Terms and Conditions
TIGER WASTE COLLECTION
These terms and conditions form the basis upon which:
(a) we supply our bins and waste disposal services to you;
(b) you hire our bins; and
(c) you pay for our services.
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
In these terms and conditions, the expressions “we”, “us” and “our” are references to Carmody and Sons Pty Limited ACN 145 806 784 trading as Tiger Waste Collection.
Terms in capital letters contained in these terms and conditions refer to the details set out in the Order a Skip Bin form or as defined in these terms.
We may amend these terms and conditions as necessary. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
What services do we provide?
We provide, in the Australian Capital Territory region:
(a) hire services for 2-metre, 3-metre, 4-metre and 6-meter (cubic meter) bins and the disposal of waste contained in the hired bins; and
(b) junk collection services for the collection and disposal of unwanted junk.
TERMS OF HIRE AND SUPPLY OF SKIP BINS
Are there any restrictions on the use of the bin?
Whilst the bin is in your care, possession and control, you agree not to:
(a) place or allow to be placed into the bin any Non-Complying Waste;
(b) light fires, burn or allow the burning of waste in the bin;
(c) excessively fill the bin causing the waste to protrude above the sides of the bin, or otherwise, not fit within the confines of the skip bin;
(d) remove, relocate or otherwise move the bin from the Delivery Address or the Placement Site, unless we expressly authorised in writing;
(e) use the bin for any illegal purpose which contravenes these terms and conditions or any law; and
(f) use the bin for any other purpose other than to deposit waste.
What is Non-Complying Waste?
Non-Complying Waste that cannot be disposed of in the bin are:
- Noxious materials;
- Needles and syringes;
- Hazardous materials;
- Paint and fluids;
- Florescent light bulbs;
- Gas bottles; and
- Heavy vehicle tyres.
If you are uncertain whether your waste is Non-Complying Waste, please contact us.
What happens if you place Non-Complying Waste or excessive waste in the bin?
If you place Non-Complying Waste or excessive waste in the bin, we may, at our discretion do either of the following:
We will not collect the bin until all Non-Complying Waste and/or excessive waste have been removed by you. We will charge you an additional fee at our usual hire rates for the extended hire of the bin: or
We will return to you the Non-Complying Waste or excessive waste and collect the bin at any time.
All waste deposited in the bin will be sorted prior to disposal at the public tip. If any Non-Complying Waste is found in the skip bin after collection, we will return those items to you and charge you a return fee of $110.
When is my order confirmed?
To place an order, you must either complete the Order a Skip Bin form online or by contacting us at (02) 6235 9844.
Upon receipt of your order, we will contact you and arrange a date and time to deliver the bin. Your order is confirmed when we agree to a delivery date and time (‘the Agreed Delivery Date and Time’).
When do we deliver bins?
We endeavour to deliver the bin to you in accordance with your delivery instructions and as confirmed by us.
However, we do not guarantee the delivery of the bin on the confirmed delivery date and time. We are not responsible for any loss or costs incurred by you as result of a late delivery of the bin.
What if we can’t deliver the bin to you as requested?
If we are unable to deliver the bin you requested, we will advise you and offer a substitute bin at no additional costs, when we contact you to confirm your delivery instructions.
If you do not wish to accept a substitute bin, you must inform us at the time of our offer and we will provide you a refund of any fees paid by you.
Where a larger substitute bin is provided, you must not exceed the capacity as requested in your Order a Skip Bin form. For example, if you ordered a 2-metre bin and a 3-metre bin was provided as a substitute, you are only permitted to fill the bin to the 2-metre capacity*. If the 3-metre skip bin is filled to its maximum capacity i.e. 3 metres in height, the fee for a larger-sized skip bin will apply and we will render an invoice for the difference as an additional fee.
*For clarity, the difference between a 2-metre and a 3-metre skip bin is its volume. The capacity is determined by the volume in cubic metres of the waste disposed in the skip bin.
Where a smaller substitute bin is provided, we will charge you the hire fee for the smaller bin.
Do we need access and where do we place the bins?
You must ensure that we have free, safe and reasonable access to the Delivery Address and the site where the bin is to be placed (‘the Placement Site’) at delivery. This includes the removal (where applicable) of any obstructions at the Delivery Address and the Placement Site.
You must obtain all necessary consents for the access and placement of the bin prior to the confirmed delivery date and time.
You indemnify us for any claim or liability for trespass to land, public or private nuisance, penalties or fines in order for us to fulfil our obligations under these terms.
The loading and unloading of a bin may damage your concrete driveway, pavement, pathway, grass or surface, including any underground watering system. We do not accept any responsibility for any damage caused as a result of our loading and unloading of the bin.
We reserve the right to refuse to enter a site or deliver the bin if we believe that the Delivery Address and/or the Placement Site are unsafe.
Do you need to be at delivery?
It is preferable for you to be present at delivery in order to guide us to the Placement Site.
If you are not present at delivery, we endeavour to place the bin in accordance with your delivery instructions, and where there is no instruction, at the appropriate site we consider safe at the Delivery Address. We are not responsible for any claim or liability incurred by you due to our selection of the Placement Site.
When do we collect the bin?
We will collect the bin at the conclusion of the hire period.
We reserve the right to collect the bin at any time prior to the conclusion of the hire period if you do not have permission to locate the bin at the Placement Site or are in breach of these terms in any way.
If you wish to extend the hire period, you must provide us with at least one business day’s notice and pay to us the applicable hire fees for the extended hire of the bin.
If you request an early collection by contacting us at (02) 6235 9844, we will collect the bin as soon as practicable after our receipt of your request. We do not charge pro rata hire fees in the event of an early collection of the bin.
You must ensure that we have free, safe and reasonable access to the Delivery Address and the Placement Site in order for us to collect the bin.
Certain items incur an additional fee – what are they?
If you do not disclose to us, at the time you submit the Order a Skip Bin form or when you book a bin over the phone, that you are disposing of mattresses, tyres, televisions and computer monitors into the bin, we will:
(a) treat it as Non-Complying Waste and as such, not collect the bin until all Non-Complying Waste have been removed. We will charge you an additional fee at our usual hire rates for the extended hire of the bin; or
(b) dispose of the items and charge you the additional fee specified in the pricing schedule for that particular item.
Notwithstanding the above, we reserve the right not to dispose of any of the above items found in the bin.
Can you cancel an order?
You may cancel your order, by providing us with at least one business day’s notice prior to the confirmed delivery date and time, by contacting us at (02) 6235 9844.
We will charge a cancellation fee equivalent to 50% of the applicable hire fees, if you cancel your order within 24 hours of the confirmed delivery date and time.
Can you change an order?
You may change your order, by providing us with at least two business days’ notice prior to the confirmed delivery date and time, by email or contacting us at (02) 6235 9844.
We will endeavour to change your order as requested, but cannot guarantee that your request will be met.
How do you pay the hire fees?
We accept payment by way of credit card, cash or cheque.
If you pay by credit card, you must do so online or over the phone by contacting us at (02) 6235 9844. The fees will be charged to the nominated card at the time you submit the Order a Skip Bin form or when we confirm your order over the phone. You authorise us to charge your nominated credit card to the amount of the applicable hire fees.
If you pay by cash or cheque, you must do so at delivery. We will also require, for payments by cheque, a copy of your current Drivers’ Licence, details of which corresponds with your full name and address set out in your Order a Skip Bin form emailed to us prior to the Agreed Delivery Date and Time or produced at delivery. If we do not receive this, you must either pay by credit card or we will be unable to deliver the bin.
We will provide you a valid tax invoice compliant with the GST legislation for your payment of hire fees and additional fees (where applicable).
What are the additional fees we charge?
We may charge you the following additional fees after collection, if:
(a) we are required to wait for more than 15 minutes at delivery or collection to fulfil our obligations under these terms, an additional fee of $30 for every 15 minutes after the first 15 minutes;
(b) we do not have access to the Delivery Address and/or Placement Site at delivery or collection, and we are required to attend the Delivery Address at a later time, an additional fee of $65 per subsequent attendance.
(c) you ordered a recycling bin and subsequently deposit waste that is not considered recyclable waste and/or deposit more than one type of recyclable waste, an additional fee being the difference between the hire fees for a skip bin and a recycling bin;
(d) you dispose of Non-Complying Waste in the bin or if the bin appears to be soiled in a state and condition beyond normal use, an additional fee of $150 attributed to the cleaning of the bin;
(e) your bin weighs more than 150kg/cubic meter for light bins or 500kg/cubic meter for heavy bins. As the bin is weighed at the public tip after collection, the additional fee being the difference between the fee for the bin and additional fees incurred for weight above the bin weight allowance charged at $120/1000kg or part thereof; or
(f) we incur any extra tipping fees or overweight fines in relation to the bin, the additional fee being the amount incurred by us for these reasons.
(g) you book a bin for delivery on a Sunday or public holiday, an additional fee 10% of the purchase price will be applied.
It is your responsibility to select the suitable bin weight and size for your purpose and to provide us with correct information.
You authorise us to charge your nominated credit card the amount of the additional fees applicable, as a separate transaction if payment of hire fees was initially made by credit card.
If you did not pay by credit card, we will issue you a tax invoice for the additional fees payable within 7 days of the date of the invoice. If payment is not made by the due date, a late payment fee will apply as per the pricing schedule.
What are your obligations?
- ensure that all necessary steps and precaution to protect the ground surface at the Placement Site have been taken;
- use the bin in a reasonable and sensible manner;
- ensure that the bin is reasonably visible and appropriate warning signs are posted in its proximity, while the bin is in your care, possession and control;
- not dispose Non-Complying Waste in the bin;
- render the bin to us at collection, in the same state and condition (subject to fair wear and tear) as when it was delivered to you;
- obtain all necessary approvals and permits for the delivery and placement of the bin at the Delivery Address and in its proximity (if applicable) for the duration of the hire period; and
- assume all responsibility and liability for the contents deposited in the bin, whether or not it was deposited by you.
You are fully responsible and liable for:
- any claims, liability, loss or costs incurred by you as a result of a late delivery of the bin;
- subject to fair wear and tear, all loss, damage or destruction of the skip bin whilst the skip bin is in your care, possession and control; and
- any damages to your concrete driveway, pavement, pathway, grass or surface including any underground watering system, as a result the delivery and collection of the skip bin.
Who owns the bin and the contents?
We are the legal owners of the bin and no interest whatsoever in the bin is created or passed to you at any time despite your possession and control over it during the hire period.
You own the contents of the bin until we collect the bin.
TERMS FOR SUPPLYING JUNK COLLECTION SERVICES
There are certain items of junk we do not collect, such as:
- Noxious materials;
- Needles and syringes;
- Hazardous materials; and
We reserve the right to refuse the collection of junk items which we do not collect and are not listed above.
We may charge an additional fee for the disposal of specific junk items, for which we will notify you upon providing our quote for our services. Our quote will be based on the information provided to us in your Request Quote form and as disclosed to us when we contact you. To avoid unexpected additional fees, it is your responsibility to provide us accurate information, such as the type of waste/junk, the proposed collection date and the Location.
The quote provided to you will remain valid for a period of seven days from the date it was provided to you.
We will attend the Location on the agreed collection date and time. However, we do not guarantee our attendance to collect on the agreed collection date and time.
We are not responsible for any loss or costs incurred by you as result of:
(a) our collection or removal of the junk item from the Location; or
(b) a late attendance at the Location to collect the junk item.
By engaging our junk collection services, you warrant that you own the junk item, and have the authority to dispose it.
You will remain the legal owner of the junk item until we collect the item.
The ownership of the junk item passes to us upon our collection and departure from the Location.
You indemnify us against any claim, liability, loss, costs, damages or expenses suffered or incurred by us directly or indirectly as a result of our collection of the junk item.
Can you cancel or change your order?
The terms in relation to the cancellation and change of order as set out for the supply of bins apply to an order for junk collection services.
How do you pay?
We accept the same payment methods as for bin hire and as such the payment terms set out for the hire of bins apply to an order for junk collection services.
If you wish to pay by credit card, you authorise us to charge your nominated credit card the amount of the fees applicable at the time we confirm your collection order.
If you select to make payment either by cash or cheque, payment in those forms must be paid to us upon attendance at the Location. We will further require a copy of your current Drivers’ Licence prior to the confirmed collection date or our attendance if payment will be made by cheque.
Will there be additional fees?
The additional fees outlined in the terms for hire of bins may be applicable due to your disclosure of incorrect information or non-disclosure of the correct type of waste when we contact you to confirm your collection order.
If additional fees are payable:
(a) you authorise us to charge your nominated credit card the amount of the additional fees applicable, as a separate transaction if payment was initially made by credit card;
(b) otherwise, we will issue you a tax invoice for the additional fees payable within 7 days of the date of the invoice. If payment is not made by the due date, a late payment fee will apply as per the pricing schedule.
LIMITATION OF LIABILITIES AND INDEMNITIES
To the extent permitted by law, we exclude any condition or warranty which would otherwise be implied into these terms and conditions.
We exclude all liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of this Website and/or our provision of services, whether that liability arises in contract, tort (including by our negligence) or under statute.
In the event that any implied warranty or condition that cannot be excluded is breached, our liability is restricted, at our discretion, to:
- the re-supply of our services;
- the supply of equivalent goods or services; or
- the payment to you for the costs of re-supplying our services.
Without limitation, we will not, in any circumstance, be liable for any direct or indirect losses, including loss of profits, loss of revenue and loss of business opportunity relating to your use of this Website and/or our provision of services.
You are fully responsible for and indemnify us against any claim, liability, loss, costs, damages or expenses suffered or incurred by us (including all legal costs on a solicitor/client basis), arising directly or indirectly due to your use, possession and control of the skip bin, our provision of junk collection services to you, and/or your breach or a breach by your employees, sub-contractors, agents and unauthorised third parties of these terms and conditions.
Notwithstanding the above indemnity, you will indemnify us for any claim or liability for trespass to land, public or private nuisance, injury, death, penalties or fines in the event the bin is delivered on a footpath, road, lane, public property or private property not owned by you.
GENERAL TERMS FOR WEBSITE USE
Restriction of Use of Website
You may use this Website only for personal and/or commercial purposes. You are authorised to print a copy of any information contained on this Website for your use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission, on-sell information obtained from this Website.
When using hyperlinks to our website, you must:
- attribute us as the original source of the hyperlink;
- link to our content directly using the title or headline of the content to which you are linking; and
- comply with all copyright, trade mark or other applicable intellectual property laws.
You must not:
- attribute (whether directly or indirectly) linked content as your own or someone else’s content (e.g. use your own logo to link to our content); or
- attribute a link to our website and then link it somewhere else.
Third Party Websites
This Website may contain links to other websites (“Third Party Websites”). These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Third Party Websites.
Unless expressed otherwise in this Website, our links to Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of the Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on the Third Party Websites.
Our Intellectual Property Rights
We own all intellectual property rights (including copyright) in all information, text, material, graphics, logos, icons, sound recordings, software and source codes on this Website (“Subject Matter”).
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, except as expressly authorised by these terms and conditions, you may not in any form or by any means, without our written permission:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the Subject Matter; or
- commercialise any information, products or services obtained from the Subject Matter.
If permission is granted, the copyright owner’s name and interest in the Subject Matter must be acknowledged wherever you reproduce or quote the Subject Matter, in whole or in part.
Security of Information
We have taken all reasonably steps to preserve the security of your information you provide to us. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect all data transmissions over the Internet (including your information), we do not warrant and cannot ensure the security of any information which you transmit to us. As such, any information which you transmit to us is transmitted at your own risk.
We do not guarantee that this Website is free from viruses or that access to this Website will function as intended or be uninterrupted.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to your own computer system. For clarity, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your access or use of this Website.
Termination of Access
We may terminate your access to this Website at any time without notice. In the event of such termination, our limitation of liability and indemnities will survive termination.
Your use of this Website is governed by and construed in accordance with the laws of the Australian Capital Territory, Australia. By using this Website, you irrevocably and unconditionally submit to the jurisdiction of the courts of that Territory.