TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY BETWEEN TOWAWAY TRASH PTY LTD (“TOWAWAY TRASH”) AND ANY CUSTOMER WHO HIRES A TRAILER (“HIRER”).
It is important that Hirers use our Trailer Bin carefully.
Upon placement of an order with Towaway Trash for the hire of a Trailer Bin, the Hirer agrees to the following terms and conditions as part of the Hire Agreement. Please read the terms and conditions carefully. If you have any questions, please contact Towaway Trash on 02 9772 1816.
TO THE CUSTOMER
The terms and conditions are part of this legally binding agreement, including Hirer’s release of Towaway Trash from all liability for injury and damage.
1. The following are considered hazardous waste and are not acceptable for disposal in the Towaway Trash Trailer Bin.
Grease trap waste
Used Oil Filters
Containers Filled with Oil
Asbestos: *Asbestos is a very dangerous substance. Incorrect disposal of asbestos may lead to criminal prosecution. The Hirer is liable for all costs associated with any asbestos found in the trailer skip. The cost of disposal of asbestos is the liability of the hirer and may amount to thousands of dollars. If the Hirer deposits any of this material in the Trailer, the Hirer indemnifies Towaway Trash from all costs, expenses, fines and liabilities arising.
2. Towaway Trash Trailer Bins are made for General Waste. They are not made for Heavy Waste such as CONCRETE, DIRT, BRICKS, ROCKS, RUBBLE, SAND, SOIL, TILES or anything similar. Heavy waste must make up no more than 2 Wheelbarrow Loads per skip bin.
3. The maximum weight of the 4.5 m³ trailer contents must not exceed 750 kg. Trailers may be weighed upon return to the Towaway Trash site. Overloading will incur additional charges at a rate of $25 per 100kg, or part thereof.
4. Payment of Towaway Trash Trailer Bin Hire and waste disposal is due prior to or on delivery. Trailer Bin will not be supplied if payment, for whatever reason is not received.
5. Towaway Trash will deliver the Trailer Bin to the chosen address. Once the Hirer has filled the bin the Hirer may contact 02 9772 1816. Towaway Trash employee will pick-up and dispose of the rubbish at a waste centre.
6. Trailer Bins are not to be moved from the delivery position and access must be maintained to allow safe collection of Trailer Bins. Failure to comply will incur an additional $ 110.00 call out Fee. The Hirer is also responsible for any costs to get the Trailer Bin to a position that we can recover the bin with our vehicle.
7. Trailer Bins shall not be moved by the Hirer. Any damage caused by movement of the Trailer Bins will be charged directly to the Hirer.
8. Fines: The Hirer is liable for any fines imposed on the Trailer Bin whilst in possession of the Hirer.
9. The Hirer must provide as identity a valid Driving Licence and credit card (or one other form of ID). The Hirer agrees to these documents being photocopied and retained by Towaway Trash.
10. The Hirer shall ensure that the Trailer Bins will not be used:
(a) for further sub-hire,
(b) any illegal purposes,
(c) outside the Metropolitan areas of Sydney;
(d) or otherwise without prior consent will not lend, sell or otherwise part with the trailer from their control.
11. The Trailer Bin is the property of Towaway Trash and the Hirer at no time has right, title or interest in the hired trailer except that it is hired to the Hirer.
12. The replacement value of the Trailer hired is $ 9,000. The Hirer agrees to this value upon agreeing to hire the Trailer.
13. All risks as stipulated in the terms and conditions of hire pass to the Hirer upon agreeing to hire the Trailer. The Hirer indemnifies Towaway Trash and shall keep it and its officers and employees indemnified in respect of:
(a) Any loss or damage (including legal costs on a solicitor and own client basis) suffered by Towaway Trash arising from any act, omission, or breach of this agreement or any law or regulation by the Hirer, its officers, or employees or any person permitted by the Hirer to use the Trailer,
(b) Any claims by any person for injury to person or property, including consequential loss, arising from the use of the Trailer.
14. The owner (Towaway Trash) shall not be liable for any injuries caused to the Hirer, their agents or any third parties arising out of the use of the trailer during the hire period.
15. The owner (Towaway Trash) shall not be liable for any consequential losses arising out of the use of the trailer or inability to use the Trailer.
16. The Hirer is liable if the trailer is stolen, damaged or involved in an accident during the period of hire. Any items stored in the trailer are entirely the Hirer’s responsibility, as are any accidents arising from the use of the trailer or any injury sustained to the Hirer or any other third party.
17. The Hirer agrees to pay Towaway Trash in full the value of the trailer should it be stolen / lost / destroyed / confiscated / impounded. This amount shall become payable at the end of the hire period. Towaway Trash reserves the right to charge the full daily hire rate to the Hirer until such monies are paid in full.
18. The Hirer agrees to pay Towaway Trash the full costs of any repairs or replacement parts of the trailer should the trailer be damaged or have parts stolen from it during the period of hire. These repairs/parts shall be undertaken / supplied by an authorised Towaway Trash
agent and charged accordingly.
19. The Hirer shall inform Towaway Trash if the equipment is in need of any repairs or adjustment, and shall not authorise any person to carry out any repairs or adjustments without prior consent from Towaway Trash. The Trailer is used at the Hirer’s own risk, and the
manufacturer’s stated tolerances must not be exceeded.
20. The Hirer must inspect the Trailer and agrees the trailer has been received in good working condition, ordinary wear and tear accepted.
21. The Hirer also agrees that in the event of the trailer not being returned to Towaway Trash at the end of the hire period that copies of the documentation supplied to Towaway Trash for identification purposes can be passed to the Police to assist in their investigations.
Any trailer not returned at the end of the hire period will be reported to the police as stolen and the hirer will be deemed to be unlawfully in possession of the trailer from the expiry time of the signed hire agreement.
22. The Hirer also agrees to pay solicitor’s fees and court costs involved on behalf of Towaway Trash in their having to take any legal action to recover either the trailer, the value of the trailer or repair costs through the Hirer not complying with the terms and conditions of hire.
23. Any amounts overdue for payment shall incur interest at the rate of 18% per annum.
24. Towaway Trash shall be entitled to serve notices on the address specified on the front of this agreement.
25. The waste in the Trailer remains the property of the Hirer at all times and Towaway Trash is only transporting it at the request and direction of the Hirer.
26. The Hirer agrees that Towaway Trash may make a registration against the Hirer on the Personal Property Securities Register and the Hirer waives its right to receive a financing statement in respect of such registration.