Terms and Conditions

1. Acceptance of Conditions and Quotations

(a) All quotations, dockets, or credit applications issued, as well as any accepted order for the Services, provided by NORTH EAST QUIK SKIP, are governed by these Terms and any other terms mutually agreed upon in written form by the involved parties.

(b) Any terms and conditions proposed, published, conveyed by the Customer to NORTH EAST QUIK SKIP, or referenced in any document or material supplied by the Customer to NORTH EAST QUIK SKIP (including terms and conditions visible on any website or within any online ordering procedure, irrespective of acknowledgment by NORTH EAST QUIK SKIP):

(i) do not constitute a component of (and are explicitly omitted from) these Terms;
(ii) do not hold sway over or bind NORTH EAST QUIK SKIP; and
(iii) are, in the context of the relationship between NORTH EAST QUIK SKIP and the Customer, null and unenforceable, irrespective of whether and whenever such terms and conditions were put forth, made public, transmitted (or alluded to in any document or material submitted) by the Customer.

(c) In instances where an incongruity arises between these Terms and:

(i) any quotations, dockets, or credit applications provided, or any order for Services accepted, by NORTH EAST QUIK SKIP; or
(ii) any documentation or terms and conditions furnished by the Customer that supposedly pertain to the Services,
these Terms shall take precedence.

(d) A quotation issued by NORTH EAST QUIK SKIP is not a legally binding offer for sale. NORTH EAST QUIK SKIP retains the right to withdraw, retract, or modify a written quotation at any time before NORTH EAST QUIK SKIP acknowledges an order corresponding to that quotation.

(e) NORTH EAST QUIK SKIP holds the prerogative to approve or decline, in entirety or partially, any order placed by the Customer for the Services.

 

2. Charge and Payment

(a) The Charges associated with the Services will be established as per the agreement reached between NORTH EAST QUIK SKIP and the Customer during NORTH EAST QUIK SKIP’s acknowledgment of the Customer’s order, adhering to these Terms.
(b) The Charges for the Services outlined in any quotation provided by NORTH EAST QUIK SKIP:
(i) will maintain their validity for 30 days unless indicated otherwise; and
(ii) are contingent upon any other terms outlined in the quotation.
(c) The Customer is obliged to make payment of the Charges for the Services to NORTH EAST QUIK SKIP, inclusive of any supplementary or alternative fees invoiced to the Customer according to the Terms. This includes charges for excess weight or exceeding waiting time. The payment must be completed by the due date specified on the relevant invoice. NORTH EAST QUIK SKIP retains the authority to charge the Customer’s designated credit card or directly withdraw from the Customer’s specified bank account for any additional or other charges outlined in the invoice.
(d) The Charges pertaining to the Services are based on a regular, pre-scheduled run. In the event that the Customer necessitates a pickup at a time that deviates from NORTH EAST QUIK SKIP’s scheduled run according to the Terms, additional charges might be imposed on the Customer. However, NORTH EAST QUIK SKIP will give the Customer prior notice about such additional Charges.
(e) The Charges associated with the Services incorporate all taxes and levies except for the Goods and Services Tax (GST). These Charges and any other amounts payable per the Terms are presented exclusive of GST. In instances where NORTH EAST QUIK SKIP makes a taxable supply to the Customer, and the consideration for that supply does not explicitly cover GST, the Customer is required to additionally remit an amount equal to the GST owed by NORTH EAST QUIK SKIP. This GST amount should be paid by the Customer when the liability for providing consideration arises.
(f) NORTH EAST QUIK SKIP retains the discretion to adjust its Charges during the term outlined in the Terms (for reasons including, but not limited to, escalated operational costs, alterations in disposal fees, modifications in disposal facility locations, augmented government charges, taxes, and/or levies, introduction of new taxes, government charges, and/or levies, alterations in the Customer’s address, or any Change in Law). This adjustment can be carried out by NORTH EAST QUIK SKIP, providing the Customer with a written notification of the increase in Charges (Charge Notice) at least 30 days before the effective date of the increase.
(g)  In the event that Charges are subject to an increase according to clause 2(f), the revised Charges (as specified in the Charge Notice) will be considered accepted by the Customer. These new Charges will come into effect thirty (30) days following the date NORTH EAST QUIK SKIP delivers the Charge Notice to the Customer, unless the Customer decides to terminate the Terms. The Customer can execute this termination by issuing a written notice (Charge Termination Notice) to NORTH EAST QUIK SKIP prior to the heightened Charges taking effect.
(h) In the event that a Charge Termination Notice is delivered to NORTH EAST QUIK SKIP in accordance with clause 2(g), the intended increase in Charges outlined in the Charge Notice will not come into effect concerning the Terms. Additionally, the Terms will terminate on the earlier of:
(i) 30 days after the date when the Charge Termination Notice was delivered to NORTH EAST QUIK SKIP; or
(ii) any other date established by NORTH EAST QUIK SKIP (exercising reasonable judgment).

3 Performance of Services by NORTH EAST QUIK SKIP

(a) In accordance with the Terms, NORTH EAST QUIK SKIP will deliver the Services as outlined in the quotation provided by NORTH EAST QUIK SKIP or any order approved by NORTH EAST QUIK SKIP.
(b) The Customer acknowledges the following:
(i) NORTH EAST QUIK SKIP will make reasonable efforts to conduct the Services at the frequency agreed upon as per the Terms. However, NORTH EAST QUIK SKIP shall not be held liable if such performance is impeded, obstructed, or prevented due to factors beyond its reasonable control.
(ii) The Customer or its designated representative might be requested to sign a delivery docket confirming the receipt of Bins and/or the collection of Waste.
(iii) NORTH EAST QUIK SKIP reserves the discretion to abstain from performing the Services on weekends, public holidays, or for the subsequent reasons: lack of safe Site access; absence of Services coverage in the vicinity of the Customer’s Site; insufficient on-site space for Service execution; apparent overweight state of the Bin(s); apparent damage or breakage of the Bin(s); uneven filling of the Bin(s); non-payment of Charges by the Customer; Customer’s breach of the Terms; operational or safety considerations impacting Service provision; or if NORTH EAST QUIK SKIP’s ability to provide Services is hampered by factors beyond its reasonable control (including, but not limited to, natural disasters or industrial actions).
(iv) NORTH EAST QUIK SKIP retains the authority to inspect, sample, test, and analyze any Waste that the Customer intends to dispose of or has already disposed of. NORTH EAST QUIK SKIP is not under any obligation to accept, transport, and/or dispose of Waste that:
(A) is not classified as Waste and/or qualifies as Excluded Waste; or
(B) is not delivered or disposed of in accordance with the Terms.
(v) In cases where NORTH EAST QUIK SKIP declines or refuses to handle specific Waste:
(A) If NORTH EAST QUIK SKIP has not yet collected the Waste, NORTH EAST QUIK SKIP will levy a charge reflecting the reasonable transport and labor time costs for attending the Site and inspecting the Waste.
(B) If NORTH EAST QUIK SKIP has already collected the Waste, NORTH EAST QUIK SKIP may either return the Waste to the Customer’s Site, another premises owned or operated by the Customer, or to an alternate operator capable of receiving the Waste. The Customer shall bear the expenses associated with the return or disposal of the Waste by NORTH EAST QUIK SKIP. Furthermore, NORTH EAST QUIK SKIP shall make diligent efforts to communicate with the Customer regarding any rejected or declined Waste, as well as Excluded Waste placed in the Bin(s). If the Customer does not promptly contact NORTH EAST QUIK SKIP within a reasonable timeframe as specified by NORTH EAST QUIK SKIP, NORTH EAST QUIK SKIP reserves the right to apply charges to the Customer in line with clause 2(c).
(vi) In the event that the Customer requires the collection of Excluded Waste, it is imperative for the Customer to get in touch with NORTH EAST QUIK SKIP and make a special collection request.

4. Customer Obligations

(a) The Customer commits to:
(i) Adhere to all pertinent laws.
(ii) Adhere (and ensure that its personnel and contractors do likewise) to all instructions and directives given by NORTH EAST QUIK SKIP and its employees concerning the Waste. This includes directives regarding the loading, transportation, and delivery of the Waste, as well as proper handling of the Equipment.
(iii) Exercise the utmost care over the Equipment and solely utilize it for its intended purpose in a safe and accurate manner.
(iv) Implement all necessary and appropriate precautions to safeguard the Equipment against theft, damage, and other potential risks. Additionally, the Customer must return the Equipment in a state of good working condition.
(v) Refrain from misusing the Bins or any possessions, property, or services belonging to or employed by NORTH EAST QUIK SKIP. This entails not compacting Waste within the Bins and ensuring the Bins remain in a hygienic state. The Customer must also prevent misuse of these by other individuals.
(vi) Make the Bins and/or Waste accessible to NORTH EAST QUIK SKIP at the agreed-upon time and location.
(vii) Speedily provide NORTH EAST QUIK SKIP with all requested information and documents pertinent to the Waste. This encompasses details like Waste origin, Waste weight, Site specifics, confirmation of compliance with applicable laws, and a waste classification report (if mandated), in the format prescribed by NORTH EAST QUIK SKIP.
(b) The Customer acknowledges the following:
(i) The Bins always remain the property of NORTH EAST QUIK SKIP, and the Customer undertakes not to sell, lend, lease, transfer, modify, or engage in any other transaction concerning the Bins. The Customer also agrees not to establish or permit the establishment of any security interest over the Bins without obtaining prior written consent from NORTH EAST QUIK SKIP.
(ii) NORTH EAST QUIK SKIP retains the discretionary right to substitute the Bins with Bins of an equivalent size at any time.
(c) The Customer asserts and assures that:
(i) The surfaces of the ground traversed by NORTH EAST QUIK SKIP’s vehicles on and within the Site are suitable for facilitating the delivery and retrieval of Bin(s).
(ii) There exists unobstructed, ample, and secure access for NORTH EAST QUIK SKIP to perform the Services.
(iii) It bears exclusive responsibility for acquiring authorization from the pertinent individual, entity, or authority (such as Council, Body Corporate/Strata Manager) if the Bin(s) is to be situated within a communal or public location or any other area necessitating third-party permission. In the absence of sufficient proof of permission, NORTH EAST QUIK SKIP reserves the prerogative to decline the delivery of Bins to that specific site or location.

5. Liability and Indemnity

(a) In accordance with the extent permissible by law:
 (i) The Customer is obligated to indemnify NORTH EAST QUIK SKIP against:
(A) All liabilities, claims, damages, actions, costs, and expenses that NORTH EAST QUIK SKIP might incur due to, or arising from, the Customer’s breach of any stipulated terms, warranties, covenants, or conditions contained within the Terms.
(B) Any loss, damage, theft, or destruction of NORTH EAST QUIK SKIP’s property, Equipment, or Bin(s) resulting from an action or omission of the Customer or its personnel. However, the Customer’s indemnification obligation to NORTH EAST QUIK SKIP is proportionally reduced to the extent that an action or omission by NORTH EAST QUIK SKIP caused or contributed to the claim, loss, damage, liability, cost, or expense.
 (ii) NORTH EAST QUIK SKIP will not bear liability towards the Customer (whether arising from contract, statute, tort – including negligence – or any other means) for any consequential loss (including loss of opportunity, profit, anticipated profit, revenue, anticipated revenue, investment return, business interruption, business opportunities, damage to goodwill, reputation, share price, or inability to achieve anticipated savings – whether the loss is direct or indirect), or loss caused by (or to the extent contributed to by) the Customer or affiliated individuals such as employees, contractors, or the Customer’s clients.
(iii) Any implied warranty, guarantee, condition, representation, undertaking, or other right that would conventionally be implied or legally mandated within the scope of the Terms by legislation, common law, equity, trade practices, custom, or usage is deliberately excluded to the highest degree permitted by law.
(iv) Nevertheless, despite the other clauses of this section, NORTH EAST QUIK SKIP refrains from excluding, limiting, or altering any warranty, guarantee, condition, representation, undertaking, or other right established by any statute (including the Competition and Consumer Act 2010 (Cth)) wherein such exclusion, limitation, or alteration would contravene the statute or render any part of the Terms null and void (Non-excludable Condition).
(v) The utmost combined liability of NORTH EAST QUIK SKIP for all established losses, damages, and claims emerging from the Terms, inclusive of liability stemming from breach, negligence, tort, or any other action rooted in common law or statute, is restricted to the aggregate sum of amounts disbursed by the Customer to NORTH EAST QUIK SKIP pursuant to the Terms.
(vi) In the event that NORTH EAST QUIK SKIP is liable to the Customer for a breach of any Non-excludable Condition, NORTH EAST QUIK SKIP retains the option to either:
(A) Re-supply the Services to the Customer; or
(B) Compensate the Customer for the expenses related to the Services being provided anew to the Customer.

6. Cancellation, Refund and Termination

(a) NORTH EAST QUIK SKIP holds the authority to promptly terminate the Terms through notice issued to the Customer under the following circumstances:
(i) The Customer breaches the Terms, and such breach either cannot be rectified or remains unresolved within a period of fourteen (14) days after NORTH EAST QUIK SKIP has sent written notification of the breach to the Customer.
(ii) The Customer defaults on necessary payments, or there is a delay in fulfilling payment obligations as stipulated by the Terms, even after NORTH EAST QUIK SKIP has requested the settlement of overdue amounts within a fourteen (14) day period.
(iii) An Insolvency Event occurs concerning the Customer.
(b) If the Terms are terminated pursuant to clause 6(a), NORTH EAST QUIK SKIP reserves the right to retrieve its Equipment from the Customer’s Site at any given time.
(c) The Customer possesses the prerogative to terminate the Terms as follows:
(i) The Customer may promptly send written notice to NORTH EAST QUIK SKIP, resulting in immediate termination of the Terms, if NORTH EAST QUIK SKIP is found to be in violation of a fundamental provision of the Terms. This termination will apply if the breach either cannot be rectified or remains unresolved within a period of fourteen (14) days after the Customer provides written notification of the breach to NORTH EAST QUIK SKIP.
(ii) If allowed by clauses 2(g) or 9(g) of the Terms.
(iii) Instantly upon the occurrence of an Insolvency Event relating to NORTH EAST QUIK SKIP.
(d) If:
(i) In the event that the Customer endeavors to terminate the Terms in a manner other than what is outlined in clause 6(c) of the Terms or otherwise demonstrates a clear intent to disavow the Terms.
(ii) If NORTH EAST QUIK SKIP terminates the Terms based on any of the circumstances delineated within clause 6 of the Terms.
In either of the aforementioned scenarios, NORTH EAST QUIK SKIP shall have the right to impose early termination fees, along with any outstanding amounts. These fees will be computed as follows (to the extent applicable):
(A) The expenses associated with the retrieval of the Bins, particularly if conducted on short notice (such as transportation, fuel, driver remuneration).
(B) The expenses linked to cleaning, servicing, and routine maintenance of the Bin(s) to ensure safe utilization by another customer.
(C) Additional administrative expenses incurred due to the premature closure of the account.
(D) An amount equating to the Average Monthly Amount.
(e) Both parties acknowledge that the early termination fees stipulated in clause 6(d) are a sincere estimation of NORTH EAST QUIK SKIP’s prospective damages, and as such, they do not qualify as a penalty under legal standards.
(f) Upon the termination of these Terms by either party:
(i) All outstanding Charges that remain unpaid by the Customer to NORTH EAST QUIK SKIP will promptly become due and payable upon termination.
(ii) Such termination will not adversely impact any rights or obligations that may have already accrued to either party prior to the termination date.
(g) Clauses 1 (Acceptance of Conditions and Quotations), 5 (Liability and Indemnity), 6 (Cancellation and Termination), 7 (Confidentiality and Privacy), 8 (Dispute Resolution), 9 (Miscellaneous), and 10 (Definitions) will persist even after the termination or expiration of these Terms.

7. Confidentiality and Privacy

(a) Both parties are obligated to:
(i) Maintain strict confidentiality of the other party’s Confidential Information and solely utilize it for the purposes outlined within this agreement.
(ii) Disclose the Confidential Information of the other party only to its authorized Personnel, including those of its Related Bodies Corporate, who require access for the purpose of fulfilling responsibilities linked to an Order and are bound by confidentiality commitments concerning that information. These confidentiality obligations do not extend to information that necessitates disclosure by law or regulations stipulated by a publicly recognized stock exchange.

8. Dispute Resolution

(a) Should a party contend that a dispute has arisen, said party may provide written notification to the other party identifying and detailing the nature of the dispute (Dispute Notice).

(b) Upon receiving a Dispute Notice, both parties are obligated to participate in good faith discussions aimed at resolving the issues raised within the Dispute Notice.

(c) Irrespective of any other provision within the Terms, either party retains the right to apply to a competent court at any time to seek legal or equitable redress or relief.

9. Miscellaneous

(a) (Assignment) NORTH EAST QUIK SKIP retains the right to assign or transfer its rights and responsibilities under the Terms to a Related Body Corporate or affiliated entity of NORTH EAST QUIK SKIP without requiring the Customer’s consent. The Customer, however, cannot assign or transfer its rights and obligations under the Terms without obtaining prior written consent from NORTH EAST QUIK SKIP, with such consent not to be unreasonably withheld.

(b) (Laws) The Terms are governed by the laws of the State where the Services are provided, and the parties agree to submit to the jurisdiction of the courts situated in that State.

(c) (Entire Agreement) The Terms, in conjunction with any documents referenced in the Terms or executed in relation to the Terms, constitute the comprehensive understanding and conditions between the parties concerning the subject matter of the Terms. These Terms supersede, conclude, and replace all previous representations, negotiations, conditions, arrangements, understandings, and other communications involving any or all of the parties.

(d) (Invalidity) If any provision of the Terms is found to be void, illegal, or unenforceable, it will be severed to the extent permitted by applicable law without affecting the validity or enforceability of any other provision of the Terms.

(e) (Public Announcements) The Customer is prohibited from making any press releases, announcements, or public statements in relation to the Terms, the Services, or any matters covered by the Terms without obtaining the prior written consent of NORTH EAST QUIK SKIP. Such consent may be withheld at the sole discretion of NORTH EAST QUIK SKIP.

(f) (Capacity) In the event that the person signing the Terms is acting on behalf of a corporate entity or other legal entity, that individual represents and warrants that they have the legal authority and authorization to execute and enter into the Terms on behalf of the Customer.

(g) (Variation) The Customer acknowledges that NORTH EAST QUIK SKIP retains the right to modify the Terms at its discretion. Any amendments to the Terms will take effect thirty (30) days following the provision of written notice to the Customer (Amendment Notice), unless the Customer chooses to terminate the Terms within thirty (30) days of receiving the Amendment Notice. The Customer is obliged to adhere to the amended Terms. Changes to the Charges are not included in this amendment provision and are governed by clause 2.

(h) (Waiver) The failure of either party to enforce any obligation under the Terms does not constitute a waiver of that party’s rights to later enforce that obligation or any other provision of the Terms.

10. Definitions

(a) In the context of the Terms, unless otherwise stated, the following terms have the corresponding meanings:
(i) Average Monthly Amount refers to the Total Amount divided by:
(A) 12 (in cases where paragraph (A) of the definition of “Total Amount” is applicable); or
(B) The number of months spanning from the commencement date of the Services to the termination date of the Terms under clause 6 (in cases where paragraph (B) of the definition of “Total Amount” is applicable);
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(ii) NORTH EAST QUIK SKIP refers to any of the following entities: SRI RANDAL KRUPA ENTERPRISE PTY LTD (ABN 20 162 984 027).
(iii) Bin or Bin(s) denotes the waste bins supplied by NORTH EAST QUIK SKIP to the Customer;
(iv) Confidential Information pertains to information that is inherently confidential, including data about a party’s pricing, processes, product design, customers, and strategy;
(v) Charges encompass the fees, charges, and additional fees payable to NORTH EAST QUIK SKIP in accordance with the Terms;
(vi) Corporations Act refers to the Corporations Act 2001 (Cth);
(vii) Customer signifies the party named on the quotation, delivery docket, or credit application issued by NORTH EAST QUIK SKIP or, in the absence of a named party, the recipient of the Services;
(viii) Equipment encompasses any equipment supplied or employed by NORTH EAST QUIK SKIP for rendering the services, which includes Bin(s) and vehicles;
(ix) Excluded Waste signifies waste that is combustible, corrosive, contaminated, toxic, reactive, radioactive, volatile, highly flammable, explosive, hazardous, or any other waste not approved by NORTH EAST QUIK SKIP for disposal in the Bin(s);