1. Parties

This Agreement is made between BENTLEY EXPRESS PTY LTD (ABN: 26 647 211 710), trading as Shelby Skips (“we,” “us,” or “our”), and you, the customer (“you” or “your”).

2. Agreement

By hiring our skip bins and utilizing our services, you agree to be bound by the terms and conditions set forth in this Agreement.

3. Definitions

• Agreement: This Terms of Service document.
• Charges: The fees payable by you for the Services, including any additional charges as per this Agreement.
• Equipment: Any equipment we supply or use to perform the Services, including skip bins and vehicles.
• Non-Accepted Waste: Waste materials that are prohibited, such as hazardous substances, gas bottles, asbestos, tires, flammables, batteries, food waste, and any other items specified in this Agreement.
• Services: The delivery, hire, collection, and disposal services provided by us in relation to the skip bins.
• Service Areas: The geographical locations within Brisbane where we provide our Services, as specified in this Agreement.
• Site: The location you specify for the delivery and placement of the skip bin.
• Waste: The acceptable waste materials you place in the skip bin, excluding Non-Accepted Waste.

4. Charges and Payment

4.1 Charges

• All Charges for the Services are inclusive of GST unless stated otherwise.
• Charges are based on the type of waste, bin size, hire duration, and any additional services requested.

4.2 Payment Terms

• Payment is required before or at the time of delivery unless otherwise agreed upon.
• We accept payment via cash, credit card, or EFT.
• If payment is not received as per the agreed terms, we reserve the right to suspend or terminate the Services.

4.3 Price Variations

• We may adjust our Charges due to changes in operating costs, disposal fees, government taxes, or other unforeseen expenses.
• Any price changes will be communicated to you in writing at least 30 days prior to implementation.
• If you do not agree with the adjusted Charges, you may terminate the Agreement in writing before the new Charges take effect.

4.4 Additional Charges

• Mattress Disposal: Disposing of mattresses in the skip bin will incur an additional charge of $50 per mattress.
• Food Waste Disposal: Disposing of any food or organic waste in the skip bin is strictly prohibited. If any food waste is found in the bin, a $200 cleaning and dumping fee will be charged. This fee covers the additional handling, cleaning (including water pressure cleaning), and proper disposal methods required.
• Any other additional services or charges will be communicated and agreed upon prior to provision.

5. Service Areas

5.1 Serviced Postcodes

We provide our Services exclusively within the following postcodes in Brisbane:
4000, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4017, 4018, 4019, 4020, 4021, 4022, 4030, 4031, 4032, 4034, 4035, 4036, 4037, 4051, 4053, 4054, 4055, 4059, 4060, 4061, 4064, 4065, 4066, 4102, 4103, 4104, 4105, 4106, 4107, 4111, 4121, 4122, 4151, 4152, 4153, 4169, 4170, 4171, 4172, 4173, 4174, 4500, 4501, 4502, 4503, 4504, 4505, 4506, 4507, 4508, 4509, 4510, 4511, 4512, 4514, 4516, 4517, 4518, 4520, 4521, 4566.

5.2 Service Limitations

• Online Bookings: Online bookings are only accepted for Sites within the above-listed postcodes.
• Phone Bookings for Unlisted Areas: If your postcode is not listed but you contact us via phone and we explicitly confirm and accept your booking, we will provide Services to your area.
• Exceptions: We reserve the right to make exceptions and provide Services outside the listed postcodes at our discretion.

5.3 Confirmation

• It is your responsibility to ensure that you have received explicit confirmation from us if your Site is outside the listed postcodes.
• Without explicit confirmation, we are not obligated to provide Services to unlisted areas.

6. Performance of Services

6.1 Delivery and Placement

• We will deliver the skip bin to the Site within a reasonable timeframe.
• Placement of the skip bin is at our discretion, considering safety and access.

6.2 Access

• You must ensure unobstructed and safe access to the Site for delivery and collection.
• If access is restricted or unsafe, we may refuse delivery or collection, and additional Charges may apply.

6.3 Hire Period

• The standard hire period is up to 7 days unless otherwise agreed upon.
• Extensions may be granted upon request and will incur additional Charges at $55 per day for Skip Bin Sizes 2m, 3m and 4m, $110 for Skip Bin Sizes 6m, and $165 for Skip Bin Sizes 8m.

6.4 Collection

• We will collect the skip bin on the agreed-upon date.
• If the skip bin is inaccessible or overfilled, collection may be delayed, and additional Charges may apply.

7. Cancellation and Termination

7.1 Cancellation by You

• You may cancel the Services by providing at least 24 hours’ notice prior to the scheduled delivery.
• Cancellations within 24 hours may incur a cancellation fee.

7.2 Termination by Us

• We may terminate the Agreement immediately if you breach any terms, including non-payment or misuse of the skip bin.
• Upon termination, you must allow us to collect our Equipment promptly.

7.3 Refunds

• Refunds are granted at our discretion in accordance with our Refund Policy (see Section 17).

8. Ownership

• All skip bins and Equipment remain our property at all times.
• You must not move, sell, lease, or otherwise part with possession of the Equipment.

9. Delays and Additional Fees

• If our vehicle is delayed at the Site due to your actions or inactions, we may charge a waiting fee of $25.00 plus GST per 15 minutes.
• Additional Charges may apply for Services performed outside of standard operating hours or in exceptional circumstances.

10. Change of Address

• If you wish to change the Site after booking, you must notify us promptly.
• We will accommodate the change if possible, and additional Charges may apply for transportation and logistics.
• The new Site must be within our Service Areas as specified in Section 5.

11. Customer Obligations

You agree to:

• Use of Skip Bin: Only place acceptable Waste in the skip bin and not exceed the rim level.
• Prohibited Materials: Not place any Non-Accepted Waste in the skip bin.
• Care of Equipment: Ensure the skip bin is not damaged, defaced, or misused.
• Safety: Not overload the skip bin or load it in a way that is unsafe for transportation.
• Permissions: Obtain any necessary permits or permissions if the skip bin is to be placed on public property or communal areas.
• Site Conditions: Ensure the ground surface at the Site is suitable for the skip bin and our vehicles.
• Notification: Inform us promptly if the skip bin is damaged or in need of repair.
• Security: Ensure the skip bin is secure and that Waste is not accessible to unauthorized persons.
• Compliance: Comply with all applicable laws and regulations regarding waste disposal.
• Only Waste Generated by You or Authorized Individuals: Ensure that only waste generated by you or individuals authorized by you is placed in the skip bin.  Any third-party waste or unauthorized materials found in the bin may result in additional Charges, penalties, or the refusal of collection.

12. Ground Surface and Site Conditions

• You warrant that the ground surfaces, underground utilities, and access routes at the Site are adequate to support the skip bin and our vehicles.
• We are not liable for any damages to driveways, pathways, underground utilities, or other surfaces caused during the normal course of delivery and collection, except in cases of our gross negligence.
• You agree to indemnify us against any claims for damage to property arising from the placement or removal of the skip bin.

13. Weight and Loading

• The skip bin must not be filled beyond its capacity or weight limit.
• Overloaded or overweight bins may not be collected, or additional Charges may apply.
• You are responsible for any fines or penalties resulting from overloading or unsafe loading.

14. Waste Management

14.1 Acceptable Waste

• Only general waste, green waste, construction debris, and other approved materials may be placed in the skip bin.
• Mattresses: Mattresses may be placed in the skip bin only if you have selected general or mixed/heavy waste disposal but will incur an additional charge of $50 as specified in Section 4.4.

14.2 Prohibited Waste

You must NOT place the following items in the skip bin:

• Food Waste: Perishable food items or organic waste that can decompose and rot.
• Hazardous Materials: Any waste that is combustible, corrosive, toxic, reactive, radioactive, volatile, highly flammable, or explosive.
• Gas: Including gas bottles and cylinders of any kind.
• Asbestos: Any material containing asbestos fibers.
• Tyres: All types of vehicle tyres.
• Flammables: Flammable liquids or solids, including petrol, diesel, kerosene, oil, solvents, and any flammable chemicals.
• Chemicals and Liquids: Paints, oils, chemicals, solvents, or any other liquids.
• Batteries: All types of batteries, including car batteries.
• Food Waste: Perishable food items or organic waste that can decompose.
• Medical Waste: Sharps, needles, or any biohazard materials.

14.3 Contaminated Waste

• If Non-Accepted Waste is found in the skip bin, you may be liable for additional Charges, fines, or legal action.
• We may refuse to collect contaminated skip bins until the Non-Accepted Waste is removed.

14.4 Title and Risk

Ownership of the Waste transfers to us upon collection, excluding any Non-Accepted Waste, which remains your responsibility.

15. Liability and Indemnity

15.1 Your Liability

• You are liable for any loss, damage, or injury caused by your breach of this Agreement or misuse of the Equipment.
• You indemnify us against all claims, damages, liabilities, and expenses arising from your actions or inactions.

15.2 Our Liability

• Our liability is limited to the extent permitted by law.
• We are not liable for any indirect, incidental, or consequential damages arising from the Services.

15.3 Australian Consumer Law

• Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.
• For major failures, you are entitled to cancel the Service contract and receive a refund for the unused portion.

16. Privacy and Data Policy

• We respect your privacy and handle your personal information in accordance with the Privacy Act 1988 (Cth).
• Information collected is used solely for the purpose of providing the Services.
• We do not share your personal information with third parties without your consent, except as required by law.

17. Refund Policy

17.1 Customer Satisfaction

• Your satisfaction is our priority. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law and this Policy.

17.2 Change of Mind

• If you change your mind after booking, you may be eligible for a refund if you notify us at least 24 hours before the scheduled delivery.

17.3 Damaged Equipment

• If Equipment is damaged during delivery due to our fault, we will repair or replace it at no cost to you.

17.4 Exceptions

• Refunds are not provided for Services already performed or if you have breached the Agreement.

17.5 Process

• To request a refund, contact us at help@shelbyskips.au or call +61 477 504 502.
• We aim to process refund requests within 7 business days.

18. General Provisions

18.1 Assignment

• We may assign or subcontract our rights and obligations under this Agreement without your consent.
• You may not assign your rights without our prior written consent.

18.2 Governing Law

• This Agreement is governed by the laws of the State in which the Services are provided.

18.3 Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements.

18.4 Amendments

• We may amend these terms from time to time. Changes will be effective upon posting on our website and will be communicated to current clients via email or other direct means.
• By continuing to use our Services after any changes are communicated, you accept and agree to be bound by the updated terms.

18.5 Severability

• If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.6 No Waiver

• Failure to enforce any part of this Agreement does not constitute a waiver of our rights.

18.7 Notices

• Any notices under this Agreement must be in writing and sent to the contact information provided.

19. Contact Information

For any questions or concerns regarding this Agreement, please contact us:

• Bentley Express Pty Ltd
• Email: help@shelbyskips.au
• Phone: +61 477 504 502

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