Important- please read carefully
1. ACCEPTANCE OF TERMS AND CONDITIONS
By purchasing a Mighty Bin, either through an authorised stockist (“Stockist”), through the website www.mightybin.com.au (“Website”), by telephone or any other means and/or by placing an order for any waste removal and disposal services (“Services”) provided by the Company, you, the purchaser (“You”), are acknowledging your understanding and acceptance of the Terms and Conditions (“Terms”) set out below. These Terms govern the relationship between You, Mighty Bin Pty Ltd and any affiliate and subcontractor thereof (collectively referred to herein as “the Company”) and any Stockist from whom You may have purchased a Mighty Bin. You cannot use the Services unless you accept and comply with these Terms and You must be over 18 years of age to order the Services. If, after purchasing the Mighty Bin, You are unable to comply with the Terms or if the Company does not provide the Services in your area then You may return the Mighty Bin to the Company within five (5) business days from the day You purchased or received the Mighty Bin. To exercise your right of return the Mighty Bin packaging must be returned unopened together with the original receipt or other satisfactory evidence of purchase and You must call the Company on 1300 087 895 prior to the expiry of the five business days to arrange the return of the Mighty Bin and to obtain a refund.
2. PRICE AND PAYMENT
The price you pay for the Mighty Bin is for the Mighty Bin only and does not include the cost of any Services provided by the Company. Separate pickup and disposal fees are payable by You when You order such Services. You must provide full payment before a pickup service will be scheduled. Payment can be made via the Website or by phoning 1300 087 895, using your credit card or by direct deposit through Paypal. Credit card and direct deposit transactions may require up to 48 (forty-eight) hours to show up in the Company’s bank account and proof of deposit such as faxed or emailed remittance advice may be required should the pickup service be scheduled prior to the deposit appearing in the Company’s bank account. The price of the Services includes Goods and Services Tax (GST) unless otherwise expressly stated.
3. PURCHASE OF MIGHTY BIN
When You purchase a Mighty Bin, regardless of where or how You buy it, once You purchase and pay for the Mighty Bin You are acknowledging your understanding and acceptance of these Terms and will be bound by them. If You purchase by telephone or through the internet then delivery of the Mighty Bin will be made to your nominated address. You must make all arrangements necessary to take delivery of the Mighty Bin/s whenever it/they are delivered. The Company will not be liable for any loss or damage whatsoever due to failure by the Company to deliver the Mighty Bin/s (or any part of them) promptly or at all. Postage/courier costs are additional to the purchase price of the Mighty Bin and apply to all telephone and internet orders.
4. USE OF MIGHTY BIN
Mighty Bin has been designed and manufactured as a single use bin for the removal and disposal of certain types of non-hazardous, non-toxic household, garden, building, construction and industrial waste (“Waste”) and is sold by the Company and/or by the Stockists to You on that basis. You are responsible for properly positioning, using, and loading the Mighty Bin with Waste in accordance with the instructions on the Mighty Bin packaging, on the Mighty Bin itself and as set forth on the Company’s Website from time to time. You are also responsible for all Waste placed in the Mighty Bin, including hazardous and toxic waste. You may only fill the Mighty Bin with those items permitted by these Terms, any instructions provided by the Company and as allowed by the Environmental Protection (Controlled Waste) Regulations 2004 (the “Regulations”). If You do not comply with these requirements then the Company reserves the right to reject the Mighty Bin and to refuse to pick it up. Except as expressly set out in these Terms, the Company has no obligation, express or implied, to provide additional services or products to You, including but not limited to loading, collecting or disposing of the Mighty Bin.
5. WASTE REMOVAL/ DISPOSAL SERVICES - WEIGHT LIMITS
The Company reserves the right to use subcontractor’s to provide the Services. The Company is not licensed to, and does not provide a service to, remove Controlled Waste as defined by the Regulations (“Controlled Waste”). Therefore, You must not place any such hazardous or Controlled Waste, including but not limited to tyres, asbestos or liquids, in the Mighty Bin. You will indemnify the Company for any costs, expenses or losses incurred should You not comply with this requirement.
The Mighty Bin pickup fee includes the following weight allowances for each different size Mighty Bin: 200kgs for 1 m³; 350kgs for 2 m³ and 500kgs for 3m³. You can place additional waste in Your Mighty Bin up to a maximum weight of 1.5 tonnes (limited for safety and legal reasons) but you will be charged at the current tip rates for every 100kgs you are over the allowable weight for Your size Mighty Bin.
As a guide, to stay within these limits and to avoid extra fees, You should not fill the 2m³ Mighty Bin more than half full and the 3m³ more than a third full with heavy waste like sand, bricks and concrete. Light rubbish can be placed on top of the heavy fill, eg garden clippings, household waste.
If you exceed these weight limits and overfill your Mighty Bin so that it weighs more than the safety limit of 1.5 tonnes then the Company may, in its absolute discretion, refuse to pick the Mighty Bin up and the Company shall have no responsibility to You for not removing the Mighty Bin. If the driver is dispatched to pick up the Mighty Bin and it is not removed because it is overweight You will still be charged for the pickup.
You must not overfill the Mighty Bin so that the lifting loops cannot be accessed thereby preventing the Mighty Bin from being lifted on to the Company’s vehicle. If You overfill or overload the Mighty Bin it may require sorting and/or unloading to ensure that it complies with these Terms and any transport requirements. Such sorting and/or unloading will be at the sole discretion of the Company’s driver and You will be responsible for any additional charges which may be incurred as a result. Mighty Bin has been designed to be picked up and disposed of by the Company’s hiab vehicles. If You use any other company, organisation or person to pick up or dispose of your Mighty Bin then the Company will have no responsibility for your Mighty Bin or its contents and You will indemnify the Company for any damages or losses resulting from such pickup and disposal in accordance with Clause 10.
6. ACCESS FOR REMOVAL
You are responsible for providing free and suitable access for the Company’s employees, contractors or agents and their vehicles to and from Your premises for the pickup of the Mighty Bin and for ensuring suitable ground conditions for its removal. No responsibility is accepted for damage to the surface of any area at the premises which the Company’s contractors, employees or agents are required to pass over to gain access to the Mighty Bin or to any pipes, cables or other fixtures beneath such access ways. If the Company’s employees, contractors or agents are unable to obtain access to the Mighty Bin on the day of pickup, or if the Mighty Bin is otherwise not available at the premises on that day, then, unless the Company expressly agrees otherwise, no refund will be made to You and any later collection and disposal of the Mighty Bin will require a new collection service to be ordered and paid for by You.
You must ensure that the filled Mighty Bin is easily accessible for removal. An additional charge may be incurred when clear and/or safe access is not available to the Company’s driver when removing the Mighty Bin and the Company’s driver is required to wait while the access problem is rectified. You indemnify the Company for any damage to property caused during the removal of the Mighty Bin when You have not made clear access available for such removal. You also indemnify the Company from any damage caused to the tyres of any Company vehicle should You or your representative instruct the Company’s driver to drive over objects to remove the Mighty Bin that may reasonably be considered to have contributed to such damage.
7. PRICE AND AVAILABLILITY OF SERVICES
The price payable by You for the Services is that stated on the Website or as advised to You on the telephone at the time of acceptance of your order, unless otherwise expressly agreed in writing by the Company. Prices quoted for the Services are based upon the information which You provide on the telephone and the Company reserves the right to vary prices if that information is incorrect. The pickup services are available in the Perth Metro area and generally, within 15 kilometres of any authorised Mighty Bin stockist.
8. CANCELLATION OF SERVICES
You are entitled to cancel or vary an order for the Services provided that you notify the Company of the variation or cancellation no less than two (2) working days before the pick-up date under the order. Any other variation to your order will be granted at the Company’s sole discretion and subject to payment of reasonable costs. The Company reserves the right to cancel or vary any order if it is no longer able to provide the Services set out in an order and in such event the Company will refund You any money paid in advance for the cancelled order.
You will indemnify, defend (at the Company’s option), and hold harmless, the Company and its subsidiaries, affiliates, and directors, shareholders, agents, carriers, shippers, couriers, and employees thereof (each of them “Indemnitees”), from and against any fine, penalty, loss, cost, damages, injury, claim, expense, including reasonable attorneys’ fees, or liability (individually and collectively “Liabilities”), including, but not limited to, Liabilities associated with or arising out of any Waste or other material in the Mighty Bin, improper packaging of the Mighty Bin, improper use or loading of the Mighty Bin, environmental matters, shipment or unauthorized materials, failure to follow the Company’s instructions included on the Mighty Bin packaging, on the Mighty Bin itself and as set forth on the Website from time to time, or a breach of any warranty, representation or covenant by You, even if any negligence of the Company is alleged to have caused or contributed to the Liabilities. This Clause 9 will survive any termination of the relationship between the parties.
10. DISCLAIMER AND LIMITATION OF LIABILITY
The Company shall not be liable to You under any cause or causes of action, whether in tort, contract or otherwise (including but not limited to claims and liability under or for breach of contract, negligence, professional errors or omissions, strict liability, indemnity, and breach of express or implied warranty for: (i) loss of actual or anticipated revenue or profits, business interruption, loss of use of property, loss of business opportunity, increased operating costs or increased financing costs; (ii) any type or amount of indirect, special or consequential damages, howsoever claimed, calculated or characterized; and (iii) any punitive or exemplary damages. The Company will use all reasonable endeavours to perform the Services on a timely basis but the Company will not be liable for any failure or delay in providing any Services due to circumstances beyond its control. In no event will the Company be responsible for your inability to procure disposal of the Mighty Bin.
The Company expressly excludes to the fullest extent permitted by law all warranties, representations or conditions, express or implied, in relation to the Mighty Bin or the Services. If for any reason the Company is adjudged to be liable to You in contract, tort or otherwise, then the Company’s liability for any claim, damages, loss or expense is limited to the cost paid by You for the Mighty Bin or the Services (as applicable) except where statute expressly required otherwise.
Title to the Waste you place in the Mighty Bin vests in the Company when the Company picks up and removes the Mighty Bin from your premises except that title to, and liability for, any hazardous or Controlled Waste you place in the Mighty Bin will always remain with You, even when the Company removes such Controlled Waste from your premises.
If the Mighty Bin delivered to You does not match the specifications confirmed on the order or if the Services supplied to You fail to meet reasonable industry standards, and You are dissatisfied then You must contact the Company within 24 (twenty four) hours of receipt of the Mighty Bin or the Services. The Company will then endeavour to resolve Your claim, dispute or question (“Dispute”) within 7 days. If You are dissatisfied with the resolution proposed by the Company then You may request that a senior Company representative meet with You within 7 days to attempt to resolve the Dispute through negotiation. If the You and the Company’s representative fail to resolve the Dispute within a further period of 7 days, then either party may request that the Dispute be referred to mediation for resolution. The mediation will be held in Perth, Western Australia and will be conducted in accordance with the mediation rules of the Institute of Arbitrators and Mediators Australia. Should the mediation be unsuccessful then either party may instigate legal proceedings to resolve the Dispute.
The Company is committed to protecting any personal information You may provide to the Company when doing business with the Company. As a condition of the Company providing You with the Mighty Bin(s) and the Services You hereby authorise the Company to collect, retain, record, use and disclose consumer and/or commercial information about your credit worthiness, credit standing, credit history or credit capacity, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Company, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings. You also authorise the Company to make enquiries with respect to Your consumer and commercial credit worthiness and to exchange information with other credit providers in respect to previous consumer and/or commercial defaults by You.
14. YOUR RIGHTS AS A CONSUMER
The Competition and Consumer Act 2010 (‘the Act”) places certain obligations and responsibilities on the Company as a supplier of goods and services and provides comprehensive statutory protection for You as a consumer under the Act. Nothing in these Terms affects your rights as a consumer under the Act.
15. CHANGES TO TERMS
The Company may alter these Terms at any time by revising the Terms on the Website. By purchasing a Mighty Bin or ordering the Services or continuing to use any such Services after such alteration is made, You agree to be bound by the amended Terms. No representation or statement made to You by any Company employee, contractor, agent, representative or suppliers in relation to the Mighty Bin and the Services will be binding on the Company.
16. ENTIRE AGREEMENT
These Terms (including any Company instructions) constitute the entire agreement between You and the Company with respect to the purchase and use of the Mighty Bin and the purchase or order of any Services superseding all prior communications, agreements or correspondence between You and the Company. No provision of the Terms will be deemed waived, amended, or modified by the Company (or such amendment or modification is made by the Company in accordance with the Terms). If any provision of the Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of the Terms.
17. GOVERNING LAW AND JURISCITION
These Terms are governed by the law in force in the State of Western Australia in which the Company’s premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.