Grasshopper Environmental Terms and Conditions

NOTE: all additional fees that may be incurred are outlined in the Fees & Charges Schedule.

1. Definitions

Additional Charges include all delivery, handling and storage charges, GST, duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by Customer to Company arising out of the sale of Goods.

Business Day means a day on which banks are open for business in Sydney, New South Wales, Australia excluding a Saturday, Sunday or public holiday in that city.

Company means Grasshopper Environmental Pty Ltd ABN 15 606 582 567.

Consumer Guarantee means the guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Contract means the documents forming the agreement between the Company and Customer, which includes the hire of Goods, in the following order of priority:

(a) these Standard Conditions, including the Hire Schedule if a hire arrangement applies;

(b) any director’s guarantee and indemnity;

(c) the Company’s credit application form completed by the Customer that has been accepted by the Company; and

(d) any hire delivery note provided to the Customer by the Company, whether signed or not, for hire arrangements only.

Credit Laws means the National Consumer Credit Protection Act 2009 (Cth), the National Credit Code, the National Consumer Credit Protection Regulations 2010 (Cth) and any amendments or revisions from time to time.

Customer means the person, firm, organisation, partnership, corporation, or other entity to or for whom the Goods are supplied by the Company, whether for hire and/or purchase.

Customer’s Declaration means the statement set out in the credit account application form or Hire Schedule that must be executed by the Customer prior to any hire of Goods.

Environmental Laws means any statute, policy directions or regulations made or issued by a regulatory body or government body regulating or otherwise relating to the environment including without limitation the use or protection of the environment. 

Goods means the goods that are:

(a) supplied; and

(b) hired,

by Company to Customer, from time to time.

GST means goods and services tax within the meaning of the GST Law.

GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time, together with any regulation made pursuant to that legislation.

Hire Commencement means the point in time that the Customer takes possession of the relevant hired Goods from the Company, as set out in the Hire Schedule.

Hire End Date means the date that the Customer must return the Goods to the Company, as set out in the Hire Schedule, unless the hire Contract is terminated early in accordance with clause 11. 

Hire Fees means the Company’s rates for the hire of the Goods and the cost of the Service, as set out in the Hire Schedule and as updated by the Company from time to time. 

Hire Schedule means the schedule of particulars of hired Goods by Customer, as issued by the Company.

Hire Term means the period starting on the Hire Commencement and ending on the Hire End Date.

Insolvency Event means, in respect of a Customer that is a:

(a) person, the Customer becoming bankrupt or entering into a scheme of arrangement with its creditors and the Company receiving notice of any such event; or

(b) company:

(i) the appointment of a liquidator, provisional liquidator, receiver, administrator or official manager and Company receiving notice of any such event; or

(ii) a statutory demand is issued against the Customer; or

(iii) the Customer’s inability to pay all of its debts as and when they become due and payable; or

(iv) the Customer ceases, or threatens to cease, to carry on a business.

Loss means all actions, claims, costs (including legal costs on an indemnity basis), damages, expenses, interest, liabilities and losses whether direct, indirect, special, consequential or otherwise, including loss of profits, loss of business revenue, failure to realise expected profits or savings, overhead costs, loss of goodwill, loss of reputation, loss of value in any intellectual property, damages or liquidated sums payable pursuant to other agreements, other economic losses, or any consequential or indirect losses of any kind howsoever arising and whether caused by breach of statute, breach of contract, negligence or other tort.

Personnel means a party’s employees, subcontractors, agents, advisors, representatives or any other person in its control. 

PPSA means the Personal Property Securities Act 2009 (Cth) together with any regulation made pursuant to that legislation and as these may be amended from time to time.

Purchase Price means the list price of the Goods as charged by the Company at the date of delivery or such other price as may be agreed by the Company and Customer prior to the delivery of the Goods. 

Service means the emptying of any of the bins that form the Goods by the Company.

Standard Conditions means these sections titled under ‘Standard Conditions (Standard Terms and Conditions).

Statutory Requirements means any statute, regulation, order, rule, subordinate legislation or other obligation enforceable under any statute, regulation, order, rule or subordinate legislation.

2. Application of these Standard Conditions

2.1 An order given to the Company is binding on the Company and the Customer if:

(a) a written acceptance is signed for or on behalf of the Company; or

(b) for the hire of Goods, the Hire Schedule is issued by the Company, signed by the Customer without any alteration and accepted by the Company;

(c) the Goods are supplied by the Company to the Customer in accordance with the order.

2.2 No order is binding on the Company unless accepted by it.

2.3 An acceptance of the order by the Company is then to be an acceptance of these Standard Conditions by the Company and Customer.  These Standard Conditions prevail over any of the Customer’s terms and conditions that it may have issued or provided to the Company in respect of the Goods or any other goods or equipment that the Company supplies to the Customer for hire or purchase from time to time. 

2.4 At all times, a Contract will be read as incorporating these Standard Conditions unless these terms are varied or excluded expressly in writing by a person actually authorised by the Company to vary or exclude these Standard Conditions.

2.5 The Standard Conditions:

(a) supersede and exclude all prior and other discussions, agreements, representations (contractual or otherwise) and arrangements relating to the supply of the Goods including, but not limited to, those relating to the performance of the Goods or the results that ought to be expected from using the Goods; and

(b) override any quotes, invoices or other documentation exchanged between the parties whether or not such documents expressly provide that they overrise these Standard Conditions; and

(c) to the extent permitted by law, in relation to the subject matter of the Contract, the Contract embodies the entire understanding of the parties and constitutes the entire terms agreed upon between the parties.

2.6 The Company has a right to accept a part only of any order by notifying Customer in writing or by delivering the Goods to the Customer.  

2.7 An order that has been accepted in whole or in part by the Company cannot be cancelled by the Customer without obtaining prior written approval from the Company, which it may refuse in its absolute discretion.

2.8 The hire arrangements are separate to the sale arrangements in these Standard Conditions.  The hire of the Goods pursuant to the Hire Schedule does not entitle the Customer to purchase the Goods under any circumstances.

2.9 For the avoidance of doubt:

(a) clauses 4, 7, 8.4 to 8.13(inclusive) and 11 apply where the Customer hires Goods from the Company from time to time;

(b) clause 5 applies where the Customer engages the Company for the Service from time to time;

(c) clauses 3 and 8.1 to 8.3 (inclusive) apply where the Customer purchases Goods from the Company from time to time; and

(d) clauses 1, 2, 6, 8.14 to 8.20(inclusive), 9, 10, 12, 13 and 14 always apply.

3. Sale of Goods

3.1 The Company agrees to sell the Goods to the Customer and the Customer agrees to purchase the Goods from the Company from time to time on the terms and conditions of their Contract.

3.2 The times quoted for delivery are estimates only and the Company accepts no liability for failure or delay in delivery of Goods. Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery.  Goods may be delivered by instalments at the discretion of the Customer.

3.3 Risk in accepting the Goods passes on delivery to the Customer.

3.4 Customer must inspect the Goods immediately on delivery, and notify the Company within 3 days of any damaged Goods, defects or discrepancies.

3.5 Ownership, title and property of the Goods remains with the Company until payment in full for the Goods and all sums due and owing by the Customer to the Company on any account has been made.  Until the date of payment:

(a) the Customer has the right to sell the Goods in the ordinary course of business;

(b) until the Goods have been sold by the Customer in the ordinary course of business, the Customer holds the Goods as bailee for the Company; and

(c) the Goods are always at the risk of the Customer.

3.6 The Customer is deemed to be in default immediately upon the happening of any of the following events:

(a) if any payment to the Company is not made promptly on or before the due date for payment; or

(b) if the Customer suffers an Insolvency Event.

3.7 In the event of a default by the Customer as described in clause 3.6, then without prejudice to any other rights that the Company may have at law or under their Contract:

(a) the Company or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Good;

(b) the Company may recover and resell the Goods;

(c) if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, the Company may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that respective claims of the Company and the Customer may be ascertained.  The Company may promptly return to the Customer any goods the property of the Customer and the Company is in no way liable or responsible for any loss or damage to the goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the goods or the Goods.

4. Hire of Goods

4.1 The Company agrees to let the Goods to the Customer and the Customer agrees to hire the Goods from the Company on the terms and conditions of their Contract, which governs the hire of Goods by the Customer from the Company from time to time.

4.2 Each Hire Schedule does not constitute a new hire agreement, and each Hire Schedule must be read together with the Contract. 

4.3 The Company will deliver the Goods to the address notified by the Customer for delivery in a Hire Schedule.  Delivery is deemed to take place when:

(a) the Goods are delivered to the address notified by the Customer and placed at the direction of the customer; or

(b) if the Customer elects to collect the Goods from the Company’s premises, when the Goods are collected from the Company’s premises.

4.4 Risk in the Goods passes to the Customer immediately prior to:

(a) the Goods being loaded for transit at the Company’s premises; or

(b) the Goods being collected from the Company’s premises by the Customer,

whichever is applicable, and only passes back to the Company once the Goods have been unloaded at the Company’s premises on the Hire End Date or on the date when the Goods are returned to the Company, whichever is later. 

Risk in the contents of the bin do not transfer to the Company until the contents has been transported, tipped and processed to the satisfaction of the Company.

4.5 The Customer agrees that the waste must meet the acceptance criteria at the facility to which the Company delivers the waste for processing and/or tipping, which may be nominated by the Company at its absolute discretion.

4.6 The Customer acknowledges that the Company has the right to hire the Goods to the Customer in accordance with their Contract and full legal and beneficial title to the Goods is maintained either with the Company, its related entity or with a third party with whom the Company has an agreement, at all times during and after the Hire Term.  At no time during the Hire Term or on expiry of the Hire Term does the Customer have any right to title or ownership of the Goods.

4.7 The Customer acknowledges that the Company may hire the Goods from a third party and in that event, Customer agrees:

(a) title to the Goods remains with that third party;

(b) to allow that third party, upon reasonable notice, to access the location where the Goods are located from time to time to inspect the Goods;

(c) if the Company’s agreement with that third party terminates during the Hire Term for any Goods, unless otherwise agreed by the Company in writing, any hire of Goods by the Company to the Customer under these Standard Conditions will automatically terminate and the Company may immediately recover possession of the Goods from the Customer; and

(d) the Company will not be liable to the Customer in any circumstances for any claim that the Customer may have, or for any loss or damage suffered, as a result of such termination.

4.8 The Customer’s right to use the Goods is as bailee only during the Hire Term.  Accordingly, the Customer must not:

(a) offer, sell, assign, sub-let, mortgage, pledge or otherwise deal with the Goods; and

(b) permit, authorise or otherwise allow any other person or entity to use, re-hire or have possession of the Goods,

at any time during or after the Hire Term without the prior written consent of the Company.

4.9 The Customer represents and warrants that its purpose for hiring the Goods is wholly and predominantly for business purposes and that the Customer’s Declaration is true and correct during and after the Hire Term, in the event that the Customer has possession of the Goods on expiry of the Hire Term.  The Customer acknowledges and agrees that the Company may exercise its rights set out in 11.2 if the Customer suspects or reasonably believes that the Customer’s purpose of hiring the Goods is wholly or predominantly for personal, domestic or household use or in a manner that causes or may cause the Company or the Customer to breach the Credit Laws.

4.10 The Customer acknowledges and agrees that:

(a) it has not relied on any representations by the Company or its Personnel in choosing to hire the Goods or in determining the suitability of the Goods; and

(b) it has inspected the Goods prior to entering into the Contract and accepted the Goods in their then-current condition; and

(c) the matters set out in any Hire Schedule are a true description of the purpose for which the Goods are to be applied in respect of the work and/or function required to be performed by such Goods and that Customer may forfeit any rights that the Customer may have against the Company for the supply of the Goods.

5. Service

5.1 The Hire Schedule sets out whether or not the hire includes the Company providing the Service.  Where the Company provides the Service, the Company will charge the Hire Fees and collect and return the Goods to the address specified in the Hire Schedule according to the terms of the Hire Schedule.

5.2 The Customer acknowledges and agrees that:

(a) asbestos, fibro, liquids, rubber, synthetic grass, carpet, food waste, noxious weeds and contaminated waste and solids are not accepted and if found will incur an extra charge;

(b) tyres and mattresses will incur an extra charge;

(c) it will be charged the fee for the Service based on the weighbridge docket that has been signed by the driver/Company representative, which notes the material.  Any discrepancy must be dealt with on the spot when the material can be clearly seen;

(d) all weight limits of the Goods must be adhered to;

(e) the Company representatives and drivers picking up any of the Goods to perform the Service have the discretion and right to refuse to load any Goods they consider to be unsafe or overloaded in accordance with any applicable legislation and Company policy. Excess weight will be charged in accordance with the fee schedule.

6. PPSA

6.1 Defined terms in this clause have the same meaning as given to them in the PPSA.

6.2 To the extent that the arrangement documented in the Contract constitutes a Security Interest: 

(a) this clause 6 applies;

(b) the Security Interest is created in, and the Customer grants to the Company a Security Interest in:

i. all Goods previously supplied by the Company to the Customer, if any;

ii. all Goods that will be supplied in the future by the Company to the Customer; and

iii. all proceeds received by the Customer in relation to the Goods, if any,

and a Financing Statement may be registered on the Register.

6.3 The Customer acknowledges that the creation of, and granting of, the Security Interest gives rise to remedies of repossession, retention and/or sale of the Goods in accordance with the PPSA or otherwise where the Company seeks to enforce the Security Interest.

6.4 To the extent permissible at law, the Customer:

(a) waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to the Company; and

(b) indemnifies the Company on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis, associated with any registration, amendment, discharge, enforcement or attempted enforcement of any Security Interest, and all other costs associated with the perfection and enforcement of the Security Interest.

6.5 To the extent permissible at law;

(a) nothing in sections 130 to 143 of the PPSA will apply to the Agreement or the Security Interest under the Agreement; and

(b) the Customer waives its rights as they are set out in all the following sections of the PPSA: 95,118, 121, 123 and 129.

6.6 The Customer shall ensure that all third parties who may from time to time take or come into possession of the Goods are advised of the Company’s Security Interest in such Goods.

7. Customer’s Obligations

7.1 In hiring the Goods, the Customer must:

(a) use the Goods in a safe manner and in strict accordance with all Statutory Requirements;

(b) only use the Goods for their intended use and in a manner consistent with any operating instructions provided by the Company or the manufacturer from time to time;

(c) on the Hire End Date, return the Goods to the Company in the same good and clean condition they were in when the Customer received them, ordinary fair wear and tear excluded;

(d) immediately report any matter to police where any damage or loss to the Goods arises as a result of any damage or loss of Goods that falls within the scope of the Crimes Act 1900 (NSW);

(e) immediately, and in any event within 24 hours, notify the Company of any matter which comes to its attention that may result in liability to either the Customer or the Company;

(f) take out and maintain all applicable insurances to the full replacement value of the Goods for the use, storage, operation, loss, theft and damage of the Goods during the Hire Term and until such time as the Goods are returned to the Company and provide the Company with certificates of currency for the insurances on demand;

(g) reimburse the Company for the cost of any insurance which the Company may reasonably arrange in respect of the Goods let to the Customer, if the Customer does not insure the Goods or fails to supply details of its insurance policies;

(h) comply with all Environmental Laws from time to time and immediately rectify any breach of any Environmental Law caused by the use of the Goods;

(i) maintain the Goods in good condition and in accordance with the manufacturer’s and the Company’s instructions at the Customer’s cost;

(j) not in any way alter, deface, modify, tamper with, damage or repair the Goods;

(k) allow the Company to enter onto its premises or any other premises where the Goods are being stored in order to inspect the condition of the Goods;

(l) use best endeavors to ensure that, during the Hire Term and until such time that the Goods are returned to the Company, the Goods are stored safely and securely and are protected from theft, seizure or damage;

(m) not remove the Goods from the Australian State in which the Customer agreed to use and store the Goods, as set out in the Hire Schedule, without the Company’s written consent; and

(n) notify the Company immediately on any change to the premises or location where the Goods are used or stored during the Hire Term or after the Hire Term if the Goods are not returned to the Company as required by their Contract.

7.2 In the event that Goods break down or become unsafe to use during the Hire Term for any reason, the Customer must: 

(a) immediately stop using the Goods;

(b) immediately notify the Company and follow the Company’s instructions (if any);

(c) use best endeavours to prevent injury occurring to persons or property as a result of the condition of the Goods;

(d) use best endeavours to prevent further damage to the Goods; and

(e) not repair or attempt to repair the Goods without the Company’s written consent.

7.3 In the event that the Goods break down or become unsafe to use through no fault, negligence, recklessness or misuse by the Customer, the Company will:

(a) take all steps reasonably necessary to repair the Goods or provide suitable substitute Goods as reasonably possible after being notified by the Customer;

(b) not impose Hire Fees for that portion of the Hire Term for which the Goods were broken down or unsafe, nor the costs associated with any repair or replacement of the Goods.

7.4 The Company is not liable for Losses or inconvenience suffered or incurred by the Customer arising from the breakdown of Goods, however so caused. 

7.5 The Customer is responsible for the Goods during the Hire Term and until such time that the Goods are returned to the Company (Period).  If the Goods are lost, stolen or damaged during this Period other than for the reasons set out in clause 7.3, the Customer is liable for and must pay to the Company on demand, or within 24 hours of the loss, theft or damage occurring to the Goods:

(a) any direct costs incurred by the Company in repairing or replacing the Goods; and

(b) all other costs that are incurred by the Company as a result of the loss, theft or damage to the Goods, including but not limited to transport costs.

7.6 The Customer is liable, even where another part of the Contract says otherwise, for loss or damage to the Goods during the Hire Term and after the Hire Term if the Goods are not returned to the Company in accordance with the Contract:

(a) arising from any failure by the Customer to take all reasonable precautions against such loss or damage;

(b) due to abandonment;

(c) due to improper use of the Goods;

(d) due to negligence, recklessness or failure to comply with applicable laws, codes and standards for use of the Goods;

(e) caused by unauthorised repairs or alterations to the Goods;

(f) due to fraud;

(g) resulting from fines and penalties issued in respect of the Goods arising from the Commencement Date until such time that the Goods are returned to the Company;

(h) resulting from radioactive, chemical or biological contamination;

(i) caused whilst the Goods are underground, or from aviation, airport or airside activities; or

(j) resulting from carrying hazardous or dangerous goods, unless expressly disclosed and agreed to by the Company.

8. Fees & Charges

Sale and purchase transactions

8.1 Customer must pay the Purchase Price and the Additional Charges, which are payable in addition to the Purchase Price, for the Goods to Company.

8.2 Payment for Goods must be made within 30 days from the end of month in with the tax invoice is sent by the Company to the Customer (or as otherwise agreed to in writing by the Company).

8.3 If the Customer is in default, the Company may at its option withhold any other deliveries or transactions for the Customer or cancel the sale contract without prejudice to any of the Company’s existing rights.

Hire transactions

8.4 During the Hire Term and from time to time, the Company will issue monthly tax invoices at the end of the month to the Customer setting out the Hire Fees, plus any other fees, charges and costs that are payable by the Customer arising from or in connection with the hire of the Goods, including, but not limited to, the matters set out in clause 8.7.

8.5 Unless otherwise agreed to by the Company in writing, the Company will charge the Customer and the Customer must pay the Company the Hire Fees from the Hire Commencement Date until such time that the Customer has returned the Goods, which must be returned on the Hire End Date.

8.6 The Customer agrees that the Company may debit the Customer’s credit card, as provided for payment of Hire Fees set out in the Hire Schedule, in accordance with terms of payment between the Company and the Customer, to satisfy any part or all of the Hire Fees payable by the Customer to the Company for Goods.

8.7 The Customer acknowledges and agrees that it may be iable to pay the Company on account of:

(a) charges made for consumables and trade materials provided by the Company to the Customer from time to time;

(b) GST and all other applicable taxes, duties, levies, and any other government charges imposed on the Contract or in respect of the Goods;

(c) amounts in consideration of any oil, grease, or other environmental contaminates used, applied, or discarded in connection with the Goods;

(d) all fines and penalties that may be imposed in relation to or arising from the use or operation of the Goods during the Hire Term, including after the Hire Term if the Goods is not returned to the Company in accordance with the Contract;

(e) additional fees for the costs of delivery, collection or installation, in the event that the Customer requires the Company to deliver, collect or install the Goods;

(f) cleaning fees in the event that the Customer fails to return the Goods in the same good and clean condition that it was supplied at the Hire Commencement Date;

(g) additional Hire Fees for the late return of the Goods after the Hire End Date, which are calculated on a pro-rata basis from the Hire End Date; and

(h) early return of the Goods prior to the Hire End Date if this is stated in the Hire Schedule.

8.8 The imposition of the fees set out in clauses 8.7 does not mean that the Company agrees to extend the Hire Term for the Goods.

8.9 If the Customer fails to return the Goods to the Company’s premises on the Hire End Date, the Customer will remain liable to be charged for the Goods until they are returned to the Company.

8.10 The Company reserves the right to charge the Customer for a minimum period of hire for certain types of Goods.

8.11 The Hire Fees are subject to any rise in the Consumer Price Index each June and December and by any increase in tipping charges & operational costs, reduction in the value of recyclable materials, or by any new or increased government charge, levy  or regulation subject to GE providing the Customer with 30 days written notice of such rate increases.

8.12 Notwithstanding clause 8.11, the Company may, in its absolute discretion, change the amount of the Hire Fees at any time by providing the Customer with 30 days prior written notice of the changes to the Hire Fees for reasons including, but not limited to, changes in tipping fees, fluctuations in commodities markets, changes in levies and taxes charged to the Company by government authorities and other bodies, and fuel and other transport costs.  If the Hire Fees are changed by the Company pursuant to this clause 8.11, then the Customer must pay the new Hire Fees in accordance with clause 8, unless the Customer terminates the relevant Hire Schedule prior to the effective date of the change in the Hire Fees.

8.13 The terms of the Contract survive the Hire Term of the hire.

All arrangements

8.14 Time for payment for the Goods is of the essence.

8.15 Any credit accommodation granted by the Company to the Customer may be reviewed at any time without notice.  Credit may be withdrawn if the Customer fails to make payments or use the Goods in accordance with these Standard Conditions and a statement may be issued at that time requiring payment within 7 days of any amount due and owing to the Company.

8.16 If the Customer is in default of any payments due and owing to the Company, the Company may at its option and in addition to any ‘default charges’ incurred by the Company:

(a) exercise its rights set out in clause 11.2; or

(b) charge a late payment fee of 2% per month, compounding monthly, on the unpaid balance of the outstanding invoice(s), which accumulates from the due date for payment and is added to the outstanding account at the end of each month.

8.17 The Customer must indemnify and keep indemnified the Company for all Losses and expenses incurred by the Company in pursuing and recovery action, or any other claim or remedy, recovering any amounts that the Customer fails to pay by the payment due date (including any commission payable to any commercial or mercantile agents and legal costs on an indemnity basis and as a liquidated sum).

8.18 The Company may set-off against any credit owed to the Customer, any amounts which are owing by the Customer to the Company pursuant to their Contract or otherwise.  The Customer must not set-off any amounts payable to the Company.

8.19 The Customer acknowledges that the Company may impose a charge for accepting any payments made by the Customer by credit card.

8.20 All amounts payable by Customer under these Standard Conditions must be paid without set-off or counterclaim of any kind.

9. Customer Acknowledgements

9.1 The Customer acknowledges and agrees that it does not rely on the information, skill or judgment of the Company in relation to the suitability of the Goods for a particular purpose.  Any advice, recommendation, information or assistance provided by the Company in relation to the Goods is provided without any liability by the Company whatsoever.

9.2 To the fullest extent permitted by law, the Customer forfeits any right of claim against the Company if any alteration to the Goods or quote provided by the Company is carried out without the Company’s prior written consent. 

9.3 Delivery of Goods and supply of services to a third party nominated by the Customer is deemed to be delivery or supply to the Customer for the purposes of these Standard Conditions.

10. Liability and Indemnities

10.1 Subject to the Cusomer’s Contract, to the full extent permitted by law, the Company’s liability in respect of a breach of the Contract relating to any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited at the Company’s option to:

(a) in the case of Goods;

(i) replacing the Goods or the supply of equivalent equipment;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent equipment; or

(iv) the payment of the cost of having the Goods repaired; and

(b) in relation to services;

(i) re-supplying the services;

(ii) reimbursing the consumer for paying someone else to supply the services.

10.2 Except where the Company’s obligation is a Consumer Guarantee, all warranties whether implied or otherwise not set out in the Contract are excluded and the Company is not liable for legal costs and disbursements, and the Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for any Losses.

10.3 To the full extent permitted by law, the Customer indemnifies and will keep indemnified the Company from and against any and all Losses that the Company directly or indirectly sustains or incurs arising from or in connection with their Contract, including:

(a) any act or omission, including the use of the Goods;

(b) any waste that is collected by the Company from the Customer;

(c) any breach of the Contract or any law; and

(d) any injury to persons or damage property, including the Goods,

by the Customer, its Personnel or parties under its control; and

(e) enforcement of any security interest by the Company under these Standard Conditions.

10.4 The Company is not liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) Customer failing to properly maintain or store any Goods;

(b) Customer using the Goods for any purpose other than that for which they were designed;

(c) Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) Customer failing to follow any instructions or guidelines provided by the Company; or

(e) fair wear and tear, any accident or act of God,

and the Customer acknowledges that it will liable for the matters in clause 10.4, other than for the matters included in clause 10.4(e).

10.5 Each indemnity in the Contract is a continuing obligation, separate and independent from the other obligations of Customer. 

10.6 It is not necessary for the Company to incur an expense, make a payment or mitigate its loss before enforcing a right of indemnity conferred by the Contract.  The Customer must pay on demand any amount it must pay to the Company under an indemnity.

10.7 The Customer must:

(a) promptly inform the Company of all complaints or claims relating to any of the Goods;

(b) not admit liability on behalf of the Company in respect of any complaint or claim relating to any of the Goods;

(c) not resolve or settle any complaint or claim relating to any of the Goods, which may result in the Seller incurring any liability (to any other person); and

(d) deal promptly with all complaints or claims relating to any of the Goods, which will not result in the Company incurring liability.

10.8 Any claims made against the Company for short delivery of Goods must be lodged with the Company in writing within 7 days of the delivery date.

11. Termination of each Hire Contract

11.1 On the Hire End Date, the Customer must return the Goods to the Company by delivering and unloading the Goods at the Company’s designated premises. 

11.2 The Company may terminate each hire of Goods as set out in a Hire Schedule immediately by notice to the Customer, if:

(a) the Customer breaches the terms of the Contract; or

(b) the Customer suffers an Insolvency Event.

11.3 The Company may terminate the hire of Goods as set out in a Hire Schedule for any other reason with 24 hours’ notice to the Customer.

11.4 In the event that the Company terminates the Contract for any of the matters set out in clause 11.2, the Customer must pay on demand the balance of the Hire Fees that would have been payable to the Company had the Customer been in possession of the Goods until the Hire End Date. 

11.5 If the Company has terminated any hire of Goods as set out in a Hire Schedule pursuant to clauses 11.2 or 11.3 or in the event that the Customer fails to return the Goods on the Hire End Date, then without prejudice to any other rights that the Company may have at law or under the Contract, the Company may, without notice to the Customer:

(a) enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods; or

(b) if the Goods cannot be distinguished from similar goods which the Customer has or claims to have paid for in full, the Company may in its own absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of the Company and the Customer may be ascertained. The Company must promptly return to the Customer any goods that are the property of the Customer and the Company is in no way liable or responsible for any loss or damage to those goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of any of the goods.

11.6 If the Company is unable to recover the Goods for any reason pursuant to clause 11.5, the Company may, in addition to all of its rights and remedies under the Contract, enforce the Contract and repossess the Goods for and on behalf of any third-party owner of the Goods as well as for itself.  For that purpose, the Company may commence proceedings in its own name to enforce all obligations and liabilities of the Customer and make any claim which any third-party owner of the Goods may have against the Customer.

11.7 The Company’s rights in this clause 11 are in addition to all other rights and remedies under the Contract, under law and at equity.

12. Confidentiality

12.1 In this clause, Confidential Information means confidential information, trade secrets, know-how, and market or pricing information relating to the Goods.

12.2 The Customer must not disclose any of the Confidential Information supplied to the Customer pursuant to these Standard Conditions.

13. Trust and Trustees

Where Customer is a trustee, the Customer:

(a) agrees to produce a stamped copy of the trust deed (with all amendments) and accounts of the trust if and when requested by the Company;

(b) warrants that it has full power and authority to enter into the Contract on behalf of the trust and that it shall be bound by the Contract both personally and in their capacity as trustee irrespective of whether or not it discloses to the Company that it is a trustee at the time of entering into any credit agreement with the Company;

(c) warrants that the trust has agreed to indemnify the trustee in respect of all liability incurred by the trustee pursuant to the Contract; and

(d) acknowledges that it has entered into the Contract in its capacity as trustee of the trust and also in its own capacity.

14. General

14.1 The Contract is governed by the laws of New South Wales, Australia, and the parties submit exclusively to the jurisdiction of the Courts of that State.

14.2 Clerical errors in computations, typing or otherwise of catalogue, quotation, acceptance offer, invoice, delivery docket, credit note or specifications of the Company are subject to correction.

14.3 If the Customer comprises more than one person:

(a) these Standard Conditions bind each Customer jointly and severally; and

(b) the Company is only required to give notices, quotes and other information, to one of the Customers (who undertakes to provide the notices, quotes and information to the other Customer or Customers).

14.4 The Company may novate or assign the whole or any part of the Contract without the prior written consent of the Customer and the Customer must execute all documents necessary to give effect to any novation or assignment to of the whole or any part of their Contract.  The Customer may not novate or assign the whole or any part of their Contract without the prior written consent of the Company.

14.5 No failure by the Company to enforce its rights or remedies under the Contract constitutes a waiver of any such rights or remedies.

14.6 If a provision in the Contract is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part thereof is deemed deleted without affecting the validity or enforceability of the remainder of the provision or any other provision of the Contract.

14.7 The Contract may be executed in any number of counterparts and by the parties on separate counterparts.  Each counterpart constitutes an original of the Contract, all of which together constitute one Contract.

14.8 Signatures on the Contract transmitted by facsimile transmission, by electronic mail in ‘portable document format’ (.pdf) or by any other electronic means intended to preserve the original graphic and pictorial appearance of the document will have the same effect as physical delivery of the paper document bearing the original signature.

14.9 The Customer warrants that:

(a) it has the right, power and authority to enter into the Contract and to perform all of its obligations pursuant to the Contract;

(b) it will comply with all laws, government regulations, workplace health and safety laws; and Chain of Responsibility requirements (refer https://www.nhvr.gov.au/safety-accreditation-compliance/chain-of-responsibility);

(c) it will at all relevant times, and during each Hire Term maintain appropriate insurances;

Prohibited Items

Prohibited items are generally those that require specialised handling and treatment and incur additional processing charges. Prohibited items must not under any circumstances be placed in to skip bins without prior arrangement with Grasshopper Environmental. If prohibited waste items are placed in to skip bins without a prior arrangement, the load will be rejected and will incur an additional reload fee and transport fee.

Prohibited items include:

• Food waste
• Asbestos and fibro
• Polystyrene
• Chemicals and other liquids including paints, glue, and oils
• Tyres (car and truck), and rubber
• Carpet & Synthetic Grass
• Mattresses
• Batteries
• Large Stumps
• Noxious weeds and any other contaminated waste
• Hazardous or Toxic waste
• Medical/Hygiene waste

Services are available for the removal of the items above. Please contact us for a quote.

Asbestos

Asbestos must be placed into asbestos skip bins ONLY. In order to meet local Government and WHS requirements, asbestos MUST be wrapped securely in plastic and kept wet prior to being placed into asbestos skip bins.

Asbestos skip bins are charged a minimum 1 tonne tipping fee.

Rental Fees

All Grasshopper Environmental site bins, including wheelie bins, craneable bins, and slurry bins, are charged a rental fee. Please see fees & charges schedule.

All other hire arrangements that result in bins and equipment remaining on-site for more than 21 days will incur a rental fee.

Excess Weight Surcharges

Skip bins and commercial waste bins exceeding the maximum allowed tonnage incur excess weight surcharges. Skip bins exceeding the allowed weight limit are charged per tonne of excess weight. Commercial waste bins exceeding the allowed weight limit are charged per kilogram over 80kg per m3.

Skip Bin Tarps

Grasshopper Environmental skip bin tarps are used for craneable skip bins, securing loose material and covering hazardous waste. Skip bin tarps are available for purchase on request.

Damage to Bins & Equipment

Any damage from misuse or negligence to Grasshopper Environmental bins or equipment (including broken wheels) will incur charges for the full cost of repair. Equipment that requires structural repairs and/or engineers’ certification may incur additional charges.

To minimise the occurrence of damage to bins or equipment, Grasshopper Environmental has a range of lifting equipment to assist with the tipping of site bins. Hiring options include:

• Electric Bin Lifters
• Forklift rotator tipping attachments to suit forklift rotator (forklift rotator to be provided by customer)

Contact us for more information.

Waiting Time

We allow a wait-to-load of twenty (20) minutes maximum on site. Additional waiting time will be charged per hour.

Work Health & Safety

The use of Grasshopper Environmental skip bins and commercial waste bins must conform to all relevant industry safety standards. Grasshopper Environmental drivers have the right to refuse to transport a bin if they consider it unsafe, overloaded, unable to be safely restrained, or not conforming to relevant WHS, RMS standards, and relevant legislation.

Futile Service

Inability to collect a skip bin or commercial waste bin due to overloading, blocked access, or late cancellation will incur a futile service. A futile service for skip bins are charged a futile service fee as per the fees and charges schedule. A futile service for commercial waste bins are charged 60% of service fee.

Hours of Operation

For bookings, enquiries and general customer support, please contact Customer Care on 1300 147 277 or email customercare@grasshopper.net.au

Customer Care Operating Hours
Monday to Friday: 6.30am – 5.30pm
Saturday: 7.00am – 12.00pm
Sunday: Closed

Rates

All prices exclude GST and are subject to variation due to increases in CPI and operational costs, Government regulations and/or EPA Levies.

Payment

A minimum 1 tonne charge will apply for any service where the tonnage rate is applied as the charging mechanism.

A 2% monthly interest will be payable on overdue accounts.

Requests for credit will not be accepted if received after 30 days from the date of the invoice.

Services provided by Grasshopper Environmental are invoiced as a payment claim made under the Building and Construction Industry Security of Payment Act NSW 1999.

Risk and Liability

Risk in accepting the Goods passes on delivery to the Customer, including but not limited to, all fines and penalties that may be imposed in relation to or arising from the placement, use or operation of the Goods during the Hire Term.

Fees & Charges Schedule

As of 1 October 2022