Angel Waste Pty Ltd
ABN: 70 649 501 842
78 Copper Cres Beard ACT 2620.
- Definitions of parties involved in transaction
1.1 “Angel waste” shall mean Angel Waste Pty Ltd or any person acting on behalf of and with the authority of Angel Waste Pty Ltd
1.2 “Client” shall mean the client (or any person acting on behalf of and with the authority of the client) as described on any quotation, work authorization or other form as provided by Angel Waste to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the client on a principal debtor basis.
1.4 “Services” shall mean all services supplied by Angel Waste to the client (and where the context so permits shall include any supply of a skip) and includes any advice or recommendations.
1.5 “Skip” shall mean the skip bin supplied on hire by Angel Waste to the client and is as described on the invoices, quotation, or any other work authorization forms as provided by Angel Waste to the client.
1.6 “Price” shall mean the price payable for the services as agreed between Angel Waste and the client.
- Acceptance for supply of services from Angel Waste
2.1 Any instructions received by Angel Waste from the client for the supply of services shall constitute acceptance of the terms and conditions contained in this document.
2.2 Upon acceptance of these terms and conditions by the client, the terms and conditions are binding and can only be altered with the written consent of Angel Waste.
2.3 In instances where there is more than one client, all parties are jointly liable for the price payable for agreed services.
2.3 Services are supplied by Angel Waste only on the terms and conditions of trade in this document. No variations to these terms and conditions may be made by the client.
3. Price And Payment
3.1 At Angel Waste’s sole discretion,. the price shall be as indicated on invoices provided by Angel Waste, or the current price set by Angel Waste as of the date of delivery of the skip.
3.2 Angel Waste reserves the right to change the price in the event of any variation to the agreed service.
3.2 Payment shall be due on the delivery date of the service.
3.3 Payment for approved Account Holders will be due within 30 (thirty) days of the statement date.
3.3 Payment will be made by Credit card, direct debit or direct transfer
3.4 Other taxes, duties or additional charges that me be applicable will be added to the price. Card payment charge of 2% (Two percent) will be charged on all card transactions.
3.5 Angel Waste reserves the right to hold credit card information until after the skip has been collected, emptied, and weighed. Any additional charges will be charged to this credit card, with receipt provided to client.
4. Delivery of Services
4.1 Delivery of the services shall take place when the client takes possession of the services at the nominated address.
4.2 At Angel Waste’s sole discretion the cost of delivery is included in the price.
4. 3 In order to deliver the service the client is required to provide clear and free access to the nominated site.
4.4 The client shall make all necessary arrangements to take delivery of the skip. In the event that the client is unable to take delivery as arranged then Angel Waste may be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the services to a third party nominated by the client is deemed to be delivery to the client for the purposes of this agreement.
4.5 While every attempt will be made for the skip to be delivered to the specific location requested by the client at the nominated address, the final delivery placement will be at the sole discretion of the Angel Waste employee.
4.6 Angel Waste shall not be liable for any loss or damage due to failure to deliver the service promptly or as agreed, due to circumstances beyond the control of Angel Waste.
4.7 The loading and unloading of a skip from Angel Wastes’ truck may damage your concrete driveway, pavement, pathway, grass, tree branches or surface, including any underground systems. Angel Waste does not accept responsibility for any damage caused as a result of the loading or unloading of the skip.
4.8 Angel Waste does not accept responsibility for any damages past curb side on directions given from you the customer for the skip bin placement. Includes but not limited to the bogging of trucks while trying to deliver or pick up your skip bin. Additional charges may apply.
5. Weight allowance and additional bin charges
5.1 Trade account clients who choose invoicing option for bin hire only and weight invoicing at pick up, these skips have an allowance of 0 kilograms included the hire price.
Trade account clients who choose to hire skip with included weight allowance
The following allowances apply:
- 2 cubic meter skip weight allowance 300 kilograms
- 3 cubic meter skip weight allowance 450 kilograms
- 4 cubic meter skip weight allowance 600 kilograms
- 6 cubic meter skip weight allowance 900 kilograms
- 8 cubic meter skip weight allowance 1200 kilograms
5.2 If when the skip is collected, the appropriate weight allowance has been exceeded, the client will be liable for the extra cost of disposing of the waste provided the weight of the bin does not exceed the trucks lifting capacity and bin levels are kept in accordance with item 5.5. Additional charges per 100kg $20.00.
5.3 Green Waste bins must not have organics over 2m in length and 200mm in diameter, green waste bins must be free of contaminants, if contaminated with non-organic material the contents will need to be disposed of as general waste and client will be charged in accordance.
5.4 Mattresses, tyres, contaminated concrete and other items not classified under the category of ‘general waste’ are not to be placed in bins. Charges will apply at the discretion of Angel Waste for additional handling and disposal of these items. If you are uncertain whether your waste is Non-complying, please contact us.
5.5 No dangerous items including explosive, flammable or illegal items are to be placed in the bin. The client will be liable for all loss or damage caused by the storage or carriage of any dangerous item. The client acknowledges that the bin shall not be used to dispose of: Asbestos, car batteries, gas bottles, bullets, fuel cans containing fuel, needles and syringes, household or industrial chemicals, liquids, Oils and wet paint. Items not accepted by local waste facilities will also be returned. If these are found in the bin, the items will be returned to the client at their cost and a fee of $100.00 Handling fee will be charged.
5.6 Regulations require rubbish in bins to be level with the top of the bin. In the event that the bin is overfull, additional charges to level the bin will apply if possible, to do so. If the driver is unable to level the load, additional fees will be charged for extra days and call out fee for pickup.
5.7 If access to the bin is impeded at time of collection or bin weight is above the trucks lifting capacity, the purchaser will pay removal plus 20% handling fee.
6. Hire Period
7.1 Hire charges shall commence from the time the skip is delivered by Angel Waste and will continue until the collection of the skip by Angel Waste. No allowance will be made for time in which the bin is not in use for any reason.
7.2 If the client wishes to extend their hire period they must do so by contacting the Angel Waste office at least 24 hours prior to the scheduled pick up. Extension periods are charged at $10.00 per day or $50.00 per 7 days.
7.3 If the client wishes to extend the hire period without prior notice and with Angel Waste employee on site for pick up, a travel charge will apply in addition to the extension charges.
7.4 The client acknowledges that Angel Waste may, at their discretion, increase charges at any time, without providing notice to the client.
8. Risk and responsibility
8.1 Angel Waste remains the rightful owner of the skip. All risk for the skip passes to the client on delivery.
8.2 The client accepts full responsibility for the safekeeping of the skip and indemnifies Angel Waste for the loss, theft or damage to the skip however rising and whether or not arising from any negligence, failure or omission from the client.
8.3 The client accepts full responsibility for and shall keep Angel Waste indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect to any injury to persons or damage to property arising out of the use of the skip during the hire period however arising and whether or not arising from any negligence, failure or omission of the client or any other persons.
8.4 The client will insure, or self-insure, Angel Waste’s interest in the bin against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and the client will not use the skip nor permit it to be used in such a manner as would permit an insurer to decline any claim.
9. Client Responsibilities
9.1 The Client will;
(a) at the time of booking, disclose the details if the items that will be placed in the skip
(b) satisfy themselves that the bin is suitable for their purposes ad will only use the bin for its intended purpose at the time of booking.
(c) notify Angel Waste within 24 hours by telephone of any accident or incident arising from the service
(d) be held responsible for any damage to the bin during the hire period, including the cost of repair and/or cleaning
(e) not move the bin from where it was originally placed on delivery. If done so the customer will be charged a fee at the discretion of Angel Waste.
(f) not deface, alter or erase any identifying marks on the bin.
(g) not light fires, burn or allow the burning of waste in the bin.
(h) not use the bin for any other purpose other than to deposit waste.
(i) not permit the skip of any part thereof to be used by any other party for any other purpose.
9.2 On request by Angel Skips, the client will immediately pay;
(a) the new list price of any skip that has been destroyed, written off or not returned to Angel Waste
(b) all costs incurred in cleaning or repairing the skip – including damage by vandalism.
10.1 In the event that the services are cancelled by the client, the client shall be liable for any loss incurred by Angel Waste.
10.2 Angel Waste may cancel any contract to which these terms and conditions apply or cancel delivery of services at any time before the services are delivered by giving written and/or verbal notice to the client. On giving notice, any sums paid in respect to price by the client will be refunded by Angel Waste. Angel Waste will not be liable for any loss or damage arising from such cancellation.
11.1 No Warranty is provided by Angel Waste in respect of the condition of the skip or its fitness for any particular purpose. The client shall indemnify and hold harmless Angel Waste in respect of all claims arising out of use of the skip.
12. Default and Consequences of default
12.1 In the event that the client’s payment is dishonoured for any reason the client shall be liable for any dishonour fees incurred by Angel Waste.
12.2 in the event of client default for any invoices due, the client will indemnify Angel Waste from and against all costs incurred by Angel Waste in pursuing debt, including legal and collection costs.
12.3 at Angel Wastes discretion, interest on overdue invoices at a rate of Ten percent (10%) may be charged, compounded monthly.
12.4 Neither party will be liable for any default due to any natural disaster, war, terrorism, strike or industrial action, or any other event beyond the reasonable control of either party.
12.5 Angel Waste will not be liable to the client for any indirect loss or expense (including loss of profit) suffered by the client arising out of a breach by Angel Waste of these terms and conditions.
12.6 If at any time the client is in breach of any obligation (including those relating to payment), Angel Waste may suspend or terminate the supply of services to the client and any if its obligations under the terms and conditions.
13.1 Angel Waste reserves the right to review these terms and conditions at any time. Any changes to terms and conditions will take effect from the date on which Angel Waste notifies the client of the change.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Australian Capital Territory (ACT) and New South Wales (NSW) and or subject to the jurisdiction of the courts of ACT and NSW respectively.
13.3 In the event of any breach of contract by Angel Waste, the remedies of the client shall be limited to damages which shall not exceed the price of the services.
13.4 Angel Waste may license or sub-contract all or any part of its rights and obligations without the client’s consent.
14.1 The client agrees for Angel Waste to obtain credit history from a credit information provider.
14.2 The client agrees that Angel Waste may exchange information about the client with those credit providers either named as a trade referee by the client or names in a consumer credit report, issued by a credit reporting agency for the following purposes;
(a) to assess an application lodged by the customer
(b) to notify other credit providers of a default by the customer
(c) to exchange information with other credit providers as to the status of this credit account, where the client is in default with other credit providers.
(d) to assess the credit worthiness of the client.
14.3 The clients consent to Angel Waste being given a consumer credit report to collect overdue payment on commercial credit (Section 18k (I) (H) Privacy act 1988)
14.4 The client agrees that personal credit information provided may be used and retained by Angel Waste for the following purposes and for other purposes, as agreed between the client and Angel Waste, or required by law;
(a) Provision of services
(b) Marketing of services by Angel Waste, its agents or distributors in relation to the services
(c) verifying, analysing or checking the customers status in relation to provision of services.
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the customer
(e) enabling the daily operation of customer accounts and or the collection of amounts outstanding in the clients account in relation to the services
14.5 Angel Waste may give information about the client to a credit reporting agency for the following purposes;
(a) to obtain a client’s credit report about the customer
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the customer.
14.6 Angel Waste will take all reasonable steps to prevent unauthorised access to or disclosure of your credit related information and/or loss or misuse of the client’s credit information.
14.7 Clients may make a written request to access credit and personal information that Angel Waste holds. Angel Waste will only deny access to information if there is legal or administrative reasons to deny access. In circumstances where access is denied, the client will be informed in writing of the denial and the reasons access was denied.