Terms & Conditions

By trading with the VTG Waste & Recycling Service, you must agree to our trading terms and conditions. View our Trading Terms and Conditions..

PARTIES

The Supplier: VTG Waste & Recycling Pty Ltd. (ABN 64 602425392)

The Customer: ___________________________________________________

The Premises: ___________________________________________________

DEFINITIONS

2.1. The Supplier is Daniel Green trading as VTG Waste & Recycling (ABN 57 969 139 426) of 3084 Woodlands Road, Humpty Doo in the Northern Territory.
2.2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
2.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
2.4. The Order shall be defined as any request for the provision of Services and Hire Bins by the Customer with the Supplier which has been accepted by the Supplier.
2.5. The Hire Bins are the skip bins provided by the Supplier to the Customer on hire terms.
2.6. The Associated Services are the delivery and removal of the Hire Bins from the Premises.
2.7. The Tipping Services are the rubbish tipping services provided by the Supplier at the request of the Customer.
2.8. The Tipping Fee is the charge levied by the owner or operator of any landfill site based on the weight of the waste to be disposed of.
2.9. Hire Terms are any further of hire as agreed between the Parties.
2.10. The Premises are the land or land and buildings adjacent to which the Hire Bin will be placed at the request of the Customer.
2.11. The Price is the amount invoiced for the Hire Bins, Associated Services and/or Tipping Service and any applicable Tipping Fee.
2.12. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
2.13. Invoices include invoices for Services provided and/or rental of Hire Bins.
2.14. GST refers to Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have meanings contained within the GST Act.
2.15. Major failure refers to Major failure as defined under the Competition and Consumer Act 2010 and the Fair Trading Acts in each of the States and Territories of Australia.

GENERAL

3.1. These Terms and Conditions together with the Supplier’s written quotation for a Hire Term and/or Order for Hire Bins and Services including the Supplier’s Hire Rules from time to time forms this Agreement and should be read in conjunction with the Supplier’s Credit Application Form where completed.
3.2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these Terms and Conditions will prevail.
3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
3.6. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
3.7. 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 and the offending provision shall be deemed as severed from these Terms and Conditions.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer.
3.9. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
3.10. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website, www.vtgwasteandrecycling.com.au. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.

PLACEMENT OF ORDERS

4.1. An Order is a request for Hire Bins and Associated Services from the Customer incorporating the relevant Hire Terms of the hire in accordance with the quotation provided by the Supplier.
4.2. Orders placed by the Customer with the Supplier will be considered valid when placing the Order by telephone or electronically via email or online through the Supplier’s website.
4.3. Any written quotation given by the Supplier shall expire thirty (30) days after the date of the written quotation. Quotations may also be provided to the Customer by verbal communication over the telephone.
4.4. All prices are based on taxes and statutory charges current at the time of the quotation. Should these vary during the period from the date of the quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.

PRICE

5.1. GST will be charged on the rental of Hire Bins and Services provided by the Supplier that attract GST at the applicable rate.
5.2. The Supplier reserves the right to change the Price to the Supplier’s Order in the event of a variation which was previously unknown or unforeseen by the parties at the time the Order was placed, and notice will be provided in writing by the Supplier within a reasonable time.
5.3. At the Supplier’s sole discretion the Price shall be either:
5.3.1. As detailed on invoices provided by the Supplier to the Customer in respect of Hire Bins and/or Associated Services, Tipping Services and any applicable Tipping Fees;
or 5.3.2. The Supplier’s quoted Price as for the Order (subject always to clause 5.2).
5.4. At the discretion of the Supplier, all Orders may be subject to the payment of a deposit or upfront payment of the Price by the Customer prior to the Hire Bins and Associated Services being provided by the Supplier.
5.5. The quoted Price for any Order placed online through the Supplier’s website must be paid upfront.

HIRE BINS AND ASSOCIATED SERVICES

6.1. The provision of the Hire Bins is subject to Hire Terms included in the Supplier’s quotation and accepted by the Customer when placing an Order. Relevant Hire Terms are:
6.1.1. The commencement and duration of the hire period, including any minimum hire period; and
6.1.2. The capacity of the Hire Bin to be provided by the Supplier.
6.2. At any time before payment is made by the Customer, the Supplier reserves their right to:
6.2.1. Decline requests for any Hire Bins and Services requested by the Customer.
6.2.2. Cancel or postpone appointments at their discretion.
6.3. The Supplier may, at its sole discretion, indicate in the quotation a minimum hire period and this minimum hire period shall apply regardless of the Customer’s intended and disclosed use and/or whether or not the Hire Bin is collected by the Supplier prior to the expiration of a minimum hire period at the request of the Customer.
6.4. The Supplier may specify in the quotation a mandatory charge in consideration for the Associated Services and/or Tipping Services, including time taken to transport the Hire Bin at its prevailing rate.
6.5. The Supplier may, on request from the Customer, acquiesce to extend or vary any of the Hire Terms specified in the Order. In this event, the Supplier shall be entitled to make an additional charge. Variation of the Hire Terms includes, but is not limited to, extension of the duration of the hire period and/or any additional Associated Services and/or Tipping Services provided by the Supplier; however, the Customer acknowledges and accepts that the agreed Price of Bin Hire shall continue until collected by the Supplier at the request of the Customer and that these terms and conditions shall continue to apply.
6.6. The Customer must ensure the Hire Bin is able to be collected at or within the agreed and/or stipulated hire period. In the event the Supplier is unable to collect the Hire Bin for any reason, the Customer may be liable for a further charge.
6.7. The Customer acknowledges that all Hire Bins are to remain the property of the Supplier at all times. The Supplier is the owner of the Hire Bin and has provided the Customer the contractual license to use the Hire Bin.
6.8. The Customer must ensure the Hire Bin is ready for collection in an undamaged condition and, as far as practicable, in the same condition in which the Hire Bin was received by the Customer subject only to damage from normal fair wear and tear.
6.9. The Customer accepts that the Hire Bin must not be otherwise sold in whole or in part for commercial gain.
6.10. The Customer will be responsible for the care, security, and storage of the Hire Bin and accepts all risk thereto until removed by the Supplier at the end of the hire period or otherwise at the request of the Customer.
6.11. The Customer acknowledges that it has no property or interest in the Hire Bin or any part thereof and agrees that it will not make any alterations or additions to the Hire Bin without obtaining the written consent of the Supplier. Any additions or alterations made to the Hire Bin whether by replacement, substitution, or otherwise shall form part of the Hire Bin and shall be subject to this agreement.
6.12. The Customer shall not remove, obscure or deface any identifying mark, label or device on the Hire Bin or any part thereof.
6.13. The Customer shall take all reasonable and proper care of the Hire Bin whilst in his possession and indemnify the Supplier against any loss and damage to the Hire Bin whatsoever.
6.14. Notwithstanding the provisions above, the Supplier shall be entitled to maintain an action against the Customer for the full retail replacement price for damaged, altered, or stolen Hire Bins whilst in the Customer’s custody or care as a liquidated demand.
6.15. The Customer acknowledges that it shall use the Hire Bin only for the purpose for which it is intended and in accordance with the stated Bin Hire Rules and any instructions provided by the Supplier.
6.16. The Customer shall indemnify, and keep indemnified the Supplier for any claims of direct, indirect, special or consequential loss and damage by any person or party whatsoever for injury to any person or persons and/or damage sustained to property caused by or in connection with or arising out of the use or misuse by the Customer of the Hire Bin or in a manner contrary to the Hire Rules or contrary to law and in respect of all costs and charges in connection with therewith whether arising out of statute or common law.
6.17. The Customer shall mark out and/or specify to the Supplier the correct position for placement of the Hire Bin and shall be responsible for ensuring compliance with any local council or authority rules with respect to placement of Hire Bins on or adjacent to government roads or nature strips or premises adopted by any local council or authority and agrees to indemnify the Supplier against any direct, indirect, consequential or special loss and damage as a result of a breach of this clause.

Tipping Services and Fees
6.18. The Customer remains responsible to the Supplier for all Tipping Fees incurred by the Supplier in connection with disposing of waste material.
6.19. For Non-Account Customers, an estimate of the Tipping Fee is included in the quotation and/or Order.
6.20. Unless otherwise stated, the quotation includes one Tipping Fee per Hire Bin per hire period. Further tipping required by the Customer during the hire period will incur further Tipping Services at the Supplier’s prevailing rate and any further Tipping Fees.
6.21. Non-Account Customers will be invoiced for all Tipping Fees at the end of the hire period.

RELEVANT BIN HIRE RULES
7.1. The following comprise the Hire Rules the Customer must adhere to unless expressly waived by the Supplier in the quotation and/or Order or subsequently in writing. The Customer must not cause or allow:
7.1.1. The lighting of fires or the burning of waste inside the Hire Bin;
7.1.2. The Hire Bin to be moved;
7.1.3. Any liquids to be placed in the Hire Bin, including but not limited to liquid concrete;
7.1.4. Harmful, unsanitary, explosive, hazardous or noxious materials to be placed in the Hire Bin, including but not limited to asbestos, acids, solvents, greases, minerals, faecal matter, bathroom waste, and used needles or medical waste;
7.1.5. The Hire Bin to be filled higher than the top of the sides of the Hire Bin or in such a manner as may allow any spillage to occur in transit;
7.1.6. The Hire Bin to be used for any illegal purpose;
7.1.7. The covering of any identifying trade mark or advertising of the Supplier on the Hire Bin.
7.2. The Customer covenants to adhere to the Bin Hire Rules and indemnifies and continues to indemnify the Supplier against any direct, indirect, consequential or special loss and/or damages pursuant to the Customer’s breach of the rules or negligent use or misuse of the Hire Bin.

PAYMENT AND CREDIT POLICY
8.1. Any reference to Customer shall include all Customers, unless it refers to a specific group of Customers.
8.2. For credit purposes, the two main groups of Customers are Non-Account Customers and Account Customers.
8.3. Non-Account Customers must make full payment of the Price prior to or upon commencement of the hire period.
8.4. Account Customers must make full payment to the Supplier within twenty-one (21) days from the date of issue of invoice(s) for the Hire Bin and/or Associated Services and Tipping Services provided by the Supplier and any applicable Tipping Fee.

Credit
8.5. Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed Credit Application Form.
8.6. Any credit granted may be revised by the Supplier at any time and at its discretion.
8.7. The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
8.8. The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.

DISHONOUR OF CHEQUE
9.1. If any cheque issued by the Customer or by any third party in payment of the Price is dishonoured:
9.1.1. The Supplier may collect the Hire Bin and refuse to supply any further Services and/or Hire Bin until satisfactory payment is received in full, including bank fees and charges;
9.1.2. The Supplier is entitled to treat the dishonour of the Customer’s cheque as a repudiation of this Agreement and to elect between terminating this Agreement or affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Customer, including loss of profit.
9.1.3. The Customer may be liable for a dishonoured cheque fee of $40.00.

DEFAULT
10.1. Invoices issued by the Supplier shall be due and payable upon commencement of the hire period for the Hire Bin for Non-Account Customers, and invoices issued by the Supplier shall be due and payable within twenty-one (21) days from the date of issue of the invoice for Account Customers (“Default Date”).
10.2. If the Supplier does not receive the Outstanding Balance for the Price on or before the Default Date, the Supplier may, without prejudice to any other remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further action. The Customer acknowledges and agrees that:
10.2.1. A default fee of $50.00 may be charged to the Customer’s account.
10.2.2. All reasonable costs and expenses incurred by the Supplier, including collection fees, legal fees, and any other related costs, shall be the responsibility of the Customer.
10.2.3. If the Customer defaults on their payment and the overdue account is referred to a debt collection agency or law firm, the Customer will be responsible for covering any recovery costs. Should the agency charge commission based on a contingency fee, the Customer is also required to pay the Supplier the commission payable to the agency. The commission is calculated using the following formula:
$\text{Original Debt}\times 100÷(100-\text{Commission \%})$
The commission rate is applicable as charged by the agency at the time, including GST.
10.2.4. For debt recovery services by Prushka Fast Debt Recovery, the commission rates for unpaid amounts are listed on www.prushka.com.au.
10.2.5. If the Supplier or its agency refers the overdue account to a lawyer, the Customer must pay the lawyer’s charges, which will be assessed on an indemnity basis as a liquidated debt.

Risk and Liability
11.1. The Customer is responsible for ensuring that the Hire Bin(s) are suitable for their intended use.
11.2. The Customer must provide sufficient information when placing Orders to enable the Supplier to execute the Order effectively.
11.3. The Supplier is not liable for any issues caused by inaccurate or incorrect specifications provided by the Customer. The Customer is responsible for any costs incurred by the Supplier to rectify any errors in the Order.
11.4. The Customer must inform the Supplier of any special requirements for the Order. The Supplier will rely on the integrity of the information provided.
11.5. The Supplier is not liable for damages or costs resulting from insufficient or inaccurate information provided by the Customer.
11.6. The Supplier will not be held responsible for any third-party representations.
11.7. The Supplier is not liable for any loss resulting from delays or failures to provide Hire Bins or services due to events beyond their control (force majeure).
11.8. The Supplier does not guarantee the provision of Hire Bins or Associated Services unless specifically included in the quotation.

Warranty
12.1. The Supplier’s warranty provisions are in addition to any other rights the Customer may have under applicable laws.
12.2. The Supplier does not seek to exclude liability that cannot be excluded under the Competition and Consumer Act 2010 or the Fair Trading Acts in any Australian jurisdiction.

Warranty for Hire Bins
12.3. The Supplier warrants that if a defect is reported within three (3) days of the hire period’s commencement, the defect will be addressed by either:

• 12.3.1. Providing a replacement Hire Bin, with the new delivery date considered the commencement of the hire period; or
• 12.3.2. Offering a refund for the price paid.

12.4. A claim under this clause is not valid if the Hire Bin is unsuitable for the Customer’s intended use, whether disclosed or not.

Claims under Warranty
12.5. Warranty claims must be submitted by one of the following methods:

• 12.5.1. By post to PO Box 808, Palmerston NT 0831, with proof of purchase;
• 12.5.2. By email to ezi@ezigreenskipbins.com.au, with proof of purchase; or
• 12.5.3. By calling 0428 893 721.
  
  

Termination and Cancellation

Cancellation by Supplier
13.1. The Supplier may cancel an Order at any time before payment is made by providing written notice to the Customer. The Supplier is not liable for any loss or damage resulting from such cancellation.
13.2. The Supplier may cancel all or part of an unfulfilled Order and require immediate payment if:

• 13.2.1. The Customer’s payment becomes overdue;
• 13.2.2. The Customer becomes insolvent, enters into arrangements with creditors, or is subject to a receiver or liquidator;
• 13.2.3. A receiver, manager, or similar person is appointed to the Customer or their assets.

Cancellation by Customer
13.3. The Customer may cancel an Order only if they provide at least twenty-four (24) hours’ notice before the hire period begins, unless the Supplier agrees in writing to a shorter cancellation period.
13.4. If the Customer cancels without sufficient notice, they will be liable for any losses incurred by the Supplier, including loss of profits.
13.5. If the Supplier breaches the Agreement, the cancellation provisions in 13.3 and 13.4 will not apply.

Set-Off
14.1. The Customer has no right of set-off in any legal proceedings for default in payment initiated by the Supplier.
14.2. The Supplier can use this clause as a defense against any set-off claims.

Insurance
15.1. The Supplier is not responsible for providing insurance related to Hire Bins or Associated Services. The Customer is responsible for arranging and covering any insurance at their own cost.

Access
16.1. The Customer will be charged an additional fee if the Supplier’s work is obstructed or if safe access to the Hire Bin is not provided.
16.2. The Supplier is not responsible for delays caused by factors beyond their control, including inclement weather or the Customer’s failure to provide required items or information.

Agreed Use
17.1. The Customer may forfeit any rights if the Hire Bin is used for purposes other than those intended or is altered without following the Agreement’s terms.

Jurisdiction
18.1. This Agreement is governed by the laws of the Northern Territory, and any disputes will be resolved in its courts.

Privacy Act 1988
19.1. The Customer and Guarantor(s) agree to:

• 19.1.1. Allow the Supplier to obtain a credit report from a credit reporting agency;
• 19.1.2. Allow the Supplier to share information with credit providers and agencies;
• 19.1.3. Consent to the Supplier using a credit report to collect overdue payments.

Entire Agreement
20.1. These Terms and Conditions represent the full Agreement between the Customer and Supplier.
20.2. Amendments to this Agreement must be in writing and signed by both parties.
20.3. Any prior discussions or representations are superseded by this document.
20.4. This Agreement does not contradict any provisions of the Competition and Consumer Act 2010 or Fair Trading Acts.