NT WASTE AWAY PTY LTD  |  ABN 74 665 665 485

All quotes, bookings, applications and orders for bins, rubbish removal, waste transport, disposal and related services are subject to these Terms and Conditions and to any refund, cancellation, pricing or service policy published by Waste Away from time to time.

This document is intended to be used as a comprehensive business terms document tailored to Waste Away's skip bin and waste removal operations in the Northern Territory, including green waste, general waste and construction waste services, contaminated waste reclassification, add-on charges for tyres and mattresses, and standard seven day bin hire.

By ordering or using the goods or services supplied by Waste Away, you accept these Terms and Conditions. You must not submit an order for supply of goods or services if you do not accept them. These Terms and Conditions apply together with any quote, booking confirmation, tax invoice, pricing schedule, refund and cancellation policy, website terms, or written variation issued by Waste Away.

 

The Agreement between you and Waste Away is formed when Waste Away accepts your booking, takes payment, confirms an order, dispatches a bin, or otherwise begins providing goods or services to you.

You must provide all details reasonably requested by Waste Away when placing an order, including your full name and or company name, ABN or ACN where applicable, site address, site contact, site hours, delivery instructions, waste type, bin size, billing details and credit card payment details.

• Unless Waste Away has approved credit terms in writing, full payment is required at the time of booking. Waste Away may store and use your payment details in accordance with its Privacy Policy and payment processing arrangements for future bookings and additional charges properly payable under this Agreement.
• If requested, you must complete any payment authority or customer account form provided by Waste Away and supply all information reasonably required.

Waste Away cannot guarantee exact delivery or collection dates and times and is not liable for any cost, loss, delay, business interruption, liquidated damages or inconvenience arising from any delay in the provision of goods or services to your site.

 

• After delivery the goods must remain at the site address and must not be moved, towed, dragged, lifted or relocated by you or anyone else unless Waste Away has given prior written consent.

You are responsible for ensuring safe, sufficient and unobstructed access to the site, and, where applicable, to the goods for delivery, exchange and collection. This includes ensuring suitable access height, turning area, ground surface, clearance, and surrounding conditions for the truck, lifting equipment and bin.

• You warrant that the site can safely bear the weight of the goods and any vehicle or equipment used by Waste Away in providing the services, both loaded and unloaded. You acknowledge that damage may occur to driveways, pavers, asphalt, turf, irrigation, edging, underground services or other surfaces due to placement or collection of the goods.
• You should take all reasonable precautions to protect the surface before delivery, including laying timber or mats, selecting a stable area, reinforcing weak sections and being present to guide placement if required.
• If you allege site damage or another incident, you must notify Waste Away in writing within 48 hours and provide clear evidence including photographs, site address, incident date, and any surveillance footage available. Waste Away may investigate the incident before responding.
• You are solely responsible for obtaining any permit, approval or consent required from a council, body corporate, strata manager, landowner, landlord or any relevant authority for placement of the bin and performance of the services at the site.

You agree to take all reasonable steps to ensure the goods are properly cared for, maintained and protected while they are in your possession or control, including protection from theft, fire, vandalism and misuse.

• You must ensure the goods are used only for their intended purpose and in accordance with these Terms and Conditions and any directions given by Waste Away or any relevant authority.

You must strictly comply with any maximum weight limits or material limits specified by Waste Away on its website, in its price list, in your quote, or as otherwise advised from time to time.

• Bins must not be filled above the rim and waste must not protrude, be mechanically compacted, or be loaded in a manner that makes transport unsafe or unlawful.
• Waste Away may refuse to collect any bin that, in its view, exceeds the maximum weight or height limit, is overloaded, is unsafe, contains prohibited material, or otherwise breaches applicable law, policy or these Terms and Conditions.
• Where a bin exceeds the maximum weight limit, Waste Away may charge additional collection, disposal, transport and administration charges based on the excess weight and the applicable disposal category.
• Where a bin exceeds the maximum height limit or is otherwise unsafe for transport, Waste Away may refuse collection and charge a futile transit fee, re-attendance fee, manual unload fee, or any other cost reasonably incurred.

In addition to the quoted fees, Waste Away may charge additional costs and expenses under this Agreement. Additional charges may include those set out in these Terms and Conditions, on the website, in the pricing schedule, or otherwise notified by Waste Away.

• Waiting Time Fee: when Waste Away arrives at the site you have a maximum of 20 minutes to provide safe and sufficient site access and conditions. If Waste Away is required to wait longer, a waiting time fee may be charged for every hour or part thereof.
• Extended Hire for Skip Bins: any skip bin held for more than seven days will incur an additional hire charge of $10.00 per day per bin unless otherwise agreed in writing.
• Card Processing Surcharges: a card surcharge may apply to payments made by credit or debit card.

If Waste Away determines that a relocation, futile transit or failed attendance has occurred, including where you fail to cancel in time, fail to advise of a material booking change, fail to provide access, or present a bin that is overloaded, unsafe or contains prohibited material, Waste Away may charge a futile transit or re-attendance fee.

• Any cancellation or change request must be made during business hours and only takes effect once acknowledged by Waste Away.
• Price changes may apply if the waste type, bin size, service date, delivery suburb or site conditions change.

The following materials are prohibited in Waste Away bins unless Waste Away has expressly agreed otherwise in writing and all special conditions are met:

• Asbestos or any material suspected to contain asbestos, hazardous or toxic chemicals, solvents, fuels, oils or liquids, gas bottles, explosives, medical or biological waste, hot ash, slurry, contaminated soils, refrigeration panels, certain e-waste including solar panels where not approved, and any other material not accepted by law or the receiving disposal facility.
• Construction and demolition materials, including cement sheeting and fibro products, are permitted only where they are non-hazardous and do not contain asbestos.
• Asbestos products are only permitted in designated asbestos services with prior written approval. Asbestos is not permitted in a standard Waste Away bin. If asbestos or suspected asbestos is found, the entire load may be treated as contaminated and all resulting transport, specialist handling, disposal and compliance costs will be payable by you.
• Mattresses and tyres are permitted only where declared and booked as approved add-on items. Separate charges apply. These items must not be concealed within the load.

You must pay all fees, charges and amounts payable under this Agreement without deduction, set-off or counterclaim unless required by law.

Waste Away may issue invoices for goods and services supplied, including any additional charges incurred under these Terms and Conditions. You must pay each invoice by the due date specified on the invoice or, if no due date is specified, within seven days of the invoice date for non-account customers or within the agreed credit period for Account Approved Customers.

Waste Away reserves the right to adjust pricing where the waste classification, bin usage, site conditions or service requirements differ from those originally booked or quoted.

Prices may vary from time to time based on disposal facility charges, fuel costs, regulatory changes, operational costs and market conditions.

GST is payable in addition to all fees where applicable.

If you fail to pay any amount owing under this Agreement by the due date, you will be in default.

In the event of default, Waste Away may, without prejudice to any other rights or remedies:

• Charge interest on overdue amounts at a rate determined by Waste Away from time to time
• Charge you for all costs and expenses incurred in recovering the debt, including legal costs on a solicitor-client basis, collection agency fees and administrative costs
• Suspend or terminate the provision of goods and services
• Require immediate payment of all outstanding amounts
• Recover possession of any goods supplied

You indemnify Waste Away for all costs and losses arising from your default.

You acknowledge that this Agreement constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).

Waste Away retains title to all goods until all amounts owing have been paid in full.

To the maximum extent permitted by law, all goods and services are provided on an "as is" basis without any warranty, representation or guarantee except those expressly required by law.

Where legislation implies any condition or warranty that cannot be excluded, Waste Away's liability is limited, at its option, to replacing or re-supplying the goods or services.

You indemnify and hold harmless Waste Away, its directors, employees and contractors against all claims, losses, damages, liabilities, costs and expenses arising from:

• Your breach of these Terms and Conditions
• Misuse of the goods
• Overloading or unsafe loading
• Contamination of waste
• Prohibited materials
• Site access issues or unsafe conditions

You must notify Waste Away in writing within seven days of any change in your ownership, control, business structure or financial position that may affect your ability to comply with this Agreement.

Waste Away may reassess or withdraw credit facilities following such change.

Nothing in these Terms and Conditions limits or excludes the operation of the Construction Contracts (Security of Payments) Act 2004 (NT) where applicable.

If you enter into this Agreement as trustee of a trust:

• You warrant that you have full authority to do so
• You agree to be personally liable for all obligations
• You indemnify Waste Away out of the assets of the trust

If you breach these Terms and Conditions, Waste Away may:

• Suspend or terminate services
• Refuse to supply further goods
• Recover any goods supplied
• Take legal action to recover losses

 

This Agreement is governed by the laws of the Northern Territory, Australia.

You submit to the non-exclusive jurisdiction of the courts of the Northern Territory.

Waste Away may amend these Terms and Conditions at any time.

Updated Terms will apply to all future bookings and services from the date of publication.

These Terms and Conditions constitute the entire agreement between you and Waste Away and supersede all prior agreements, negotiations or representations.

Waste Away may assign or transfer its rights and obligations under this Agreement without your consent.

• You must not assign or transfer your rights without prior written consent.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

Any provision which by its nature is intended to survive termination, including indemnity, payment obligations and liability clauses, will continue in force.

In these Terms and Conditions:

• Headings are for convenience only and do not affect interpretation
• Words importing the singular include the plural and vice versa
• References to legislation include amendments and replacements

Agreement means these Terms and Conditions together with any quote, invoice, booking confirmation or related document issued by Waste Away.

Customer means any person, company, contractor or entity that orders or uses the goods or services.

Goods means any skip bin, equipment or item supplied by Waste Away.

Services means all services provided by Waste Away including delivery, collection, waste transport and disposal.

Fees means all amounts payable under this Agreement including base price and additional charges.

Prohibited Material means any material listed in Clause 9 or otherwise not accepted by law or disposal facilities.

Site means the location where the goods are delivered or services performed.