Orange Skip Bag 

Terms and Conditions

1. Introduction: Please read the following terms and conditions carefully prior to placing an order. The sale, delivery, pickup and disposal of skip bags (The Services) are supplied or sold to You subject to these terms and conditions (Terms). Your purchase and use of any component of The Services constitutes acceptance of these Terms. These Terms govern the relationship between Orange Skip Bags and any person or entity who purchases The Services from either Orange Skip Bags or a distributor to whom Orange Skip Bags supplies Skip Bags for sale (You). You must read and agree to the following Terms. If You do not accept these Terms, The Services may not be used by You.

2. Use and ownership of the Skip Bag:  Orange Skip Bags offers Skip Bags for the removal and disposal of certain types of household waste, building and construction waste (Waste). You must use, and load, the Skip Bag in a safe and secure manner and otherwise in accordance with the guidelines and instructions (Instructions) set out on the Orange Skip Bag website www.orangeskipbags.com.au from time to time. You must only use the Skip Bag as permitted in the Instructions. These include the materials permitted to be placed in the Skip Bag and those which must not be placed in it (Excluded Material), the intended purpose, not overfilling the Skip Bag or placing it in an awkward position for the Pickup Service. You are responsible for all material placed in the Skip Bag and for compliance with all applicable laws and regulations. The Skip Bag is a single use product and ownership shall vest in Orange Skip Bags upon Pickup of the Skip Bag. Except as expressly set out in these Terms, Orange Skip Bags has no obligation, express or implied, to provide additional services or products to you, including but not limited to loading, pickup or disposal of the Skip Bag. The Skip Bag will not be returned to You after it has been removed.

3. Use of Pickup Services: Pickup and disposal fees are not included in the purchase price of the Skip Bag. You are responsible for all pickup and disposal fees in relation to the Skip Bag. You may arrange for Pickup and disposal of the Skip Bag via the website www.orangeskipbags.com.au. If You call Orange Skip Bags to request pickup and disposal of the Skip Bag or if You request pickup and disposal of the Skip Bag by completing the relevant form on the website, Your request will constitute an offer to enter a contract for the pickup and disposal of the Skip Bag with Orange Skip Bags. You must be 18 years of age to purchase a Pickup Service on the telephone or using the website, and Orange Skip Bags reserves the right to decline orders on that basis. Orange Skip Bags will supply the Pickup Service to You on these Terms only. If You do not comply with these Terms or the Instructions, Orange Skip Bags reserves the right to refuse to collect or dispose of the Skip Bag. Orange Skip Bags does not guarantee performance of the Skip Bag where Orange Skip Bags has not performed the Pickup Services.

4. Price of Pickup Service and payment: The price payable by You for the Pickup Service is that stated on the website or advised to You on the telephone at the time of acceptance of Your order, unless otherwise expressly agreed in writing by Orange Skip Bags. The price includes Goods and Services Tax (GST) unless otherwise expressly stated. All prices are stated in Australian dollars. Prices quoted for the Pickup Service are based on the information which You provide on the telephone or submit to the website, and Orange Skip Bags reserves the right to vary prices if that information is incorrect. You must make payment for Your order for a Pickup Service upon submitting that order. Payment may be made by credit card or by such other method as may be agreed by Orange Skip Bags.

5. Cancellation: You will be entitled to cancel or vary an order for a Pickup Service if Orange Skip Bags receives notice of variation or cancellation no less than two (2) working days before the Pickup date under the order. Any other variation to your order will be granted at Orange Skip Bag’s sole discretion and subject to payment of reasonable costs. Orange Skip Bags reserves the right to cancel or vary any order if it is no longer able to provide the Pickup Service set out in an order. In the event an order is so cancelled by Orange Skip Bags you will receive a refund of any money paid in advance for the cancelled order.

6. Access for Pickup: You will be responsible for providing free and suitable access for Orange Skip Bag's employees, contractors or agents and their vehicles to and from Your premises for Pickup of the Skip Bag, and for ensuring suitable ground conditions for its removal. No responsibility is accepted for damage to the surface of any area at the premises which Orange Skip Bags contractors, employees or agents is required to pass over to gain access to the Skip Bag or to any pipes, cables or other fixtures beneath such access ways. If Orange Skip Bags employees, contractors or agents are unable to obtain access to the Skip Bag on the day of Pickup, or if the Skip Bag is otherwise not available at the premises on that day, then unless Orange Skip Bags expressly agrees otherwise, no refund will be made to You and any later pickup and disposal of the Skip Bag will require a new Pickup Service to be ordered and paid for by You.

7. Indemnity: You will indemnify Orange Skip Bags and its affiliates, agents, contractors and employees from and against any fine, penalty, loss, cost, damage, injury, claim, expense, or liability associated with or arising out of material in the Skip Bag, improper use or loading of the Skip Bag, any Excluded Material in the Skip Bag or a failure to comply with the Instructions.

You indemnify Orange Skip Bags from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of: 

(a)  any breach of this Agreement by You or 

(b)  any negligent, fraudulent or criminal act or omission of You or your personnel.

8. Title: The Waste placed in the Skip Bag shall vest in Orange Skip Bags when Orange Skip Bags removes the Skip Bag from Your premises. Title to, and liability for, Excluded Material shall always remain with You. This is so even when Orange Skip Bags removes such material from the premises.

9. Disclaimer and limitation of liability: Orange Skip Bags will use all reasonable endeavours to perform any Pickup Service on a timely basis and with a reasonable level of care. Orange Skip Bags will not be liable for any failure or delay in providing any Pickup Service due to circumstances beyond Orange Skip Bags control. Orange Skip Bags expressly excludes to the fullest extent permitted by law all other warranties, representations or conditions, express or implied, in relation to the Skip Bag or the Pickup Service. Nevertheless, if for any reason Orange Skip Bags is liable to you in contract, tort or otherwise, Orange Skip Bags liability for any claim, damages, loss or expense is limited to the cost paid by You for the Skip Bag or the Pickup Service (as applicable) except where statute expressly requires otherwise. To the fullest extent permitted by law, Orange Skip Bags will not be liable in any event whether in tort (including negligence), 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, or for any damage to the surface of any area or the pipes, cables or other fixtures beneath such access ways which Orange Skip Bags passes over to gain access to the Skip Bag.  Nothing in this Agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth). 

10. Representations: No representation or statement made to you by any employee, contractor, agent, representative or supplier of Orange Skip Bags in relation to the Skip Bag will be binding on Orange Skip Bags.

11. Privacy: You authorise Orange Skip Bags to collect, retain and use personal information about You in accordance with the Privacy Act 1988 for the purpose of processing payment for any services which You purchase from Orange Skip Bags using the web site, marketing products and services to You or for any other purpose that You authorise such as, but not limited to assessing credit worthiness. 

12. Construction: These Terms (incorporating the Instructions) constitute the entire agreement between You and Orange Skip Bags with respect to the purchase and use of the Skip Bag and the purchase or order of any Pickup Service. No provision of these Terms will be deemed waived, amended, or modified by Orange Skip Bags unless such waiver, amendment, or modification is in writing signed by Orange Skip Bags (or such amendment or modification is made by Orange Skip Bags in accordance with these Terms). These Terms are governed by the laws of New South Wales, Australia and any legal proceedings in connection with them or the Skip Bag or the Pickup Service will only take place in New South Wales, Australia. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.