TERMS & CONDITIONS | WHITSUNDAY WASTE SKIP BIN HIRE

WHITSUNDAY WASTE TERMS & CONDITIONS

Thank you for choosing WHITSUNDAY WASTE and supporting a local, family-owned small business. To ensure efficient and safe service, please review the following terms and conditions before engaging our services.

1. INTRODUCTION AND DEFINITIONS

1.1 “WW” means Petra 51 Pty Ltd (ACN 634 064 314) as trustee for Young Family Trust trading as Whitsunday Waste Skip Bin Hire (ABN 93 491 018 371), its successors and assigns, or any person acting on behalf of and with the authority of Petra 51 Pty Ltd as trustee for Young Family Trust.

1.2 “Bins” means all skip bins, associated equipment, and accessories supplied on hire by WW to the Hirer (and, where the context permits, includes any related services).

1.3 The Bins shall be as described in WW’s invoice, quotation, authority to hire, or any other work authorisation issued to the Hirer.

1.4 “Hirer” means the person(s), company, trust, partnership, or other entity hiring Bins from WW, and:

(a) where there is more than one Hirer, each is jointly and severally liable

(b) where the Hirer is a partnership, each partner is jointly and severally liable

(d) includes executors, administrators, successors, and permitted assigns of the Hirer.

2. ACCEPTANCE OF TERMS AND CONDITIONS

Whitsunday Waste may update or revise these Terms & Conditions at any time. Material changes, including updates to fees, services, or policies, will be posted on our website or otherwise communicated where reasonably possible. You acknowledge that continued use of our services after such updates constitutes acceptance of the revised Terms & Conditions.

While we may not notify every customer individually, we take reasonable steps to make updates accessible and clear. It is your responsibility to review the Terms & Conditions periodically.

3. BOOKING AND HIRE CONDITIONS

3.1 Bookings for delivery and/or collection of Bins may be made by telephone, email, or text message to WW.

3.2 All bookings are subject to availability and confirmation by WW and are binding upon the Hirer whether confirmed in writing or not.

3.3 By making a booking, the Hirer agrees to be bound by these Terms and Conditions.

3.4 Bookings must include the Hirer’s full name, delivery address, contact details, bin type, and intended hire duration.

3.5 Non-account Hirers must pay by credit card prior to delivery unless otherwise agreed in writing by WW.

3.6 If credit card pre-authorisation fails, WW may cancel or delay delivery until payment is received.

3.7 WW may decline or reschedule bookings based on operational, access, safety, or logistical constraints.

4. PAYMENT TERMS

4.1 Commercial Account Customers

(a) Commercial account customers approved by Whitsunday Waste (“WW”) will be invoiced in accordance with their agreed credit terms.

(b) Unless otherwise agreed in writing, invoices are payable within 7 days from the date of invoice.

(d) WW may withdraw or vary credit facilities at any time at its sole discretion.

4.2 Non-Account Customers

(a) Non-account customers must pay the skip hire fee and holding deposit prior to delivery unless otherwise agreed by WW.

(b) Payment may be made via credit card or other payment method approved by WW.

4.3 Credit card payments incur a surcharge reflecting the rate charged to WW by its payment processor.

5. HOLDING DEPOSIT AND WASTE DISPOSAL CHARGES

5.1 At the time of booking, the Customer authorises Whitsunday Waste (“WW”) to charge their nominated credit card with:

(a) The skip bin delivery fee, and

(b) A refundable holding deposit of $400.00 to cover waste disposal charges and any associated costs.

5.2 The final disposal fee will be determined once the skip bin has been collected and weighed. Disposal charges are additional to the hire fees and are calculated after tipping. They are based on waste type and weight and may include additional costs or imposed penalties (see Prohibited Waste)

5.3 After tipping:

(a) Disposal Charges are deducted from the holding deposit, and any unused portion of the deposit will be refunded to the Customer’s nominated payment method within seven (7) business days after the skip bin has been emptied and disposal fees finalised. “Business days” excludes weekends and public holidays; bank processing and third-party payment processing times may cause slight delays.

(b) If Disposal Charges and/or other associated costs exceed the $400.00 deposit, the Customer authorises WW to charge the balance to the same credit card.

5.4 Card payments incur a surcharge, currently 1.6% (Visa/Mastercard domestic), which will be charged to the Customer. Card payment surcharges reflect the rate charged to WW by their payment processor (Pin Payments).

WW will:

(c) Keep the Hirer’s personal details, including payment information, only for as long as reasonably necessary for operational, legal, or regulatory purposes and

(d) Not disclose any payment information, except where required by law or for operational requirements.

5.5 The Customer expressly agrees that, if pursuant to this Agreement, there are:

(e) Any unpaid charges;

(f) Other amounts due and outstanding; or

(g) Any Skip Bins supplied on loan that are lost or damaged.

Then WW to immediately charge the Hirer’s nominated credit card for these amounts and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer all amounts due under this Agreement.

5.6 By providing credit card details, the Customer acknowledges and accepts that any unused portion of the holding deposit will be refunded as per clause 5.3 (a), and that final charges, surcharges, and associated costs may be debited automatically in accordance with these Terms and Conditions.

6. WASTE DISPOSAL FEES

6.1 All materials provided for disposal are subject to applicable local landfill or regulatory fees. Whitsunday Waste includes an administration and handling component in the total disposal charge to cover processing, coordination, compliance, and handling costs. By using our services, you acknowledge and agree to pay the total disposal charge.

6.2 Responsibility for Understanding Charges.

(a) It is the Hirer’s responsibility to review and understand potential waste disposal charges prior to hire. Whitsunday Waste (“WW”) can provide the current Whitsunday Regional Council per-tonne rates upon request. These rates are published annually in the Council’s Fees and Charges Schedule and can also be accessed via the Whitsunday Regional Council’s official website.

6.3 Per-Tonne Charges: Waste disposal fees are charged on a per-tonne basis, depending on the type of waste (e.g. general, green, construction, industrial, etc.). Final disposal costs are determined by the actual weight recorded at the disposal facility’s weighbridge following bin collection.

6.4 Contaminated or Prohibited Waste

(a) If the Skip Bin contains contaminants or prohibited waste, the Hirer is fully liable for any additional separation, handling, dumping, or penalty charges imposed by the disposal facility or relevant authority.

(b) Any asbestos found in a bin will incur a minimum surcharge of $3,000.00, in addition to all related costs for disposal, cleanup, and regulatory reporting.

(c) The Hirer is solely responsible for ensuring that all waste complies with local, state, and federal waste disposal regulations.

(d) The Hirer indemnifies WW against all costs, penalties, remediation expenses, environmental charges, transport costs, regulatory compliance costs, and disposal fees arising from the presence of contaminated or prohibited waste.

6.5 Composition of Disposal Charges

Waste disposal charges may include:

(a) Third-party facility charges (e.g., Council weighbridge fees); and

(b) A Whitsunday Waste service fee to cover administration, handling, transport logistics, and compliance with environmental and safety regulations.

Final fees are calculated based on the net weight of the waste as recorded by the disposal site.

7. SKIP PLACEMENT

7.1 WW will determine the final Bin position based on safe delivery and collection access.

7.2 If placed inside the property at the Hirer’s request, WW accepts no liability for above-ground or subsurface damage.

7.3 The Hirer must ensure the Skip Bin does not create a hazard to pedestrians, vehicles, or public access areas.

7.4 The Bin must remain in its delivery position at all times, with unobstructed access for collection. The Hirer must not move or allow the Bin to be moved. If moved to a location preventing safe collection, the Hirer is liable for:

(a) all additional retrieval costs;

(b) any extended hire fees due to delay; and

The Hirer is also liable for all costs required to return the Bin to a safe collection position.

8. DRIVER SAFETY AND SITE ACCESS

8.1 The Hirer must ensure safe and unobstructed access for delivery and collection of the Skip Bin.

8.2 WW drivers will not enter locations they reasonably consider unsafe, including but not limited to areas with:

· soft ground

· steep gradients

· low overhead obstructions

· restricted manoeuvring space

· unstable surfaces

· aggressive animals

· persons behaving in a threatening manner

8.3 If WW determines that access is unsafe, delivery or collection may be refused or rescheduled.

8.4 Any additional costs arising from unsafe access, delays, or aborted service attempts may be charged to the Hirer.

9. ALLOWABLE WASTE

9.1 The Customer:

(a) Will only dispose of material permitted under the terms of this agreement in the equipment.

(b) Council does allow the disposal of tyres, mattresses and white goods however, these are charged at an additional rate.

(c) Will ensure no putrescible waste, liquid waste, flammable, combustible, regulated, prescribed, hazardous or dangerous goods are placed in the bins.

(d) Must inform WW of any possible contaminants.

10. WASTE RESTRICTIONS

Should a bin be found to contain prohibited items or material described as Regulated Waste (asbestos, toxic or liquid waste, dangerous or hazardous materials, etc.) WW reserves the right to remove and leave behind such material that can be safely removed from the bin, and also to charge to the Hirer whatever cost arises in the removal and safe lawful disposal of any such material remaining in the bin after its collection.

The following items must not be placed in the bin:

· Asbestos or asbestos-containing materials

· Batteries

· Fire extinguishers

· EPIRBs, Personal Alarms

· Explosives

· Flares

· Gas bottles or pressurised containers

· Liquids (including paint, wet cement/concrete, chemicals, pesticides or herbicides, oil)

· Neon or fluorescent tubes

· Putrescible Waste (Food waste, Human Waste (soiled nappies) or Animal Waste/carcasses

· Wet concrete cannot be placed in Skip Bin unless a suitable liner is first put in place.

Additional charges apply if prohibited items are found in the Skip Bin.

11. SKIP FILLING REQUIREMENTS

11.1 Skip Bins must be filled only to the top rim (also referred to as the “water level”). Overfilling is not permitted.

(a) Any materials loaded above the rim may be removed and left on site, or

(b) The Hirer may be contacted to repack the bin to a compliant level. A $100 fee will apply in such cases.

11.2 The Hirer is fully liable for any damage, loss, or injury caused by materials falling from an overfilled bin during transport. This includes, but is not limited to, damage to property, vehicles, roads, or injury to third parties.

12. DAMAGE AND RESPONSIBILITY

12.1 The Hirer shall indemnify WW from any loss or damage to WW’s Bins caused by the Hirer or another trade while in the Hirer’s care.

12.2 Burning waste in bins is prohibited; the Hirer shall be liable for all costs related to cleaning and repairing any damage caused by burning.

12.3 The Hirer shall not remove, deface or cover up identifying marks nor shall the Hirer cause to remove the Bins from their initial location without prior approval from WW.

13. ADDITIONAL CHARGES

13.1 Overfilled bins may require sorting and/or unloading to ensure they comply with transport requirements. Any such action will be at the sole discretion of WW’s driver and may incur a fee.

13.2 The Hirer shall indemnify WW from costs should Bins be ordered and delivered and subsequently not be required by the Hirer or the specific drop off location offered by the Hirer in the opinion of WW’s driver be deemed to be unsafe or inaccessible. WW may claim the portion of the service already provided to the Hirer.

13.3 WW reserves the right to charge a cleaning fee for excessive amounts of wet paint, plaster, granosite, wet concrete and other such products disfiguring the Bins.

13.4 In the event of a non-approved use and/or relocation of Bins by the Hirer, WW reserves the right at all times to access the site to remove or recover the Bins and charge the Hirer for any damage to WW’s Bins and/or any expense incurred in recovering and/or removing the Bins.

13.5 Traveling time for delivery/pick up of Bins may be charged when the time and distance exceeds those normally allowed for in the Agreement. WW will notify the Hirer when confirming the hire.

13.6 An additional charge may be incurred when clear and/or safe access is not available to WW’s driver when delivering or removing Bins, resulting in WW’s driver needing to wait until the access problem is rectified.

13.7 WW shall take reasonable care at all times when delivering or collecting Bins, but the Hirer shall indemnify WW from any damage to property caused in the execution of the delivery or removal of Bins when clear access has not been made available by the Hirer.

13.8 A longer rental period may be incurred if the pick-up location selected by the Hirer subsequently proves to be inaccessible due to weather conditions.

13.9 The Hirer shall indemnify WW from damage caused to truck tyres should the Hirer or their representative instruct WW’s driver to drive over objects that may reasonably be considered to have contributed to such damage.

13.10 The Customer shall pay to Whitsunday Waste Skip Bin Hire the following Additional Charges:-

(a) Restricted Delivery

(b) Excess Retrieval Fees where the Skip Bin is not available for collection on the Collection Date.

(d) Additional Delivery/Collection charges where the Customer requires delivery or collection on a specific day &/or time that does not fit in with our standard allocation and delivery schedule.

(e) Relocation Fee where WW must return to a customer site to relocate the bin after it has been delivered.

(f) An allowance of 15 minutes is given for services, additional time on site will incur a waiting fee charged at $165 per hour.

14. FUTILE COLLECTION

A futile collection occurs when:

14.1 The customer has failed to inform Whitsunday Waste Skip Bin Hire of any reason that may impact on the ability to safely service the customer’s site.

14.2 WW attends the customer’s site to perform the collection and are unable to access the skip bin.

15. DEFAULT AND DEBT RECOVERY

Without prejudice to any other rights or remedies available to Whitsunday Waste (“WW”), in the event that the Hirer breaches any provision of these Terms and Conditions, including but not limited to failing to make payment in accordance with WW’s payment terms, WW reserves the right to apply the following:

(a) Late Payment Fee of thirty-five dollars ($35.00) per unpaid invoice, applicable to each invoice not paid by the due date. This fee is effective as of 1 July 2025 and may be reviewed periodically.

(b) Interest on any overdue amount at the rate of fifteen percent (15%) per annum, calculated daily from the date of WW’s tax invoice until full payment is received. No interest will be charged if payment is made within the agreed payment terms.

(c) All costs, expenses, or losses incurred by WW in recovering any outstanding amounts owed by the Hirer, including but not limited to debt collection fees and legal costs on a solicitor and own client basis.

16. LIABILITY

16.1 The Hirer indemnifies WW for damage to property, driveway, pathways, underground services, or other surfaces arising from bin placement or removal.

16.2 WW is not liable for losses related to online credit card payments processed via third-party gateways.

16.3 WW excludes liability for indirect or consequential losses including lost profits, revenues, contracts, or third-party claims.

16.4 WW is not liable for damage, injury, or loss arising from bin use except where caused by WW’s negligence.

16.5 The Hirer acknowledges that skip delivery vehicles are heavy vehicles and may cause surface damage to driveways, paving, paths, lawns, underground services, irrigation systems, or other surfaces.
Where the Hirer requests placement of a bin on private property, the Hirer accepts all associated risks and indemnifies WW against any damage that may occur unless caused by proven negligence of WW.

17. WEBSITE BOOKING TERMS

17.1 Online bookings made through the Whitsunday Waste website are subject to these Terms and Conditions.

17.2 By completing an online booking, the customer confirms that:

(a) the information provided is accurate and complete

(b) they are authorised to make the booking

17.3 The total amount payable for skip hire consists of two components:

(a) Skip Bin Hire Fee – payable at the time of booking

(b) Waste Disposal Charges – calculated after the bin is collected and weighed at the disposal facility.

17.4 A holding deposit is required at the time of booking to cover potential disposal costs.

17.5 Final disposal costs will be calculated after tipping based on:

(1) waste type

(2) waste weight

(3) landfill facility charges.

17.6 Any unused portion of the holding deposit will be refunded in accordance with Clause 5.

17.7 If disposal costs exceed the holding deposit, the customer authorises WW to charge the additional amount to the payment method used for the booking.

17.8 WW does not guarantee specific delivery or collection times when bookings are made online. Requested dates will be scheduled according to operational availability.

17.9 WW reserves the right to refuse or cancel an online booking where:

(1) access is unsafe

(2) waste type is not permitted

(3) payment authorisation fails

(4) operational constraints prevent service.

18. PRIVACY

18.1 The Hirer consents to WW collecting, using, retaining, and disclosing personal and commercial information in accordance with the Privacy Act 1988 and related amendments.

18.2 Personal information may be used for marketing WW’s goods and services unless the Hirer opts out.

19. DISPUTE RESOLUTION

19.1 In the event of a dispute arising between WW and the Hirer in connection with these Terms and Conditions or any Hire Contract, both parties agree to first attempt to resolve the matter through good faith negotiations.

19.2 If the dispute cannot be resolved within 14 days of written notice by one party to the other, either party may refer the matter to the Queensland Civil and Administrative Tribunal (QCAT) for determination as a Minor Civil Dispute, where applicable.

19.3 Nothing in this clause prevents WW from taking immediate legal action to recover outstanding payments or enforce its rights where necessary.

19.4 All fees subject to filing, servicing, administration of debt recovery will be issued to the hirer.

20. GOVERNING LAW

These terms are governed by the laws of Queensland. All disputes shall be submitted to the courts and tribunals of Queensland.

21. CHANGES TO TERMS

Continued use of our services after such updates constitutes acceptance of the revised Terms & Conditions. While we may not notify every customer individually, reasonable steps will be taken to make updates accessible and clear. It is the Hirer’s responsibility to review the Terms & Conditions periodically.

22. SEVERABILITY

Any invalid or unenforceable provision shall be read down or severed to the extent necessary without affecting other provisions or jurisdictions.

23. NON-WAIVER

Failure or delay by WW in enforcing any right or provision does not waive that right unless expressly agreed in writing.

24. ENTIRE CONTRACT

This Agreement constitutes the entire understanding between parties and supersedes all prior agreements. No additional terms from the Hirer are binding unless agreed in writing by WW.

25. TERMINATION

WW may terminate immediately on breach of terms, bankruptcy, insolvency, liquidation, administration, receivership, or cessation of business by the Hirer.

Acknowledgment:
By placing an order with Whitsunday Waste, you acknowledge and accept our Terms & Conditions, including all applicable disposal and administration fees.