Terms and Conditions of Trade
SKIP 2 DUMP LIMITED (6623653)
1.1 All goods and services supplied by Skip 2 Dump Limited (“SDL”) to the customer will be upon these terms of trade unless otherwise agreed in writing. These terms of trade supersede any previous standard terms and conditions agreed between the parties and governing the provision of services and/or goods by SDL to the customer.
2. PRICES AND PAYMENT
2.1 The price of the services are in $NZD and is the price quoted at the time of placing your purchase order, unless otherwise agreed in writing by SDL. The price is inclusive of GST. Prices quoted are based on the delivery address which you advise at the time of the order, and SDL reserves the right to vary prices if the delivery address changes. The quoted price is subject to the weight not exceeding the stated threshold.
2.2 Each skip/bin has a weight allowance that is included in the price the customer pays. The customer will be made aware of this allowance during the order process. Any excess weight over the allowance will be charged additionally. The customer agrees to pay any excess weight charges incurred. Payment will be required upon delivery for the first agreed amount and then on collection any excess weight will be required for payment before the skip is removed. The customer will need to be onsite to arrange payment for any excess weight, if they are not, SDL reserve the right to remove any excess rubbish from the skip to total the first agreed amount of paid weight. Excess weight will be charged at .27c per kilo.
2.3 Payment for all goods and services must be made by the customer to SDL before delivery or on delivery if prior agreement is obtained from SDL. If paid after delivery the invoice is to be paid within 7 days.
2.4 If you hold an account with SDL, payment of any invoice must be paid to SDL by the 20th of the month following the month in which the invoice was dated unless otherwise agreed.
2.5 All overdue invoices will incur penalty interest at the rate of 3% per month or part thereof. The customer will also be liable for all expenses and costs (including legal costs on a solicitor-client basis and disbursements) and/or debt collection agency fees, in relation to SDL enforcing any rights contained in these terms of trade
2.6 SDL reserves its right to collect the bin, without notice, if you are in breach of these terms and conditions.
2.7 Additional Charges: You are responsible to pay SDL for any additional fees incurred for incorrect waste placed in the skip, excess weight, tyres and rims deposited in the skip and rental charges if the skip is on site longer than 10 days without being emptied. Tyres and rims are charged additionally at $25inc gst per tyre and $35inc gst per rim and tyre. If the customer changes previously agreed removal or exchange date without advising SDL, the customer will be responsible for payment of any call out fee incurred for the unnecessary trip.
3. USE OF SKIPS
3.1 While skips are in your possession, you will not:
3.1.1 light fires in the skip; or
3.1.2 place or allow to be placed into the skip any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete; or
3.1.3 place general waste in a Hard Fill skip or GIB only skip, if this occurs you will be charged at General Waste rates; or
3.1.4 place flax or flax-type leaves, toi toi, cabbage tree, wet compost, soil, tree stumps, hard fill, or general rubbish in a Green Waste skip; or
3.1.5 fill any skip higher than the top of its sides and in such a manner as to prevent spillage of material from the skip either while stationary or in transit; or
3.1.6 move any skip without SDL’s consent. If the skip is not accessible if you/contractor have moved without SDL's consent and SDL cannot access the skip, there will be an additional charge.
3.2 Risk: You will be liable to SDL for any damage to skips which occurs while in your possession, subject to fair wear and tear.
3.3 Access and Ground Conditions: You will be responsible for the provision of free and suitable access to and from the delivery site and for ensuring suitable ground conditions for the delivery, placement and removal of the bin. No responsibility will be accepted for the damage to any surface and you should therefore take steps to protect surfaces (e.g. paving slabs, soft ground) before delivery. If access is blocked on arrival, the return visit will incur an additional travel charge of $90.00 inc gst.
3.4 Order Cancellation and Variation: You will be entitled to cancel or vary an order provided that SDL receives notice of variation or cancellation no less than 2 working days before the delivery date under the order. Any other variation to your order will be granted at SDL sole discretion and subject to payment of reasonable costs. SDL reserves the right to vary any order if we are unable to provide the service requested, provided that if the service provided is of a lesser value than that requested an adjustment shall be made to the price.
3.5 If you require your skip to be moved SDL can do so with the charge of $90.00inc gst.
3.6 Domestic hire terms are for 7 days including day of delivery, any additional days will be charged at $10.00 per day.
3.7 Commercial/Account client bin hire terms must be turned over within a 4 week period. If a skip is on a site longer than 4 weeks without being replaced within this time, SDL reserve the right to remove the skip or with prior arrangement additional days will be charged.
4.1 Disclaimer and Limitation of Liability: SDL will use all reasonable endeavours to perform any supply of services on a timely basis. SDL expressly excludes to the fullest extent permitted by law, all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. Nevertheless, if for any reason SDL is liable to you in contract, tort or otherwise, SDL liability for any claim, damages, loss or expense is limited to the cost paid by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, SDL will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
4.2 Force Majeure: SDL will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from any circumstance beyond SDL control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies.
4.3 Privacy: You authorise SDL to collect, retain and use personal information about you for the purposes of: (a) assessing your creditworthiness; (b) processing payment for any services which you purchase from any party using the website; (c) provision of information to suppliers to enable performance under an approved purchase order and (d) any other use that you authorise. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the Privacy Act 1993, you may request access to or correction of your personal information held by SDL subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
4.4 Changes to Terms and Conditions: SDL may alter these terms at any time without notice. Updated terms and conditions will be found on the website.
4.5 Waiver: If at any time SDL does not enforce any of these terms or grant you time or other indulgence, SDL will not be construed as having waived that term or its rights to later enforce that or any other term.
4.6 Severability: If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
4.7 Governing Law: These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.