Here is the fine print...

1 Definitions

1.1       “Handi Skips” means Rahny Pty Ltd T/A Handi Skips, its successors and assigns or any person acting on behalf of and with the authority of Rahny Pty Ltd T/A Handi Skips.

1.2       “Client” means the person/s hiring the Bin (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.

1.3       “Bin” means all Bin(s) supplied on hire by Handi Skips to the Client at the Client’s request from time to time (where the context so permits the terms ‘Bin’ or ‘Services’ shall be interchangeable for the other).

1.4       “Minimum Hire Period” shall mean the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Handi Skips to the Client.

1.5       “Price” means the Price payable for the Bin and/or Equipment hire as agreed between Handi Skips and the Client in accordance with clause 4 below.

Acceptance

2.1       The Client acknowledges that the supply of Services on credit shall not take effect until the Client has completed a credit application with Handi Skips and it has been approved with a credit limit established for the account and a personal guarantee completed.

2.2       Any instructions received by Handi Skips from the Client for the hire of the Bin and/or the Client’s acceptance of the Bin supplied on hire by Handi Skips shall constitute acceptance of the terms and conditions contained herein.

2.3       The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Bin.

2.4       These terms and conditions may only be amended with Handi Skips’ consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Handi Skips.

Change in Control

3.1       The Client shall give Handi Skips not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Handi Skips as a result of the Client’s failure to comply with this clause.

Price and Payment

4.1       At Handi Skips’ sole discretion the Price shall be either:

(a)  as indicated on any invoice provided by Handi Skips to the Client; or

(b)  Handi Skips’ quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

4.2       Handi Skips reserves the right to change the Price if a variation to Handi Skips’ quotation is requested.Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties, or as a result of increases to Handi Skips in the cost of materials and labour) will be charged for on the basis of Handi Skips’ quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4.3       At Handi Skips’ sole discretion a non-refundable deposit may be required.

4.4       At Handi Skips’ sole discretion a bond may be required which shall be refunded upon return of the Bin in a condition acceptable to Handi Skips.

4.5       Time for payment for the Bin being of the essence, the Price will be payable by the Client on the date/s determined by Handi Skips, which may be:

(a)  on delivery of the Bin;

(b)  before delivery of the Bin;

(c)  for approved Client’s by way of instalments/progress payments in accordance with Handi Skips’ payment schedule;

(d)  detailed progress payment claims may be submitted by Handi Skips, in accordance with Handi Skips’s specified payment schedule at intervals not less than weekly for work performed up to the end of each week. Such payment claims may include the reasonable value of authorised variations; or

(e)  payment for approved Client’s shall be either twenty one (21) days or thirty (30) days following the date of the invoice which is posted to the Client’s address or address for notices;

(f)   the date specified on any invoice or other form as being the date for payment; or

(g)  failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Handi Skips.

4.6       Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to one percent (1%) of the Price), or by any other method as agreed to between the Client and Handi Skips.

4.7       Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Handi Skips an amount equal to any GST Handi Skips must pay for any supply by Handi Skips under this or any other agreement for the hire of the Bin. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Bin Hire

5.1       Bin shall at all times remain the property of Handi Skips and is returnable on demand by Handi Skips. In the event that Bin is not returned to Handi Skips in the condition in which it was delivered Handi Skips retains the right to charge the Client the full cost of repairing the Bin. In the event that Bin is not returned at all Handi Skips shall have right to charge the Client the full cost of replacing the Bin.

Hire Period

6.1       Hire Charges shall commence from the time the Bin is delivered to the Client’s premises and will continue until the return of the Bin to Handi Skips, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

6.2       The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.

6.3       No allowance whatever can be made for time during which the Bin is not in use for any reason, unless Handi Skips confirms special prior arrangements in writing.

Delivery of Bin

7.1       Delivery (“Delivery”) of the Bin is taken to occur at the time that Handi Skips (or Handi Skips’ nominated carrier) delivers the Bin to the Client’s nominated address even if the Client is not present at the address.

7.2       At Handi Skips’ sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

7.3       The Client must take delivery by receipt or collection of the Bin whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Bin as arranged then Handi Skips shall be entitled to charge a reasonable fee for redelivery of the Bin and/or the storage of the Bin.

7.4       Handi Skips may deliver the Bin in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

7.5       Delivery of the Bin to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

7.6       The Client shall be responsible for free access by Handi Skips to the site on which the Bin is located. If there are any delays due to free access not being available then the Client shall be responsible and shall reimburse Handi Skips for all lost hire fees associated with the Bin being unavailable. The Client shall also be responsible for all other expenses and costs incurred by Handi Skips due to delays in access to the Bin. The off-hire receipt will be issued when the Bin is picked up by Handi Skips or returned to Handi Skips’ premises.

7.7       Any time or date given by Handi Skips to the Client is an estimate only. The Client must still accept delivery of the Bin even if late and Handi Skips will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

Risk

8.1       Risk of damage to or loss of the Bin passes to the Client on Delivery and the Client must insure the Bin on or before Delivery.

8.2       The Client accepts full responsibility for the safekeeping of the Bin and indemnifies Handi Skips for all loss, theft, or damage to the Bin howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.

8.3       The Client will insure, or self insure, Handi Skips’ interest in the Bin against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Bin. Further the Client will not use the Bin nor permit it to be used in such a manner as would permit an insurer to decline any claim.

8.4       The Client accepts full responsibility for and shall keep Handi Skips indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Bin during the hire period however arising and whether or not arising from any negligence, failure or omission of the Client or any other persons.

8.5       The placement, filling and pick-up of the Bins are under the direct orders and control of the Client and the Client indemnifies the owner against any loss, damage, or injury as a result of the function performed.

Placement & Access

9.1       Bins shall be placed where directed by the Client and in the absence of the Client’s directions Handi Skips shall place the Bin at the delivery address at the nearest clear area to the roadside. The Client agrees to indemnify Handi Skips against any claims whatsoever made against Handi Skips that arise out of the placement of the Bin.

9.2       The Client agrees that the Client shall not move a Bin once placed in position by Handi Skips, except with the express approval of Handi Skips.

9.3       In the event that either party to this agreement is ordered to remove a Bin by any statutory authority, they shall immediately notify the other party of the requirement to do so and organise the removal of the Bin. The Client agrees to indemnify Handi Skips against all additional costs incurred by Handi Skips in complying with any such order, or through the Clients failure to comply with any such order, or through the Clients failure to comply with the provisions of this clause.

9.4       The Client shall ensure that it has prior to delivery of a Bin all approvals required from any local authority where the Bin is to be located on the roadside or any footpath adjacent thereto.

9.5       The Client shall be responsible at all times for ensuring Handi Skips has clear and free access to the site at which the Bin is to be (or is) located. Handi Skips shall not be liable for any loss or damage caused (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) when delivering or collecting any Bin unless due to the negligence of Handi Skips.

9.6       If there are any delays due to clear or free access not being available when Handi Skips arrives to deliver or collect a Bin then the Client shall reimburse Handi Skips for all additional costs incurred by Handi Skips as a result of such delay (including, in the case of Bin collection, any hire fees lost due to the Bin being unavailable).

10 Underground Locations

10.1    Prior to Handi Skips delivery of the Bin the Client must advise Handi Skips of the precise location of all underground services, pipes, pits or covers on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on location.

10.2    Whilst Handi Skips will take all care to avoid damage to any underground services, pipes, pits or covers the Client agrees to indemnify Handi Skips in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 10.1.

11 Contaminated/Dangerous Waste

11.1    Unless otherwise agreed in advance in writing with Handi Skips, the Client or his authorised agent shall not use the Bin to store or dispose of any explosive, flammable or otherwise dangerous or illegal items. The Client shall be liable for, and hereby indemnifies Handi Skips, for all loss or damage whatsoever caused by the storage or carriage of any dangerous or illegal items. Furthermore, the Client shall be liable for any additional charges incurred by Handi Skips for the storage or carriage of dangerous or illegal items.

11.2    The Client acknowledges that:

(a)  the Bin shall not be used to dispose of asbestos, car batteries, gas bottles, bullets, fuel cans containing fuel, household chemicals or liquids;

(b)  wet paint is under no circumstances accepted for disposal. Paint tins must be empty and dry before being placed in the Bin;

(c)  household waste must be placed in garbage bags prior to being stored in the Bin, under no circumstances may food scraps be disposed of in the Bin.

11.3    Handi Skips operates within the guidelines as set down in the Environmental Protection Interim Regulated Act 1998 (including but not limited to the correct disposal of asbestos waste, and/or vehicle tyres). The Client agrees to indemnify Handi Skips against all additional costs for disposal and/or fines that Handi Skips may incur in the event that the Client fails to notify Handi Skips of any illegal substances that the Bins supplied are then used to dispose of.

11.4    Special Bins to dispose of contaminated waste are available on request and the Client acknowledges that such Bins are subject to additional costs.

11.5    In the event that the Bin is found to contain asbestos mixed with other rubbish, the Client will be charged as if the whole Bin was asbestos (due to contamination). The Client agrees to indemnify Handi Skips all costs associated with the handling and preparation of the rubbish materials and the disposal of same in a legal manner. Handling fees will be $500 plus the EPA and Council costs of disposal.

12 Additional Charges

12.1    Handi Skips shall accept the disposal of these items, for an additional charge:

(a)  tyres (an additional charge per car tyre and/or per truck tyre);or

(b)  return the tyres to the Client at a charge of $25.00.

12.2    The Client acknowledges that Handi Skips may (at their sole discretion) increase these charges at any time, without providing notice to the Client.

12.3    In the event that Handi Skips or the Client is ordered to remove the Bin by a statutory authority, the Client agrees to pay Handi Skips any additional charges that may arise as a result of said removal.

13 Overloading

13.1    The Client acknowledges that the Bin shall not exceed the maximum load limit (3 tonnes) capacity in order for the safe transport of the Bin. In the event the Bin is subjected to overloading or items are stored over capacity, Handi Skips shall, at their sole discretion, refuse the carriage of the Bin until the Client has rectified such an overloaded and unsafe load, leave behind the overloaded portion, or provide the Services and, in that case, be entitled to charge the Client a reasonable fee in addition to the Price doing so.

13.2    The Client agrees to pay any extra costs that may arise as a result of overloading or incorrect loading of the Bin by the Client, the Client’s agent or other person.

14 Client’s Responsibilities

14.1    The Client shall:

(a)  notify Handi Skips immediately by telephone of the full circumstances of any accident. The Client is not absolved from the requirements to safeguard the Bin by giving such notification;

(b)  satisfy itself at commencement that the Bin is suitable for its purposes;

(c)  use and locate the Bin in a safe manner, strictly in accordance with the law, only for its intended use;

(d)  comply with all occupational health and safety laws relating to the Bin and its operation;

(e)  keep the Bin in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Bin;

(f)   not alter or make any additions to the Bin including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Bin or in any other manner interfere with the Bin;

(g)  keep the Bin, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Handi Skips to the Client.

(h)  employ the Bin solely in its own work and shall not permit the Bin of any part thereof to be used by any other party for any other work;

(i)   not exceed the recommended or legal load and capacity limits of the Bin;

(j)   not fix any of the Bin in such a manner as to make it legally a fixture forming part of any freehold.

14.2    Immediately on request by Handi Skips the Client will pay:

(a)  the new list price of any Bin that is for whatever reason destroyed, written off or not returned to Handi Skips;

(b)  all costs incurred in cleaning the Bin;

(c)  all costs of repairing any damage caused by the ordinary use of the Bin up to an amount equal to 10% of the new list price of the Bin;

(d)  the cost of repairing any damage to the Bin caused by the negligence of the Client or the Client’s agent;

(e)  the cost of repairing any damage to the Bin caused by vandalism, or (in Handi Skips’ reasonable opinion) in any way whatsoever other than by the ordinary use of the Bin by the Client.

15 Title To Bin

15.1    Handi Skips and the Client agree that ownership of the Bin shall not pass until:

(a)  the Client has paid Handi Skips all amounts owing to Handi Skips; and

(b)  the Client has met all of its other obligations to Handi Skips.

15.2    Receipt by Handi Skips of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

15.3    It is further agreed that:

(a)  until ownership of the Bin passes to the Client in accordance with clause 15.1 that the Client is only a bailee of the Bin and must return the Bin to Handi Skips on request.

(b)  the Client holds the benefit of the Client’s insurance of the Bin on trust for Handi Skips and must pay to Handi Skips the proceeds of any insurance in the event of the Bin being lost, damaged or destroyed.

(c)  the Client must not sell, dispose, or otherwise part with possession of the Bin other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Bin then the Client must hold the proceeds of any such act on trust for Handi Skips and must pay or deliver the proceeds to Handi Skips on demand.

(d)  the Client should not convert or process the Bin or intermix them with other Bin but if the Client does so then the Client holds the resulting product on trust for the benefit of Handi Skips and must sell, dispose of or return the resulting product to Handi Skips as it so directs.

(e)  the Client irrevocably authorises Handi Skips to enter any premises where Handi Skips believes the Bin are kept and recover possession of the Bin.

(f)   Handi Skips may recover possession of any Bin in transit whether or not delivery has occurred.

(g)  the Client shall not charge or grant an encumbrance over the Bin nor grant nor otherwise give away any interest in the Bin while they remain the property of Handi Skips.

(h)  Handi Skips may commence proceedings to recover the Price of the Bin sold notwithstanding that ownership of the Bin has not passed to the Client.

16 Personal Property Securities Act 2009 (“PPSA”)

16.1    In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

16.2    Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Bin/Equipment that has previously been supplied and that will be supplied in the future by Handi Skips to the Client.

16.3    The Client undertakes to:

(a)  promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Handi Skips may reasonably require to;

(i)   register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii)register any other document required to be registered by the PPSA; or

(iii)       correct a defect in a statement referred to in clause 16.3(a)(i) or 16.3(a)(ii);

(b)  indemnify, and upon demand reimburse, Handi Skips for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Bin charged thereby;

(c)  not register a financing change statement in respect of a security interest without the prior written consent of Handi Skips;

(d)  not register, or permit to be registered, a financing statement or a financing change statement in relation to the Bin in favour of a third party without the prior written consent of Handi Skips;

(e)  immediately advise Handi Skips of any material change in its business practices of selling Bin which would result in a change in the nature of proceeds derived from such sales.

16.4    Handi Skips and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

16.5    The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

16.6    The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

16.7    Unless otherwise agreed to in writing by Handi Skips, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

16.8    The Client must unconditionally ratify any actions taken by Handi Skips under clauses 16.3 to 16.5.

16.9    Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

17 Security and Charge

17.1    In consideration of Handi Skips agreeing to supply the Bin, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

17.2    The Client indemnifies Handi Skips from and against all Handi Skips’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Handi Skips’ rights under this clause.

17.3    The Client irrevocably appoints Handi Skips and each director of Handi Skips as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 17 including, but not limited to, signing any document on the Client’s behalf.

18 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

18.1    The Client must inspect the Bin on delivery and must within two (2) hours of delivery notify Handi Skips in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Bin as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Handi Skips to inspect the Bin within a reasonable time following delivery if the Client believes the Bin is defective in any way. If the Client fails to comply with these provisions the Bin shall be presumed to be free from any defect or damage.

18.2    Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

18.3    Handi Skips acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

18.4    Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Handi Skips makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Bin. Handi Skips’ liability in respect of these warranties is limited to the fullest extent permitted by law.

18.5    If the Client is a consumer within the meaning of the CCA, Handi Skips’ liability is limited to the extent permitted by section 64A of Schedule 2.

18.6    If Handi Skips is required to replace the Bin under this clause or the CCA, but is unable to do so, Handi Skips may refund any money the Client has paid for the Bin.

18.7    If the Client is not a consumer within the meaning of the CCA, Handi Skips’ liability for any defect or damage in the Bin is:

(a)  limited to the value of any express warranty or warranty card provided to the Client by Handi Skips at Handi Skips’ sole discretion;

(b)  limited to any warranty to which Handi Skips is entitled, if Handi Skips did not manufacture the Bin;

(c)  otherwise negated absolutely.

18.8    Subject to this clause 18, returns will only be accepted provided that:

(a)  the Client has complied with the provisions of clause 18.1; and

(b)  Handi Skips has agreed that the Bin is defective; and

(c)  the Bin are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

(d)  the Bin are returned in as close a condition to that in which they were delivered as is possible.

18.9    Notwithstanding clauses 18.1 to 18.8 but subject to the CCA, Handi Skips shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)  the Client failing to properly maintain or store any Bin;

(b)  the Client using the Bin for any purpose other than that for which they were designed;

(c)  the Client continuing the use of the Bin after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  the Client failing to follow any instructions or guidelines provided by Handi Skips;

(e)  fair wear and tear, any accident, or act of God.

18.10Notwithstanding anything contained in this clause if Handi Skips is required by a law to accept a return then Handi Skips will only accept a return on the conditions imposed by that law.

19 Intellectual Property

19.1    Where Handi Skips has designed, drawn or developed Bin for the Client, then the copyright in any designs and drawings and documents shall remain the property of Handi Skips.

19.2    The Client warrants that all designs, specifications or instructions given to Handi Skips will not cause Handi Skips to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Handi Skips against any action taken by a third party against Handi Skips in respect of any such infringement.

19.3    The Client agrees that Handi Skips may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Bin which Handi Skips has created for the Client.

20 Default and Consequences of Default

20.1    Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Handi Skips’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

20.2    If the Client owes Handi Skips any money the Client shall indemnify Handi Skips from and against all costs and disbursements incurred by Handi Skips in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Handi Skips’ contract default fee, and bank dishonour fees).

20.3    Without prejudice to any other remedies Handi Skips may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Handi Skips may suspend or terminate the supply of Bin to the Client. Handi Skips will not be liable to the Client for any loss or damage the Client suffers because Handi Skips has exercised its rights under this clause.

20.4    Without prejudice to Handi Skips’ other remedies at law Handi Skips shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Handi Skips shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to Handi Skips becomes overdue, or in Handi Skips’ opinion the Client will be unable to make a payment when it falls due;

(b)  the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

21 Cancellation

21.1    Handi Skips may cancel any contract to which these terms and conditions apply or cancel delivery of Bin at any time before the Bin(s) are due to be delivered by giving written notice to the Client. On giving such notice Handi Skips shall repay to the Client any money paid by the Client for the Bin. Handi Skips shall not be liable for any loss or damage whatsoever arising from such cancellation.

21.2    In the event that the Client cancels delivery of the Bin the Client shall be liable for any and all loss incurred (whether direct or indirect) by Handi Skips as a direct result of the cancellation (including, but not limited to, any loss of profits).

22 Privacy Act 1988

22.1    The Client agrees for Handi Skips to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Handi Skips.

22.2    The Client agrees that Handi Skips may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a)  to assess an application by the Client; and/or

(b)  to notify other credit providers of a default by the Client; and/or

(c)  to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d)  to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.

22.3    The Client consents to Handi Skips being given a consumer credit report to collect overdue payment on commercial credit.

22.4    The Client agrees that personal credit information provided may be used and retained by Handi Skips for the following purposes (and for other agreed purposes or required by):

(a)  the provision of Bin; and/or

(b)  analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of the Bin; and/or

(c)  processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d)  enabling the collection of amounts outstanding in relation to the Bin.

22.5    Handi Skips may give information about the Client to a CRB for the following purposes:

(a)  to obtain a consumer credit report;

(b)  allow the CRB to create or maintain a credit information file about the Client including credit history.

22.6    The information given to the CRB may include:

(a)  personal information as outlined in 22.1 above;

(b)  name of the credit provider and that Handi Skips is a current credit provider to the Client;

(c)  whether the credit provider is a licensee;

(d)  type of consumer credit;

(e)  details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f)   advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Handi Skips has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);

(g)  information that, in the opinion of Handi Skips, the Client has committed a serious credit infringement;

(h)  advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

22.7    The Client shall have the right to request (by e-mail) from Handi Skips:

(a)  a copy of the information about the Client retained by Handi Skips and the right to request that Handi Skips correct any incorrect information; and

(b)  that Handi Skips does not disclose any personal information about the Client for the purpose of direct marketing.

22.8    Handi Skips will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

22.9    The Client can make a privacy complaint by contacting Handi Skips via e-mail. Handi Skips will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

23 General

23.1    The failure by Handi Skips to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Handi Skips’ right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

23.2    These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland in which Handi Skips has its principal place of business, and are subject to the jurisdiction of the courts in Queensland.

23.3    Subject to clause 18 Handi Skips shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Handi Skips of these terms and conditions (alternatively Handi Skips’ liability shall be limited to damages which under no circumstances shall exceed the Price of the Bin hire).

23.4    The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Handi Skips nor to withhold payment of any invoice because part of that invoice is in dispute.

23.5    Handi Skips may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

23.6    The Client agrees that Handi Skips may amend these terms and conditions at any time. If Handi Skips makes a change to these terms and conditions, then that change will take effect from the date on which Handi Skips notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Handi Skips to provide Bin(s) to the Client.

23.7    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

23.8    The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.