Terms & Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF BINS
Welcome to the website (“the website”). The term “Eco Skips”,”us” or “we”, or “our” refers to the owner of the website A to Z Repairs Limited. The term “you”, refers to you as customer and user of the website.
Ordering
1.1 Purchase orders are submitted electronically through the website. Once your order has been confirmed by Eco Skips you will be bound by a contract to purchase the services requested in your purchase order, subject to your rights to cancel or vary the order set out in clause 5 of these terms and conditions.
Delivery and Access
2.1 Eco Skips will endeavour to deliver your bin on the agreed delivery date, subject to operational constraints. Where delivery is likely to be delayed, Eco Skips may contact you to discuss your requirements. Late delivery does not of itself entitle you to cancel any order or part order.
2.2 There must be clear access available to the driver in order to deliver and collect the bin.
2.3 You are responsible for the free and suitable access to the delivery site including the removal and reinstatement of any obstructions and ensuring that there are stable ground conditions for the delivery, placement, and removal of the bin.
2.4 We will take no responsibility for any damage to any surface, and you are required to take all necessary steps to protect such surfaces before delivery and after collection.
2.5 The driver is hereby instructed to deliver the bin as directed by the client or as may be practical in the circumstances and no claim may be made against Eco Skips for any damage resulting to driveways or underground services such as cables, drainage, trees and overhanging telephone or power lines.
2.6 We may refuse to enter onto the site if we consider in our sole and absolute opinion the site is not safe.
2.7 Skips cannot be left on the road unless you have a permit pertaining to the Council Bylaws of that area. You will be responsible for the health & safety measures required to leave the bin on the road for the duration of the permit during the day and night.
Price
3.1 The price of the services is the price quoted on the website at the time of placing your purchase order, unless otherwise agreed in writing by us. The price is inclusive of goods and services tax unless otherwise stated. Prices quoted are based on the delivery address which you submit to the website, and we reserve the right to vary prices if the delivery address changes.
Payment
4.1 Payment is by credit card. You authorise us to charge the supplied credit card for the cost of the bin, cancellation costs, overweight charges, any costs associated with disposal of hazardous or prohibited material placed in the bin and any future fees relating to delivery and removal of the bin.
Cancellations/Variations and Refunds
5.1 You will be entitled to cancel or vary an order provided that we receive notice of variation or cancellation no less than 5 working days before the delivery date under the order. Any other variation to your order will be granted at our sole discretion and subject to payment of reasonable costs. We reserve the right to vary any order if we are unable to provide the service requested, provided that if the service provided is of a lesser value than that requested an adjustment shall be made to the price.
5.2 Eco Skips will provide a full refund in the respect of any ordered bin not provided by us, however if you choose to cancel your bin, you must do so no less than 5 working days before the delivery date, if you choose to cancel later than this then a cancellation fee will apply.
5.3 No refunds will be given if we have arrived at the scheduled delivery address and are then turned away.
Use of Bins
6.1 While a bin is in your possession, you agree that you will not:
- Allow any burning of waste in the bins.
- Place or allow in the bin any non-complying waste, including but not limited to any liquid waste, any waste that may be explosive, flammable liquids, flammable solids, poisons, pool chemicals and
paint, toxic, dangerous, noxious materials, minerals, greases, scrap motor cars or car parts, firearms medical waste of any nature, agricultural residues or chemicals, animal by-products e.g. carcases, offal, radioactive materials, liquid concrete or asbestos, rock, dirt, clay, concrete, tiles, bricks, gas bottles 9kg, car tyre’s (We can remove 9kg gas bottles and car tyre’s at an extra charge, and have an option on the order page for these items).
(To dispose of any hazardous waste, you need to contact your local council)
- Fill or allow the bin to be filled higher than the top level of the bin which may result in spillage of waste. Due to the rules and regulations of NZ Land Transport Safety Authority, the NZ Police & Occupational Health & Safety, overloaded (both in height and/or weight) and unsecure bins cannot be transported.
- Move the bin or use the bin for any other purpose than for placement of waste. Note any bin requiring salvage (ie irretrievable after being moved without permission) is at the your expense.
6.2 Failure to adhere to the above restrictions will result in you being solely responsible for any additional costs, charges and penalties that result from a breach of the above restrictions.
Risk
7.1 You will be liable to Eco Skips for any damage to a bin which occurs while in your possession, subject to fair wear and tear.
Limitation of Liability
8.1 The liability of Eco Skips for any claim, damages, loss or expense related to the supply of services is limited to the cost paid or payable by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, we will not be liable in any event whether in tort, contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
Force Majeure
9.1 We will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises from any circumstance beyond our control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation embargo, changes in law, delays or disruption by government or government agencies.
Privacy
10.1 You authorise Eco Skips to collect, retain and use personal information about you for the purpose of processing payment for any services which you purchase from us using the website, or for any other purpose that you authorise. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the Privacy Act 1993, you may request access to or correction of your personal information held by Eco Skips subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
Waiver
11.1 If at any time Eco Skips does not enforce any of these terms or grant you time or other indulgence, Eco Skips will not be construed as having waived that term or its rights to later enforce that or any other term.
Consumer Guarantees Act 1993 (the “Act”)
12.1 If you are a consumer under the Act and you are acquiring or holding yourself out as acquiring services for a business purpose, the Act will not apply. Subject to this clause nothing in these terms and conditions will affect your rights as a consumer under the Act.
Changes to our Terms and Conditions
13.1 Eco Skips may alter these terms at any time by placing notification that the terms have been revised on the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
Severability
14.1 If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
Governing Law
15.1 These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.