Terms & Conditions

Skip Bins Terms and Conditions
Suction Services Terms and Conditions
FEL Bins Terms and Conditions

Skip Bins Terms and Conditions

Agreement

  1. These terms are between the Customer (“you”) and Gizzy Waste Skips Limited (“us” or “we”) and will govern our provision of services to you from time to time (“Services”) and related goods. In accepting an order of Services from us, you agree that these terms are legally enforceable.
  2. You will not mix cleanfill, hardfill and general waste into a single waste product.
  3. You will not use our waste products that form part of our Services to dump food waste, tyres, large vegetation waste, oil, chemicals, asbestos, paint or any other hazardous material without our prior written consent.
  4. You will ensure that we have access to your delivery address for both delivery and collection of our waste product, failure to do so will result in the non-delivery (with payment still being required as per our agreed booking) or non-collection (with our daily rate continuing to accrue as per our agreed booking) as befit the circumstances.

Payment

  1. Unless we agree otherwise with you, payment for the Services must be received prior to us delivery of your waste product.
  2. Where you exceed the weight or volume limit of our Services you, we reserve the right to not collect the waste product until the weight or volume limit is in line with the original order (and charge you per day that the waste product is with you) or charge you a default rate in accordance with our usual charges for overweight or overvolume limits as at that date. You will pay this amount on issue of our invoice and will be considered in default 7 days following issue of our invoice.
  3. Where you are not required to pay for the Services in advance, you agree to pay us on the 20th of the month (“Due Date”) unless we have agreed to other payment terms in writing with you.

Ownership and Risk

  1. You agree that you do not own any waste product that we deliver to you as part of our Services, we retain ownership. You must not take any action that could be viewed as asserting ownership over our property and ensure that no third party attempts to take our property while it is delivered to your delivery address.
  2. You will be liable for the costs of repair required to our waste products while they are at your delivery address.

Default

  1. If you do not pay us by the Due Date or you are in default of any obligation under this agreement then you agree that:
    • we may charge you interest at a rate of 2% per month which will be calculated daily on total amounts owing to us including interest that has been compounded onto amounts outstanding;
    • we may come and collect our waste products that form part of our Services, you agree to permit us with access to your delivery address so that we can do so.
  2. Should we have to enforce these terms or if you are in breach of any of these terms you agree to indemnify us and be liable to us for all loss that results from that including but not limited to all our actual costs of collection (extending to third party debt collectors costs and our solicitor and own client costs) and any loss due to us being unable to recover the our waste products from your delivery address.

Warranty

  1. We will deliver the waste product that forms part of our Services to you in state that is fit for the purpose of disposing of waste material (as set out to you in the order process or failing that, ordinary, non-hazardous waste). No further warranty is provided in respect of the Services or our delivery to you.  We do not guarantee delivery times.

Cancelling Orders

  1. You may cancel an order until it is delivered to you. Once the waste product that forms part of our Services have been delivered to you, you must accept them.

Amendment, Assignment and Termination

  1. Either party may end this agreement by notice in writing to the other party, in the event that this agreement is ended, then we will issue you with an invoice and you must pay all amounts that owing. The terms of this agreement will continue until all amounts have been paid by you.
  2. We may assign this agreement at any time in our discretion.
  3. These terms may be amended by us by sending you new terms from time to time. If you order Services from us after being sent new terms this act will be acceptance of our new terms.

Privacy

  1. You acknowledge that we may hold your information and you authorise us to disclose this information to third parties for the purposes of assessing your creditworthiness. You may contact us at any time to correct any information that we hold for you.

Suction Services Terms and Conditions

Agreement

  1. These terms are between the Customer (“you”) and Gizzy Waste Skips Limited (“us” or “we”) and will govern our provision of services to you from time to time (“Services”) and related goods. In signing the credit application form or accepting an order of Services from us, you agree that these terms are legally enforceable.
  2. You will not request us to action our Services for collection of material where the nature of that material has not been agreed to in advance by us. You will specifically advise us if you require us to collect any material that may be hazardous or dangerous and we reserve the right to refuse collection. Where you do not advise us, you indemnify us from any costs, expenses, loss or liability incurred as a result of transporting, storing and disposing of this material including legal costs on a solicitor and own client basis.
  3. You will ensure that we have access to your collection address failure to do so will result in the non-collection (with payment still being required as per our agreed booking).

Payment

  1. Where you exceed the weight or volume limit of our Services you, we reserve the right to not collect your material until the weight or volume limit is in line with the original order or charge you a default rate in accordance with our usual charges for overweight or over volume limits as at that date. Where necessary this may require additional visits from us and you will be charged accordingly.
  2. You agree to pay us 7 days following the issue of our invoice (“Due Date”) unless we have agreed to other payment terms in writing with you.

Ownership and Risk

  1. We will not be liable for any damage caused by us while we are at your collection address unless due to our deliberate action.
  2. You will be liable for the costs of repair required to our equipment where our equipment is damaged by you or we collect material from you that was not previously agreed and this damages our equipment.

Default

  1. If you do not pay us by the Due Date or you are in default of any obligation under this agreement then you agree that:
    • we may charge you interest at a rate of 2% per month which will be calculated daily on total amounts owing to us including interest that has been compounded onto amounts outstanding;
    • we may come and collect our waste products that form part of our Services, you agree to permit us with access to your delivery address so that we can do so.
  2. Should we have to enforce these terms or if you are in breach of any of these terms you agree to indemnify us and be liable to us for all loss that results from that including but not limited to all our actual costs of collection (extending to third party debt collectors costs and our solicitor and own client costs) and any loss due to us being unable to recover the our waste products from your delivery address.

Warranty

  1. We will provide our Services to you in a competent and tradesman like manner. No further warranty is provided in respect of the Services or our delivery to you. We do not guarantee delivery times.

Cancelling Orders

  1.  You may cancel an order until we have left to collect your material. Once we are en-route to your collection address you will be liable for our fees.

Amendment, Assignment and Termination

  1. Either party may end this agreement by notice in writing to the other party, in the event that this agreement is ended, then we will issue you with an invoice and you must pay all amounts that owing. The terms of this agreement will continue until all amounts have been paid by you.
  2. We may assign this agreement at any time in our discretion.
  3. These terms may be amended by us by sending you new terms from time to time. If you order Services from us after being sent new terms this act will be acceptance of our new terms.

Privacy

  1. You acknowledge that we may hold your information and you authorise us to disclose this information to third parties for the purposes of assessing your creditworthiness.

FEL Bins Terms and Conditions

Agreement

  1. You agree to these terms and conditions by any of accepting an estimate or quote by us, engaging our services after being provided a copy of these terms and conditions or by confirming your acceptance to these terms and conditions.
  2. These terms and conditions may be amended by us by providing you with 21 days’ notice of such change in writing. Where these terms and conditions are amended then you may cancel this agreement within the 21-day notice period provided that we will issue you with an invoice for all services provided to that date.
  3. Where we notify you of an amendment to these terms and conditions and you do not serve a notice of termination within the 21-day notice period you will be deemed to have accepted the amended terms and conditions.

Our Obligations

  1. We will complete the Services in compliance with good industry practices and according to applicable laws and regulations.
  2. We will provide Equipment you request and pay for as part of the Services and ensure that the Equipment is suitable for the Services that we intend to provide.
  3. We will comply with all privacy laws as it pertains to your personal information. You authorize us to use your personal information for the following:
    • Conducting any credit checks with any agencies that we consider appropriate;
    • Reasonable communication with you as a customer including but not limited to advertising and updates on services;
    • For the purposes of business management provided that any personal details will be anonymized as much as possible considering the intended use of the information.
  4. You may contact us at any time to identify personal information that we hold for you and to correct this if necessary.

Your Obligations

  1. You must:
    • Pay all amounts due and owing to us on the due date for payment;
    • Comply with all requirements in respect of the use of the Equipment;
    • Only put correct waste and recycling out for collection as part of our Services
    • Ensure access to your property, any collection containers, or Equipment for us to provide the Services
    • Ensure that any collection containers that you supply for us to provide the Services to you are fit for purpose and not a risk to our contractors, employees and property
    • Ensure any Equipment we provide to you is maintained in a good and serviceable condition and is not damaged or put at risk
    • Immediately notify us of any damage or risk to our Equipment
    • Not put any dangerous goods in any collection containers or Equipment that we empty or deal with as part of the Services and otherwise put all Waste and Recyclable Materials in containers so that our employees and contractors can handle them safely.

Charges and Costs

  1. Where we have agreed to a set cost or price this will be communicated to you in a written quote, invoice or otherwise in writing (Charges).
  2. We may review our Charges at any time by providing you with 21 days' notice of the change in the amount of the Charges. These charges will be reflective of external cost increases due to taxes, disposal costs and CPI inflation.
  3. Where you do not pay any amounts on the due date for payment then we may, without limiting our rights at law:
    • On-charge all of our costs of enforcement including legal costs on a solicitor and own client basis;
    • Charge interest on all amounts outstanding at a rate of 18% per annum calculated daily.
  4. All Charges will be due 20th of the month following the date of invoice unless otherwise noted on your quote, invoice or otherwise in writing.
  5. All Charges will be plus GST.

Default

  1. Where you breach this agreement we may, in addition to our rights at law and otherwise in this agreement (for example the right to charge interest and costs of enforcement):
    • Suspend the Services;
    • Withhold any Equipment.
  2. Where either party is in breach of this agreement, and remain in breach of this agreement for more than 14 days following notice from the party that is not in breach, then the party that is not in breach may cancel the agreement without prejudice to any other rights they have at law.

Cancelling the Agreement

  1. Where we have agreed to a Term for the agreement, neither party can cancel this agreement while the Term operates unless specifically provided for in this agreement.
  2. Where the Term has expired or there is no Term agreed, then either party may cancel this agreement on one months’ notice in writing to the other party.

Limitation of Liability and Indemnity

  1. Our liability to you will be limited to the amount of three months’ Charges. We will only be liable for direct damage caused to your property by us or our contractors but only where we have acted negligently or deliberately. We will not be liable for any indirect, consequential or financial losses (including but not limited to loss of profits) that may occur as part of the Services.
  2. We will not be liable to you for any instance in where the Services are unavailable or performed late.
  3. Where you breach this agreement, including but not limited to where you place any material or goods to be collected as part of the Services that is Excluded Material, you agree to indemnify us against any loss or cost that we suffer due to your breach, which may include any Worksafe claims or fines, loss of property, and economic loss where your breach causes damage to our property and it is unavailable to provide the Services to other customers.

Personal Property and Securities Act 1999

  1. You waive all rights available, to the extent permitted by that Act, in respect of the Personal Property and Securities Act 1999 to receive notices in respect of financing statements, registrations and verification statements.
  2. You agree that we retain ownership and rights in respect of the Equipment and may register a financing statement against you.

Further Provisions

  1. Where you sign this agreement on behalf of a company or trust, you personally warrant that you are authorized to execute this agreement on behalf of that company or trust.
  2. We may assign the rights and obligations under this agreement by notice in writing to you.
  3. Clauses 4.4 and 7.1 to 7.3 (inclusive) are intended to survive termination of this agreement.
  4. The following terms used in this agreement have these meanings:
    1. Equipment means any bins or equipment that we supply to you in order to provide you with the Services if any.
    2. Excluded Materials means any item that we decide is not disposable or any item, substance or liquid that is explosive, hazardous, illegal, dangerous or which may create a fire hazard or requires specific licensing to transport which we do not hold.
    3. Recyclable Materials means any material that we accept is commercially recyclable in the industry that you dispose of to us as part of the Services.
    4. Services means the waste and material removal services identified on our estimate, quote, invoice or otherwise in writing.
    5. Us means Gizzy Waste Skips Limited or our assigns.
    6. Waste means any non-hazardous waste or items that we accept is commercially disposable in the industry that you dispose of to us as part of the Services.
    7. You means the customer or entity that has engaged us to provide the services.