Container Waste Limited — terms and conditions of hire
1.1 “CWL” shall mean Container Waste Limited, successors and assigns or any person acting on behalf of and with the authority of Container Waste Limited.
1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
1.3 “Waste Container” shall mean any Waste Container supplied on hire by CWL to the Client (and where the context so permits shall include any supply of services) and shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by CWL to the Client.
1.4 “Maximum Hire Period” shall mean the Maximum Hire Period as described on the quotation, or any other forms as provided by CWL to the Client.
1.5 “Price” shall mean the cost of the hire of the Waste Container as agreed between CWL and the Client subject to clause 3 of this contract.
2.0 Acceptance2.1 Any instructions received by CWL from the Client concerning the supply of a Waste Container and/or the Client’s acceptance of a Waste Container shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of CWL.
2.4 The Client shall give CWL not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by CWL as a result of the Client’s failure to comply with this clause.
2.5 Waste Containers are supplied by CWL only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
3.0 Price And Payment3.1 At CWL’s sole discretion the Price shall be either;
- As indicated on the CWL website; or
- as indicated on invoices provided by CWL to the Client in respect of Waste Container supplied; or
- CWL’s quoted Price (subject to clause 3.2) which shall be binding upon CWL provided that the Client shall accept in writing CWL’s quotation within thirty (30) days.
3.2 CWL reserves the right to change the Price in the event of a variation to CWL’s quotation. Any variation from the plan of scheduled services or specifications (including, but not limited to, any variation as a result of additional services required due to unforeseen circumstances such as poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, or as a result of any increase to CWL in the cost of materials, disposal and labour) will be charged for on the basis of CWL’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
3.3 At CWL’s sole discretion a bond may be required which shall be refunded upon return of the Waste Container in a condition acceptable to CWL.
3.4 At CWL’s sole discretion:
- payment shall be due on delivery of the Waste Container; or
- payment shall be due before delivery of the Waste Container; or
- payment for certain approved Client’s shall be twenty (20) days following the date of the invoice (such payment terms will be granted at CWL’s sole discretion based upon the completion and approval of a Credit Application and whether or not a Personal Guarantee is held).
3.5 Time for payment for the Waste Container shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 Payment will be made by credit card or by any other method as agreed to between the Client and CWL.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.8 Container Waste Ltd has the right to make changes to prices charged to customers, a minimum of 2 weeks notice (in writing via customer invoice & statement) will be given to customers with previously agreed prices and/or credit terms in place. No notice is required to be given to customers without credit terms in place.
3.9 Prices for skip hire as quoted on CWL website include delivery and removal of skip within Christchurch area – approx. 30km from Cathedral Square. Additional charges apply to deliveries outside this area & will be supplied upon request.
3.10 Weight limits apply to fixed price General Waste skips. Included in skip hire as follows 7.5m – 1000kg, 4.5m – 600kg, 3m – 400kg. Above these weights an overweight charge applies at 23c+GST per kg (Current at 1.7.16). Any overweight charge will be directly processed to the customer credit card given at time of booking upon disposal of the skip contents. The customer can request a receipt & tip docket for all charges.
3.11 Maximum hire period for skips is 7 days including day of delivery and day of removal. Should the customer require additional days these will be at a charge of $15 including GST & will be charged to the customer credit card (or via invoice if order placed via phone).
3.12 Should the customer dispute an invoice this must be formally communicated in writing to CWL (email is acceptable) and must be done so within 10 calendar days of the invoice being sent. Postal rules apply.
4.0 Delivery Of Waste Container4.1 Delivery of the Waste Container shall be deemed to have taken place when the Waste Container is delivered to the Client’s nominated address (whether or not the Client is present at the time of delivery).
4.2 The costs of delivering or collecting the Waste Container are either included in the Price or in addition to the Price.
4.3 Any time or date given by CWL to the Client is an estimate only. The Client must still accept delivery of the Waste Container even if late and CWL will not be liable for any loss or damage incurred by the Client as a result of the delivery being late. In the event of late delivery due to operational constraints, CWL will endeavour to contact the Client and advise Client of any delay in delivery of the Waste Container.
5.0 Risk5.1 CWL shall retain property in the Waste Container at all times nonetheless all risk for the Waste Container passes to the Client on delivery.
5.2 The Client accepts full responsibility for the safekeeping of the Waste Container and indemnifies CWL for all loss, theft, or damage to the Waste Container howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
5.3 The Client will insure, or self insure, CWL’s interest in the Waste Container against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the use of the Waste Container. Further the Client will not use the Waste Container nor permit it to be used in such a manner as would permit an insurer to decline any claim.
5.4 The Client accepts full responsibility for and shall keep CWL indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.
6.0 Placement & Access6.1 Waste Containers shall be placed where directed by the Client and in the absence of the Client’s directions CWL shall place the Waste Container at the delivery address at the nearest clear area to the roadside. The Client agrees to indemnify CWL against any claims whatsoever made against CWL that arise out of the placement of the Waste Container.
6.2 As our skip trucks can weigh up to 9 tonne when removing a full skip, we may need to put our trucks lifting jacks down. The customer needs to carefully consider the bin placement on delivery, as Container Waste Ltd (or subsidiary/subcontractor) will not be responsible for any damage caused to the property on removal of the skip.
6.3 The Client agrees that the Client shall not move a Waste Container once placed in position by CWL, except with the express approval of CWL.
6.4 In the event that either party to this agreement is ordered to remove a Waste Container by any local authority, they shall immediately notify the other party of the requirement to do so and organise the removal of the Waste Container. The Client agrees to indemnify CWL against all additional costs incurred by CWL in complying with any such order, or through the Clients failure to comply with any such order, or through the Clients failure to comply with the provisions of this clause.
6.5 The Client shall ensure that it has prior to delivery of a Waste Container all approvals required from any local authority where the Waste Container is to be located on the roadside or any footpath adjacent thereto.
6.6 The Client shall be responsible at all times for ensuring CWL has clear and free access to the site at which the Waste Container is to be (or is) located. CWL shall not be liable for any loss or damage caused (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) when delivering or collecting any Waste Container unless due to the negligence of CWL.
6.7 If there are any delays due to clear or free access not being available when CWL arrives to deliver or collect a Waste Container then the Client shall reimburse CWL for all additional costs incurred by CWL as a result of such delay (including, in the case of Waste Container collection, any hire fees lost due to the Waste Container being unavailable).
6.8 The Client acknowledges and understands if there are any delays due to clear or free access not being available when CWL arrives to deliver or collect a Waste Container, and CWL has to return at another date and time, then the Client shall be liable to pay any and all additional service charges as per clause 3.2.
7.0 Title7.1 Waste Containers are and will at all times remain the absolute property of CWL.
7.2 If at any time the Client fails to return a Waste Container to CWL when requested then CWL or CWL’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Waste Container is situated and take possession of the Waste Container, without being responsible for any damage thereby caused.
8.0 Defects8.1 The Client shall inspect the Waste Container on delivery and shall within forty eight (48) hours notify CWL of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford CWL an opportunity to inspect the Waste Container within a reasonable time following delivery if the Client believes the Waste Container is defective in any way. If the Client shall fail to comply with these provisions the Waste Container shall be presumed to be free from any defect or damage. For a defective Waste Container, which CWL has agreed in writing that the Client is entitled to reject, CWL’s liability is limited to replacing the Waste Container.
9.0 Contaminated/Dangerous Waste9.1 The Client shall not, unless previously arranged with CWL, use a Waste Container to store or dispose of any explosive, flammable or otherwise dangerous goods, furthermore the Client agrees to indemnify CWL against any costs, loss or damage which CWL might incur, or claims of any nature made against CWL as a result of the Clients failure to comply with this clause.
9.2 The Client acknowledges that:
a Waste Container shall not be used to dispose of asbestos, polystyrene, car batteries, car tyres, gas bottles, bullets, fuel cans containing fuel, toxic chemicals or liquids unless prior approval has been received by CWL;
wet paint is under no circumstances accepted for disposal. Paint tins must be empty and dry before being placed in a Waste Container;
tyres will be charged at $15+gst per tyre for disposal if found in a waste container;
household waste must be placed in garbage bags prior to being stored in a Waste Container, under no circumstances may food scraps be disposed of in a Waste Container;
fires shall not be lit in the Waste Container.
10.0 Overloading10.1 If when CWL arrives to collect a Waste Container to facilitate the disposal of its contents and finds that the Waste Container is overloaded, then CWL shall (at its sole discretion) either:
refuse the carriage of the Waste Container until the Client has reduced the load to an acceptable level (service charge applies); or
leave behind the overloaded portion; or
provide the Services in which case, the Client shall be liable to CWL for all additional costs then incurred by CWL (including, but not limited to, any fines, penalties, or additional dumping fees).
11.0 Warranty11.1 To the extent permitted by statute, no Warranty is provided by CWL in respect of the condition of the Waste Container or its fitness for any particular purpose and any implied warranty, is expressly excluded.
11.2 The Client shall indemnify and hold harmless CWL in respect of all claims arising out of use of the Waste Container.
12.0 Consumer Guarantees Act 199312.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).
13.0 Client's Responsibilities13.1 The Client shall:
a) notify CWL immediately by telephone of the full circumstances of any accident. The Client is not absolved from the requirements to safeguard the Waste Container by giving such notification;
b) satisfy itself at commencement that the Waste Container is suitable for its purposes;
c) use the Waste Container in a safe manner, strictly in accordance with the law and only for its intended use;
d) comply with all occupational health and safety laws relating to the Waste Containers use;
e) on termination of the hire, deliver the Waste Container, clean and in good order as delivered, fair wear and tear accepted, to CWL;
f) keep the Waste Container in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to a lien over the Waste Container;
g) not alter or make any additions to the Waste Container including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Waste Container or in any other manner interfere with the Waste Container;
h) employ the Waste Container solely in its own work and shall not permit the Waste Container of any part thereof to be used by any other party for any other work;
i) not exceed the recommended or legal load and capacity limits of the Waste Container;
j) not pledge CWL’s credit for repairs to the Waste Container or to create a lien over the Waste Container in respect of any repairs;
k) not affix the Waste Container in such a manner as to make it legally a fixture forming part of any freehold.
13.2 Immediately on request by CWL the Client will pay:
a) the new list price of any Waste Container that is for whatever reason destroyed, written off or not returned to CWL;
b) all costs incurred in cleaning the Waste Container;
c) all costs of repairing any damage caused by the ordinary use of the Waste Container up to an amount equal to 10% of the new list price of the Waste Container;
d) the cost of repairing any damage to the Waste Container caused by the negligence of the Client or the Client’s agent;
e) the cost of repairing any damage to the Waste Container caused by vandalism, or (in CWL’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Waste Container by the Client;
14.0 Cancellation14.1 CWL may cancel these terms and conditions or cancel delivery of Waste Container at any time before the Waste Container is delivered by giving written notice. On giving such notice CWL shall repay to the Client any sums paid in respect of the Price. CWL shall not be liable for any loss or damage whatever arising from such cancellation.
14.2 The customer must provide at least 24 hours notice of cancellation of delivery, swap or collection of waste container. Failure to do so will incur a service charge in addition to the regular charge applied when skip is actually collected.
14.3 In the event that the Client cancels delivery of the Waste Container the Client shall be liable for any and all loss incurred (whether direct or indirect) by CWL as a direct result of the cancellation (including, but not limited to, any loss of profits).
15.0 Default and Consequences of Default15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5%) per calendar month (and at CWL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 If the Client owes CWL any money the Client shall indemnify CWL from and against all costs and disbursements incurred by CWL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, CWL’s collection agency costs, and bank dishonour fees).
15.3 Without prejudice to any other remedies CWL may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions CWL may repossess the Waste Container. CWL will not be liable to the Client for any loss or damage the Client suffers because CWL has exercised its rights under this clause.
15.4 Without prejudice to CWL’s other remedies at law CWL shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to CWL shall, whether or not due for payment, become immediately payable if:
any money payable to CWL becomes overdue, or in CWL’s opinion the Client will be unable to make a payment when it falls due;
the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
16.0 Security and Charge16.1 In consideration of CWL agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
16.2 The Client indemnifies CWL from and against all CWL’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising CWL’s rights under this clause.
16.3 The Client irrevocably appoints CWL and each director of CWL as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Client’s behalf.
17.0 Privacy Act 199317.1 The Buyer authorises the Seller or the Seller’s agent to:
a) access, collect, retain and use any information about the Buyer; (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Buyer’s creditworthiness; or for the purpose of marketing products and services to the Buyer.
b) disclose information about the Buyer, whether collected by the Seller from the Buyer directly or obtained by the Seller from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Buyer.
17.2 Where the Buyer is an individual the authorities under clause 1 are authorities or consents for the purposes of the Privacy Act 1993.
17.3 The Buyer shall have the right to request the Seller for a copy of the information about the Buyer retained by the Seller and the right to request the Seller to correct any incorrect information about the Buyer held by the Seller.
18.0 Personal Property Securities Act 1999 (“PPSA”)18.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
b) a security interest is taken in all Waste Containers previously supplied by CWL to the Client (if any) and all Waste Containers that will be supplied in the future by CWL to the Client.
18.2 The Client undertakes to:
a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CWL may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
b) indemnify, and upon demand reimburse, CWL for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Waste Containers charged thereby;
c) not register, or permit to be registered, a financing statement or a financing change statement in relation to a Waste Container in favour of a third party without the prior written consent of CWL.
18.3 CWL and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
18.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
18.5 Unless otherwise agreed to in writing by CWL, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
18.6 The Client shall unconditionally ratify any actions taken by CWL under clauses 1 to 18.5.
19.0 General19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
19.3 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
19.4 CWL shall be under no liability whatever to the Client for any indirect loss and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by CWL of these terms and conditions.
19.5 In the event of any breach of this contract by CWL the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of CWL exceed the Price.
19.6 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by CWL.
19.7 CWL may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
19.8 CWL reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which CWL notifies the Client of such change. Except where CWL supplies further Waste Containers to the Client and the Client accepts such Waste Containers. The client is under no obligation to accept any changes & these credit terms can be cancelled in writing (prior to any further waste containers being delivered).
19.9 CWL shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond it’s reasonable control.
19.10 The failure of CWL to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect CWL’s right to subsequently enforce that provision.