We are Wasteman Pty Ltd, a company registered in Gold Coast under Australian Company Number ACN 092683826 and with our registered office at 5 Sixth Avenue, Palm Beach QLD 4221. Our ABN is 36092683826.
These Terms and any quotation set out the whole agreement between you and us for the supply of our rubbish collection services, to the exclusion of all other terms and conditions.
Where we are able to provide a quote for our services without first needing to inspect the location where our services are to be provided or where you request we go ahead and complete a job simply with your instructions to invoice upon completion, then a contract shall be created between us upon your acceptance of our quote or upon your instructions to proceed without quotation, whether by telephone or email or otherwise. We reserve the right to vary our quoted price if at the time of collection the information you provided to us at the time of quotation was incomplete or inaccurate.
Where we need to visit the location where our services are to be provided in order to quote there shall be no contract between us, until we have inspected the location to provide a quotation. Any prior price indication shall be an estimate only, and not binding on us. A quotation from us shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
You may amend or cancel a booked collection at any time 48 hours before the booked collection by providing us with written notice. Amendments or cancellations within 48 hours of a booked collection will incur a $50 administration charge.
Where you may be deemed to be contracting as a “consumer” then you will additionally have the right to cancel a booking at any time up to the end of seven working days after the day on which the contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays: (a) You do not have the right to cancel the contract if the supply of our services begins with your agreement before the end of the seven working day cancellation period. It is assumed we have your agreement if we are required to carry out our work within this period. (b) To exercise the right of cancellation, you must provide us with written notice.
If we are unable to remove any items from the premises as, for example, they are too large to fit through the doorways, then: (a) If we agree, in our discretion, to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway, if we are still unable to remove the item from the premises, then we shall not be responsible to reassemble such item; (b) If you wish us to appoint a third party company to assist, then you shall be responsible for such third party’s costs.
Unless we are prevented from doing so by a Force Majeure Event, we will provide services with reasonable care and skill.
We will make every effort to provide the services on removal dates provided but there may be delays due to circumstances beyond our control. In this case we will inform you to arrange a revised removal date as soon as reasonably possible.
You shall provide to us, our employees, agents and subcontractors, with free and safe access to the premises where the rubbish is to be removed. You shall also notify us of any special circumstances which may be relevant to our quotation, including not limited to if the rubbish is difficult to get to, if any items are large or heavy, or if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park free of charge outside the premises where the rubbish is to be collected from. If you do not, or you provide us with incomplete or inaccurate information or instructions, we may cancel a collection, either on attendance at site or by giving you notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required.
You confirm that you have the full authority for us to collect and dispose of the rubbish. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of your not having the authority for us to clear the rubbish.
Upon loading the rubbish onto our vehicles as instructed by you or your agent(s), legal ownership and responsibility for these items shall pass from you to Wasteman Pty Ltd. Unless otherwise notified, we shall dispose of these items as and how we deem fit. This includes but is not limited to disposal at registered waste facilities, recycling facilities, by donation, by sale or we may make use of the items personally.
If we detect or suspect there may be any asbestos or other hazardous or dangerous substances or materials on site we may immediately vacate the premises, and will not be responsible for further collection and disposal. In such event, you shall still be fully liable to pay for our services in full.
If we need to appoint an expert to remove such materials already loaded onto our vans, we reserve the right to charge you, if at the time of removal we were unaware of any asbestos or other hazardous or dangerous substances or materials in what has been removed.
Any sharp or dangerous objects e.g. knives and broken glass should be separately stored in an appropriate container by you before we arrive for the collection. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our staff.
The price of our services will be as set out in the quotation we provided to you.
Prices include GST unless otherwise indicated on the quotation.
We may invoice you at any time after we have provided the services. If you do not have an account with us then you must pay the invoice in cleared monies within 24 hours of the date of the invoice by money transfer or you must pay by Cash, Credit or Debit Card. If you have an account, invoices must be paid within 14 calendar days of the date of the invoice.
Time for payment of our invoices shall be of the essence of the contract.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of Commonwealth Bank of Australia from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with the overdue amount.
Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.
You shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
This clause does not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by the Competition and Consumer Act 2010 and the Australian Consumer Law.
Subject to clause 6.1 (a) under no circumstances whatever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and (b) our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of our services less our legitimate incurred business costs under the contract in question.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks.
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
We may terminate the arrangement between us at any time by providing you with 48 hours notice.
Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to us at 72 Casuarina Drive, Elanora QLD 4221 and or email to [email protected] We may give notice to you at either the e-mail or postal address you provide to us at the time of booking. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
We will only use the personal information you provide to us to provide the services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. [We will not pass your data to third parties.]
You acknowledge and agree that we may pass your details to credit reference agencies.
Where the person approving our quotation (“the Guarantor”) does so on behalf of a company partnership or other entity (“the Client”), then by way of further consideration of our agreeing to provide the services on credit, the Guarantor guarantees to us, whenever the Client does not pay any of our invoices when due (“the Obligations”), to pay on demand such Obligations.
If the Obligations are not recoverable from the Client by reason of illegality, incapacity, lack or exceeding of powers, ineffectiveness of execution or any other reason, the Guarantor shall remain liable under this guarantee for the Obligations as if he were a principal debtor.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
These Terms shall be governed by Australian law and you and we both agree to the exclusive jurisdiction of the Australian courts.
Please check that the details in these Terms are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
Any advertising we issue and any descriptions contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the services.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order our services from us unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.