forgery;
10.11.6 harass any individual in anyway;
10.11.7 collect personal information of other users including their contact details; and
10.11.8 violate any applicable law including State, Commonwealth and International convention and regulation.
10.12 You indemnify us and our employees, contractors and related entities (as that term is defined in the Corporations Act) from all loss, demand or claims arising out of or relating to any breach of these terms or your use of this site.
11.1 You agree not to directly approach any suppliers for the purpose of acquiring services from them that are made known to you through our website or who have provided a quotation for you through us.
13.1 These terms are governed by the laws of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State. All references to currency are in Australian dollars.
13.2 We may revise these terms at any time without notice and such revision will take effect when posted on this site. Your continued use of the site will constitute acceptance of these terms as amended.
13.3 A failure to fully exercise a right or delay in exercising a right does not result in a waiver of that right. A waiver of any right must be in writing and executed by the party granting the waiver.
13.4 If any part of these terms are or becomes invalid, illegal or unenforceable, that part will be excised from these terms and will not affect the validity of the remaining clauses.
13.5 These terms supersede over any previous agreements or representations and take priority over any other terms that you may seek to impose.
13.6 These terms can be varied by written agreement of the parties.
13.7 You must not assign any right or obligation under these terms without our prior written consent.
13.8 We and the supplier may set off any monies you owe us or the supplier against any amounts that we owe you in connection with our services or the supplier services.
13.9 We may assign our rights or obligations or subcontract our obligations under these terms without requiring your prior consent.
13.10 'Includes' and forms of that word are not limiting.
13.11 Words importing the singular include the plural and conversely.