Terms of Hire
You acknowledge and agree that by accepting a quote from All Over Bins and booking a bin through our website at www.alloverbins.com.au you agree to the following terms and conditions which form part of a legally binding agreement between All Over Bins Pty Ltd ABN 33 613 296 290 the registered office of which is situated at 1407 Burke Road, Kew East (All Over Bins) and you the customer (you or Customer) who has accepted the quote provided by All Over Bins (Agreement). You also agree to be bound by clauses 6, 7 and 9 of the Agreement when you use, browse or access any part of the website, even if you do not accept a quote provided by, or proceed with booking a bin with, All Over Bins.
You should read through the Agreement carefully and if you have any queries please contact our Customer Service Representative on 1300 555 087 before you place any order for a bin with All Over Bins. If you do not agree to the terms of this Agreement, you must not book a bin from All Over Bins.
1. Bin Hire
1.1 All Over Bins will use its best endeavours to deliver the bin to the address nominated in the quote on the delivery date and collect the bin on the collection date as specified in the quote. All Over Bins will not be liable for any delay in delivery to, or collection from the time specified in the quote. Each quote is valid and correct as at the time provided, and will remain valid for any bin booking carried out immediately following provision of the quote. If you do not proceed with a booking at the time of obtaining a quote, a revised quote will be provided when you next make an enquiry with All Over Bins and that revised quote will supersede and replace any earlier quote.
1.2 All Over Bins will use its best endeavours to provide the bin specified in the quote on the terms set out therein but may at its sole discretion substitute another size bin or bins for you to use from the delivery time to the collection time specified in the quote. If for any reason All Over Bins is not able to deliver or collect the bin on the date or at the time nominated in the quote, then All Over Bins will notify you and confirm in writing (or via SMS) another suitable date and/or time before proceeding with the booking. If a revised date or time cannot be agreed by the parties, All Over Bins will immediately refund to you any amounts paid as part of the booking process.
1.3 Once delivered, the positioning, filling and collection of the bin is under your control and you agree not to:
(a) allow any burning of waste in the bin;
(b) place or allow to remain in the bin any non-complying waste, including but not limited to any liquid waste, any waste that may be explosive, toxic, dangerous, hazardous, noxious, acids, solvents, minerals, greases, oils, liquid concrete or asbestos (non-complying waste);
(c) fill or allow bin to be filled higher than the top of its size or in any way which may result in spillage of waste; and
(d) move the bin or use the bin for any other purpose than for the placement of waste.
1.4 You agree to have the bin ready for both delivery and collection as specified in the relevant quote, with clear access available to the driver in order to both deliver and collect the bin within twenty four (24) hours of the delivery date or collection date (or such other times as specified in the quote).
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 suitable ground conditions for the delivery and a suitable and legal position for placement and removal of the bin. No responsibility will be taken by All Over Bins for any damage to any surface and you are required to take all steps reasonably necessary to protect such surfaces before delivery.
1.6 All Over Bins may refuse to enter the delivery site if in its sole and absolute discretion the delivery site is not acceptable from a safety perspective or does not comply with all applicable laws.
1.7 If you require an extension of the collection date you must give All Over Bins no less than one (1) business days' notice of such an extension and you agree to pay any additional fees charged by All Over Bins including any requirement for the extension of any permits immediately on demand or as otherwise contemplated by this Agreement.
1.8 If you are in default under this Agreement All Over Bins may immediately collect its bin(s) without prior notice to you and deposit any waste in the bin on the delivery site. It will be your responsibility to then have the waste removed and you agree to indemnify and hold All Over Bins 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 delivery site.
1.9 The Customer indemnifies All Over Bins (and its officers employees and agents against any damage, loss, penalties or fines incurred by All Over Bins arising as a result of the Customer's bin hire (whether as a result of the Customer's employees, agents or contractors acts, omissions or negligence or any other reason) and must pay any amount claimed by All Over Bins under this clause 1.10 within seven (7) days of the date All Over Bins demands payment in writing, failing which any such amounts will constitute Excess Charges and be charged to you in accordance with this Agreement.
1.10 On and from the time the driver collects and loads the bin on to the truck following your hire period, the contents of the bin are deemed to vest in All Over Bins subject to you complying with this Agreement (included but not limited to not placing non complying waste in the bin) and you acknowledge and agree that you will have no claim to the waste from that time onwards.
1.11 You acknowledge and agree 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 5 metres and are provided with an 8 metre bin and proceed to fill the bin with waste up to 8 metres you will then be charged for 8 metres of waste and not 5 metres of waste.
1.12 You will not permit the bins to be removed from the delivery site by any person unless authorised in writing by All Over Bins (such authority can be given or withheld in All Over Bins absolute discretion).
1.13 You must ensure the bin is sufficiently visible and appropriate warning signals are posted on and around the bin, whilst the bin is located at the delivery site.
1.14 You indemnify All Over Bins for any loss or damage suffered or incurred in respect of any of its bins and undertake to pay All Over Bins any and all additional fees for any non-standard cleaning that is required due to the waste placed in the bin by you as advised to you by All Over Bins after the collection date.
2. Bin Costs
2.1 You agree to pay All Over Bins either:
(a) upon accepting the quote by credit card – in which case you irrevocably and unconditionally authorise All Over Bins to charge your credit card with such costs and any additional fees which may become payable in accordance with this Agreement (including all Excess Charges, as defined below); or
(b) upon delivery of the bin to the delivery address by cash or cheque provided that in the event you are paying by cheque the following details are clearly endorsed on the back of the cheque:
1. the full name of the signatory;
2. the current address of the signatory; and
3. the current drivers licence number of the signatory.
You must provide a photocopy of your current drivers licence complying with your full name and current address to the delivery driver or to our office prior to delivery.
2.2 You agree to pay to All Over Bins, any and all Excess Charges:
(a) immediately on notice by All Over Bins (as contemplated below) if you paid for the initial bin hire by credit card; or
(b) within seven (7) days of the date of an invoice issued to you by All Over Bins if you paid for the initial bin hire by cash or cheque. You acknowledge that there may be additional fees charged by All Over Bins including but not limited to permit costs, cleaning fees, overloading charges, costs associated with rectification of any damage to the bins, waiting time charges, return and collection charges, charges associated with any change in the nature of waste disposed of in the bin, extra tipping fees, cancellation fees, overweight fines and interest on overdue accounts (among others) as contemplated by this Agreement (Excess Charges). You also acknowledge and agree that your credit card details will be retained on file and authorise All Over Bins to deduct any Excess Charges from your credit card as and when those Excess Charges arise without further notice to you.
2.3 You acknowledge that different types of waste loads are charged by All Over Bins at different rates and you must pay to All Over Bins any Excess Charges associated with a change in the nature of the waste placed in the bin, from the type of waste specified in the quote.
2.4 In the event All Over Bins incurs extra tipping fees or any VicRoads overweight fines you will be responsible for such fees and fines and must pay the relevant amounts as part of the Excess Charges to All Over Bins in accordance with this Agreement.
2.5 If for any reason All Over Bins’ drivers are required by you to wait beyond fifteen (15) minutes to deliver or collect a bin, then All Over Bins reserves the rights to charge you a waiting time fee at the rate of $30.00 per quarter hour or part thereof after the first fifteen (15) minutes.
2.6 If access is not given to the driver to collect the bin in accordance with this Agreement and the driver is required to attend at a later time to collect the bin, an extra fee will be charged at the rate of $65.00.
2.7 All Over Bins will charge interest on all overdue amounts by the Customer from time to time at a rate that is 2% higher than the rate specified in the Penalty Interest Rate Act 1983 (Victoria) from the due date of payment to the date on which payment is made by the Customer to All Over Bins in respect of that amount.
All fees as set out in this Agreement are inclusive of GST and All Over Bins will provide you with a tax invoice in respect of your bin hire fees, together with any Excess Charges. Note: Permits do not currently attract any GST.
4. Cancellation of Hire
You may cancel a bin hire by providing not less than one (1) business days' notice to All Over Bins prior to the delivery date specified on the quote, provided that you pay a cancellation fee equivalent to 50% of the total bin hire to All Over Bins immediately on demand. You acknowledge and agree that this amount is a genuine pre-estimate of the loss or damage which All Over Bins will suffer or incur as a result of your cancellation of the bin hire and undertake not to challenge the validity of this clause.
5. Variation of Bin Hire
You may vary the terms (including bin size, hire duration or delivery and collection days, times and/or address) (Variation) by providing no less than one (1) business days' notice to All Over Bins prior to your scheduled delivery date as specified on your quote.
The Customer may request a Variation at any other time at the sole discretion of All Over Bins, and subject to payment by the Customer to All Over Bins of any other costs or fees associated with granting the Variation.
6. Warranties and Limitation of Liability
6.1 Any representation, warranty, condition, guarantee or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law
6.2 Nothing in this Agreement excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred on the Customer by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified.
6.3 To the fullest extent permitted by law, the liability of All Over Bins for a breach of a non-excludable condition or warranty referred to in clause 6.2 is limited, at All Over Bins option, to either supplying the bins again, or paying the cost of supplying the bins (or substitutable products) to the Customer again.
6.4 Notwithstanding anything else contained in this Agreement the maximum liability of All Over Bins to the Customer (or any other person) for all proven losses, damages, liability and claims (including liability for breach, in negligence or in tort or for any other common law or statutory action) under this Agreement is limited to the greater of the total fees actually paid by the Customer to All Over Bins in respect of the relevant bin hire, and $100.
6.5 Notwithstanding any other clause in this Agreement, All Over Bins will not be liable for:
(a) any indirect, incidental, special or consequential loss or damage, pure economic loss damages and exemplary or punitive damages, including loss or damage in relation to loss of use, loss of production, loss of revenue, loss of profits or anticipated profits, loss of business, loss of business opportunity, loss of contract, loss of reputation or opportunity, business interruptions of any nature, loss of data, data corruption rectification costs or loss or damage resulting from wasted management time;
(b) any loss directly or indirectly caused by, result from or are contributed to by any wrongful, wilful or negligent act or omission of the Customer or any of its officers, employees, agents or contractors; and
(c) any loss or miss-delivery, failure to deliver or delay in delivery of the bins, whether due to any action or inaction by All Over Bins or any other person or otherwise.
6.6 For the avoidance of doubt, All Over Bins will not be liable for any claim, liability or inconvenience of any kind incurred, suffered or sustained by the Customer as a result of any failure by All Over Bins to have a bin booked by the Customer delivered to the nominated delivery site at the time or date specified in any quote, or any cancellation by All Over Bins of an order.
7. Use of the Website
7.1 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, subject to your rights under the Australian Consumer Law and clause 6.4 neither All Over Bins 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).
7.2 Copyright and Limited Reproduction Notices: The content of the website (website material) is the copyright of All Over Bins. 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.
7.3 Linking: The website may include links to third party materials (linked sites). All Over Bins has not reviewed and 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 All Over Bins’ endorsement of the site or any association with their operators. All Over Bins reserves the right to prohibit links to the website and you agree to remove or cease any link at All Over Bins’ request. You may not frame any part of the material contained in this website or otherwise include advertising or other revenue generating material in conjunction with this website.
7.4 Advertisers: Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party. All Over Bins’ is not responsible or liable for any part of any such dealings or promotions.
7.5 Privacy: You authorise All Over Bins 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;
(e) any other use that you authorise.
7.6 Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk. Subject to your rights under the Australian Consumer Law and clause 6.4 All Over Bins is not responsible for any adverse consequences arising out of the use of information contained on the website to you or any other person. To the extent permitted by law and subject to your rights under the Australian Consumer Law and clause 6.4 All Over Bins excludes all responsibility and liability for such material.
8. Risk and title
8.1 Title in the bins at all times remains vested in All Over Bins and does not pass to the Customer or any other person at any time.
8.2 The risk of loss or damage to the bins is transferred to the Customer during the period of bin hire and the Customer will be liable for any costs and expenses arising from any loss or damage to (or rectification of) such loss or damage to a bin during the period of hire.
9.1 If for any reason beyond the reasonable control of All Over Bins it is unable to comply with its obligations pursuant to this Agreement All Over Bins will be released of its obligations to the extent and for the period that it is unable to do so and it will not be liable to you to any way whatsoever for any claims, losses or damages however arising and whatsoever nature.
9.2 All parties to this Agreement agree to do all things necessary or expedient to carry out the objects of this Agreement.
9.3 Any indulgence by one party to another or failure to enforce a provision shall not prejudice the rights of that party under this Agreement nor be deemed to be a novation hereof or a waiver of the parties rights against the other.
9.4 No variation modification or waiver of any provisions of this Agreement (including this sub clause) or consent to any departure here from shall be of any force or effect unless in writing signed by the parties.
9.5 This Agreement constitutes the entire agreement between the parties and no representation, warranties or guarantees or other terms and conditions whether expressed or impliedly of whatever nature not contained or recorded herein have been made or agreed to.
9.6 This Agreement is governed by and shall be interpreted in accordance with the laws from time to time enforced in the State of Victoria Australia and each party submits to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement, its performance or subject matter.
9.7 If any provision of this Agreement is voidable by any party unenforceable or illegal it shall be read down so as to be valid and enforceable or, if it cannot be so read down the provision (or where possible the offending word) shall be severed from this Agreement without effecting the validity, legality or enforceability of the remaining provisions (or part of those provisions) of this Agreement which will continue in full force and effect.
9.9 All notices and other communications provided or permitted under this Agreement must be provided in writing by email to the email address of each party as notified to the other party from time to time. All such notices and communications will be deemed to have been duly given or made on the date and time at which it enters the addressee's information system (as shown in a confirmation of delivery report from the sender's information system, which indicates that the email was sent to the email address of the addressee notified for the purposes of this clause).
10. Dispute resolution
10.1 If any dispute arises between the parties arising out of, or in connection with, this Agreement, including its construction, effect, the rights and obligations of the parties, the performance, breach, rescission or termination of this Agreement, the entitlement of any party to damages or compensation (whether for breach of contract, tort or any other cause of action) or the amount of that entitlement (Dispute), the party claiming that a Dispute has arisen must deliver to the other party a notice containing particulars of the Dispute (Dispute Notice).
10.2 During the period of 10 business days after delivery of the Dispute Notice, or any longer period agreed in writing by the parties to the Dispute (Initial Period), each of the parties must use its reasonable endeavours and act in good faith to resolve the Dispute by discussion and negotiation.
10.3 If the parties are unable to resolve the Dispute within the Initial Period, the Dispute must be referred to the respective managing directors (or their nominees) of the parties. The parties must ensure that their respective managing directors (or their nominees):
(a) have authority to negotiate and, if appropriate, enter into a binding agreement on behalf of the relevant party;
(b) meet promptly (and in any event within 3 business days) after the matter is referred to them; and
(c) use their reasonable endeavours and act in good faith to resolve the matter within 5 business days after the matter is referred to them or any longer period agreed in writing by the parties to the Dispute.
10.4 If the parties have been unable to resolve the Dispute within the period stated in clause 10.3, then the parties must submit the Dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with the ADC Guidelines for Commercial Mediation, which Rules are taken to be incorporated into this Agreement.
10.5 A party may not commence court proceedings in respect of a Dispute unless it has complied with this clause 10 and until the procedures in this clause 10 have been followed in full, except where:
(a) the party seeks injunctive relief in relation to a Dispute from an appropriate court; or
(b) following those procedures would mean that a limitation period for a cause of action relevant to the issues in dispute will expire.