Terms & Conditions

1. Definitions:

• “Authorised Waste” means any waste not including any free-flowing liquid, viscous materials, asbestos, materials containing asbestos, contaminated waste, putrescible waste, chemicals, wet paint, tyres, gas bottles containing any gas, medical waste or any prohibited substances defined by the Dangerous Goods Act 1985.
• “Bin” means any bin supplied by E. R. Bins for storage and removal of Authorised Waste and includes a padlock, chain, warning lights or other necessary fittings and attachments as required.
• “Customer” means the person, including a corporation, ordering the delivery of a Bin and entering this agreement with E. R. Bins. 
• “E. R. Bins” means Rossi Recycling Pty Ltd ACN 056 188 562 trading as Eastern Recycling of 22 Palmerston Road West, Ringwood 3134.
• “Maximum Allowable Weight” means the weight specified on the Tax Invoice.
• “Tax Invoice” means this document which incorporates the Terms and Conditions of Bin Hire and at times is referred to as a Delivery Docket.
• “Terms and Conditions” includes the provisions contained in these Terms and Conditions and the Tax Invoice.

2. Customer’s Acknowledgments:

The Customer acknowledges that:

1. the receipt of this Tax Invoice and the delivery of the Bin to the Customer by E. R. Bins constitutes the parties’ entry into a legally binding agreement. Should the Customer not be present at the time of delivery of the Bin, it is deemed that the Customer has received the Tax Invoice upon E. R. Bins leaving it with the Bin or posting it to the Customer. 
2. the delivery and collection of the Bin involves heavy equipment which may damage nature strips, curbing and the like, which is the responsibility of the Customer to reinstate.
3. E. R. Bins does not hold any permits for the transportation of any waste beyond the Authorised Waste and if any prohibited waste is latently placed in Bins by the Customer resulting in fines or penalties, the Customer shall be liable for reimbursement to E. R. Bins.
4.  time shall be of the essence in the execution of this agreement.

3. Delivery of the Bin:

1. E. R. Bins shall use its best endeavours to ensure delivery of the Bin to the Customer as agreed and will not be liable for any delays beyond its reasonable control.
2. It is the Customer’s strict obligation to nominate a safe and suitable site for the delivery of the Bin and to ensure that E. R. Bins have unrestricted access for delivery and collection of the Bin. The site must be level and capable of safely withstanding the weight of a fully laden Bin and the truck delivering and collecting the Bin. 
3. If any permits, permission and the like are required by any Authorities for the delivery and leaving the Bin on site, it is the Customer’s obligation to meet any associated costs on delivery of the Bin.

4. Possession and Care of the Bin:

It is the Customer’s obligation to provide reasonable care of the Bin while it is in his possession. The Customer shall be liable for all damage save for fair wear and tear or damage caused by the willful or reckless actions of E. R. Bins’ servants or agents. Should the Bin be stolen or removed without authority of E. R. Bins, the Customer shall reimburse E. R. Bins for the cost of a replacement Bin.

5. Use of the Bin:

1. The Customer may fill the Bin with Authorised Waste only. 
2. Authorised Waste may be loaded to a level not exceeding the wall height of the Bin or the maximum allowable weight. 
3. The Customer must comply with all instructions affixed to the Bin.

6. Authority to Dispose of Waste:

1. The Customer warrants that he is solely entitled to the waste and that no other person has a claim or interest.
2. Upon collection of the Bin, the property in the waste passes to E. R. Bins for disposal at its discretion. 

7. Additional Fees:

1. The Customer shall pay any additional fees and costs arising from delays, additional work or breaches of this agreement which have not resulted from any default of E. R. Bins, its agents or servants; and
2. All additional fees must be paid within 14 days of the Customer receiving a tax invoice.

8. Variation of the Agreement:

This agreement embodies all provisions agreed by the parties and may only be varied or modified by:

1. the parties in writing; or
2. by statute as may be required to comply with any Acts, Rules or Regulations.