CUSTOMER TERMS AND CONDITIONS

1. COMMON AGENCY

   1. Advantage Waste Management discloses it acts in its own capacity to make a contract upon the Supplier Terms and Conditions upon the Quoted Terms.

   2. The Customer hereby authorises Advantage Waste Management as its agent to enter a contract with a Service Supplier upon the Supplier Terms and Conditions upon the Customer accepting the Quoted Terms.

   3. By entering into this Agreement, the Customer acknowledges that the Customer when contracted with a Service Supplier appointed by Advantage Waste Management will have a direct contractual relationship with such Service Supplier upon the Supplier Terms and Conditions and the accepted Quoted Terms and accordingly Advantage Waste Management shall not be liable for the performance of such contracted by the Service Supplier, not for any act or omission of the Service Supplier.

2. FEES AND CHARGES

   1. Unless otherwise agreed in writing between parties, the Customer shall pay the Quoted Fees by credit card upon or before entering into the Service Supplier Contract with Advantage Waste Management.

   2. As may be discerned from the Supplier Terms and Conditions, the Customer is authorised and irrevocably directed to discharge payment obligations by paying the price referred to in the Quoted Terms to Advantage Waste Management.

   3. The Customer acknowledges that Advantage Waste Management for itself and for its panel of Service Suppliers reserves the right to vary and amend the fees and charges disclosed on the website at any time prior to Quoted Terms being Customer Accepted.

   4. Notwithstanding clause 2.2, in the case of a manifest error where normal charges and fees for the contracted service to the Customer would exceed fifty per cent (50%) more, Advantage Waste Management for itself and as agent for the contracted Service Supplier reserves the right to terminate the contract.

   5. In the event the Customer is liable for Additional Charges as defined in the Supplier Terms and Conditions, the Customer agrees that it shall arrange immediate payment of the Additional Charges after being issued a tax invoice for the Additional charges and shall pay the Additional Charges to the contracting Service Supplier or as it directs.

   6. Advantage Waste Management is hereby irrevocably authorised by the Customer and is at liberty to charge a debit or credit card provided by the Customer for payment of services to the Service Provider for Additional Charges otherwise referred to in Schedule 1 below.

   7. In lieu of exercising the power and authority under the preceding sub-clause Advantage Waste Management may at its discretion direct that the Customer pays direct and otherwise deal with the Service Provider or any matter concerning Additional Charges referred to in Schedule 1 below.

3. WARRANTIES

   Advantage Waste Management warrants that it has the requisite authority to enter into an agreement with the Service Supplier upon the Quoted terms set out in the Supplier Terms and Conditions.

4. INDEMNITIES BY CUSTOMER

   The Customer shall be responsible for and shall indemnify Advantage Waste Management against liability for all loss, damage or injury to persons or property caused by the Customer in respect to the Customer’s use of the skip bin in any manner whatsoever or the Customer’s employees, sub-contractors or agents, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by Advantage Waste Management.

5. COPYRIGHT

   Advantage Waste Management is licenced to hold or otherwise holds the copyright to the Advantage Waste Management website and all agreements and documents issued or published by Advantage Waste Management and accordingly reserved its copyright rights in respect to such materials.

6. CIRCUMVENTION

   The Customer shall not circumvent or approach a Service Supplier directly made known or for which a quotation was received by Advantage Waste Management for services at the Site Address quoted upon.

7. INTERPRETATION

   “Customer Acceptance” shall be the communicated acceptance of the Quoted Terms made by the Customer to Advantage Waste Management through the Advantage Waste Management Website.

   “Quoted Terms” means the terms quoted on the Advantage Waste Management Website to the Customer after the Customer entered data into the Advantage Waste Management Website and sought a quotation.

   “Service Supplier” means the service provider providing services of the type sought by the Customer for skip bins and where the context permits by reason of a contract between the Customer and a Service Supplier, the Service Supplier contracted by the Customer to perform the services in accordance with the Quoted Terms and the Supplier Terms and Conditions.

   “Site Address” has the same meaning as in the Supplier Terms and Conditions.

   “Supplier Terms and Conditions” means the terms and conditions referred to in Schedule 1 below as amended from time to time or as published on the Website at the time the Quoted Terms are accepted.

   “Website” means the website of Advantage Waste Management with the web address www.advantagewaste.com.au

SUPPLIER TERMS AND CONDITIONS
FOR THE SUPPLY AND COLLECTION OF A SKIP BIN FOR THE CUSTOMER

1. SERVICE

   The Service Provider shall supply and deliver the Specified Skip Bin to the Site Address at the Delivery Date and collect the delivered Skip Bin on the Collection Date as directed by Advantage Waste Management.

2. FEES AND CHARGES

   1. The Customer shall pay the Specified Fees to Advantage Waste Management in consideration of the agreed services to be provided by the Service Provider to the Customer and pursuant to the terms of this Agreement.

   2. The fees and charges shall be inclusive of GST unless otherwise stated for the Specific Fees or Additional Charges.

   3. The Customer acknowledges that in addition to the Specified Fees that it shall pay to Advantage Waste Management the Additional Charges should the Customer incur such charges in accordance with clause 3.

3. ADDITIONAL CHARGES

   1. The Customer shall pay to Advantage Waste Management the following Additional Charges:

      1. Additional Weight Charge is a charge for the weight of waste materials in the Specified Bin exceeding the prescribed weight for such Specified Skip Bin.

      2. Additional charges to meet tipping fees or special tipping fees and all handling charges including Excess Loading Fees, expenses and costs incurred by the Service Provider in respect of any hazardous materials including but not limited to such matters as asbestos, paints, oils, poisons, batteries and tyres, placed in the Bins whether by the customer or any other party, where additional charges are imposed by the tip or waste station where the materials are disposed by the Service Provider.

      3. Where the customer does not provide access to the skip on the collection day, additional charges apply for each day that such access is denied.

      4. Where the skip bin is overloaded with waste that is not removed by the customer prior to removal, additional charges per day apply until such overloaded material is removed. For the avoidance of doubt, a skip bin is overloaded if any part of the waste is positioned above the “No Fill Above This Line” sign or in the absence of any such line above the top of the bin.

      5. If the customer wishes to extend the term of the hire, an extension fee per week or part thereof will be payable 24 hours prior to pick up. If an extension of time is requested on the day of pick-up, a cancellation of the pickup fee will also be payable in addition to any extension fee.

   2. The Additional Charges for the purposes of clause 3.1 shall be the following amounts or rates:

      1. Additional Charges or fees for the items referred to in 3.1 (a.) – (d.) above as prescribed on the Website except where (b.) below are higher; or

      2. Additional Charges or fees for the items referred to in 3.1 (a.) – (d.) above quoted in writing by Advantage Waste Management or the Service Provider; or

      3. Additional Charges or fees referred to in 3.1 (a.) – (d.) above shall otherwise be reasonable charges in conformity with standard charges for such additional weight charged by the Service Provider.

      4. Additional Charges for the item referred to in clause 3.1 (e.) at the Suppliers’ discretion for the Specified Fees.

4. PAYMENT

   1. The Customer shall pay the Specified Fees due under this Agreement to Advantage Waste Management as the ad hoc agent of the Service Provider upon and at the time of submitting and processing the order with Advantage Waste Management.

   2. The Customer shall pay the Additional Charges to Advantage Waste Management after being invoiced for such Additional Charges.

   3. Payment shall be made by the Customer by credit card or as otherwise may be directed or expressly agreed to by Advantage Waste Management. The Customer irrevocably and unconditionally authorises Advantage Waste Management to charge their or its credit card or debit card for the amount of the Specified Fees under this Agreement and for any Additional Charges.

   4. Advantage Waste Management shall send or cause to be sent a Tax Invoice for fees and Additional Charges in accordance with the GST Legislation.

   5. Payment of the Specified Charges and Additional Charges to Advantage Waste Management shall operate as a good and effective discharge for the relevant fees owing to the Service Provider.

5. CUSTOMER OBLIGATIONS

   The Customer acknowledges and agrees:

   1. To use the supplied Skip Bin in a reasonable and sensible manner;

   2. To bear responsibility and liability for any loss, damage or destruction of the Skip Bin whilst the Skip Bin is under the care, custody and control of the Customer;

   3. To render the Skip Bin to the Service Provider on the Collection Date in the same state and condition as when the Skip Bin was delivered to the Customer, subject to fair wear and tear;

   4. To make the Skip Bin ready and available for collection by the Service Provider on the Collection Date;

   5. That legal title of the Skip Bin does not pass or vest in the Customer at any time;

   6. The customer shall not encumber or charge the Skip Bin in any way whatsoever;

   7. That no interest whatsoever is created or conferred in the delivered Skip Bin to the Customer;

   8. To only use the Skip Bin for depositing the Specified Waste Materials;

   9. To obtain all necessary approvals and permits as may be required from any government authority, body corporate or third party for the delivery of the Skip Bin at the Site Address or adjacent or in proximity to the Site Address and its collection;

   10. Without limiting the indemnities under these terms to assume all liability and responsibility for the delivered Skip Bin including liability for trespass to land, public or private nuisance, injury, death, penalties or fines in the event the Skip Bin is delivered on a footpath, road, lane, public property or private property not owned by the Customer;

   11. To assume responsibility and liability for all materials deposited and placed in the Skip Bin by any person whatsoever including persons not authorised by the Customer;

   12. That Advantage Waste Management shall not be liable for the tort of conversion, detinue or trespass to goods for the disposal or removal of any goods or materials placed in the Skip Bin and is hereby indemnified of such liability from the Customer for the Customer itself and for any claim or action made or commenced by any third party;

   13. Title in the contents of the Skip Bin remain with the Customer where the contents of the Skip Bin contain Prohibited Materials until and if the Service Provider properly disposes of such contents;

   14. Where (m.) above applies, the Service Provider may at its absolute discretion dispose or return the contents to the Customer or at the Site Address or return the Skip Bin with the contents to the Site Address with Additional Charges applying until such time as the Service Provider is able to collect the Skip Bin in an empty and clean state.

6. RESTRICTIONS ON THE USE OF SKIP BINS

   Whilst the Skip Bin is in the care, custody and control of the Customer, the Customer shall not:

   1. Without expressing written consent from Advantage Waste Management place or allowing it to be placed whether directly or indirectly into the Skip Bin any Prohibited Materials;

   2. Light fires, burn or allow the burning of waste materials in the Skip Bin;

   3. Excessively fill the Skip Bin whereby the waste materials protrude higher than the top of the Skip Bin or do not fully fit within the confines of the Skip Bin;

   4. Relocate, move or otherwise allow the Skip Bin to be moved or relocated from the Site Address unless otherwise expressly authorised in writing by the Service Provider;

   5. Use the Skip Bin for any illegal purpose which contravenes this Agreement or any law;

   6. Use the Skip Bin for any other purpose other than that disclosed by the Customer and expressly agreed to by the parties and which may be reasonably anticipated in this Agreement.

7. CANCELLATION OR VARIATION OF ORDER

   1. The Customer may cancel or vary the order by providing Advantage Waste Management written notice of the cancellation or variation to the order not less than three (3) business days prior to the delivery date.

   2. In the event that the Customer seeks to cancel its order in accordance with clause 7.1, the Customer shall be entitled to a full refund of any monies already paid for that Skip Bin excluding the booking fee.

   3. In the event that the customer cancels its order by providing the service provider and its agent Advantage Waste Management written notice of the cancellation of the order not less than two (2) business days prior to the delivery date, the customer shall be entitled to a partial refund equal to the amount of any monies already paid for that skip bin minus the 2-day cancellation fee of 10% and the booking fee amount.

   4. In the event that the customer cancels its order by providing the service provider and its agent Advantage Waste Management written notice of the cancellation of the order not less than one (1) business day prior to the delivery date, the customer shall be entitled to a partial refund equal to the amount of any monies already paid for that skip bin minus the call out fee, the 1-day cancellation fee of 20% and the booking fee.

   5. In the event the Customer seeks to vary an order pursuant to this clause 7, the granting of the variation sought shall be at the absolute discretion of the Service Provider and may be subject to payment of additional fees and charges for changing the service required and other reasonable costs of the Service Provider.

   6. The Customer acknowledges and accepts that it will not be entitled to a refund of any fees and charges paid in respect to a cancelled service whereby the Customer has failed to provide adequate notice of the cancellation or variation in accordance with this clause 7.

   7. Advantage Waste Management may cancel the Customer’s order at any time on or prior to the scheduled delivery date in the circumstances where the Service Provider is unable or incapable of supplying and/or delivering Skip Bins or carrying out the Service on the date or time required by the Customer.

   8. In the event an order is cancelled by the Service Provider, subject to clause 7.8, the Customer will be entitled to a full refund of any monies paid in respect to the cancelled order unless otherwise agreed in writing and otherwise shall have or incur no further liability.

   9. The Service Provider may cancel this Agreement without prejudice to its rights under this Agreement including Delivery/Collection charges where the Service Provider upon attending the Site Address determines that access is restricted or not permitted, the gradient at the Site Address is dangerous or there are dangerous circumstances including circumstances that could pose occupational health and safety issues to persons in the vicinity of the suggested delivery point.

   10. The Service Provider is hereby authorised to terminate this Agreement and empty the contents of the Skip Bin on the Site Address at the sole risk of the Customer in the event the Skip Bin contains Prohibited Materials, has materials loaded beyond the height capacity of the Skip Bin, has materials protruding from the Skip Bin or the Specified Fees have not been paid prior to delivery of the Skip Bin.

8. RISK

   Subject to fair wear and tear, the Customer shall bear full responsibility and be liable for all loss, damage or destruction to the Skip Bin whilst the Skip Bin is in the care, custody or control of the Customer.

9. SITE ACCESS CONDITIONS

   1. The Customer shall be responsible for ensuring reasonable access to the Site Address and ensure that the delivery point for the Skip Bin is freely and reasonably accessible for the delivery and collection and the Customer shall ensure that all necessary consents have been obtained for the delivery, placement, storage and removal of the Skip Bin at the Site Address.

   2. Advantage Waste Management accepts no responsibility whatsoever for any damage caused to the ground, service, road, path or passage of the Site Address or the location designated near or in the proximity to the Site Address for the delivery and placement of the Skip Bin and the Customer should ensure the conditions including access heights are suitable for the placement and delivery of the Skip Bin.

10. ASSIGNABILITY

    This Agreement shall not be assigned by the Customer without the consent in writing of Advantage Waste Management.

11. LIABILITY FOR DAMAGE

    The Customer acknowledges and accepts that Advantage Waste Management is not liable for any loss or damage sustained with respect to the delivery or removal of the skip bin. For the avoidance of doubt, Advantage Waste Management is not liable for damage to driveways, footpaths, paving, concrete, lawn or any other structure or surface when delivering, accessing or removing the skip bins. In addition, the customer accepts full responsibility and liability as a consequence of a direction to place the bin in a particular location or position.

12. INDEMNITIES BY CUSTOMER

    The Customer shall be responsible for and shall indemnify Advantage Waste Management against all liability for all loss, damage or injury arising or caused by the Customer’s breach of these terms or the Customer’s use, custody and control of the Skip Bin however caused (excepting attributed damage caused by the negligence of the Service Provider) by the Customer, Customer’s employees, the Customer’s sub-contractors, the Customer’s agents and unauthorised third parties.

    The customer must fully reimburse Advantage Waste Management for any fines, costs etc associated with placing a skip bin at the customer’s location where the instructions were followed by Advantage Waste Management or in the absence of clearly written instructions provided to Advantage Waste Management, where the skip was so placed.

13. COMPLIANCE WITH THE LAW & ASSOCIATED INDEMNITIES

    Throughout the continuance of this Agreement the Customer shall conform at its own cost and expense with all Acts of both Federal and State Parliaments and all Regulations, By-laws, Ordinances or Orders made thereunder and the lawful requirements of any Public, Municipal or other authority so far as the same may affect or apply to the Customer and the Customer shall indemnify Advantage Waste Management from and against all actions, costs, charges, claims and demands in respect thereof.

14. IMPLIED STATUTORY TERMS & LIMITATIONS OF LOSSES

    To the extent permissible by law the operation of any implied statutory term or terms is hereby excluded.

15. PROPER LAW OF CONTRACT

    This Agreement shall be construed and take effect in accordance with the laws of all states in Australia. Each of the parties hereto submits to the jurisdiction of the Courts of that place including all Courts of Appeal therefrom and this clause may be pleaded as a bar to action or suit brought in any Court in any other place in the world.

16. FORCE MAJEURE

    The Service Provider and Advantage Waste Management shall not be liable for any failure or delay in complying with any obligation imposed under these terms if the failure or delay arises directly from any fact or circumstance beyond the control of the Service Provider, including without limitation fire, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, acts of terrorism, acts of God, embargo, changes in law, delays or disruption by government or government agencies.

17. INTERPRETATION

    “Additional Charges” are the charges referred to in clause 3.1

    “Additional Weight Charges” are charges payable where the weight of refuse or material placed in the delivered Skip Bin exceeds the prescribed weight for such Specified Skip Bin.

    “Business Day” means a day that is not a Saturday, Sunday or public holiday in the relevant state in Australia.

    “Call-Out Fee” means a fee due to the Service Provider, for the amount of the Specified Fees.

    “Collection Date” means the date being the agreed collection date for the Skip Bin as varied by mutual consent by the parties in writing.

    “Delivery Date” means the date agreed to be the date for delivery of the Skip bin by Advantage Waste Management or the date of delivery of the Skip Bin, whichever is later to occur.

    “Delivery Period” means the date commencing at the Delivery Date and terminating at the agreed time on the Collection date. If no agreed time, a time as selected by Advantage Waste Management for such date or a later date.

    “GST Legislation” shall mean A New Tax System (Goods and Services Tax) Act 1999 and the regulations made thereunder as amended from time to time and any corresponding replacement legislation.

    “Input Tax Credits” has the same meaning as used in the GST Legislation.

    “Prohibited Materials” means and includes:

    a) Any liquids;
    b) Any explosive materials or combinations of materials or substances which create explosive materials by chemical reactions;
    c) Dangerous, toxic, hazardous or noxious materials including but not limited to asbestos, acids, solvents, chemicals, paints, oils and medical-biological wastes;
    d) Radioactive materials; and
    e) Materials or substances otherwise referred to as such on the website at the time this Agreement is entered into; or
    f) Materials placed in the Specified Skip Bin not conforming to the Waste Type.“Restricted Delivery / Collection Fees” being additional fees and costs unnecessarily incurred or sustained by Advantage Waste Management by reason of no or restricted access to the Side Address or for delivery and/or collection of the Skip Bin or where delivery or collection would otherwise occur in dangerous circumstances or on a dangerous gradient as determined by the Service Provider upon seeing the Site Address.

    “Site Address” means the address location for delivery of the Skip Bin as agreed between the parties.

    “Skip Bin” means a skip bin receptacle commonly used for delivery to parties on a specialist-use truck, disposal of materials and refuse in a such receptacle and the collection and disposal of the materials in such receptacle at a proper waste disposal facility using the specialist-use truck.

    “Specified Fees” means the fees prescribed on the website at the time of entering into this Agreement or otherwise quoted by Advantage Waste Management for the provision of the Service after taking into account or specified for:

    a) The size and type of Specified Skip Bin;
    b) The Site Address;
    c) The Delivery Period;
    d) The Waste Type

    “Specified Skip Bin” means the type and size of the Skip Bin as agreed between parties between one of the Skip Bin options listed in clause 7.

    “Specified Waste Materials” means the Waste Type appropriate for the corresponding Specified Skip Bin as outlined in clause 7 but excluding Prohibited Materials.

    “Waste Type” means the type of waste as agreed between parties for disposal in the Skip Bin.