TERMS & CONDITIONS
TERMS AND CONDITIONS OF SKIP BIN HIRE
AGREEMENT
This Agreement is between Prime Skips Trading Pty Ltd trading as Prime Skips (Brisbane) “Prime Skips” and the hirer of the skip bin, now known as "The Customer".
TERM
Prime Skips agrees to provide the Customer the designated Skip Bin for the duration of the Customer's needs, or for a reasonable time period for the Customer to complete their task. A reasonable time period is represented as 7 days after delivery to the Customer's designated address, after which time Prime Skips may apply additional charges.
CHARGE AND PAYMENT
The Customer must pay Prime Skips the agreed price (including GST) for the designated Skip Bin ordered. Payment is required prior to any services rendered for non-account customers. Approved account customers may access agreed payment terms subject to credit approval.
Interest charges of 5% compounding daily apply to all overdue amounts. The Customer will be liable for all debt collection costs, legal fees, and recovery expenses incurred by Prime Skips in recovering overdue amounts.
Additional charges may be payable for non-conforming waste, non-allowable items or waiting time at the Customer's site which is incurred by no fault, delay or cause of Prime Skips. Additional charge items are viewable on our website.
CANCELLATION
The Customer may cancel this Agreement at any time up to 2 hours before the scheduled delivery time without penalty. Cancellations made less than 2 hours before delivery will incur a cancellation fee of $50. If the skip bin has already been delivered, collection can be arranged immediately for a $75 early collection fee.
PERFORMANCE OF SERVICE
Prime Skips will perform Skip Bin delivery and collection services on any given business day between the hours of 7:00am and 5:00pm and at its discretion will perform services outside these hours and within the noise and traffic legislation set out by the relevant governing body. On occasion where service cannot be safely performed Prime Skips reserves the right to refuse service. Safety concerns include (but are not limited to) insufficient space, uneven or unstable ground, overloaded bins, damaged or broken bins (where damage has occurred after delivery), bins filled unevenly.
OWNERSHIP
The Customer acknowledges that each Skip Bin remains the property of Prime Skips at all times.
CUSTOMER OBLIGATIONS
The Customer agrees to:
– not compact waste
– not relocate Skip Bins once placed
– not use the Skip Bins for any unintended activity
– not remove Skip Bins from site for any reason
– not deface or otherwise damage our Skip Bins
– reimburse for cost of repairs required while in the Customer's possession
– indemnify Prime Skips in respect to all claims, suits, and demands for damages caused directly or indirectly to any person or property (including the Customer) by, or in connection with the use of our Skip Bins
– inform Prime Skips if the Skip Bin is damaged, in dangerous condition or in need of repair
– grant Prime Skips exclusive rights to the removal from the Site of the types of Waste agreed by the Customer
– not to allow any other Skip Bin/Waste Removal Operator to use a Skip Bin from Prime Skips for removal services during the term of this Agreement
– at its own expense, obtain all required consents and approvals and comply with all local regulations relating to the provision of a Skip Bin for this Agreement
– take responsibility for any and all fines, charges, fees or any expenses incurred in relation to the delivery, placement and usage of the Skip Bin for this Agreement
– comply with all reasonable directions given by Prime Skips.
GROUND SURFACE
The Customer warrants the ground surfaces traversed by Prime Skips vehicles on and at the Site are suitable for the purpose of the delivery and collection of Skip Bins and acknowledges Prime Skips will not be liable for any damages except in case of gross negligence by Prime Skips.
WASTE
The Customer will use the Skip Bin for only the intended waste as per the Allowable Items displayed for each Skip Bin on our website. Prime Skips will only collect the Skip Bin if a visible inspection of the waste meets that of the waste in the Agreement. If the waste is identified as something other than within the Agreement Prime Skips may, at its discretion:
– not collect the Skip Bin
– request the Customer sort the waste accordingly
– adjust the Charge for disposal of the waste in the Skip Bin
WEIGHT LIMITS
All skips have an allowable weight limit of 300kg per m³ included in the quoted price. Weight exceeding 300kg/m³ will be charged at an additional pro rata rate of $0.185/kg ($185.00/tonne)
SITE ACCESS
Prime Skips will rely on information provided by the Customer with respect to Site access. The Customer must ensure that there is unobstructed and safe access for Prime Skips to perform the Services.
DELIVERY LOCATION APPROVAL
The Customer is solely responsible for obtaining permission from the relevant person, entity or authority (i.e. Council, Body Corporate/Strata Manager) if the Skip Bin is to be placed on a communal or public site or any other location which in the circumstances requires the permission of a third party. If the relevant approval documents cannot be produced by the Customer, Prime Skips may refuse to complete the delivery and charge a futile delivery fee which is based on our Hourly Waiting Time charge and is calculated at a Base-to-Base rate.
DELIVERY
Prime Skips will deliver the Skip Bin to the Site within a reasonable time from the date of the Agreement.
INSURANCE
The Customer is responsible for ensuring adequate public liability insurance coverage for the placement and use of skip bins on their property. Prime Skips maintains comprehensive insurance for its operations and equipment.
FORCE MAJEURE
Neither party shall be liable for any failure to perform their obligations under this Agreement due to circumstances beyond their reasonable control including but not limited to: severe weather conditions, natural disasters, government restrictions, industrial disputes, equipment failure, or public health emergencies. Prime Skips will use reasonable endeavours to reschedule services as soon as practicable.
ENVIRONMENTAL COMPLIANCE
All waste must comply with local environmental regulations. Prime Skips reserves the right to refuse collection of non-compliant waste materials.
COMMUNICATION
For service changes, emergencies, or enquiries, contact Prime Skips via phone (business hours), email, or through our website portal. Emergency contact is available 24/7 for safety issues. All service modifications must be confirmed in writing.
TERMINATION
Either party may terminate this Agreement immediately for material breach after providing 24 hours written notice to remedy the breach. Prime Skips may terminate immediately for safety concerns, non-payment, or prohibited waste placement.
DATA RETENTION
Customer information may be retained indefinitely for business purposes including customer service, marketing, and operational improvements. Customers may request deletion of their personal information at any time subject to legal and accounting requirements.
HEALTH AND SAFETY
The Customer is responsible for providing a safe working environment. Prime Skips will comply with all relevant safety legislation during service delivery.
SERVICE AREA RESTRICTIONS
Prime Skips services the greater Brisbane metropolitan area. Additional charges apply for locations requiring special access or extended travel times. Site assessment may be required for unusual locations.
EQUIPMENT SPECIFICATIONS
Skip bin specifications are available on request. All equipment remains the property of Prime Skips and must be used in accordance with manufacturer guidelines and Australian Standards.
DISPUTE RESOLUTION
Any disputes arising from this Agreement shall first be addressed through direct negotiation between the parties. If unresolved within 14 days, disputes will be referred to mediation through the Australian Commercial Disputes Centre or the Queensland Civil and Administrative Tribunal (QCAT) before any legal proceedings may commence.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law the Customer will be responsible for all liabilities, claims, damages, actions, costs and expenses which may be incurred by Prime Skips as a result of or arising out of any breach by the Customer of any of the terms, warranties, covenants or conditions of this Agreement. The Customer will be responsible for any loss or damage to Prime Skips' property Skip Bins occasioned as a result of or in connection with the Customer's use of our equipment. The Customer will be responsible for any claim or action which may be brought against Prime Skips, its employees or agents in respect of personal injury or death of any person and for any other claims whatsoever made against Prime Skips as a result of or in connection with the use of our equipment.
PRIVACY
Prime Skips and its related entities are committed to the protection of personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). Information collected as part of entering into, and the performance of, this Agreement will be collected, used and disclosed in accordance with Prime Skips' privacy policy.
GENERAL
Prime Skips may assign or novate its rights and obligations under this Agreement to a related corporate body or company without the consent of the Customer. The Customer may not assign or novate its rights and obligations under this Agreement without the prior written consent of Prime Skips (such consent not to be unreasonably withheld). This Agreement is subject to the laws of the State where the Services are provided and the parties submit to the jurisdiction of the courts of that State. Any provision of this Agreement which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of this Agreement. If the person authorising this Agreement is doing so on behalf of the Customer which is a corporation or other entity, that person hereby warrants that he/she is duly and legally authorised to execute and enter into this Agreement on behalf of the Customer. The Customer acknowledges and agrees that this Agreement may be amended from time to time at Prime Skips' discretion and the amended agreement will have full force and effect between the parties on the thirtieth (30th) day following the provision of written notice of the amended Agreement to the Customer.