Terms and Conditions of Tidy Bin Hire

Important things to be aware of when using your Tidy Bin

Please read these Terms and Conditions carefully. If you have any questions, contact Tidy Up on 08 6397 7532 or 0412 770 936 or hello@tidyup.com.au.

 

To the Customer:

The terms and conditions are part of this legally binding agreement, including the Hirer’s disclaimer from all liability for injury and damage.

1. The term “Tidy Bin” refers to the 2.5m3 container rented by the Owner to the Hirer and all equipment, accessories or component parts installed in or attached to the container. It does not include loads or goods carried by the Tidy Bin or personal property placed in the Tidy Bin by the Hirer or any other person.
2. The term “Owner” means the registered owner of the Tidy Bin identified in this agreement and includes its employees but not persons who act as agents managing the hire process. The term “Hirer” means the party contracting with the Owner to rent the Tidy Bin identified in this agreement.
3. The term “hire charge” means the amount detailed on the front of this agreement including but not limited to the hire fee, damage waiver fee, deposit fee, and excess weight fee or any additional fees resulting from additional day hires of the Tidy Bin, payable by the Hirer to the Owner.
4. This agreement is made between the Owner and the Hirer named herein and the Tidy Bin must not be used by any other person who is not a party to this agreement.
5. The following materials are considered hazardous waste and are not acceptable for disposal in the Tidy Bin; Radioactive Waste, Batteries, Paint, Tyres, Mattresses, Medical Waste, Loose or Unwrapped Food, Gas Bottles, Fuels, Oils, Asbestos *, Acids, Liquids, Fire Ants **.

*Asbestos: Asbestos is a very dangerous substance. Incorrect disposal of asbestos may lead to criminal prosecution.

** Fire Ants or soil where Fire Ants may have been must not be placed into the Tidy Bin. The Hirer is liable for any Asbestos or Fire Ants (soil) found in the Tidy Bin. The cost of disposal of Asbestos or Fire Ant (soil) is the liability of the Hirer.

6. Tidy Bins are made for light material. A Tidy Bin may take up to 1 (one) wheelbarrow load of Heavy Waste. The following are some examples of heavy materials. Sand, Soil, Dirt, Rocks, Bricks, Concrete, Tiles. Lids MUST be able to close.
7. All Tidy Bins are 2.5m³ in dimension, but can contain no more than 1000kg of waste. If it does, additional charges will apply. The Tidy Bin may be weighed upon return to the Tidy Up depot. Overloading will incur additional charges. If the Hirer is unsure about weights or overloading, they should contact a Tidy Up representative.
8. The Tidy Bin is the property of Tidy Up and the Hirer at no time has right, title or interest in the hired Tidy Bin except that it is hired to the Hirer.
9. If a Hirer seeks to have the Tidy Bin collected prior to the expiry of the agreed hire period, Tidy Up reserves the right not to make any refund of monies to the Hirer.
10. The Hirer agrees to pay Tidy Up the full costs of any repairs or replacement parts of the Tidy Bin should the Tidy Bin be damaged or have parts stolen from it during the period of hire. These repairs/parts shall be undertaken / supplied by an authorised Tidy Up agent and charged accordingly.
11. The Hirer must inspect the Tidy Bin and agree that the Tidy Bin is in good working condition. The Hirer agrees that the rental equipment has been received in good working condition, and will be returned in the same condition, ordinary wear and tear accepted.
12. The Hirer also agrees to pay solicitor’s fees and court costs involved on behalf of Tidy Up in the event of having to take any legal action to recover either the Tidy Bin, the value of the Tidy Bin or repair costs through the Hirer not complying with the Terms and Conditions of hire.
13. Load Must Be Secured: The Hirer agrees that the lid of the Tidy Bin will be closed and secured at the end of use. Overfilling the Tidy Bin can lead to fines by the State Road Authority, Police, the EPA, and other regulatory authorities. Any such fines are the responsibility of the Hirer.
14. The Hirer acknowledges that the Tidy Bin is clean and in good repair at the time of hire and undertakes to return it in a similar condition. The Hirer agrees to pay for the Tidy Bin to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner, the Hirer has left the Tidy Bin in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the Tidy Bin. Pre-existing damage or wear and tear is to be noted in this agreement by the Hirer as being present at the commencement of hire to protect the Hirer from liability.
15. The Hirer is strictly liable for the loss of, and all damage to, the Tidy Bin, loads or goods carried by the Tidy Bin, any personal property left in the Tidy Bin, and the property of any person caused by using the Tidy Bin. This loss includes not only the material loss of the Tidy Bin but also the loss of earnings ordinarily derived by the Tidy Bin as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss. In the case the Tidy Bin is stolen whilst in the possession of the ‘Hirer’, then it is at Tidy Up’s discretion whether to charge the customer for the replacement value of the Tidy Bin ($2,400 + GST).
16. The Hirer has rights conferred by consumer protection legislation, including guarantees that the Tidy Bin is of merchantable quality, matches any description or sample against which it is hired, and any services are provided to the Hirer by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the Tidy Bin or the hire of the Tidy Bin.
17. To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the Hirer for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liabilities resulting from:
18. Any accident, breakdown or other failure of the Tidy Bin.
19. Loss of or damage to the Hirer of any other person’s property, including personal property left in any Tidy Bin.
20. Loss of or damage to any load or goods carried by the Tidy Bin.
21. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Hirer for any indirect, special or consequential damage arising in any way out of any matter covered by this agreement.
22. If the ‘Hirer’ wishes to hold onto the Tidy Bin for an extended period (subject to availability), an additional charge will be paid to the owner, as agreed upon prior to commencement of hire on a per day basis.
23. In the event of the Tidy Bin being damaged, the Hirer shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of hire shall be determined upon such return of the Tidy Bin to the Owner.
24. GST is payable on the hire fees and is automatically included in all fees charged. The Hirer’s copy of this agreement is a tax invoice and should be presented to the agent by the Hirer on completion of the hire for inclusion of all additional costs as required.
25. The Hirer authorises the Owner to charge the Hirer’s credit or debit card with the hire charge as well as any additional charges, including, but not limited to those fees or charges resulting from extended hire, overloading, loading of forbidden goods, fines from the Environmental Protection Agency for overloading the Tidy Bin or failing to secure the load or legal expenses and recovery of any loss or damage, related to this agreement or the hire of the Tidy Bin.
26. The Hirer agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, any debt collector costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/client basis).
27. During the continuance of the hire the Hirer will not:
28. Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Tidy Bin or any interest of the Owner herein or create or allow to be created any security interest over the Tidy Bin.
29. Part with possession of the Tidy Bin except to parties named in this agreement.
30. Allow any lien to be created in respect of the Tidy Bin for repairs or otherwise.
31. The Owner may, notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this agreement and repossess the equipment without prior notice or written demand in any of the following events:
32. If the Hirer shall fail to pay any hiring charges when due.
33. If the Hirer shall do or permit any act or thing whereby the Owner’s rights in the Tidy Bin may be prejudiced.
34. If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a Hirer being a limited company should an order be made or a resolution be passed for the winding up of such company.
35. If, in the reasonable opinion of the Owner, the Tidy Bin is at risk of damage, loss or confiscation.
36. Without prejudice to the rights of the Owner to recover from a Hirer any monies due and damages for breach of the agreement the Owner may enter or upon any premises where the Tidy Bin may be located for the purposes of repossessing the Tidy Bin. The Hirer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
37. Either the Hirer or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.
38. The Hirer acknowledges that:
39. The agreement between that Owner and Hirer comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
40. They have legal capacity to enter into this agreement.
41. The singular includes the plural, the masculine gender includes the feminine in the interpretation of these terms.
42. The Owner will collect and use personal information that the Hirer provides when hiring the Tidy Bin or collected during the use of the Tidy Bin. The Owner will take reasonable steps to protect the Hirer’s personal information from misuse, unauthorised access or wrongful disclosure but may disclose the Hirer’s personal information to related and non-related third parties, and store information about the Hirer in their database or IT systems. The Owner may use Tidy Bins tracking technology associated with the hire of the Tidy Bin and the Hirer acknowledges and consents to this.
43. The law of this agreement is the law of the State of Western Australia.
44. The Owner collects the Hirer’s personal information here to allow them to supply the Hirer with goods or services. Tidy Up will not use or disclose the Hirer’s personal information for any other purpose. The Owner’s Privacy Policy can be found at the Tidy Up Privacy Policy. The Hirer can email Tidy Up at hello@tidyup.com.au.