Terms & Conditions

1. SERVICE:

Skips 360 will act as an agent for the bin
suppliers listed on the website. The suppliers have authorised Skips 360 to
enter into binding contracts for the supply and services on their behalf and to
collect payments on their behalf.

2. FEES AND CHARGES:

2.1 The Customer will pay the Specified Fees to Skips
360 in consideration of the agreed services to be provided by the nominated
supplier to the Customer and pursuant to the terms of this Agreement.

2.2 The fees and charges are inclusive of GST unless otherwise stated for the
Specified Fees or Additional Charges.

2.3 The Customer acknowledges that in addition to the Specified Fees that it
shall pay to the nominated supplier or Skips 360 the Additional Charges should
the Customer incur such charges in accordance with clause 3.

3. ADDITIONAL CHARGES:

3.1 The Customer shall pay to the supplier or Skips
360 the following Additional Charges:-

(a) Additional charges to meet tipping fees or special tipping fees and all
handling charges including Excess Loading Fees, expenses and costs incurred by
the supplier including additional costs to deal with Prohibited Materials or
types of materials placed in the Bins where additional charges are imposed by
the tip or waste station where the materials are disposed by the supplier.

(b) Restricted Delivery / Collection Fees.

(c) Excess Retrieval Fees where the Skip Bin is not available for collection on
the Collection Date.

(d) Over loading of skip bins (Bins are not to be filled above the rim).

3.2 The Additional Charges for the purposes of clause 3.1 will be reasonable
charges in conformity with standard charges for such additional fees charged by
the supplier.

4. PAYMENT:

4.1 The Customer shall pay the Specified Fees due
under this Agreement to Skips 360 at the time of submitting and processing the
order.

4.2 The Customer shall pay any Additional Charges to the supplier before the
bin is removed from the property after being invoiced for such Additional
Charges.

4.3 The Customer irrevocably and unconditionally authorises Skips 360 to charge
its credit card or debit card for the amount of the Specified Fees under this
Agreement and for any Additional Charges.

4.4 Skips 360 will send a Tax Invoice for fees in accordance with the GST
Legislation.

5. CUSTOMER OBLIGATIONS

The Customer acknowledges and agrees:-

(a) to use the supplied Skip Bin in a reasonable and sensible manner;

(b) 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;

(c) to render the Skip Bin to the supplier 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;

(d) to make the Skip Bin ready and available for collection by the supplier on
the Collection Date;

(e) that legal title of the Skip Bin does not pass or vest in the Customer at
any time;

(f) the Customer shall not encumber or charge the Skip Bin in any way
whatsoever;

(g) that no interest whatsoever is created or conferred in the delivered Skip
Bin to the Customer;

(h) to only use the Skip Bin for the depositing Specified Waste Materials;

(i) 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;

(j) 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;

(k) 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;

(l) that Skips 360 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.

(m) 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 supplier
properly disposes of such contents;

(n) where (m) above applies, the supplier 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 supplier is able to collect the Skip Bin in an
empty and clean state.

6. RESTRICTIONS ON USE OF SKIP
BINS:

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

(a) place or allow to be placed whether directly or indirectly into the Skip
Bin any Prohibited Materials.

(b) light fires, burn or allow the burning of waste materials in the Skip Bin;

(c) 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;

(d) 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
supplier;

(e) use the Skip Bin for any illegal purpose which contravenes this Agreement
or any law;

(f) 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:

7.1 The Customer may cancel or vary the order
providing Skips 360 written notice of the cancellation or variation to the
order not less than 24 hours prior to the Delivery Date. You will incur an
Administration Fee of $35.00 for any cancellation.

(a) In the event an order is cancelled by the Customer on the Delivery Date the
cancellation fee will be what the supplier deems to be reasonable costs
payable.

7.2 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
supplier and may be subject to payment of additional fees and charges for
changing the Service required and other reasonable costs of the supplier.

7.3 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.

7.4 Skips 360 may cancel the Customer’s order at any time on or prior to the
scheduled Delivery Date in circumstances where the supplier is unable or
incapable of supplying and/or delivering the Skip Bins or carry out the Service
on the date or time required by the Customer; and

7.5 In the event an order is cancelled by Skips 360, the Customer will be
entitled to receive 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.

7.6 Skips 360 may cancel this Agreement without prejudice to its rights under
this Agreement including Delivery / Collection Charges where the supplier 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 work, health and safety
issues to persons in the vicinity of the suggested delivery point.

7.7 The supplier 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 and 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 AND CONDITIONS

9.1 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.

9.2 Skips 360 or the supplier accepts no responsibility whatsoever for any
damage caused to the ground, surface, road, path or passage of the Site Address
or the location designated near or in 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 Skips 360.

11. INDEMNITIES BY CUSTOMER:

The Customer shall be responsible for and shall
indemnify Skips 360 against liability for all loss, damage or injury to Skips
360 arising or caused by the Customer’s breach of these terms or the Customer’s
use, custody and control of the Skip Bin howsoever caused (excepting attributed
damage caused by the negligence of Skips 360) by the Customer, Customer’s
employees, the Customers sub-contractors, the Customer’s agents and
unauthorised third parties.

12. 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 Skips 360 and the supplier from and against all
actions, costs, charges, claims and demands in respect thereof.

13. IMPLIED STATUTORY TERMS
& LIMITATION OF LOSSES:

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

13.2 Where the Skip Bin services, if any, provided by the supplier under this
Agreement are not of a kind ordinarily acquired for personal, domestic or
household use or consumption then in the event the supplier is in breach of
this Agreement, or is liable for loss or damage, the supplier shall not be
liable for any consequential loss including economic loss and the liability of
the supplier to the Customer shall be limited to as the supplier may decide:

(a) the supplying of the Service again;

(b) the supplying of equivalent goods or services; or

(c) the payment of the cost of having such services supplied again.

14. PROPER LAW OF CONTRACT:

This Agreement shall be construed and take effect
in accordance with the laws of the State of South 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

15. 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.

“Agreement” means the terms and conditions set out in this
document.

“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 the supplier or the date of delivery of the Skip Bin,
whichever is the alter to occur.

“Delivery Period” means the date commencing at the Delivery Date
and terminating at the agreed time on the Collection Date of if no agreed time,
a time as selected by the supplier for such date or a later date.

“Excess Loading Fees” means additional fees payable for materials
placed in the Skip Bin which protrude from the Skip Bin or are protrude above
the height of the Skip Bin.

“Excess Retrieval Fees” means the additional cost per day or part
thereof for the licensed use of the delivered Skip Bin extending beyond the
initially agreed Collection Date to a date being when the Skip Bin is
reasonably available for collection on a business day.

“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.

“Prohibited Materials” means and includes:-

(a) any liquids;

(b) any explosive materials or combinations of materials or substances which
creates 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 the supplier by reason of no or
restricted access to the Site 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 supplier upon
seeing the Site Address,

“Skip Bin” means a waste bin receptacle commonly used for delivery
to parties on a specialist use truck, disposal of materials and refuse in 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 Skips 360 for the
provision of the Service after taking into account or specified for:-

(a) the size and type of the Specified Skip Bin

(b) the Site Address;

(c) the Delivery Period;

(d) the Waste Type

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

“Specified Skip Bin” means the type and size of the Skip Bin as
agreed between the parties.

“Specified Waste Materials” mean the Waste Type but excludes
Prohibited Materials.

“Waste Type” means the type of waste as agreed between the parties
for disposal in the Skip Bin and otherwise referred to and described on the
Website for each type of Waste Type.

“Website” means the website of Skips 360 with web address Skips360.com.au