Scope of the Contract
1. The Service is provided by the Company on the terms and conditions set out in this Contract.
2. Unless otherwise expressly agreed by the Company in writing, the Contract applies to the exclusion of:
(a) all prior discussions, representations, understandings and arrangements between the Company and the Customer; and
(b) all conditions and, to the extent permitted by law, warranties (written or oral, express or implied) and other representations (contractual or otherwise) whether or not:
(i) arising under statute, by implication of law or by custom or usage; or
(ii) endorsed or provided or referred by any order or other document provided by the Customer to the Company.
3. Without limiting the generality of clause 2, the Customer undertakes that it will not be entitled at any time to seek or rely on any term, condition, warranty or representation other than the provisions in this Contract.
4. Unless otherwise agreed by the Company in writing, none of the Customer’s terms apply to the provision of the Service by the Company.
Use of the JUMBOBAG™
5. The JUMBOBAG™ remains the property of the Customer until the Company takes possession of it at the Collection Point, at which time the Customer abandons the JUMBOBAG™ with the intention that the Company will dispose of the JUMBOBAG™ and its contents.
6. The Customer must use the JUMBOBAG™ in accordance with any Instructions provided by the Company from time to time and the terms of this Contract.
6a The JUMBOBAG™ must be accessible via an accessible roadway for collection. The roadway must conform to the following minimum criteria.
Width – 4 metres minimum.
Vehicle must be able to park against curbside in order to operate the crane to collect bag.
If there is a possibility of parked cars impeding our access we must be informed at time of booking when access will be available. That is those times when parking restrictions are in place.
Always ensure that there is 6 metres of overhead clearance from trees, overhead power lines, house over hang, etc. To allow the crane truck to pick up the JUMBOBAG™.
Bag must be placed at the same height as the roadway (never lower than roadway)
Bag cannot be dragged by truck operator so cannot be left in a garage, shed, carport or situation that requires bag to be moved before it is lifted.
Our trucks are capable if lifting bags over a 2 metre fence height. Our truck operator will require access to the bag so it can not be left behind a locked gate, roller door etc.
Incline/decline – of less than 10%.
Road width from which driveway is accessed from must be sufficient for truck to reverse into driveway. The width should be minimum 2 lanes
Accessible means truck must not be impeded by other vehicles or obstacles on or at side of roadway.
Roadways with gates at entrance are not considered accessible.
The center of the JUMBOBAG™ must be placed on your property no further than 4 metres from the accessible roadway.
We will not lift over the top of parked vehicles so the bag must be situated in a potion that will avoid this.
If bag requires access from driveway this driveway must have a minimum width of 3,5 metres and gradient of less than 10 percent. In this situation the road width from which the driveway is accessed must be sufficient for the crane truck to reverse into the driveway. That is, the roadway must be a minimum 2 lanes.
Roadway width measurement must be taken at narrowest point.
7. The Customer represents and warrants to the Company that it shall comply with the requirements of all relevant laws and regulations in its use of the JUMBOBAG™. Without limiting the generality of the foregoing, the Company accepts no responsibility for the manner in which and where the Customer stores the JUMBOBAG™.
8.a The Customer represents and warrants to the Company that it shall not deposit any Excluded Waste into the JUMBOBAG™.
8.b All costs associated with disposal of Excluded wastes incurred by the Company will be charged to the customer.
9. The Customer agrees to leave the JUMBOBAG™ at the Collection Point at the time the Customer requested the Company to perform the Services and ensure that the JUMBOBAG™ remains at the Collection Point until collected by the Company.
10. Where the Collection Point is on the Customer’s property, the Customer consents to the Company entering onto the Customer’s property for the purpose of performing the Services. The Customer waives its rights in respect of any damage or Loss suffered as a result of the Company acting reasonably and in accordance with this clause 10.
11. The Company agrees to provide the Service to the Customer at the request of the Customer.
12. The Company may engage any third party in its absolute discretion to provide the Service or any part of them.
13. The Company endeavours to provide the Service within the time agreed (if any) or within a reasonable time of the request from the Customer (in the absence of agreement), but shall not be liable for any Loss caused directly or indirectly by any delay in the provision of the Service.
14. The Customer agrees that it may refuse to provide the Service in any of the following circumstances:
(a) if the Customer has failed to comply with all Instructions or otherwise failed to satisfy this Contract;
(b) the JUMBOBAG™ is in a state of repair that, in the Company’s reasonable opinion, it is unsafe or otherwise inappropriate to perform the Services; and
(c) the JUMBOBAG™ is not at the Collection Point at the agreed time.
15. The Customer agrees to pay the Price at the time of requesting the Service. The Company’s obligation to provide the Services is subject to payment having been received in cleared funds, in full and without deduction.
16. The Price paid by the Customer is not refundable by the Company if the Company exercises its rights under clause 14(a), including as a result of the Customer failing to comply with any of the Instructions.
17. The Customer warrants that it owns the JUMBOBAG™ and its contents and that it owns, leases or is otherwise entitled to occupy the property at the Collection Point.
18. The Customer acknowledges that the Company makes no representations regarding the quality or any other characteristics of the JUMBOBAG™, including whether it is fit for its purpose.
19. Nothing in this Contract purports to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any Implied Term, where to do so would have the effect of rendering the relevant provision in this Contract void or otherwise unenforceable.
20. For the sake of clarity, it is an Implied Term that the Company warrants that the Services are provided with all due care and skill and any goods used in providing the Services are fit for their intended purpose.
21. Subject to clause 19:
(a) all Implied Terms and any other conditions or warranties otherwise implied by law are excluded from this Agreement; and
(b) the Company’s liability for a breach of any Implied Term is hereby limited to the full extent expressly allowed for in the relevant legislation.
22. Clauses 23 to 25 are subject to any liability under the Implied Terms.
23. The Customer agrees that the Company has no liability to the Customer in respect of any Claim made under this Agreement or on any other ground, including negligence, in respect of any Loss incurred or likely to be incurred by the Customer as a result (whether directly or indirectly and whether in whole or in part) of the Company giving effect to or acting in accordance with this Contract.
24. To the extent necessary to give effect to clause 23, the Customer waives any right it has or may have to make or pursue the Claim referred to therein against the Company.
25. Without limiting the generality of clauses 23 and 24, the Company shall in no circumstances be liable for any Loss caused directly or indirectly by any defect in the Service or unsuitability of the JUMBOBAG™ or by negligence of the Company.
26. Notwithstanding anything to the contrary in this Contract, the Company will not be liable for any failure to perform the Service under this Contract by reason of a Force Majeure Event occurring and all obligations on the Company under this Contract are suspended from the commencement of the Force Majeure Event until the Force Majeure Event ceases.
27. The Customer shall indemnify and hold harmless the Company, its Affiliates, directors, officers employees and agents from and against all Loss resulting from or otherwise in connection with any Claim by any third party resulting whether in whole or in part from any of the following:
(a) any breach by the Customer of this Contract;
(b) without limiting the generality of this clause 27, any breach of the warranty in clause 17; and
(c) the quality or any other characteristic of the JUMBOBAG™.
28. This Contract is deemed to constitute the entire agreement between the Company and the Customer.
29. Each party must do everything necessary or desirable to enable the other party to observe and perform its covenants and obligations under this Contract.
30. If any provision of this Contract is void, voidable, unenforceable, or illegal, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly.
31. If, notwithstanding clause 30, a provision is still void, voidable, unenforceable or illegal:
(a) if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and
(b) in any other case, the whole provision is severed,
and the remainder of this Contract will be of full force and effect.
32. Any amendment to this Agreement must be in writing and signed by each party.
33. This Contract is governed by the laws of Victoria and the Customer submits to the exclusive jurisdiction of the courts of that State.
In this Contract, unless indicated to the contrary:
Affiliate means the same as “related body corporate” under the Corporations Act;
Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any form of alternative dispute resolution), irrespective of when it arises, whether or not it is actual or contingent or whether or not it is at law (including under contract or tort), in equity or under statute;
Company means JUMBOCORP Pty Ltd, ACN 150 125 438 and includes any of its Affiliates;
Contract means the terms and conditions set out in this document governing the provision of Services by the Company to the Customer;
Collection Point is the positioning of the JUMBOBAG™ in accordance with the Instructions at the address nominated by the Customer at the time of requesting the Service, or as subsequently varied by a mutual agreement of the parties for the collection of the JUMBOBAG™;
Customer means the person or company that requests the provision of Services from the Company;
Excluded Waste means the articles, material, goods and other matter that the law prohibits the disposal of at public refuse centres, including (but without limitation) free flowing liquids, viscous material, materials that have the capacity to be explosive, materials in the process of combustion or which will or may combust while in the equipment, materials that are radio-active, biomedical or pathological waste, materials that are volatile or highly flammable, asbestos or materials containing asbestos, toxic or hazardous substances , Food waste or any other material which a reasonable person would consider dangerous;
Force Majeure Event means any event, act or cause which, despite using all reasonable endeavours, the Company is unable to control, including any act of God, flood, fire, damage caused by lighting, storm or any other adverse weather conditions, road blockage, labour disputes, strikes, acts of war or terrorism, breakdown of plant or machinery or enactment of any government agency or authority, which affects the Company’s ability to discharge its obligations under this Contract;
Implied Term means any condition or warranty implied by legislation, including the Trade Practices Act or any State or Territory legislation concerning consumer protection, fair trading or the sale of goods or services;
Instructions means the instructions relating to the filling, positioning, type of waste and any other matters relating to or arising out of the Customer’s use and safe handling of the JUMBOBAG™ or the Service as stated on the instructions sheet included on the JUMBOBAG™ packaging;
JUMBOBAG™ means the rubbish bag bearing the JUMBOBAG™ trade mark purchased by the Customer from any retailer in Australia, and the reference in this Contract to the term “JUMBOBAG™” includes the JUMBOBAG™ and the contents of the JUMBOBAG™;
Loss means any damages, debt, loss, foregone profit, penalty, fine, expense, liability or costs (including legal costs on a solicitor client basis, the costs of any other professional advisor and reasonable investigative costs), whether incurred or contingent;
Price is the price of the Service set out in the Company’s standard price list (as amended from time to time) or as quoted by the Company to the Customer at the time of the Customer requesting the Service, or as subsequently varied by mutual agreement of the parties; and
Service means the service of collecting the JUMBOBAG™ and its contents at the request of the Customer and disposing of the JUMBOBAG™ and its contents according to law.
To learn about our commercial credit and terms, see our commercial credit application form and our commercial credit trading terms documents.