Terms and Conditions of Hire
Please read the terms and conditions carefully.
In these terms and conditions, the following definitions apply unless the context otherwise requires:
“CCA” means Competition and Consumer Act 2010 (Cth).
“Contract” means the Order Form, these Conditions and any other document which the parties have agreed in writing shall form part of this Contract.
“Delivery Date” means the date set out in the Order Form for delivery of the Wheelie Skip to the Premises.
“Expiry Date” means the date which is three calendar days after the Delivery Date or such other date as the Owner agrees, in its absolute discretion, is the Expiry Date.
“Hazardous Waste” means any hazardous material including but not limited to Radioactive Waste, Batteries, Paint, Tyres, Mattresses, Medical Waste, Asbestos *, Acids, Liquids, Fire Ants or soil where Fire Ants may have been.
“Hire Charge” means the amount detailed in the Order Form, including but not limited to the hire fee, damage waiver fee, deposit fee and excess weight fee or any additional fees resulting from additional daily hires of the Wheelie Skip.
“Hirer” means the person named and described in the Order Form as the Hirer.
“Order Form” means the order form completed by the Hirer via the Website;
“Owner” means Capital Engineering (Qld) Pty Ltd ACN 120 188 614 as trustee for the Trask Family Trust or the registered owner of the Wheelie Skip from time to time and includes its employees and authorised agents.
“Premises” means the premises named in the Order Form.
“Website” means the Owner’s website.
“Wheelie Skip” means the Wheelie Skip rented by the Owner to the Hirer and includes all equipment, accessories and component parts installed in or attached to the Wheelie Skip. It does not include loads or goods carried by the Wheelie Skip or personal property placed in the Wheelie Skip by the Hirer or any other person.
2.1. The Hirer uses the Website at its own risk including that:
(b) The Hirer is responsible for ensuring that the Hirer’s access to the World Wide Web or the Website is not illegal or prohibited by any law which applies to the Hirer;
(c) The Hirer must ensure that the Hirer’s access to the Website does not expose it to risk of viruses, malicious computer code or other forms of interference which may damage the Hirer’s computer system and the Hirer releases the Owner from any liability in that regard.
2.2. In using the Website, the Hirer acknowledges and agrees: (a) Product images are for illustration purposes only;
(b) Wheelie Skips indicated as being available may not actually be available when requested by the Hirer and the Owner is not liable for loss or damage that may result from a Wheelie Skip being unavailable even if indicated as such on the Website.
3.1. The Hirer may request the Owner to hire a Wheelie Skip to the Hirer by submitting an Order Form via the Website and making payment in accordance with the directions on the Website.
3.2. In response to a Hirer’s Order Form, the Owner may send an order confirmation to the Hirer by email or other written confirmation of the order, and on that confirmation, a Contract between the Owner and Hirer for the hire of the Wheelie Skip on the terms of the Order Form (as varied by any statements in the Order Confirmation and these Terms and Conditions is concluded.
3.3. The Owner agrees to supply and the Hirer agrees to hire the Wheelie Skip on the terms of the Contract commencing on the Delivery Date and ending on the latter of the Expiry Date and the date the Owner collects the Wheelie Skip.
3.4. If the Owner does not accept the Hirer’s order, the Owner will refund any amounts paid by the Hirer on account of the Order within a reasonable time, provided that the Hirer must provide such reasonable assistance to the Owner as may be required to process the refund.
3.5. The Hirer must be at least eighteen (18) years of age to enter into the Contract and by accepting these Terms and Conditions the Hirer acknowledges that the Hirer is aged eighteen years or over.
4. Hire Charge
The Hirer must pay the Hire Charge to the Owner on submitting the Order Form in accordance with the directions on the Website or as directed by the Owner on or prior to delivery of the Wheelie Skip.
5.1. The Hirer may cancel the order by written notice to the Owner at any time.
5.2. If the Hirer cancels the order:
(a) More than one (1) Business Day prior to the Delivery Date, this agreement will be terminated and the Owner will refund the Hire Charge to the Hirer within a reasonable time, provided that the Hirer must provide such reasonable assistance to the Owner as may be required to process the refund;
(b) Less than one (1) Business Day prior to the Delivery Date, this agreement will be terminated and the Hirer will not be entitled to a refund of the Hire Charge or any part of it.
5.3. Subject to any applicable law which may not be excluded, if upon delivery of the Wheelie Skip it is not operational or reasonably fit for the purpose for which it is intended, or if it does not match the description on the Website (the onus of proving such matters to be on the Hirer) and the Hirer notifies the Owner of the defect in writing by telephone or email within 24 hours of delivery of the Wheelie Skip, the Owner will arrange to collect the Wheelie Skip within a reasonable time and will refund the Hire Charge to the Hirer within a reasonable time, provided that the Hirer must provide such reasonable assistance to the Owner as may be required to process the refund.
6. Delivery and collection
6.1. Subject to clause 6.2, the Owner will deliver the Wheelie Skip to the Premises on the Delivery Date and collect the Wheelie Skip on the Expiry Date.
6.2. If the Owner is unable to deliver the Wheelie Skip on the Delivery Date or to collect the Wheelie Skip on the Expiry Date due to factors outside the reasonable control of the Owner but not being due to an act or omission of the Hirer, the Owner may, by notice to the Hirer, vary the Delivery Date or the Expiry Date as the case may be and upon such notice the date will be varied as set out in the notice. The Owner will use reasonable endeavours to ensure there is at least three (3) calendar days between the varied Delivery Date and Expiry Date, however the Owner is not responsible for any loss or damage or other liability incurred by the Hirer as a result of a delay under this Clause.
6.3. The Hirer may request collection of the Wheelie Skip prior to the Expiry Date. If the Owner, in its discretion, agrees to any early collection, the earlier date agreed by the Owner becomes the Expiry Date and the Hirer is not entitled to a refund or reduction of the Hire Charge.
6.4. The Hirer may request collection of the Wheelie Skip on a date which is after the Expiry Date. If the Owner, in its discretion, agrees to an extension of the Expiry Date, the Owner will advise the Hirer of the Owner’s agreement and the daily charge which will apply in respect of the extension. If the Hirer agrees, the Hirer must pay the additional charge to the Owner, whereupon, the later date agreed by the Owner becomes the Expiry Date.
6.5. The Hirer must ensure access to the Premises to enable the Owner to collect the Wheelie Skip on the Expiry Date. If failure to provide access results in an inability of the Owner to collect the Wheelie Skip on the Expiry Date, the Expiry Date is deemed to be extended until such time as the Owner is able to obtain access to collect the Wheelie Skip and the Hirer must pay a daily charge reasonably nominated by the Owner in respect of the delay and any consequential loss or damage to the Owner as a result of the failure to provide access.
6.6. The Hirer agrees that all right and title to any contents of the Wheelie Skip on the Expiry Date become the property of the Owner to deal with and dispose in its absolute discretion and the Hirer shall have no claim against the Owner in relation to those contents.
7.1. The Wheelie Skip is for the use of the Hirer and it must not be used by any other person.
7.2. The Hirer may use the Wheelie Skip for the storage and disposal of items permitted by this Contract and for no other purpose.
7.3. The Hirer must maintain the Wheelie Skip in the condition at the Delivery Date and take reasonable care to prevent loss of, or damage to, the Wheelie Skip or any part of it.
7.4. Only the Owner may move or adjust the Wheelie Skip and the Hirer must ensure the Wheelie Skip remains at the Premises unless it is moved or adjusted by the Owner.
7.5. The Hirer may not put Hazardous Waste in the Wheelie Skip.
7.6. Without limiting clause 7.4, asbestos or products which contain or may contain asbestos must not be put in the Wheelie Skip. Asbestos is a very dangerous substance and incorrect handling and disposal can lead to serious injury or death. Incorrect disposal of asbestos may lead to criminal prosecution.
7.7. The Hirer acknowledges and agrees that Wheelie Skips are intended for light material only. The Hirer must ensure that no heavy materials, which include but are not limited to sand, soil, dirt, rocks, bricks and concrete are put in the Wheelie Skip.
7.8. The Hirer must ensure that the Wheelie Skip is not overloaded including that:
(a) the lid on the Wheelie Skip must be able to close at all times; and
(b) the net weight of the trailer contents must not exceed 500 kilograms. The Owner may weigh the Wheelie Skip at any time to ascertain compliance with these restrictions.
7.9. Without limiting the Owner’s rights for a breach by the Hirer of these provisions, the Owner may charge and the Hirer must pay an additional fee nominated by the Owner for any contravention of these provisions by the Hirer.
8.1. The Wheelie Skip is the property of the Owner and the Hirer at no time has right, title or interest in the Wheelie Skip except that as specifically set out in these Terms.
8.2. Without limiting clause 8.1, the Hirer must not:
(a) sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Wheelie Skip or any part of it or any interest of the Owner in this Contract;
(b) create or allow to be created any security interest over the Wheelie Skip;
(c) part with possession of the Wheelie Skip except as specifically set out in this Contract; or
(d) allow any lien to be created in respect of the Wheelie Skip for repairs or otherwise.
9.1. The Hirer agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of:
(a) the use or misuse of the Wheelie Skip by the Hirer;
(b) the failure of the Hirer to perform its obligations under this agreement;
(c) any injury or death to any person or loss and damage to any property that is connected with the use of the Wheelie Skip or the hire of the Wheelie Skip under this Contract,
unless the loss or damage caused by the negligence or wilful default of the Owner.
9.2. Without limiting clause 9.1, the Hirer must pay Wheelie Skips on demand the full costs of any repairs or replacement parts of the Wheelie Skip resulting from damage to or theft of the Wheelie Skip or any part of it during the period that the Wheelie Skip is in the Hirer’s possession.
9.3. If the Wheelie Skip is damaged while in the Hirer’s possession, the Hirer must immediately report the damage to the Owner and the Owner will arrange for collection and repairs as appropriate. The Hirer must not repair or attempt to repair any damage to the Wheelie Skip except to the extent necessary to remove any immediate danger to persons or property.
9.4. Without prejudice to any of the Owner’s rights under this Contract or remedies in respect to any such rights, the Hirer authorises the Owner to charge to the Hirer’s credit or debit card any additional charges payable under this Contract, including, but not limited to fees or charges resulting from extended hire, overloading, loading of forbidden goods, legal expenses and recovery of any loss or damage.
9.5. Without limiting any right or remedy the Owner may have, the Hirer must pay interest on any overdue amounts payable under this Contract with effect from the due date for payment until payment in full at the rate of 2.5% per month.
10. Limitation of liability for loss and damage
10.1. To the fullest extent permitted by law, the Owner excludes all warranties and representations in respect of the supply to the Hirer of any goods and services.
10.2. Where any of the consumer guarantees under the CCA apply to any goods or services supplied by the Owner to the Hirer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees then, to the fullest extent permitted by law, the liability of the Owner under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of the Owner, to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) If the breach of liability relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
10.3. Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, the Owner shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the any goods or services supplied by the Owner or the failure of the Owner to comply with this Contract.
(a) the Hirer shall fail to pay any hiring charges when due;
(b) the Hirer fails to comply with any other provisions of this Contract;
(c) the Hirer does or allows any act or thing whereby the Owner’s rights in the Wheelie Skip may be prejudiced;
(d) the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with the Hirer’s creditors or in the case of a Hirer being a company should an order be made or a resolution be passed for the winding up of such company, or there is, in the reasonable opinion of the Owner, a risk of any such event occurring;
(e) in the reasonable opinion of the Owner, the Wheelie Skip is at risk of damage, loss or confiscation, an event of default (“Event of Default”) occurs
11.2. Without limiting the Owner’s rights under this Contract, if an Event of Default occurs, the Owner may:
(a) retake possession of the Wheelie Skip and any other property of the Owner; and/or
(b) terminate this Contract by notice in writing to the Hirer. The Hirer grants an irrevocable perpetual and payment free licence to the Owner and its authorised agents to enter upon any of the Hirer’s premises as may be needed, and to the extent required appoints Wheelie Skips as its agent for the purposes of entry onto the Customer’s premises and for removal of Wheelie Skip and any other property of the Owner. If the Owner enters the Hirer’s premises to recover goods the Hirer indemnifies the Owner or its agents or employees against any liability as a result of the entry
12.1. The Hirer acknowledges that:
(a) This Contract comprises the whole agreement between the parties in relation to the hire of the Wheelie Skip and that no collateral oral statements by the Owner or any agent of the Owner form part of the agreement;
(b) The Hirer has read and understood all these Terms and Conditions and all instructions provided for the safe use and operation of the Wheelie Skip;
12.2. The Hirer has legal capacity to enter into this Contract.
13. Privacy disclosure
13.1. The Owner hereby discloses:
(a) Its details are set out on the Website;
(b) The Owner collects the information in relation to the Hirer for the purposes of assessing whether to supply goods and services to the Hirer and on what terms and to assist the Owner in the management and administration of any supply or supplies to the Hirer.
(c) The Owner may also use the information collected to contact the Hirer to advise of offers, products or services which the Owner considers may be of interest to the Hirer.
(d) If the Owner does not collect the information set out in this form, it may not be able to supply or continue to supply the Hirer with goods and services.
(e) In most cases, the Hirer can gain access to and seek correction of the Hirer’s personal information by contacting the Owner.
(f) Information collected is not likely to be supplied to overseas entities.