This Service Agreement is dated that date as in the Accepted Quote between:
Zilch Waste (ABN 54 631 325 785) Address: 38 – 72 Griffiths Street, Harlaxton QUEENSLAND 4350 Australia (ZW)
And the Customer being the person or company (“You” or “Your” or “Hirer”) who/which has accepted a quote and agreed to pay for the hire of Hire Item/ or products in full using the supplied payment details with authority to charge the amount outlined on checkout.
Whereas You have visited ZW’s Website or contacted ZW by phone and requested and accepted a quote(Accepted Quote) for the provision of Hire Item/s or purchase products subject to the terms of this Agreement.
In this agreement the terms and words are outlined here:
Accepted Quote means the ZW Quote you have requested and have accepted either via the Website or over the phone detailing the Waste
Act of Insolvency means a Party becoming subject to external administration within the meaning of Chapter 5 of the Corporations Act 2001.
Additional Fees means any additional fees charged or chargeable by Us to You because:
(a) the type of Waste collected is of a different classification to the type of Waste stated in the Accepted Quote or the Waste is contaminated and is unable to be disposed of by Us;
(b) the Collection Date is extended by You;
(c) the Collection and Waste disposal costs including excess disposal fees (fees not anticipated) charged by the nearest disposal facility to dispose of the Waste You have disposed of not which was not specified in the Accepted Quote including any council or other government authority fees; or
(d) of any other fees (including Cancellation Fees) or expenses or charges incurred by ZW in Collecting or disposing of the Hire Items(s) or Waste due to Your failure to comply with the Agreement.
(e) any insurance excess incurred by Us to make an insurance claim resulting from the supply of the Hire Item(s)to You.
(f) fees and charges set out here.
Agreement means the terms and conditions set out in the Accepted Quote and this Service Agreement.
ZW means Zilch Waste (A.B.N. 54 631 325 785).
Associates means sub-contractors who supply services and Hire Item(s) to ZW from time to time.
Booking Confirmation is the document that confirms the Services that were agreed in the Accepted Quote that is emailed (or mailed) to the email or mailing address given by You.
Claim means any claim, demand, action, proceedings, judgement or other award for Damages brought or made or recovered (whether or not presently ascertained immediate future or contingent) by any party including claims for or arising from wilful or tortious acts or omissions or under Law.
Collection means the act of ZW collecting the Hire Item/s.
Collection Date means the date specified in the Accepted Quote or the date ZW collects or pick up the Hire Item(s) from You.
Credit Card means the credit card the details of which were entered by You or given by You to us at the time of and as part of the Accepted Quote.
Customer means the entity, company or person requesting the provision of Hire Item(s) and Waste Services by ZW.
Dispute means a dispute initiated by either ZW or You under clause 8.
Damages means all liabilities, losses, damages, costs and expenses, including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties.
Delivery Date means the date agreed to be the date for delivery of the Hire Item(s) by ZW.
Delivery Period means the date commencing on the Delivery Date and terminating at the agreed time on the Collection Date or if no agreed time, a time and date as selected by ZW.
Fair Wear and Tear means minor scratches less than 25mm in length, small dents less than 20mm diameter or minor dents and deformations in the floor or on the bottom of any Hire Item(s).
Fees means the fees payable to ZW to hire the Hire Item(s) and to facilitate the Waste Services according to the terms of the Agreement including:
(a) Hire Item(s) delivery costs;
(b) Hire Item rental costs relating to the period specified in the Accepted Quote;
(c) Collection and disposal costs including authority fees; and
(d) any Additional Fees.
Force Majeure means any circumstances beyond the reasonable control of ZW (including, without limitation, any strike, lock out or other form of industrial action, accident, inclement weather, difficulties in obtaining fuel parts or machinery, power failure or breakdown, or malfunction of machinery or computers.
GST means any Goods and Services Tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 or any related Law by a party as a supplier of goods or services.
Hazardous Waste means explosive, flammable, poisonous putrid, toxic, ecotoxic or infections characteristics. It may include, but is not limited to radioactive waste, paint, medical waste, syringes, asbestos, acids, liquids and fire ants. The cost of disposal and cleaning from any Hazardous Waste is the liability of the hirer.
Hire item(s) means any Skip Bin or any other Hire Items(s) provided as part of the Service;
Hire Period means the period from delivery of the Hire Items(s) to You, until the Collection Date;
Law includes any requirement of any statute, regulation, proclamation, ordinance, by law or common law, present or future and whether state, federal or otherwise.
Party means You and ZW.
Personal Information has the meaning given in the Privacy Act;
Personnel means, in relation to a party, the directors, officers, agents, employees and
sub-contractors of that party;
Privacy Laws means the Privacy Act, together with any applicable State or Territory
health privacy legislation;
Supplier means ZW or is duly authorised agent, Associates or sub-contractor.
Service(s) means the supply of Hire Item(s) by ZW, it’s employees, servants, agents or sub-contractors or Associates for the Hire Period to facilitate the removal of Waste and disposal of the contents of the Hire Item(s).
Site means the place where you requested and directed Us to deliver the Hire Item(s) or provide the Service;
Skip Bins means a waste container provided by ZW to You forming part of the Waste Services.
Skip & Hook Bins Sizes vary slightly depending upon variation in manufacturer and incidence of repairs. A bin is quoted to the nearest whole M3 as is industry standard.
Waste Services means the services requested by You and referred to in the Accepted Quote and Confirmed in the Booking Confirmation including the delivery and rental of the Hire Item(s), the Collection of the Hire Item(s) and disposal of Waste contained in the Hire Item(s).
Waste means the waste, rubbish, other refuse or material deposited in the Hire Item(s) while in your possession.
Website means the website known as www.zilchwaste.com.au.
Working day shall mean Monday to Friday in any week excluding public holidays. We operate our trucks Monday to Friday 6.30am to 4.30pm. We do not operate on public holidays or weekends. Our Office hours are Monday to Friday 7am – 4.30pm.
You, means the person or entity submitting the request for Waste Services via the Website or by telephone or text.
1.1 ZW must deliver the Hire Item(s) to you except as specifically otherwise agreed in writing ZW is under no obligation to deliver the Hire Items(s) elsewhere.
Communication: Please advise us of any important issues in regards to servicing your site/s to assist us in providing you efficient service. Eg:Crane onsite, difficult entry, wet conditions, site deliveries, Heavy Bins or if there is room for a changeover on site. Allow up to 48 hours notice when booking in your delivery / changeover. Please note that our office hours are 7am-4:30pm. Bin servicing is subject to Force Majeure events.
You must:
(a) provide and adequately maintain all necessary approach roads and Sites for the purpose of the delivery;
(b) rely on Your own skill and judgment and to satisfy yourself as to the suitability of all approach roads, tracks, or grounds, for the purposes of delivery, siting and collection of Hire Item(s) and to notify Us prior to delivery if there are any special requirements for delivery.
(c) promptly on arrival of our delivery vehicle, provide a suitable site for delivery and accept delivery. The driver will endeavour to place the skip bin position as requested by You. Driver does reserve the right to change placement of bin at their discretion for safety and accessibility reasons.
(d) ensure that an authorised person is present at the time of delivery and collection to sign and acknowledge delivery and/or collection of the Hire Item(s) and that such authority is signed on delivery or collection by such authorised person and not otherwise. You agree that any delivery or collection not signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of You and that where no such person is available to sign such proof of delivery or collection within 10 minutes from arrival of the Hire Item(s) or the vehicle on the site ZW’s written confirmation of delivery shall be final and binding upon You.
(e) You indemnify ZW against any claim, demand or penalty arising during the period of hire and arising from provision of the Service including, but not limited to all 3rd party claims, or claims for damages arising out of accidents related to any Hire Item(s) the subject of the Agreement.
2.1 The Hire Item(s) are provided expressly for the purpose of collecting the Waste.
2.2 During the Hire Period You must:
(a) limit the quantity of Waste placed in the Hire Item(s) so it is filled no higher than the top of each side and no spillage of Waste material occurs either while stationary or in transit;
(b) stop any liquids or any explosive, toxic, dangerous, hazardous, noxious materials or any other environmentally unfriendly substance including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete being placed in the Hire Item(s). Mattresses are also not accepted.
(c) prevent burning materials being placed in the Hire Item(s) or tyres or burning of Waste occurring in the Hire Item(s);
(d) use the Hire Item(s) on Site;
(e) not move or relocate the Hire Item(s) from the Site by any means otherwise you will be liable for any damages incurred or additional costs incurred by ZW to recover the Hire Item(s);
(f) be responsible for the safe keeping of the Hire Item(s) and indemnify ZW for any loss or damage to it by whoever and howsoever caused;
2.2 You further agree that:
(a) ZW may retake possession of the Hire items(s) immediately without notice to You if it is illegally parked or stored or if, in ZW’s opinion it has apparently been abandoned or it is being used, or has been used, in contravention of any term of the Agreement or Law.
(b) the Hire Item(s) will be available for Collection on the Collection date noted in the Accepted Quote (or any agreed extension of the Collection Date) in the same condition in which it was delivered;
(c) you must give ZW 24 hours’ notice prior to 6.00am of the day of collection of any required extension of the Hire Period;
(d) if there is a Dispute, Zilch Waste reserves the right to leave the Hire item(s) and/or rubbish onsite, until all issues have been resolved, including financial compensation if applicable unless otherwise agreed;
(e) any excess Waste placed in the Hire Item(s) above the top of its sides must returned to the Site prior to Collection and at your expense;
(f) Chain Of Responsibility laws apply to you from the point of loading the skip bin to the transport operator.
2.3 You will be responsible for the Hire item(s) and all Fees will continue to accrue until ZW makes its final inspection following Collection and disposal of the Waste.
3.1 All Fees, Additional Fees for the supply of the Waste Services must be paid as and when due and immediately upon request by ZW which includes but is not limited to:
(a) the hire costs where the collection date specified in the Accepted Quote is extended by You;
(b) Repair costs where Hire Item(s) are damaged;
(c) Additional weight charges where the weight of the Waste, refuse or material placed Hire Item(s) exceeds the prescribed weight for such the Hire Item(s) and ZW reserves the right to refuse any and all refuse any collections that are not in compliance with all Government transport, Workplace Health and Safety and Chain of Responsibility regulations.
(d) the cost to unload the Hire Item(s) to a safe working load and the cost for any additional Skip Bin if the Hire Item(s) cannot be loaded properly.
(e) additional travel charges where access to deliver or collect the Hire Item(s) has not been provided and extra travel cost have been incurred. These additional travel charges must be paid on demand by ZW and You authorise ZW to charge such payment to any credit card provided to ZW without further authorisation or notice to You.
(f) any losses, damages or costs and expenses suffered by Us not recovered through insurance.
3.2 In consideration of ZW extending credit and providing Waste Services to the Customer or You, and You accepting the quote provided, You guarantee payment to Us all Fees and Additional Fees including amounts owed in excess of the credit limit and any interest applicable.
3.3 If your debt is referred to a debt collection agency, you must pay all costs that are incurred in connection with the recovery of the outstanding debt. This includes administration fees, agency’s fees and any legal fees associated with the finalization of the outstanding debt.
Extra charges list:
1. Site Attend Fee $80 + gst (This is charged when we get to site and cannot access or do the job for any reason without prior notification from site. Travel charges will still apply as well where applicable.)
2. Relocation/Move Fee $80 + gst (This is charged if we are instructed to come to site to relocate/move a bin onsite, if not in the area. Travel charges will still apply as well where applicable.) 3. Overloaded Skips $80 + gst (This is charged as it is unsafe and illegal to carry an overweight bin)
4. Travel Fee $1.70/Km + gst (This is charged if we have to travel outside of the town radius of 10km. Charged on the Round trip)
5. Tyre Disposal Fee $45+ gst
6. Mattress Disposal Fee $25+ gst
7. Rental Fee above standard $10/day +gst
8. Other Hazardous waste - TBA
9. Wait for Bin to be loaded - TBA
10. Damage to Bin - TBA
4.1 ZW warrants the Waste Services will be provided to You with due care and skill in a competent and workmanlike manner and according to generally applicable industry standards.
4.2 To the extent permitted by Law, all other expressed or implied warranties, representations, terms and conditions other than those expressly contained in the Agreement are expressly excluded from the Agreement
5.1 ZW indemnifies You against all Claims in relation to personal injury (including sickness and death) to the extent they result from the negligent or wilful acts of ZW.
5.2 The indemnities and remedies in this clause will be your exclusive remedy against ZW for infringement of the Agreement
5.3 You acknowledge and warrant that You have not relied on any representation including any description, illustration or specification contained in any document including the Website which has not been expressly stated in the Accepted Quote or the Agreement.
5.4 You acknowledge that to the extent ZW has made any representation not expressly stated in this Agreement, you have been provided with the opportunity to independently verify the accuracy of that representation.
5.5 You indemnify ZW and its Associates against any Claim resulting from or relating to:
(a) the provision of Waste Services or Your use of the Hire Item(s) except to the extent the Claim results from or relates to any breach of this Agreement or any negligence or wilful act by ZW;
(b) any personal injuries (including sickness and death);
(c) any misuse of or modification or damage to the Hire Item(s);
(d) any incorrect classification or contamination of Waste; or
(e) the siting or attempted siting of the Hire Item(s) in locations other than on a highway.
(f) ZW reserves the right to charge customers fo rany additional costs incurred due to any bio security breeches from materials loaded into our bins. This would include fire ant infestations, prohibited weed seeds , or any other bio security outbreak. Addittional costs could include fumigation costs, additional handling, wrapping, freight or any other related costs.
6.1 Despite any other provision herein, ZW’s 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 Waste Services or the Agreement, will not exceed the Fees actually paid by You to ZW under the relevant Accepted Quote.
6.2 ZW 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 ZW has been advised of their possible existence and even if such loss, damage or expense is caused by the negligence of ZW or its Associates.
6.3 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 ZW for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.
6.4 Where Law implies a condition or warranty to an Accepted Quote, which has not or cannot be excluded, ZW’s liability for the breach of that condition or warranty is limited, at ZW’s entire discretion to:
(a) supplying the Waste Services again; or
(b) payment of the cost of having the Waste Services supplied again.
7.1 You will be liable to ZW for any damage to the Hire Item(s) which occur(s) while the Hire Item(s) is/are in Your possession, subject to Fair Wear and Tear.
7.2 The title in the Hire Item(s) does not transfer to you and remains with Us and You are expressly prohibited from charging or otherwise encumbering the Hire Item(s).
8.1 Neither Party will start any court, arbitration or chargeback proceedings relating to a Dispute without complying with this clause except where a Party seeks urgent interlocutory relief.
8.2 The Party claiming that a Dispute has arisen under or in relation to a quoted, ordered, booked or delivered service must give written Notice to the other Parties specifying the nature of their Dispute (such written notice can be made by postal mail, or email).
8.3 On receipt of that Notice by the other Party, all Parties must endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or other techniques agreed by them.
8.4 Where the Customer initiates a Credit Card Chargeback with their Bank or Credit Card Issuer they agree to provide a copy of all documentation and information lodged with the Chargeback claim. Where they do not provide this information directly to ZW, they agree that all such information should be provided by the Card Issuer directly to ZW without any censorship or redaction
8.5 If the Parties can not agree within twenty one days of receipt of the Notice (or any further period agreed by them) as to:
(a) the dispute resolution technique and the procedures to be adopted;
(b) the timetable for all steps in those procedures; and
(c) the selection and compensation of the independent person required for such technique, then the Parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of Queensland. The Parties must request the President of the Law Society of Queensland or the President’s nominee to select the Mediator and determine the Mediator’s remuneration.
9.1 Without limiting the generality of any other clause in the Agreement, a Party (the Terminating Party) may terminate an Accepted Quote or this Agreement immediately by notice in writing if:
(a) the other Party is in breach of any term of the Agreement and the breach is not remedied within 7-days of notice by the Terminating Party to rectify that breach;
(b) the other Party commits an Act of Insolvency;
(c) the other Party ceases or threatens to cease conducting its business in the normal manner; or
(d) any Fees not paid by You by the due date in any given tax invoice rendered by ZW to You.
9.2 In the event of such termination under clause 9.1, You must pay ZW for all Fees incurred prior to the effective date of termination.
You authorise ZW to collect, retain and use personal information about you for the purposes of: (a) assessing your creditworthiness (b) processing payment for any services which you purchase from any party using the website; (c) provision of information to suppliers to enable performance under an approved purchase order and (d) 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 (Australia), you may request access to or correction of your personal information held by ZW subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
The Agreement is governed by and construed in accordance with the Law of Queensland in force at the time of the quote being accepted by You, and entering into the agreement, you agree to submit to the non-exclusive jurisdiction of the Courts of that State.
