Terms and Conditions of Hire

When Towing a Skip Go or Taking Possession of a Skip Go

Please read the terms and conditions carefully. If you have any questions, please contact Skip Go on 03 9071 2466 or email hello@skipgo.co

 

To the Customer:

The terms and conditions are part of this legally binding agreement, including hirer’s disclaimer from all liability for injury and damage.

 

  1. The term “Skip Go” refers to the Mobile Skip Bin Trailer rented by the Owner to the Hirer and all equipment, accessories or component parts installed in or attached to the Skip Go. It does not include loads or goods carried by the Skip Go or personal property placed in the Skip Go by the Hirer or any other person.
  2. The term “Owner” means the registered owner of the Skip Go identified in this agreement and includes its employees but not persons who act as agents managing the hire process. The term “Hirer” means the party contracting with the Owner to rent the Skip Go identified in this agreement.
  3. The term “hire charge” means the amount detailed on the front of this agreement including but not limited to the hire fee, damage waiver fee, deposit fee, and excess weight fee or any additional fees resulting from additional day hires of the Skip Go, payable by the Hirer to the Owner.
  4. This agreement is made between the Owner and the Hirer named herein and the Skip Go must not be used by any other person who is not a party to this agreement.
  5. The following are considered hazardous waste and are not acceptable for disposal in the Skip Go Bin; Radioactive Waste, Batteries, Paint, Tyres, Paint,Mattresses, Medical Waste, Asbestos *, Acids, Liquids, Fire Ants **. *Asbestos: Asbestos is a very dangerous substance. Incorrect disposal of asbestos may lead to criminal prosecution. ** Fire Ants or soil where Fire Ants may have been must not be placed into the Skip Go bin. The Hirer is liable for any Asbestos or Fire Ants (soil) found in the Skip Go. The cost of disposal of Asbestos or Fire Ant (soil) is the liability of the hirer.
  6. Skip Go Bins are made for light material. The following are some examples of heavy materials. Sand, Soil, Dirt, Rocks, Bricks, Concrete. Lids MUST be able to close.
  7. The maximum weight of the 4.0m³ trailer contents must not exceed 500kg. Contents exceeding 500kg will breach the allowable limit imposed by State Road Authorities for this type of trailer. The Skip Go bin may be weighed upon return to the Skip Go site. Overloading may incur additional charges.
  8. The Hirer must ensure that the Skip Go trailer does not exceed the maximum towing capacity of the towing vehicle. Please refer to your Owners’ Manual of your vehicle.
  9. The Hirer must ensure that the tow vehicle is properly fitted with a towing bracket, 50mm ball, appropriate wiring for lights and indicators, and capacity for safety chains to be fitted.
  10. The Skip Go trailer is the property of Skip Go Australia and the Hirer at no time has the right, title or interest in the hired Skip Go trailer except that it is hired to the Hirer.
  11. If a hirer seeks to have the Skip Go trailer collected prior to the expiry of the agreed hire period Skip Gos reserve the right not to make any refund of monies to the hirer.
  12. The Hirer agrees to pay Skip Gos the full costs of any repairs or replacement parts of the Skip Gos trailer should the Skip Gos trailer be damaged or have parts stolen from it during the period of hire. These repairs/parts shall be undertaken / supplied by an authorised Skip Go agent and charged accordingly.
  13. The Hirer must inspect the Skip Go trailer and agrees to the trailer is in good working condition. The Hirer agrees that the rental equipment has been received in good working condition, and will be returned in the same condition, ordinary wear and tear accepted.
  14. The Hirer also agrees to pay solicitors fees and court costs involved on behalf of Skip Go in their having to take any legal action to recover either the Skip Go trailer, the value of the Skip Go trailer or repair costs through the Hirer not complying with the terms and conditions of hire.
  15. Load Must Be Secured: The Hirer agrees that the lids of the Skip Go trailer will be closed and secured during transport of the trailer, or be able to close at the end of use. Overfilling the skip bin or failing to secure the load can lead to fines by State Road Authority, Police, the EPA, and other regulatory authorities. Any such fines are the responsibility of the Hirer on a solicitor and own client basis.
  16. The Hirer acknowledges that the Skip Go is clean, in good repair and roadworthy at the time of hire and undertakes to return it in a similar condition. The Hirer agrees to pay for the Skip Go to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner the Hirer has left the Skip Go in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the Skip Go. Pre-existing damage or wear and tear is to be noted in this agreement by the Hirer as being present at the commencement of hire to protect the Hirer from liability.
  17. The Hirer is strictly liable for the loss of, and all damage to, the Skip Go, loads or goods carried by the Skip Go, any personal property left in the Skip Go, and the property of any person caused by the use of the Skip Go. This loss includes not only the material loss of the Skip Go but also the loss of earnings ordinarily derived by the Skip Go as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss. In the case the Skip Go is stolen whilst in the possession of the ‘hirer’ then it is at Skip Go’s discretion whether to charge the customer for the replacement value of the skip, $3,500 + GST.
  18. The Hirer agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the failure of the Hirer to perform its obligations under this agreement or loss and damage to any personal property that is connected with the hire of the Skip Go under this agreement. This does not include the Skip Go or any other property damaged as a result of the Skip Go colliding with it and does not include loss and damage caused by the negligence or wilful default of the Owner.
  19. The Hirer has rights conferred by consumer protection legislation, including guarantees that the Skip Go is of merchantable quality, matches any description or sample against which it is hired and any services are provided to the Hirer by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the Skip Go or the hire of the Skip Go.
  20. To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the Hirer for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liabilities resulting from:
    1. Any accident, breakdown or other failure of the Skip Go.
    2. Loss of or damage to the Hirer or any other person’s property, including personal property left in any Skip Go.
    3. Loss of or damage to any load or goods carried by the Skip Go.
  21. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Hirer for any indirect, special or consequential damages arising in any way out of any matter covered by this agreement.
  22. The Hirer will only tow the Skip Go on roads that constitute the national road system or properly constructed driveways.
  23. If the ‘hirer’ wishes to hold onto the Skip Go for an extended period, an additional charge will be paid to the owner, as agreed upon prior to commencement of hire on a per day basis.
  24. In the event of the Skip Go being un-towable or being damaged the Hirer shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of hire shall be determined upon such return of the Skip Go to the Owner.
  25. The Hirer is responsible for any traffic or parking offences incurred during the period of hire and will pay any camera fines or parking tickets incurred during such hire.
  26. GST is payable on the hire fees and is automatically included in all fees charged. The Hirer’s copy of this agreement is a tax invoice and should be presented to the agent by the Hirer on completion of the hire for inclusion of all additional costs as required.
  27. The Hirer authorises the Owner to charge the Hirer’s credit or debit card with the hire charge as well as any additional charges, including, but not limited to those fees or charges resulting from extended hire, overloading, loading of forbidden goods, tolls, fines resulting from traffic infringement notices, fines from the Environmental Protection Agency for overloading the Skip Go or failing to secure the load or parking offences, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the hire of the Skip Go.
  28. The Hirer agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, any debt collector costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/ client basis).
  29. During the continuance of the hire the Hirer will not:
    1. Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Skip Go or any interest of the Owner herein or create or allow to be created any security interest over the Skip Go.
    2. Part with possession of the Skip Go except to parties named in this agreement.
    3. Allow any lien to be created in respect of the Skip Go for repairs or otherwise.
  30. The Owner may, notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this agreement and repossess the equipment without prior notice or written demand in any of the following events:
    1. If the Hirer shall fail to pay any hiring charges when due.
    2. If the Hirer shall do or permit any act or thing whereby the Owner’s rights in the Skip Go may be prejudiced.
    3. If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a Hirer being a limited company should an order be made or a resolution be passed for the winding up of such companies.
    4. If, in the reasonable opinion of the Owner, the Skip Go is at risk of damage, loss or confiscation.
  31. Without prejudice to the rights of the Owner to recover from a Hirer any monies due and damages for breach of the agreement the Owner may enter into or upon any premises where the Skip Go may be located for the purposes of repossessing the Skip Go. The Hirer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
  32. Either the Hirer or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.
  33. The Hirer will tow the Skip Go in a skilful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the Skip Go. The Hirer must complete any Hire Checklist or Equipment Taken Checklist appearing in this agreement and report any faults with the Skip Go to the Owner or its agents at the time of hire. The Hirer must not use the Skip Go if it appears un-roadworthy and certifies that:
    1. He has read and understood all instructions provided for the safe use and operation of the Skip Go.
    2. He is competent to correctly connect and disconnect the Skip Go.
    3. He is competent to ensure safe load distribution and not exceed maximum load rating for the Skip Go (500kg).
    4. He has a current Australian photo Driver’s licence and is licensed to drive or tow the Skip Go.
  34. The Hirer acknowledges that:
    1. The agreement between that Owner and Hirer comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
    2. He has legal capacity to enter into this agreement.
    3. The singular includes the plural, the masculine gender includes the feminine in the interpretation of these terms.
  35. The Owner will collect and use personal information that the Hirer provides when hiring the Skip Go or collected during the use of the Skip Go. We will take reasonable steps to protect your personal information from misuse, unauthorised access or wrongful disclosure but we may disclose your personal information to related and unrelated third parties and store information about you in our database or IT systems. The Owner may use Skip Go tracking technology associated with the hire of this Skip Go and the Hirer acknowledges and consents to this.
  36. The law of this agreement is the law of the State of Victoria, New South Wales, Queensland, ACT, Tasmania, Western Australia, Northern Territories and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
  37. Skip Gos collects your personal information here to allow us to supply you with goods or services. We will not use or disclose your personal information for any other purpose. Our Privacy Policy can be found at www.skipgo.co, You can email us at hello@skipgo.co.